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Resolution 1996-222 RESOLUTION NO. 96--ll2 HAY - 7 1996 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTIfORIZING THE ACQUlSmON BY GIFT OR PURCHASE OF ROAD RIGHT-OF-WAY BY EITHER EASEMENT OR DEED, AND DRAINAGE EASEMENTS WInCH ARE REQUIRED FOR THE RE-ALIGNMENT OF ORANGE BLOSSOM DRIVE AT AIRPORT ROAD AND FOR THE FUTURE CONSTRUCTION OF ORANGE BLOSSOM DRIVE FROM AIRPORT ROAD TO FUTURE LIVINGSTON ROAD. WHEREAS, the Board of County Commissioners (Board) has adopted the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects which comprise the Transportation Element of the County's Comprehensive Plan; and WHEREAS, in accordance with said Comprehensive Plan, the Board has adopted Resolution No. 96-130 authorizing the acquisition of right-of-way for the six-Ianing of Airport Road from North of Pine Ridge Road to Vanderbilt Beach Road; and WHEREAS, public safety requires that Orange Blossom Drive both east and west of Airport Road be re-a1igned such that the offset is removed at the intersection between the east and west roadways; and WHERE.AS, removal of the existing offset will require the acquisition of additional right-of- way; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considerations have been reviewed as they relate to the implementation of said transportation improvements; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the acquisition of property rights required for the construction of Orange Blossom Drive (hereinaller referred to as "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference); and WHEREAS, the design and construction of said transportation improvements and related facilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the lOOK OOOPl"lG9 HAY - 7 I9S6 citizens of Collier County, and will assist Collier County in meeting certain concurreney requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thaI: J. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The project loCation (and the property rights to be acquired as depicted on Exhibit" A") is the most feasible location; and is both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for Orange Blossom Drive. . 3. The Board has determined that the construction and maintenance of the transportation improvements and related facilities is necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improvements and related facilities are compatible with the long range planning goals and objectives of the Growth Management Plan for Collier County. 5. It is necessary and in the best interest of Collier County for the Board to acquire the drainage easement(s) and right-of-way by either easement or deed identified in Exhibit" A"; and County Staff is hereby authorized and directed to acquire same by gill or purchase. 6. The Chairman of the Board is hercby authorized to execute Appraisal Agreements with the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. The Board further directs staff to use appraisal reports or internal compensation estimates as staff determines is necessary to best >=e the needs of the Project in a timely and cost- effective manner. 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a property where the purchase price of the parcel (the compensation due to the property owner) i. less than One Hundred Thousand and 001100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar 2 lOOK 000 Pld 70 .~.~._-~.~. _._.---_.- .. -"^'-'--"~-~--"-~~""""'~~ -~<',.,"-'.'...... MAY - 7 1996 amounts of which shall be predicated on "staff compensation estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Management Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as established by the appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355, Florida Statutes), in return for the immediate and proper execution of the respective easements, and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required in order to acquire the drainage easements and road right-of-way by eithcr easemcnt or deed. 9. In those instances where negotiated settlemcnts may be obtained via a "Seller'. Affidavit", "Purchase Agreement" or "Easement Agreement" instrument,the Director of the Office of Capital Projects Management, or his designee, is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value, and approve payment of related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, and when the difference between the purchase price and compensation estimate or appraised value is less than Filleen Thousand and 0011 00 Dollars (SI5,ooO.00) or within the limits of the purchasing policy in effect at the time of acquisition; as established by the Collier County Purchasing Department, provided project funding is available. 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. II. The Chairman of the Board i. hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required property rights to the County at appraised value or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. lOOK 000 p~d 71 3 _"~---""'-'_~-,~,",.,_, HAY - 7 1996 12. Where the property owner agrees, by sworn affidavit or agreement ("Seller's Affidavit", "Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property 10 the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as . such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements or deeds (and other related instruments as may be required to remove the lien of any encumbrance from the acquired properties). THIS RESOLUTION ADOPTED on this -7- day of ";hZJ;;t ~ . 1996, aller motion, second and majority Yote. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLL COUNTY, FLORIDA t'*/H""~ <JJt. ~ wig E. Brock, Clef 7 n C. Norris, Chatrman Approved as to form and legal sufficiency: ctJ( <fl( -~ 101 A =-- Heidi F. As ton Assistant County Attorney lOOK 000 ~A,[ 172 4 '~-_..__--.__..~.~----...---_..._,.~~---._~.,...~_.~. . 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