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Resolution 1996-356 AUG 1 3 1996 RESOLUTION NO. 96-~6 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION EASEMENTS AND/OR FEE SIMPLE TITLE BY GIFT OR PURCHASE WHICH ACQUISITIONS ARE REQUIRED FOR THE FOUR-LANING IMPROVEMENTS FOR COUNTY BARN ROAD BETWEEN DAVIS BOULEVARD (S.R. 84) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864), CIE NO. 33. WHEREAS, the Board of County Commissioners (Board), on September 27, 1994 adopted Ordinance No. 94-54 therein establishing the 1994 (Sixth Annual) 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, the four-Ianing roadway improvements to County Barn Road between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road (C.R. 864) are component parts of the Transportation Element of the County's Comprehensive Plan; and WHEREAS, alternate locations, environmental factors, long range planning, cost variables, concurrence, safety and welfare considera- tions 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 the four-Ianing roadway improvements for County Barn Road between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road (C.R. 864), hereinafter 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 -Page 1- -- AUG 1 3 1996 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 citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION- ERS OF COLLIER COUNTY, FLORIDA, that: 1. 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 road right-Of-way, sidewalk, utility, drainage, maintenance and temporary construction easements and/or the fee simple title acquisitions identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for the County Barn Road four-laning improvements between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road (C.R. 864), CIE No. 33. 3. The Board has determined that the construction and maintenance of the four-laning transportation improvements and related facilities are necessary for a public purpose and is in the best interest of Collier County. 4. The construction and maintenance of the transportation improve- ments and related facilities are compatible with the long range plan- ning goals and objectives of the Growth Management Plan for Collier County. -Page 2- . AUG 1 3 19!16 5. It is necessary and in the best interest of Collier County for the Board to acquire the road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction easements and/or the fee simple title identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the perpetual, non-exclusive, road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction easements and/or fee simple title on the properties identified in Exhibit "A". 6. The Chairman of the Board is hereby 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 serve 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) is less than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar 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. B. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Real Property Manage- ment Department staff is hereby directed to offer immediate delivery to the respective property owners of the full compensation (as establish- ed by the appraisal or staff compensation estimates in accordance with -Page 3- AUG f 3 1998 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 for the acquired road right-Of-way, sidewalk, utility, drainage, maintenance and temporary construction easements and/or fee simple title. 9. In those instances where negotiated settlements may be obtained via the "Seller's Affidavit", "Purchase Agreementtl or "Easement Agreement" mechanism, the Director of the Office of capital Projects Management, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the p~o-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Fifteen Thousand and 00/100 Dollars ($15,000.00) or the current purchasing limits 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. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreement where the land owner has agreed to sell the reguired land rights to the County at its appraised value or -Page 4- AUG 1 3 1996 at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 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 to 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 reguire, the Board hereby authorizes the Finance Department to issue warrants, payable to the property ownerCs) 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 fee simple title and such other instruments as may be reguired to remove the lien of any encumbrance from the acguired properties. THIS RESOLUTION ADOPTED on this ~ day of ~ motion, sacond and majority vote. , 1996, after OF ,.' .. COMMISSIONERS OF IDA ATTEST: ~~ Chairman (IT A "rO'ved- "as to fOrln and i.. . ai.SlIfrienCy: , rl,-A~ He1 r F. Ashton Assistant County Attorney -Page 5- 1""-"" RESOLUTION 1996-356 EXHIBIT "A" CAN BE FOUND ON MICROFILM IN THE AUGUST 13, 1996 MINUTES CLERK TO BOARD DEPARTMENT MICROFILM PAGES 310-375