Resolution 2008-387
RESOLUTION NO. 2008-387
A RESOLUTION SUPERSEDING RESOLUTION NO. 2006-142 AND AUTHORIZING
THE ACQUISITION BY GIFT OR PURCHASE OF LAND AND EASEMENTS
NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION AND EXTENSION
OF V ANDERBlLT BEACH ROAD FROM COLLIER BOULEVARD TO EAST OF
WILSON BOULEVARD (PROJECT NO. 60168).
WHEREAS, the acquisition of right-of-way for the expansion and extension of Vanderbilt
Beach Road from Collier Boulevard to east of Wilson Boulevard (Project No. 60168) (hereinafter
referred to as "the Project"), is included in Collier County's Five Year Transportation Work
Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project;
and
WHEREAS, on June 6, 2006 the Board adopted Resolution No. 2006-142 authorizing the
acquisition of land and easements necessary for the expansion of Vanderbilt Beach Road from
Collier Boulevard to Wilson Boulevard; and
WHEREAS, the Board desires to extend the limits of acquisition to include that segment of
the project from Wilson Boulevard east to the Corkscrew Canal, so that the delegation of
purchasing and settlement authority contained herein shall extend to the property required for a
storm water retention and treatment pond located between Wilson Boulevard and the Corkscrew
Canal, and also to revise the "Administrative Settlement" provisions of the existing resolution; and
WHEREAS, the expansion and extension of Vanderbilt Beach Road from two lanes to four
lanes (and ultimately six lanes) from Collier Boulevard to east of Wilson Boulevard, as depicted in
Exhibit "A" attached hereto and incorporated herein, is 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 County's Growth Management Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the expansion and extension of Vanderbilt Beach Road from
Collier Boulevard to east of Wilson Boulevard, Project No. 60168 is necessary and in the public's
best interest in order to protect the health, safety and welfare ofthe citizens of Collier County.
2. The acquisition of land and easements for construction of the Project is an integral part of
the County's long range planning effort, and is included in the Capital Improvement Element of the
Collier County Growth Management Plan, as approved by the Florida Department of Community
Affairs.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of land and easements necessary for the construction of roadway, drainage and utility
improvements within the Project corridor identified on Exhibit "A" (attached hereto and by
reference made a part hereof), and the County Manager or his designee is hereby authorized and
directed to acquire said land and easements by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to use either independent
appraisal reports, "in-house" appraisals, or the Collier County Property Appraiser's "Just Value" of
the land (per acre) as the basis for making purchase otTers to property owners.
5. In view of the differences of opinions between real estate appraisers regarding full
compensation to property owners, and in view of the cost of condemnation, the Board hereby
authorizes the County Manager or his designee to approve purchases of land and easements where
the property owner has agreed to sell to the County at, or up to twenty five percent (25%) above the
County's estimate of full compensation to the property owner, with the maximum approval
authority not to exceed $50,000 over the County's appraiser's estimate of full compensation. Each
and every proposed settlement over one hundred and twenty-five percent (125%) of, or over
$50,000 above, the County's estimate of full compensation (whichever is less) shall require separate
Board approval. Such purchase approvals are hereinafter referred to as "Administrative
Settlements."
6. The Board hereby authorizes the County Manager or his designee to approve and to execute
Closing Statements on behalf of the County.
7. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of the
Project, upon the approval of the Office of the County Attorney as to form and legal sufficiency, to
execute easement agreements, purchase agreements, utility subordination and relocation agreements
and/or other documents approved by the Office of the County Attorney to close real estate
transactions, where the property owner has agreed to sell to the County at appraised value, or within
the Administrative Settlement provisions of Paragraph 5 (above).
8. Said Administrative Settlement authority is delegated by the Board to the extent that such
delegation does not conflict with the provisions of Section 125.355, Florida Statutes.
9. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire
transfers, payable to the property owner(s) of record, to title companies and attorneys closing real
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estate transactions, and to others who may possess an equitable interest in the subject real property
parcels in those amounts as shall be specified on a Closing Statement.
10. All title to real property which has been acquired 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, deeds, easements, or other
instruments as may be required to remove, release or subordinate the lien of any encumbrance, in
order to effect constructive notice of the County's interest in real property..
11. Resolution No. 2006-142 is hereby repealed in its entirety.
This Resolution, adopted on this 10 day of _J)pc.e.m ber
, 2008, after motion,
second and majority vote.
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BOARD OF COUNTY COMMISSIONERS
OF COLL R CO TY, FLORIDA
IRMAN
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Approved as to form and
legal sufficiency:
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Jennifer A. Belpedio
Assistant County Atto
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