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Resolution 2009-118 RESOLUTION NO. 2009- 118 A RESOLUTION AUTHORIZING THE PURCHASE OF LAND NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS ON IMMOKALEE ROAD TO SUPPORT THE INTERCHANGE AT 1-75. (PROJECT NO. 60171) WHEREAS, the land acquisition needed for the improvements on Immokalee Road that tie into the reconstruction and expansion of the 1-75 interchange at Immokalee Road (Project No. 60171) (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, the Project 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 improvements to Immokalee road that support the reconstruction and expansion of the 1-75 interchange at Immokalee Road, Project No. 60171, is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. 2. The acquisition of land 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 fee simple interest in the land as more fully described on Exhibit "A" (attached hereto and by reference made a part hereof), necessary for the construction of roadway, drainage and utility improvements, and the County Manager or his designee is hereby authorized and directed to purchase said land. 4. The Board hereby directs the County Manager or his designee to use either an independent appraisal report or an "in-house" appraisal as the basis for making a purchase offer to the property owner. 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 the purchase of said land where the property owner has agreed to sell to the County at, or up to twenty five percent (25%) above Collier County's appraiser'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, and to approve and to execute Closing Statements on behalf of the County. Such purchase approval is hereinafter referred to as "Administrative Settlement." A proposed settlement over one hundred and twenty-five percent (125%) of, or over $50,000 above, the County's appraiser's estimate of full compensation (whichever is less) shall require separate Board approval. 6. 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 an easement agreement, a pLlfchase agreement, utility subordination and relocation agreements, and/or other documents approved by the Office of the County Attorney to close the real estate transaction, where the property owner has agreed to sell to the County at appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above). 7. 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. 8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make wire transfers, payable to the property owner of record, to title companies and attorneys closing real estate transactions, and to others who may possess an equitable interest in the subject real property parcel in those amounts as shall be specified on a Closing Statement. 9. All title to the 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 correct any scrivener's error(s) in Exhibit "A" and record in the Public Records of Collier County, Florida, a deed, an easement, 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. -Page 2- This Resolution, adopted on this 11 T{t day of k4-Y , 2009, after motion, second and glajprity vote; ~\ ' ',' . : };, j , , A TTES'T: DWIGHT E"BROCK,_CLERK ~/. : BOARD O~UNTY COMMISSIONERS OF COLLI OUNTY, ~D~ Bv' ~ ~ , ' DONNA FIALA, CHAIRMAN Approved as to form and ~r~ Assistant County Attorney -Page 3- COLLIER COUNTY PARCEL SKETCH C.R. 846 (IMMOKALEE ROAD) EXHIBIT A Page ( of 2 PARCEL R/W TAKE A ~arcel of land In SectIon 30, TownshIp 48 South, Range 26 East, beIng a ~art of Lot I, Brentwood Two as recorded In Plat Book 47, Page 90, Col I ler County, FlorIda, beIng further descrIbed as fol lows: Commence at the northeast corner of saId SectIon 30; thence South 020 36' 22H East, along the East LIne of saId SectIon 30, a dIstance of 49.97 feet to StatIon 46+66.37, Base LIne Survey, C.R. 846 (Immokalee Road); thence South 890 34' 24H West, along saId Base LIne Survey, a dIstance of 268.36 feet to StatIon 43+98.01; thence departIng saId Base LIne Survey South 020 36' 22H East a dIstance of 72.31 feet to the Northwest corner of saId Lot I and the POINT OF BEGINNING: thence South 880 53' 28H East, along the north lIne of saId Lot I, a dIstance of 130.32 feet to the begInnIng of a tangent curve concave Southerly and havIng a radIus of 47.00 feet, a central angle of 860 17' 06H, a chord bearIng of South 450 44' 55H East and a chord dIstance of 64.28 feet; thence Southeasterly along the arc of saId curve 70.78 feet to the end of saId curve; thence South 020 36' 22H East a dIstance of 1.06 feet; thence North 540 54' 32H West a dIstance of 53.69 feet; thence North 880 53' 28H West a dIstance of 131.80 feet; thence North 020 36' 22H West a dIstance of 15.03 feet to the POINT OF BEGINNING; ContaIning 2,847 square feet, more or less. NOTES: I. THE BEARINGS AND DISTANCES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, WEST ZONE, 1983 NORTH AMERICAN DATUM, 1990 ADJUSTMENT, AS ESTABLISHED FROM G.P.S. PRIMARY NETWORK CONTROL POINTS 175 81 "A" SERIES A07-AIO, AND 17590 "A" SERIES A04-AIO, DERIVING A BEARING OF N 89034'24" E ALONG THE SURVEY BASE LINE OF C.R. 846 (IMMOKALEE ROAD BETWEEN STATION 30+00.00 AND STATION 47+00.00. 2. THIS CERTIFICATION VALIDATES SHEETS I THROUGH 2. ANY ONE (I) SHEET IS TO BE CONSIDERED INCOMPLETE WITHOUT ALL OTHERS. i 3. ATTENTION IS DIRECTED TO THE FACT THAT THESE SKETCHES MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION. CERTIFICA TION: THIS SKETCH IS A GRAPHIC ILLUSTRATION FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPRESENT A FIELD SURVEY. lECM - ROW APR 2 2 2009 , ,'" f:::::;:: QUAIL if: UGH :; :{:J::f::7::;::;Z::;i 18 t::::::::DELIMlT: D AREA Wf:~:f~m Y' 24::::m 1~, ,:::,:::I~~ . . "AF:t~Wt /" ~~1 i@ 30 -, :i..:F::j M , J '#Jt::l [~-3~ 36 :"tj 31 ~, \.qf ::oil @ ~ 20 21 : "" r ~ ---128 : : ~ ! \ 32 F3 \ : NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A LICENSED FLORIDA SURVEYOR AND MAPPER ~L-/"- ~O/O1 ~ L. POTTER PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NUMBER 5688 L SITE LOCATION MAP (NOT TO SCALE I COLLIER COUNTY TRANSPORTATION SERVICES DIVISION PARCEL SKETCH - NOT A SURVEY COUNTY ROAD NO. 846 ( I MMOKALEE ROAD) COLLI ER COUNTY BY OATE PREPARED BY. , OA TA SOURCE I AIM ENGINEERING a SURVEYING, INC. DRAWN L. W.C. 04/10/09 I SHEET REVISION BY OATE CHECKED R.L.P. 04/13/09 F. P. 10. N/A SECT! ON N/A I OF 2 ~ t N~ NU , , (.Crt") n.. rt")0 . o LO W N- n.. 0 :::J - Z n.. ~ u , 0 LO CYl 0 rt") TRACT "B" \ 1 6. . 890 59' 22" (RT) 1 1 L . 64.40' ( C ) (P l 1 ! R . 4 I .00' ( C ) ( P ) \ } C.O. . 57'98'(C)(Pl)<1 C.8. . S 42023' 19" W .\' / \ // \ ------,-- ------P-:U.-E-:- ~"L-: B.E~-a- s. E. (P) \ \ S 870 23' 00" W \ \ I 143.90' (C)(Pl TRACT "B" \: 40' WI DE \ \ L:. E. a c. U. E. ( P ) ACCESS a UTI L lTY EASEMENT \ ~ O. R. 302 I, PG. 2231 -I _ _ _ _ _\_ ____________O.R. 3021, PG. 2236 \ ------- O.R. 3021. PG. 2240 O.R. 3021, PG. 2244 A. E. C.B. C.D. C. R. C. U. E. D.E. r. E. L L.B.E. O.R. P.B. P.C. PG. PGS. REVISION 50 I . POINT OF TANGENCY Scale: . PUBLIC UTILTITY EASEMENT . RADIUS . RIGHT OF WAY . RIGHT . RIGHT OF WAY . SIDEWALK EASEMENT PanA 1 . STAT! ON ~~, . DELTA . CACULATED . PLAT . PROPERTY LINE 1 02036' 22"E1 1 .06' (C) II 1\ I / \ I P.T."....-------1/ ~ ' I 1 w I f- I I Z Nn.. n.. 1 ~ I N::: I w- I 0 \f) rt") I ,u 0:: I <(CYl I ~:- ;;~ I w . I -!_ 13=0 I 0 - :::J' I ,n.. I ~ 0 ~;t I 0:: . I N I oll) 1 \f) - >-f- I <( cD I <(u I 0- I \ en~ I OC . 1>>1 Zf- I uO: j I ~ I:; 0 j 1 0:: I en 1 7.00' P. U. E. _I 1 ::: \:::J ~ 1 n.. L.B.E. a S.E.(Pl j 1 I I I I BRENTWOOD TWO I \ P .B. 47, PG. 90 LEGEND o I . ACCESS EASEMENT . CHORD BEARING . CHORD DISTANCE . COUNTY ROAD . COUNTY UTILITY EASEMENT . DRAINAGE EASEMENT . IRRIGATION EASEMENT . LENGTH . LANDSCAPE BUFFER EASEMENT . OFFICIAL RECORD BOOK . PLAT BOOK . POINT OF CURVATURE . PAGE . PAGES POINT OF BEGINNING NW CORNER LOT 1 44 P.T. P.U.E. R R.O. W. RT. R/W S. E. STA. 6. C P It 45 POINT OF COMMENCMENT NE CORNER SECTION 30 46 N 89034'24" E BASE LINE SURVEY C.R. 846 (IMMOKALEE ROAD) S 89034' 24" 268.36'(C) N~ NU , cD - rt")n ACCESS a UTILITY EASEMENT O.R. 3021, PG. 2231 O.R. 3021, PG. 2236 O. R. 3021. PG. 2240 O.R. 3021. PG. 2244 -----------------, ----rt; S 880 53' 28" E: P.C. Lol:j.lj1tC1t- 130.32' (C)( P) I - -=:..- - - - - - - - - - -= ~" -----~~~I~~:~______, 6. . 860 17' 06" (RT 1 L . 70.78'(C)(Pl R . 47.00'(C)(P) C.D. . 64.28'(C)(P) C.B. . S 450 44' 55" E N 880 53' 28" W 131 .80' ( C) N 540 54' 32" 53.69'(C) LOT / 7.50' C.U.E.(Pl O.R. 4071, PG. 3354 3= N N cD n o N o S 020 36' 22" E 18.82'(C)(P) Z 25 j 100 I 1"-50' /50 I EXHIBIT A - of '1. - 19 20 29 r- n r- cD 47 CYl lD + cD '<I' I I I I I I I I I I \f) ----1'----- I w N N cD n o N o \f) f- U W \f) W Z -! f- \f) <( w rn I I \ I r- I N '~I ,wn.. f-r- .-1 zO.......~1 W r- . I ~ N 'w W ..\ \f) . W :::J I <(\f)" W 0 oul n.. I :;;: . : cO I 3='<1'3= .1 oll) 'WI <( cD 0 . ON .:::JI 0:: 0::. 1 . - n.. 1 0: 1 o I I 1 COLLIER COUNTY TRANSPORTATION SERVICES DIVISION PARCEL SKETCH NOT A SURVEY COUNTY ROAD NO. 846 (IMMOKALEE ROAD) COLLIER COUNTY BY OATE PREPARED BY, AIM ENGINEERING a SURVEYING, INC. DATA SOURCE. DRAWN loW.c. 0<1/10/09 BY CHECKED R.L.P. 0<1/13/09 F .P. rD. N/A DATE SECTION N/A SHEET 2 OF 2