Resolution 1995-568
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RESOLUTION NO. 9S-~
A RESOLUTION AUTHORIZInG THE ACQUISITION OF NON-EXCLUSIVE,
PERPETUAL ROAD RIGHT-Or-WAY, DRAINAGE, UTILITY ANU r1AINTEN-
ANCE EASEMENTS, SLO?E EASEMENTS AND SIDEWALK EASEMENTS FOR
THE CONSTRUCTION OF THE FOUR-LANING ROAD\-lAY IMPROVErJIENTS FOR
C.R. 864 (RATT.~ESNA:<E-HAMMOCK) FROM u.s. 41 TO POLLY AVENUE.
WHEREAS, the B,ard ~f County Commissioners, on September 27, 1994
adopted Ordinance No. 94-54 therein establishing the 1994 (Sixth
Annual) Capital Imp~ovement Element of the Gro~th Management Plan in
order to establish ~rioritiGs for t ,e design, acquisitlon and
construction of the various capital improvement projec:s which comprise
the Transportation Element of the Clunty's Comprehensi/e Plan; and
WHEREAS, the four-laning roadw ~y improvements to ~.R. 864
~attlesnake-Hammock Road) from U.S. 41 to Polly Avenue are component
r arts of the Transportation Element of the County's Comprehensive Plan;
nd
WHEREAS, the Board of County C )mmissioners on NO\/i;!mber 22, 1994,
,dopted Resolution No. S4-810 authc '~izing the County S '..:aff to acquire
by gift or purchase ~ertain easemer~s and fee simple title to the
property and property irterests required and necessary for the
. our-laning roadway improvements of C.R. 864 (Rattlesr.tke-Hammock Road)
~rom U.S. 41 to Polly Avenue; and
WHEREAS, the B03rd of County I >mmissioners, on Ar :-il 25, 1995,
approved the estimated acquisition ,~osts of certain ea3ements or fee
si~ple title to property and propel:y interests required for the
fr]ur-laning improvements to C.R. 864 (Rattlesnake-Hamrr.)ck Road) from
U.S. 41 to Polly AVf,nue; and
WHEREAS, the Ccunty Staff has evaluated alternative locations,
eviewed the environmental factors, considered the cos': variables, and
i nalyzed the safety ~nd wel fare con<.iderations as they relate to the
construction of the four-laning roadway improvements f()r C.R. 864
(Rattlesnake-Hammock Road) from U.S. 41 to Polly Avenue; and
WHEREAS, the County Staff has recommended that it is necessary and
in the best interest of Collier County, Florida, to acquire certain
non-exclusive, perpetual road right-of-way, drainage, utility and
maintenance easements, slope easements and sidewalk easements which are
required and necess~ry for the construction of the four-laning roadway
improvements for C.R. 864 (RaLtlesnake-Hammock Road) from U.S. 41 to
Polly Avenue; and
WHEREAS, the c~nstruction of the four-laning roadi/ay improvements
for C.R. 864 (Ratti !snake-Harn~ock Rlad) from U.S. 41 t~ Polly Avenue is
r,ecessary in order to protect the h !alth, safety and w !lfare of the
citizens of Collier County and is i I the best interest of Collier
County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COI.iNTY COMMIS-
~ lONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the
loard that the construction of the four-laning roadway improvements for
-..R. 864 (Rattlesnake-Hammock Road) from U.S. 41 to Polly Avenue
.lereinafter referred to as lithe Pr ,ject") is necessar'/ for a pUblic
~,urpose and is in the best interest of Coll ier County.
AND IT IS nlRTHER RESOLVED that the Board has reviewed the Staff
analysis regarding alternative locations, environmenta' factors, cost
',~riables, safety and wel~are considerations as they r~late to the
(:mstruction of the Project and f in, Is that the most fe -"sible location
lor the certain non-~xclusive, perr tual road right-of"way, drainage,
l tility and maintenance easements, lope easements and sidewalk
easements are described in Exh ibi t 'IA" attached hereto"
AND IT IS FURTH~R RESOLVED that the construction "f the Project is
part of the County'~ long range pla", that is included ln the Trans-
'ortation Element of the County's C"mprehensive Plan.
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[iOn PAr,[ 31
AND IT IS FURTHER RESOLVED that to implement said construction of
the Project it is a~propriate dnd necessary for the Board to acquire a
certain non-exclusive, perpetual road right-of-way, drainage, utility
and maintenance easements, slope easements and sidewalk easements
described in the attached Exhibit "A", attached hereto and incorporated
t.erein, which are r!cessary for the construction of th. four-Ianing
:\"oadway improvements for the C" R. c ';4 (Rattlesnake-HaITI nock Road) from
U.S. 41 to Polly Avenue.
AND IT IS FURTHER RESOLVED that the County staff LS hereby
,uthorized to immediately acquire b, gift, purchase or condemnation in
.ccordance with the provisions of Chapters 73, 74 and 127, Florida
'tatutes, the certain non-exclusive, perpetual road r:9ht-of-way,
rainage, utility a~d maintenance f \sements, slope eaF~ments and
Idewalk easements being more parti :ularly described In Exhibit "A",
Ittached hereto and incorporated hE :ein.
AND IT IS FURT}ER RESOLVED that no mobile homes are located on the
nroperty sought to be acquired and therefore it will r?t be necessary
,0 remove any mobile homes from the property to be acc,.lired.
This Resolution adopted after notion, second and najority vote.
JATED: '
';~'4~1(
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OF
,
ATTEST:
C,'.HGHT E" BROCK ,'. CLERK
~t::~;.,#,~,tU '
. ,~p' OVed .as to' t~rm and
1 egal..suffici~ncy:
OAV~
Assista unty Attorney
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