Resolution 1995-570
Ul, I - j ~~:>>
RESOLUTION NO. 95--520
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND IN FEE
SIMPLE FOR THE ROAD RIGHT-OF-WAY REQUIREMENTS FOR THE
CONSTRUCTION (F THE ROADWAY FOUR-LANING IMPROVEMENTS FOR C.R.
864 (RATTLESNJ..KE-HAMMOCK ROAD) FROM U.S. 41 TO POLLY AVENUE.
WHEREAS, the Board of County commissioners, on September 27, 1994,
adopted Ordinance 1.0. 94-54 therein establishing the ] 994 (Sixth
Annual) Capital Improvement Element of the Growth Mancgement Plan in
'.)rder to establish priorities for 1 he design, acquisit ion and
construction of thp. various capitaJ improvement projec.ts which comprise
:he Transportation Element of the County's Comprehensive Plan; and
WHEREAS, the four-Ianing improvements to C.R. 864 (Rattlesnake
Iammock Road) from U. S. 41 to Polly Avenue are compont'!nt parts of the
"ransportation Element of the Coun~~{'s Comprehensive llan; and
WHEREAS, the Board of County (' :>mmissioners, on N(wember 22, 1994,
adopted Resolution llo. 94-810 auth( dzing the county Staff to acquire
by gift or purchase certain easements or fee simple title to the
-,roperty and property interests required and necessa~ for the four-
.Laning roadway improvements of C.R. 864 (Rattlesnake-}-';lmmock Road) from
ri.S. 41 to Polly Avenue; and
WHEREAS, the B(',ard of County I :>mmissioners, on AIdl 25, 1995,
dpproved the estimated acquisition ;osts of certain ea3ements or fee
simple title to property and property interests requir~d for the
four-laning improveJents to C.R. 864 (Rattlesnake-Hamn)ck Road) from
U.S. 41 to Polly AVI'nue; and
WHEREAS, the County Staff has evaluated alternative locations,
'eviewed the environmental factors, considered the cost variables, and,
analyzed the safety and welfare considerations as they relate to the
construction of the four-laning roadway improvements fi)r C.R. 864
'Rattlesnake-Hammoc Road) from U.s. 41 to Polly Avenue; and
-Page 1-
WHEREAS, the County Staff has recommended that it is necessary and
in the best interest of Collier County, Florida, to acquire all road
right-of-way lands which are required and necessary for the
construction of the four-laning roadway improvements for C.R. 864
(Rattlesnake-Hammo~k Road) from u.S. 41 to Polly Avenue; and
WHEREAS, the (onstruction of the four-laning roadway improvements
for C.R. 864 (Ratt)esnake-Hammock Road) from u.s. 41 to Polly Avenue is
necessary in order to protect the health, safety and welfare of the
citizens of Collier County and is jn the best interest of Collier
County.
NOW, THEREFORJ:~, BE IT RESOLVElI BY THE BOARD OF C(I(JNTY COMMIS-
~IONERS OF COLLIER COUNTY, FLORIDA, that it has been c~termined by the
'~oard that the construction of the four-laning roadway improvements
~or C.R. 864 (Rattlesnake-Hammock Road) from u.s. 41 ~o Polly Avenue
(hereinafter referred to as "the Project") is necessal'Y for a public
,)urpose and is in the best interes~. 3 of Collier County.
AND IT IS FURTHER RESOINED th" t: the Board reviewE;d the Staff
analysis regarding fil ternati ve loci, tions, environmental factors, cost
variables, safety and welfare considerations as they relate to the
',;onstruction of the Project and finds that the most f("lsible location
for the road right-of-way areas are those lands described in Exhibit
"A" attached hereto.
AND IT IS FURTHER RESOLVED th.1: the construction .,f the Project is
part of the County's long range plan that is included in the Transport-
ation Element of the County's Comprehensive Plan;
AND IT IS FUR~iER RESOLVED that to implement said construction of
the Project it is a~propriate and T'ecessary for the Board to acquire
:ee simple title in the land identified as Project Pa~~el No. 101,
] roject Parcel No. 11)2, Project Par'Gel No. 103, projec.: Parcel No.
125A and Project Parcel No. 125B being more particularly described in
-Pa~e 2-
('t~il." ()~
OCT - 3 1995
Exhibit "A", attached hereto and incorporated herein, which is
necessary for the construction of the four-laning roadway improvements
for C.R. 864 (Rattlesnake-Hammock Road) from u.s. 41 to Polly Avenue.
AND IT IS FURTHER RESOLVED that the County staff is hereby
authorized to immediately acquire by gift, purchase or condemnation in
accordance with the provisions of Chapters 73, 74 and 127, Florida
statutes, the fee simple title to the property identif\ed as Project
Parcel No. 101, Project Parcel No. '.02, Project Parcel No. 103, Project
Parcel No. 125A and Project Parcel 'roo 125B, being mor! particularly
described in Exhibit "A", attached nereto and incorporlted herein.
AND IT IS FUR'l'HER RESOLVED that no mobile homes a,:e located on the
)roperty sought to be acquired and therefore it will not be necessary
'.0 remove any mobile homes from the property to be ac~uired.
This Resolution adopted after lotion, second and majority vote.
JATED: ,,/d.-4'~
" I
"",' "
BOARD OF COU TY
COLLIE COUN Y,
ATTES'l' :
DWfGHT E. BROCK, CLERK
.r~~~o/?)CL
.'\pp:r:oved as to form and
,\ egal sufficiency:
~.
Assistant County Attorney