Resolution 2009-305
RESOLUTION NO. 2009- 305
A RESOLUTION AUTHORIZING CONDEMNATION OF A FEE SIMPLE INTEREST
PARCEL AND A TEMPORARY CONSTRUCTION EASEMENT PARCEL
REQUIRED FOR THE CONSTRUCTION OF REDESIGNED IMPROVEMENTS TO
THE INTERSECTION OF COLLIER AND DAVIS BOULEVARDS. (COLLIER
BOULEVARD PROJECT NO. 60092).
WHEREAS, the acquisition of right-of-way for the construction of six laning and associated
improvements to Collier Boulevard from South of Davis Boulevard to Golden Gate Main Canal
(Collier Boulevard Project No. 60092) (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 construction of the Project; and
WHEREAS, on June 24th, 2008, the Board adopted Resolution No. 2008-199, finding public
purpose and necessity and authorizing the condemnation ofland and easements required for the
construction of the Project; and
WHEREAS, a portion of the Project (hereinafter referred to as "the redesigned intersection
improvements") has since been redesigned, providing improved safety at the intersection of Collier and
Davis Boulevards, and requiring an additional fee simple interest parcel and temporary construction
easement parcel; and
WHEREAS, the location for the construction of the proposed redesigned intersection
improvements has been fixed by survey and is collectively represented by the legal descriptions
comprising Exhibit "A", attached hereto and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of alternatives for the redesigned intersection improvements, various impacts upon
the environment, long range planning options, and public safety considerations, the Board desires to
exercise its right to condemn property for public purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board
that the redesigned improvements to the intersection of Collier and Davis Boulevards ("the redesigned
intersection improvements"), being a portion of Collier Boulevard Project No. 60092 ("the Project"),
are necessary and in the public's best interest in order to protect the health, safety and welfare of the
citizens of Collier County.
AND IT IS FURTHER RESOLVED that the acquisition of land and easements for construction
of the redesigned intersection improvements, as part of the Project, is an integral part of the County's
long range planning effort, and is included in the Transportation Element of the County's
Comprehensive Plan for Growth Management, as approved by the Florida Department of Community
Affairs.
AND IT IS FURTHER RESOLVED that the Board has reviewed the staff reports and
presentations concerning alternative alignments for construction of the redesigned intersection
improvements, and the costs associated with their design, property rights acquisition and construction,
as well as public safety and welfare considerations associated with the design and construction of the
redesigned intersection improvements, and various impacts to the environment; and the Board finds
that after consideration of these issues, the most favorable alignment for construction of the proposed
redesigned intersection improvements is collectively represented by the legal descriptions comprising
Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the redesigned intersection
improvements, it is nccessary for the Board to acquire the fee simple interest parcel and the temporary
construction easement parccl described in Exhibit "A".
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
-Page 2-
AND IT IS FURTHER RESOLVED that the County staff and Office of the County
Attorney are hereby authorized and directed to immediately acquire by gift, purchase or
condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the
fee simple interest parcel and the temporary construction casement parcel more particularly
described in Exhibit "A," attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
sought to be acquired and therefore it will not be necessary to remove any mobile homes from
the property to be acquired.
This Resolution, adopted on this {5T!+ day of DEe l::h i$Ek ,2009, after motion,
second and majority vote.
;,~
ATTEST:
DWIGHt E. BROCK, CLliRK
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BOARD OF C NTY COMMISSIONERS
OF COLLIE1 UNTY, FLORJDA_
By: Id tn?7V-- ~. <'t.~
DONNA FIALA, Chairman
Approved as to form and
legal ufficiency: I
1...-
H idl Ashton-Cicko
Section Chief, Land Use/Transportation
-Page 3-
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SECTION 34
SECTION J
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PARCEL l09FEE2
FEE SIMPLE INTEREST
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N69'44'Ql"W SECTION ~
DAVIS BOULEVA~D----;OQ67'- SECTION 2
POC
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LINE LENGTH BEARING
Ll 410,00 N8 '44' 1"1'1
l2 8.77 N89' 4'01"1'1
U 32.08 N50'16'2J"E
L4 6.04 S1"13'06"1;
L5 22.49 549'26'32"\'/
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EXHIBIT "A"
PARCEL 1 09FEE2
Page 1 of 2
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A portion of Section 34, 'fownship 49 South,
Range 25 East, Collier County, Florida. Also
being 0 portion of those lands described in
Official Records Book 699, page 1723 of the
Public Records of Collier CO\lnty, Florida. Seing
more particularly described os follows:
Commencing at the southeast corner of Section
34, Township 49 South, Range 26 Eost. Callier
County, Florida; thence North 89'44'0'" West
olong the South line of said Section 34, 0
distMce of 100.67 feet; thence North
00'15'59~ East, 0 distance 01 50.00 feet to
the southeast corner of those lands described
in Official RecordS 8001<. 599. poge 1723 of
the Public Records 01 Collier County, Florida,
said point also bein'llhe intersection of the
North right-of-way line of Do~is BOUlevard and
the West right-at-way line of Collier Boulevard;
thence North 89'44'0'" West along the North
righl-of-way line of said Davis Boulevard, 0
distance of 20.00 feet 10 the Point of
Beginning; the-nee continu,ng along soid
right-aI-way line North 89'44'0'~ West 8.77
feet: thence North 50"15'2.3" East. 0 di!!tance
)f 32.08 feet to 0 point on the We!!t
ri'lht-ol-way line of soid Collier Bo....levord;
thence South' 1'13'05" East olong said West
right-ol-way line, 0 distance 01 6.04 leet;
thence leov'ng said right-of-way line South
49'25' 32" West 22.49 feet 10 the POINT OF'
BEGINNING
Canloin'''9 150.0 sQ\lore leet, more or les!!.
NOTES:
1. This is not 0 survey.
2. 80sis of bearing is the East line of
Section .34, Township 495.. Range 26E., Collier
County, F'lorida, being N 00'29'29" W. Florida
State Plane Coordinates NAO 8.3/90, East
Zone.
3 Subject to eosements, reservations and
restrictions of record.
4, Easements shown hereon ore per plot,
unle!!s otherwise noted.
5. Dimensions ore in leet and decimals
thereof.
6. Certificate of authorization LB 4.3.
7. R/W represents Right-of-Way.
8. P.O,B. represents Point of Beginning.
9. P.O.C. represents Point of Commencement.
10. O.R. represe"ts Official Records,
11 L.BE represents Lo"dscope Buffer
Easeme"t.
12. U.E. represMts Utility Easement.
13. F.P.l.E. represents Florida Power & Light
Easement.
14. o.E. represents Droi"og8 Easement.
15. S.E. represents Sidewalk Easement.
16. P.U.E. represent!! Public Utility Easement.
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BRADLEY E. STOCKHAI,.\, P.S.M. (FOR THE FIRM)
FlA lie. NO. 6390
NOT VALID WITHOUi THE SIGNATURE AND THE
ORIGINAL RAISED SE1I1 OF A FLORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey,
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PARCEL I09TCE2
TEMPORARY CONSTRUCTION EASEMENT
DURATION: 3 YEARS FROM DATE OF CONVEYANCE
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PARCEL 109TCE2
SECTION 34
SECTION .)
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GRAPHIC SCALE
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OAV~OU~E~ARD \29.... - SECTION 2
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LINE TABLE
LINE LENGTH BEARING
L 1 7.78 N89'44'Ol"W
L2 40.76 N50"6'2J"E
LJ 5.69 $11"1]'06"[
L4 .32.08 550'15'2 "w
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EXHIBIT "A"
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Page 2 of 2
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PARCEL 109TCE2
A portion of Section .34, Township 49
South, Range 26 East. Collier County,
Florido. Also being 0 portion of those lands
described in Official Records Bool( 699. poge
l723 of the Publ;c Record::! 01 COllier
County, Florida. Being more particularly
described 05 follows:
Comml'lncing ot the SOutheast corner Section
34, Township 49 South, Range 26 East.
COllier County, Florida; thence North
89'44'01" West along the South I<nI} of said
Section 34. 0 distance 01 '29,44 feet;
thence North 00'lS'S9N East, a distance of
50.00 feet \0 0 point on the North
right-at-way line of Oo~is Boulevard said
poil11 also lying 011 the South line ot tho'Se
lands described in Official Records 80o~
699. page , 723 01 the Public Records of
Collier County. Florida, also being the POINT
OF' BEGINNINC; thence North 89'44'01" West
along the North right-of-way line of said
Davis 8oule~ord. a distance of 7,78 feet;
lher'1ce North SO'16'203'' East. 0 distance 01
40.75 leet to 0 point on the West
right-af-way line of Collier Boulevard;
thence South 11'1J'05N East along said
West right-ai-way line, 0 distance of 5.69
feet; thence South 50'16'23" West, 0
distance of 32.08 feel to the POINT OF'
BEGINNING
Containing 182.0 square feet, more or less.
NOTES:
1. This is not 0 survey.
2. Basis of bearing is the Eost line of
Section 34, Township 49S., Range 26E., Collier
County, Florida, being N 00'29'29" W, Florida
State Plane Coordinates NAD 83/90, Eost
Zone.
.,3, Subjecl to eO!;ements, reservations and
restrictions of record,
4. Easements shown hereon ore per plot,
unless otherwise noted.
5. Dimensions ore in feet and decimals
thereof.
6. Certificate of authorization L8 43.
7. R/W represents Right-of-Way.
8. P.Q.8. represents Point of Beginning.
9. P.O.C. represents Point of Commencement.
10. O.R. represents Official Records.
11. L.B,E. represents Landscape Buffer
Easement.
, 2. U.E. represents Utility Easement.
1 o3. F,P,l.E. represents Florida Power & Light
Easement
14. D,E, represents Drainage Easement.
15. S.E. represents Sidewalk Easement.
16, P.U.E. represents Public Utility Easement.
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THE FIRM)
BRADLEY E. TOCKIiAM,
FLA. Lie. NO. 5390
NOT VALID WITHOUT THE SIGNArURE AND THE
ORIGINAL RAISED SEAL OF A F"LORIDA LICENSED
SURVEYOR AND MAPPER
This is NOT a Survey.
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