Resolution 1992-227
APRIL 14, 1992
RESOLUTION NO. 92-~
A RESOLUTION OF THE BOARD OF COUNTY COHHISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION
OF A DRAINAGE EASEHENT BY GIFT, PURCHASE OR CONDEHNATION,
WHICH IS NECESSARY FOR THE CONSTRUCTION AND HAINTENANCE
OF TRANSPORTATION IHPROVEIiENTS ON IHHOKALEE ROAD
(CR-846) BETWEEN US-41 AND EAST OF AIRPORT ROAD.
.
WHEREAS, the Board of County Commissioners, on November 12,
1991, adopted the Collier County Five and Ten Year Secondary Road
Program for FY 1985/90 through 1994/95 in order to establish
priorities for thA dosign, right-of-way acquiaition and
construction of the various capital improvement projecta which
comprise the Transportation Element of the County's Comprehensive
Plan, and of which Plan the improvements to Immokalee Rosd
(hereinafter referred to as the "Project") are component parts;
and
WHEREAS, alternate locations, environmental factors, long
range planning, cost variables, safety and welfare considerations
have been reviewed as they relate to the implementation of said
transportation improvements, and the drainage improvements related
to the transportation improvements, and it has been recommended by
County engineering staff that the drainage easement described and
identified in Exhibit "A" is the most feasible location to
construct the drainage improvements which are related to the
transportation facilities; and
WHEREAS, the construction of said drainage improvements and
related transportation facilities has been determined by the
Board of County Commissioners of Collier County, Florida, to be
necessary and in the best interest of Collier County; and
WHEREAS, in accordance with the construction plans for the
Project, construction of the transportation improvements and
related facilities shall require the acquisition of the drainage
easement identified in Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board has
considered the environmental factors, safety factors and cost
factors relating to the location of the drainage improvements
and related transportation facilities.
APRIL 14, 1992
AND IT IS FURTHER RESOLVED that the Board has determined that
there are no mobile homes located upon that land described in
Exhibit "A", and that said land is the most economically feasible
location in order to permit the construction and maintenance of
the drainage improvements and related tranpportation facilities.
AND IT IS FURTHER RESOLVED that the Board has determined that
the construction and maintenance of the drainage improvements and
related transportation facilities is necessary and in the best
interest of Collier County.
AND IT IS FURTHER RESOLVED that the construction and
maintenance of the drainage improvements and related
transportation facilities is compatible with the long range
planning goals and objectives of the Growth Hanagement Plan for
Collier County.
AND IT IS FURTHER RESOLVED that it is necessary and in the
best interest of Collier County for the Board to acquire the
drainage easement described in Exhibit "A"; and County
Staff is hereby authorized and directed to acquire by gift,
purchase or condemnation that drainage easement described in
Exhibit "A", attached hereto and incorporated herein, in
accordance with the provisions of Chapters 73, 74 and 127, Florida
Statutes, and County Staff is hereby directed to institute
condemnation proceedings to acquire such drainage easement in
the event that the drainage easement cannot be obtained through
agreement at the County appraiser's estimate of just
compensation due the property owner, and/or it is determined that
condemnation is the only feasible method of obtaining the
.unencumbered interest sought.
ratS ~~iih~~ON ADOPTED after motion, second and majority vote.
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~~~~
Dennis P. Cronin,
Assistant County Attorney
Chairman
. 000 PI"! 39