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Resolution 2012-036RESOLUTION NO. 2012- 36 A RESOLUTION AUTHORIZING THE CONDEMNATION OF A ROAD RIGHT -OF -WAY, DRAINAGE, AND UTILITY EASEMENT NECESSARY FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS AT 18TH AVENUE NE AND EVERGLADES BOULEVARD. (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60016.) WHEREAS, the acquisition of right -of -way for the construction of intersection improvements is included in Collier County's Five Year Transportation Work Program (Project No. 60016); and WHEREAS, school buses and larger vehicles making the northbound -to- eastbound right turn at the intersection of 18th Avenue NE and Everglades Boulevard require a larger pavement curve radius than presently exists in order to stay completely within the proper lane all the way through the turning movement; and WHEREAS, plans and specifications have been prepared for improvements to said intersection; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right -of -way at the southeast corner of said intersection; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal description attached hereto as Exhibit "A" and which by reference is made a part hereof; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, 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 intersection improvements at referenced above at 18`h Avenue NE and Everglades Boulevard (hereinafter referred to as "the Project "), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60016), is 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 the proposed easement described in Exhibit "A" 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. AND IT IS FURTHER RESOLVED that the Board has reviewed the technical memorandum discussing competing alternatives for construction of the Project, and the costs associated with the design, property rights acquisition, and construction of the Project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most favorable alternative for construction of the proposed improvements requires the acquisition of the Road Right -of -Way, Drainage and Utility easement described in Exhibit "A ", attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the taking of the perpetual, non - exclusive Road Right -of -Way, Drainage and Utility Easement described in Exhibit "A" will provide County with the right to place and/or excavate materials for the purpose of constructing, operating, and maintaining roadway, bikepath and sidewalk improvements, drainage structures, including but not limited to ditches, swales, earthen berms, rip -rap and retaining wall systems, underground pipes, various types of water control structures and any and all manner of public and private utility facilities. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 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 easement 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 .2#T L4 day of ff FUUAAV , 2012, after motion, second and majority vote. ATTE$TtpD 0�c D GHT E'.� 4i ,CK, CLERK : r r zs 7 p .��l �k Appro iOt' form and legal° fficiency: - nc,74,4 � U C "o Heidi As ton -Cicko Assistant County Attorney Section Chief, Land Use /Transportation BOARD OF COUNTY COMMISSIONERS OF COLLI R qOUNTY, FLORIDA By: �. FRED W. COYLE, ChairmaSil -Page 2- EXHIBIT "A" LEGAL DESCRIPTION (PERPETUAL, NON - EXCLUSIVE ROAD RIGHT -OF -WAY, DRAINAGE AND UTILITY EASEMENT) COMMENCING AT THE NORTHWEST CORNER OF TRACT 2 OF GOLDEN GATE ESTATES UNIT 71 AS RECORDED IN PLAT BOOK 5, PAGE 7 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE RUN 589'40'50 "E ALONG THE NORTH LINE OF SAID TRACT 2 A DISTANCE OF 50.00 FEET; THENCE DEPARTING SAID NORTH LINE, RUN SOO'19'10-W A DISTANCE OF 30.00 FEET TO THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF EVERGLADES BOULEVARD WITH THE SOUTH RIGHT -OF -WAY LINE OF 18TH AVENUE NORTHEAST AND THE POINT OF BEGINNING; THENCE RUN S89'40'50 "E ALONG SAID SOUTH RIGHT -OF -WAY LINE OF 18TH AVENUE NORTHEAST A DISTANCE OF 33.00 FEET; THENCE DEPARTING SAID SOUTH RIGHT -OF -WAY LINE, RUN S45'19'10 "W A DISTANCE OF 46.67 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF EVERGLADES BOULEVARD; THENCE RUN N00'19'10'E ALONG SAID EAST RIGHT -OF -WAY LINE A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING. CONTAINING THEREIN 0.013 ACRES OR 544.50 SQUARE FEET, MORE OR LESS, SURVEYOR'S NOTES: I. THIS IS NOT A SURVEY. 2. THIS DOCUMENT IS CERTIFIED EXCLUSIVELY TO THE ENTITIES LISTED HEREON AND SHALL NOT BE RELIED UPON BY ANY OTHER ENTITY OR ENTITIES WHOMSOEVER. 3. REPRODUCTIONS OF THIS DOCUMENT ARE NOT VAUD UNLESS THEY BEAR THE ORIGINAL SIGNATURE AND RAISED EMBOSSED SEAL OF THE LICENSED LAND SURVEYOR UNDER WHOSE DIRECTION IT WAS PREPARED. 4. BEARINGS SHOWN HEREON ARE BASED ON THE NORTH LINE OF TRACT 2 OF THE PLAT OF GOLDEN GATE ESTATES UNIT 71, RECORDED IN PLAT BOOK 5, PAGE 1 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS BEARING S89'4O'50 -E. CERTWW TO: CORRR COUNTY BOARD OF COUNTY COIOMONERS 8�- ' wt •r r, O r� DEAN R. DAVIQ;, FW PRO!"MIONAL KWAYbR AN41IAPPER FLORIDA CERIIW I1T6"Add DATE 8MA0. 12.O&W O C — BOARD OF COLLIER COUNTY COWW3B10NIIi$ cog u_ty TRANSPORTAaox asRVlcss DRIISION ROAD MADrIZNANCS DQAAilODYT WM scum � own AArLEIL 1L0MMkL etloa (MW) Wo—MM DRD DATE: SCA(F: SKETCH AND DESCRIPTION SHEET DRD 12-02-10 1 " = 100' UERGIADES BLVD. k 18M AYM N.E. ADORIONAL 1 KEH FE R/W FOR QITERSDCIZIN OO'la0YMMM OF RAB 32_ _48 1 28 108 NO 10090 N/A / PARCEL 215 RDUE 1