Loading...
Resolution 2012-203 RESOLUTION NO. 2012-2 0 3 A RESOLUTION DIRECTING THE ACQUISITION OF CERTAIN PROPERTY NECESSARY FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116); DIRECTING THE COUNTY MANAGER OR HIS DESIGNEE TO MAKE BINDING OFFERS TO ACQUIRE SAID PROPERTY BY VOLUNTARY TRANSFER; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING A TIMELY AGREEMENT WITH THE LANDOWNER REGARDING THE AMOUNT OF COMPENSATION TO BE PAID FOR THE PROPERTY; SETTING FORTH THE USE, NECESSITY AND DESCRIPTION OF SAID PROPERTY; AUTHORIZING THE OFFICE OF THE COUNTY ATTORNEY OR ITS DESIGNEE AND THE COUNTY MANAGER OR HIS DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY; AND PROVIDING FOR AN EFFECTIVE DATE. 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. 60116); and WHEREAS, plans and specifications have been prepared for roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard; and WHEREAS, construction of the proposed intersection improvements will require the acquisition of additional right-of-way; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is represented in part by the legal descriptions comprising Schedule I and Schedule II (collectively, "Parcel 101 TCE")attached hereto and incorporated herein; and WHEREAS, the County has caused appraisals to be prepared of the property necessary for the aforementioned Project; and WHEREAS, based on the aforementioned appraisals, the County has determined a good faith estimate of value upon which to base a written offer of compensation to the fee owner as to the value of the property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition; and WHEREAS, the Board has appropriated revenue for the aforementioned Project and for the property to be acquired; 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 construction of roadway, drainage and utility improvements to the intersection of US 41 and Collier Boulevard (hereinafter referred to as "the Project"), being part of the Transportation Intersection Safety and Capacity Improvement Program (Project No. 60116), 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 land and easements described in the attached Schedule I and Schedule II (collectively, "Parcel 101 TCE") 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 Economic Opportunity. AND IT IS FURTHER RESOLVED that the Board has reviewed the Right of Way Acquisition Report 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 at-grade improvements addressing the intersection skew and travel lane offset constitute the most favorable alignment and configuration for construction of the proposed improvements, which improvements require the acquisition of Parcel 101 TCE. AND IT IS FURTHER RESOLVED that all property and interests acquired for the Project shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee are hereby authorized and directed to immediately acquire Parcel 101 TCE by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes. AND IT IS FURTHER RESOLVED that the County Manager or his designee is hereby authorized and directed to make pre-suit offers pursuant to section 73.015, Florida Statutes, for Parcel 101 TCE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 101 TCE, which appraisal also includes a good faith estimate upon which to base a written offer of compensation to the fee owner as to the value of the -Page 2- property sought to be acquired and, where less than the entire property is sought to be acquired, any damages to the remainder caused by the acquisition, the Board hereby directs the County Manager or his designee to negotiate in good faith with the fee owner(s) of Parcel 101 TCE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Thousand and 00/100 Dollars($1,000.00), which sum is based on the aforementioned appraisal. The Board further directs the County Manager or his designee to bring back for execution by the Chairman (or in his absence, the Vice Chairman), without further Board action, any agreement to consummate the sale of property sought to be acquired herein at a value consistent with the authority granted by the Board. The writing containing the offer binding on the County shall include a statement that the binding offer shall be valid for at least 30 days after either receipt of the offer or the date the offer is returned as undeliverable by the postal authorities. AND IT IS FURTHER RESOLVED that the County Manager or his designee and the Office of the County Attorney or its designee is hereby authorized and directed to institute a suit in the name of Collier County and fully exercise Collier County's power of eminent domain for the purpose of acquiring Parcel 101 TCE to the extent of the estate or interest set forth as a part of such parcel's description and are further authorized and directed to do all things necessary to prosecute such suit to final judgment by settlement or adjudication, and to also to do all things necessary to defend or prosecute any appeals. In pursuit of such acquisition, the County Manager or his designee and the Office of the County Attorney or its designee is specifically authorized to sign and file a Declaration of Taking so that Collier County may avail itself of the provisions of Chapter 74, Florida Statutes, and is further authorized to accomplish the acquisition of Parcel 101 TCE by settlement and compromise at such terms that it may deem advisable under the circumstances of the litigation in those instances where same can be effected in accordance with the terms, conditions and limitations as established from time to time by the Board of County Commissioners of Collier County. The County Attorney's Office is authorized and directed to utilize and assert any and all constitutional and statutory authority of Collier County and the Board of County Commissioners of Collier County relative to the acquisition of the subject parcels including, but not limited to, the provisions of Chapters 73, 74, and 127, Florida Statutes. 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. AND IT IS FURTHER RESOLVED that this Resolution is effective immediately. -Page 3- This Resolution, adopted on this 23rd day of O c-4 c7 CJ , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS " ', ,"B1�✓IGHT E. BROOK, CLERK OF COLLIER COUNTY, FLORIDA• By: Mt.st, as to Chalra p. FRED W. COYLE, CHAI A "1 1Lrvr't oa•x. Approved as to form and legal sufficiency: CO /Jeffrey L. Hi .s Outside Em' ent Domain Counsel On behalf'f Jeffrey A. Klatzkow Collier Co:nty Attorney -Page 4- Schedule I (Temporary Construction Easement) TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO THE INTERSECTION OF US 41 AND COLLIER BOULEVARD (TRANSPORTATION INTERSECTION SAFETY AND CAPACITY IMPROVEMENT PROGRAM PROJECT NO. 60116) The following summarizes the interests and rights Collier County (hereinafter "the County") shall acquire from the property owners/interest holders (hereinafter "Owner(s)") of certain real property and described in the legal description and sketch ("Schedule II") and the obligations the County has agreed to comply with in connection with such easement interests and rights: 1. The area of the easement interests and rights to be acquired by the County are described and depicted herein and on Schedule II. 2. Schedule II describes and depicts a Temporary Construction Easement ("TCE") area as follows: a. The County shall have the temporary right and privilege to enter upon the lands described in Schedule II as a temporary construction easement area for the purpose of (1) constructing 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 within the public right-of-way; (2) constructing or modifying driveways, walls, and other structures affected by the roadway construction but which are not within the public right-of- way; (3) storage and marshalling of equipment and materials during the roadway construction project, and (4) demolishing or clearing any structures, improvements or other features required to be removed in order to construct the improvements contemplated by the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116, with full authority to enter upon, grade, regrade, excavate or otherwise construct such improvements as are necessary for the construction of the Project, any improvements depicted in Schedule II, and for restoring the temporary construction easement area. b. All the TCE rights and privileges granted herein shall commence on the day the easement rights are vested in the County through agreement, court order, or operation of law and end three (3) years after that date. c. Throughout the duration, the County has the right and authority to remove and dispose of dirt, rocks and vegetation within the temporary construction easement area. To the extent damage or loss results from use of the TCE by the County, its agents or contractors, County shall compensate Owner(s) for any damage or loss remaining at the end of the of term of this TCE. 3. Owner(s), their heirs, successors and assigns may continue to use the TCE area for any lawful purposes that do not directly interfere with the County's acquired rights; provided, however, that Owner(s), their heirs, successors and assigns shall not Schedule I - Page 1 of 2 construct nor permit to be constructed any building, structure, excavation or other improvement or obstruction, on, over, under, above, across, within or through the TCE area (for as long as it shall exist) which may interfere with the County's construction of the improvements as depicted in the Contract Plans for Intersection Capacity Improvements for Collier County Project No. 60116 or which would otherwise directly interfere with the exercise by the County of its acquired easement rights, including ingress to and egress from the TCE area (for as long as it shall exist). Schedule I - Page 2 of 2 N 'ill,t e \ fir► i !.e TRACT ~M-1" SCHEDULE II ., s_.-,�nl E o.,4; / CRYSTAL LAKE TERRACES Page 1 of 1 -. AT EAGLE CREEK g S PB16, PG 30 0 20 40 EAGLE CREEK 1:=Wrr____y CONDOMINIUM NO. 5 GRAPHIC SCALE DECLARATION OR 1505 1 r = 40' PG 1828 f UNPLATTED EAGLE CREEK COMMUNITY EXISTING RW ASSOCIATION, INC. OR 3978, PG 6 FOLIO NO. 30180160005 POC g Lo e rn r■` ∎ (O CID o S87'31'42"E S02'28'18"W 25.00' 8.23' UNPLATTED R % POB TRACT "R" (EAGLE CREEK DRIVE) EAGLE CREEK COMMUNITY r; ASSOCIATION, INC. NO2'28'18"E o OR 3978, PG 6 50.00' o __ FOLIO NO. 30185040007 to 101 TC E / O RW - RIGHT-OF-WAY 1,250 SF OR = OFFICIAL RECORDS BOOK PB = PLAT BOOK PG = PAGE N87'31'42"W POB = POINT OF BEGINNING 25.00' POC - POINT OF COMMENCEMENT NO. = NUMBER S.R. = STATE ROAD AKA = ALSO KNOWN AS LEGAL DESCRIPTION - PARCEL 101TCE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST RIGHT—OF—WAY LINE OF S.R. 951, ALSO BEING THE SOUTHEAST CORNER OF TRACT "M-1"; CRYSTAL LAKE TERRACES AT EAGLE CREEK, AS RECORDED IN PLAT BOOK 16, PAGE 30 OF THE PUT3LIC RECORDS OF COLLIER COUNTY, FLORIDA; i THENCE ALONG ALONG THE WESTERLY RIGHT—OF—WAY LINE OF S.R. 951. THE FjkLb1V11dG THREE (3) DESCRIBED COURSES: 1) THENCE SO4'56'15"W FOR 87.11 FEET; a + 2) THENCE S02'28'18"W FOR 8.23 FEET, TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; 3) THENCE CONTINUE S02'28'18"W FOR 50.00 FEET; THENCE LEAVING SAID WESTERLY RIGHT—OF—WAY LINE OF S.R. 951, N8731'42"W FOR 25.00 FEET; THENCE NO2'28'18"E FOR 50.00 FEET; THENCE S8731'42"E FOR 25.00 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 1,250 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TEMPORARY TFCM - ROW CONSTRUCTION EASEMENT JUN 1 5 2012 DURATION 3 YEARS. 61/3//2- MIC EL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 DAT SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. Juno B.2012 a:42 AY M:\200D\0D00e1.00.00 US41 • CR1151 lnbrseetbn rnowerM,=L And C1951 ARN\DOX Pens\N, l—Su.n \Sksten And �rlptions\ICf—MM Rev 019\90D_IOITCE.dp PROJECT: U.S.41/C.R.951/S.R.951 SKETCH AND LEGAL DESCRIPTION allilindig ViirHog9u PARCEL 101TCE: TEMPORARY CONSTRUCTION EASEMENT e°9pO� 8610 Willow Park Drhro,Suite 200 PREPARED FOR: COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMM Naples.Florida 34109 Phone:(239)597-0575 FAX:(2391597-0579 Le No,:5952 JOB NUMBER REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 51S 26E 1" = 40' 6 8 12 R.A.K. SKD_101TCE 1 OF 1