Resolution 2012-215 RESOLUTION NO. 2012- 215
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 115FEE")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 115FEE") 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 115FEE.
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 115FEE 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 115FEE which parcel is sought to be acquired by the County. Having previously obtained
an appraisal of Parcel 115FEE, 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 property sought to be
-Page 2-
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 115FEE, and to provide the
fee owner(s) a written offer binding on the County in the amount of One Million Nine Hundred
Fifty Thousand and 00/100 Dollars ($1,950,000.00), 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 115FEE 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 115FEE 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.
-Page 3-
AND IT IS FURTHER RESOLVED that this Resolution is effective immediately.
This Resolution, adopted on this 2 3r°'1 day of Dc.fo 6e-r , 2012, after motion,
second and majority vote.
ATT1vS1 BOARD OF COUNTY COMMISSIONE'
DW t HT E. 8 CK, CLER OF COLLIER COUNTY, FLORIDA 1
@'a. '+ By. . A./ :AMA A .
` ust a, wilt/0111 FRED W. COYLE, CHAIRMAN'
if9latir 9R'K, '
Approved as to form and
legs ufficie ':
v
,
Alf ■
Je"rey L. nds
Outside F inent Domain Counsel
On beha ' of Jeffrey A. Klatzkow
Collier ounty Attorney
-Page 4-
Schedule I
(Fee Simple Acquisition)
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 interests and rights:
1. The area of the 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 fee simple acquisition from Owner(s)for road
construction and related purposes, all being associated with the Project. The County
shall acquire a fee simple interest in the property described and depicted on Schedule
II.
Schedule l - Page 1 of 1
N
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w r; ;, E SCHEDULE I
�'�'�ti�z`�F Page 1 0 1
S COMMERCIAL PROPERTIES SW, INC.
0 50 too OR 3695, PG 411
FOLIO NO. 34520001908
GRAPHIC SCALE
1" = 100'
•
LELY RESORT PHASE 1, �, SS
PB 16, PG 87 g
TRACT 16 A OJ 40 `2561
SUNTRUST BANK '\ ,.F
OR 4384, PG 446 ryco O� r'Qq 2`�9
FOLIO NO. 55425004005 A, 44v���. Cr SO•
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POB 4D
S.E. CORNER EXISTING RW
OF TRACT 16 115FEE
64.261 SF I\et
•�, UNPLATTED wj'\' ��
MAR INVESTMENTS, LLC `1'
(PARCEL 2) (PARCEL 1)
ch
OR 4117, •
` OR 4117, PG 1702 •:A) ( a'
PG 1702 '20• OLIO N0. 0072468000
FOLIO NO. 28 co
34520003003 271
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•28•
� 0.41.
444E 6, 576 20 p6"�N LEGEND
4P,� G', ,� RW - RIGHT—OF—WAY
T'44 '9}- PB - PLAT BOOREECORDS BOOK
tb PG - PAGE
Al UE in UTILITY EASEMENT
It) LBE - LANDSCAPE BUFFER EASEMENT
C.R. - COUNT( ROAD
\NPOO - POINT OF BEGINNING
NO. - NUMBER
SR - STATE ROAD
AKA - ALSO KNOWN AS
LEGAL DESCRIPTION - PARCEL 1 1 5FEE FEE SIMPLE
INTEREST
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16. LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 16, PAGE
87, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE N35'42'25"E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16:
THENCE S54'32'56"E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 3695, PAGE 411 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO A POINT ON THE
EASTERLY BOUNDARY OF TRACT 3F, AS SHOWN ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22, PAGE
56 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE S35'41'39"W FOR 237.74 FEET:
THENCE S76'20'06"W FOR 43.41 FEET;
THENCE N54'20•28"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT—OF—WAY LINE OF U.S. 41, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 64,261 SQUARE FEET OR 1.48 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
TECM - ROW
JUN 152012
4IAVL
`!3/L
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 kDATE SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
June 8,2012 1:W PM W:\200•\O900D1.Qao0 use*mast NhrMCfbn knprownenes And CR951 RRR\905 Piano\Ph i-Surwr\Sbld,And Deoerjdlom\TCC—kW AVv OASKILI15FEEthog
FMK PROJECT: U.S.41/C.R.951/S.R.951 __SKETCH AND LEGAL DESCRIPTION
PARCEL 115FEE: RIGHT—OF—WAY B5101551ow Park Drive,Suite Zoo
PREPARED FOR COWER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phone:(299)597-0575 FAX:(239)597-0578
LB No.:8952
JOB NUMBER I REVISION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 1 [SECTION
3 I TO 51S I 26E 1 = 100' I 3/13/12 I R.A.K. I SKD_115FEE 1 1 OF 1