Resolution 2012-219 RESOLUTION NO. 2012- 21 9
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,
Schedule II, Schedule III and Schedule IV (collectively, "Parcel 119FEE, 119TCE") 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, Schedule II, Schedule III and Schedule IV (collectively,
"Parcel 119FEE, 119TCE") 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 119FEE, 119TCE.
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 119FEE, 119TCE 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 119FEE, 119TCE which parcel is sought to be acquired by the County. Having
previously obtained an appraisal of Parcel 119FEE, 119TCE, which appraisal also includes a
-Page 2-
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 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
119FEE, 119TCE, and to provide the fee owner(s) a written offer binding on the County in the
amount of One Hundred Fifteen Thousand Two Hundred Fifteen and 00/100 Dollars
($115,215.00), 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 119FEE, 119TCE 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 119FEE, 119TCE 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.
-Page 3-
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.
This Resolution, adopted on this2 'rel day of 0 c..+O Qr , 2012, after motion,
second and majority vote.
_ t..,
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ATTST; BOARD OF COUNTY COMMISSIONERS
OW T E. B O , CLERK OF COLLIER COUNTY, FLORIDA
A I >s+ 0[.c By. iLN
• E
F D W. COYLE, CHAIR •
MOW"' h°.to CM tr4
ttpnature
Approved as to form and
lega ' ciency•
v
Jeffrey L. Hi i s
Outside E nent Domain Counsel
On behalf.f Jeffrey A. Klatzkow
Collier County 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 I - Page 1 of 1
N SCHEf? LE II
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POD . POINT OF BEGINNING
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C.R. - COUNTY ROAD
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INTEREST
LEGAL DESCRIPTION — PARCEL 119FEE
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 SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111
OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA, ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED
IN OFFICIAL RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A
POINT ON THE EASTERLY RIGHT—OF—WAY UNE OF C.R. 951;
THENCE N35'42'05"E FOR 148.83 FEET ALONG THE EASTERLY RIGHT—OF—WAY OF C.R. 951;
THENCE S54'17'41"E FOR 28.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 4259, PAGE 4111;
THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S35'42'19"W FOR 148.81 FEET, TO A POINT ON THE SOUTHWESTERLY
BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111;
THENCE N54'20'08"W FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 4259, PAGE 4111, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
CONTAINING 4,241 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
TECM - ROW
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AUG 15 2012
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS, 5301 D TE IGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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PROJECT: U.S.41/C.R.951/8,R.951
SKETCH AND LEGAL DESCRIPTION
PARCEL 119FEE: RIGHT-OF—WAY olio map p.*Onvo Suls200
PREPARED FOR COWER COUNTY GOVERNMENT/BOARD Of COUNTY COMMISSIONERS 'p0'b`a:1 3
Phone:(234►lSS7-0575 FAX:1239)507-0575
LB No.:5562
JOB NUMBER I REVISION SECTION TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 3 1 3 i 51S I 26E I 1" .. 60' I 7/23/12 I !U.K. I SKD_119FEE I 1 OF 1
Schedule III
(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 IV") 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 IV.
2. Schedule IV 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 IV 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 III - 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 III - Page 2 of 2
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SCHEDULE IV
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P09 == POINT OF BEGINNING
NO. • POINT OF COMMENCEMENT N0.. w NUMBER
N. S.R. • STATE ROAD
AKA • ALSO KNOWN AS
LEGAL DESCRIPTION — PARCEL 119TCE
A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST. COWER COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111 OF
THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. ALSO BEING A COMMON CORNER WITH THE PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 4705, PAGE 753 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA, ALSO BEING A POINT ON THE
EASTERLY RIGHT—OF—WAY LINE OF C.R. 951:
THENCE S54'20'08"E FOR 28.49 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS
BOOK 4259, PAGE 4111 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TO THE POINT OF BEGINNING OF THE PARCEL
DESCRIBED HEREIN;
THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY N35'42'19"E FOR 148.81 FEET, TO A POINT ON THE NORTHEASTERLY
BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4259, PAGE 4111;
THENCE 554'17'41"E FOR 16.60 FEET ALONG SAID NORTHEASTERLY BOUNDARY;
THENCE LEAVING SAID NORTHEASTERLY BOUNDARY, S35'38'59'W FOR 53.62 FEET: r.
THENCE N54'21'01"W FOR 5.00 FEET: v
THENCE S35'38'59'W FOR 85.87 FEET;
THENCE N54'21'01`W FOR 10.14 FEET:
THENCE S35'38'59'W FOR 9.32 FEET. TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL DESCRIBED IN OFFICIAL
RECORDS 800K 4259, PAGE 4111;
THENCE N54 20'o8"W FOR 1.61 FEET, ALONG SAID SOUTHWESTERLY BOUNDARY TO THE POINT OF BEGINNING OF' THE PARCEL
HEREIN DESCRIBED.
CONTAINING 1,911 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDTECM ' ROW
ilititittr AUG 15 2612
MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR LS# 5301 15D/I,TE IGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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SKETCH AND .LEGALRDESCRIPTION 1W q,A1n
PARCEL 119TCE: TEMPORARY CONSTRUCTION EASEMENT aeio MOW Park Delve.eft
PREPARED TOR: COWER COUNTY GOV$R(M NI BOARD 0? COUNTY COMMISSIONERS ".gala woo
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JOB NUMBER I REVISION SECTION 1 TOWNSHIP RANGE SCALE DATE DRAWN BY FILE NAME SHEET
090081.00.00 4 i 3 L 51S a 26E 1" • 40' 8/10/12] R.A.K. I SKD_119TCE 1 OF 1