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Resolution 2012-220 RESOLUTION NO. 2012- 2 2 0 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 120FEE") 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 120FEE") 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 fords 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 120FEE. 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 120FEE 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 120FEE which parcel is sought to be acquired by the County. Having previously obtained an appraisal of Parcel 120FEE, 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 120FEE, and to provide the fee owner(s) a written offer binding on the County in the amount of One Million One Hundred Four Thousand and 00/100 Dollars ($1,104,000.00), 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 120FEE 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 120FEE 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 23'14 day of 0Q-1-ODei` , 2012, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONE• S DWIGHTF. BRO 'K, CLERK OF COLLIER COUNTY, FLORIDA By: L+ -� am.,_ it� *$ to Cho In,. F`ED W. COYLE, CHAIRMA s J Appro -d ;s to form and leg. suff iency: Jeffre L. Hind' Outside Emine t Domain Counsel On behalf of J ffrey 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 / / �-- �∎i1I`,e\ Q, `�, �.1.4i j / / SCHEDUL II Page of 1 S / TC PROPERTY VENTURE. LLC 0 100 200 OR 4745, PG 2036 1:■ FOLIO NO. 34520002004 GRAPHIC SCALE 1'. . 200' / /s, COMMERCIAL / FREEDOM SQUARE 4 PROPERTIES SW, INC. / PB 22, PG 56 ►� �, OR 3695, PG 411 L=308 79' \ . h FOLIO NO. R=3026.00' ^� 34520001908 A=5'50'49" Q` /CB=N39'35'13"E ?0. G C=308.66' r10 S7 a i' N36'39'48"E POB qv ' s�`P 46.62' N.W. CORNER A) 0°� R° OF TRACT 16 a^`o ��V gyp) EXISTING Rvi .8p, / 120FEE ►°, y 4f# 44, OO , 127.969 SF A ` •O?� N35•42'25"E 10VMar PUN FLORIDA +47 44 `P2; p• Faw 3�00010D6 � � j s� Of(PARCEL 2) , OR 1` 140 rouo s LEGEND & RW - RIGHT—OF—WAY r S / OR =, OFFICIAL RECORDS BOOK tk, PG = BOOK 14 LL-- C.R. - COUNTY ROAD t •Y,9 \ POB - POINT OF BEGINNING �' NO. - NUMBER jg1 R - LENGTH / F CB CHORD BEARING INTERES C - CHORD LEGAL DESCRIPTION — PARCEL 120FEE A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF TRACT 16, AS SHOWN ON THE PLAT OF LELY RESORT, PHASE 1, RECORDED IN PLAT BOOK 16, PAGES 87 THROUGH 99 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE N35'39'04-E FOR 187.89 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3E, AS SHOWN ON THE PLAT OF FREEDOM SQUARE, RECORDED IN PLAT BOOK 22, PAGE 56 OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA; THENCE LEAVING TRACT 3E, S54 22'14"E FOR 307.80 FEET; THENCE N3539.48-E FOR 46.62 FEET TO THE BEGINNING OF A TANGENTIAL CURVE; THENCE 308.79 FEET ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 3026.00 FEET, THROUGH A CENTRAL ANGLE OF 05'50'49", AND WHOSE LONG CHORD BEARS N39•35'13"E FOR A DISTANCE OF 308.66 FEET; THENCE 554'20'51"E FOR 110.32 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 3695. PAGE 411 OF THE PUBUC RECORDS OF COWER COUNTY. FLORIDA; THENCE 535'41'39KW FOR 546.95 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 3F AS SHOWN ON SAID FREEDOM SQUARE PLAT; THENCE N54 32'56-W FOR 239.50 FEET ALONG THE NORTHEASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 4117, PAGE 1702 OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE N3 •42'25-E FOR 5.21 FEET ALONG THE EASTERLY BOUNDARY OF TRACT 16, AS SHOWN ON SAID LELY RESORT, PHASE I PLAT, TO THE NORTHEASTERLY CORNER OF SAID TRACT 16; THENCE N54'20'28 W FOR 200.23 FEET ALONG THE NORTHERLY BOUNDARY OF SAID TRACT 16, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 127.969 SQUARE FEET OR 2.9 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TECM - ROW litil JUL 0 6 2012 Ilifj MICHAEL WARD PROFESSIONAL LAND SURVEYOR LS# 5301 "LOs- TE SIGNED NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL SURVEYOR AND MAPPER. THIS IS NOT A SURVEY. J,.'*P.2012 1:31 Mt 0:\!096\a0O.1.00:00 US$1&CR931 b.tw..ct1e9 rmetomn.ne.Md CR931 RRR\99%PIw,,\r r-Sm.q\Sb1ch Md w.apuon.\7CE-RW Re.0e\310_12OFE60p PROJECT: U.S.41/C.R.951/S.R.951 Rmic. A . SKETCH AND LEGAL DESCRIPTION PARCEL 120FEE: RIGHT-OF-WAY 5810 PAW*/Park ORAL Sults Z00 PREPARED FOR: COLLIER COUNTY GOVERNMENT/BOARD OF COUNTY COMMISSIONERS Phony(xMtl��os o FAX:OM)59778 LB No.:8862 JOB NUMBER REVISION SECTION TOWNSHIP SCALE DATE DRAWN BY FILE NAME SHEET 090081.00.00 2 3 I 51S 26E 11" - 200' I 6/8/12 I R.A.K. I SKD 120FEE I 1 OF 1