PARCEL 111 AND Ill TCE RESOLUTION NO

Transcription

1 PARCEL 111 AND Ill TCE RESOLUTION BY THE CITY OF BONITA SPRINGS, FLORIDA RESOLUTION NO RESOLUTION BY THE CITY OF BONITA SPRINGS, FLORIDA; GRANTING THE AUTHORITY TO ACQUIRE CERTAIN PROPERTY NECESSARY FOR THE CIP PROJECT: THE SHANGRI-LA ROAD EXTENSION AND DRAINAGE SYSTEM; DECLARING THE NEED TO EXERCISE EMINENT DOMAIN POWERS TO ACQUIRE SAID PROPERTY FAILING AN 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 CITY ATTORNEY OR HER DESIGNEE TO COMMENCE AND PROSECUTE ALL PROCEEDINGS NECESSARY FOR ACQUIRING SAID PROPERTY FOR THE CIP PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, after consideration of the availability of alternatives, including alternative routes, the costs of the project, environmental factors. long range area planning, and safety concerns, the City of Bonita Springs has determined it is in the public interest to construct the Shangri-La Road Extension and Drainage System and has determined the property necessary for that use; WHEREAS, the City of Bonita Springs therefore desires to acquile such property necessary for that use by negotiation, contract, condemnation or otherwise; WHEREAS, the City of Bonita Springs has caused the property necessary for the Shangri La Road Extension and Drainage System to be located and surveyed; WHEREAS, the City of Bonita Springs has appropriated revenue for the Shangri-La Road Extension and Drainage System and for the property to be acquired; WHEREAS, the City of Bonita Springs has, through the City Attorney s Office and its designees, provided Kurt Schwippert and Lisa Schwippert, the fee owner(s) of the property to be acquired with a written offer and if requested, a copy of the appraisal upon which the offer is based; and Page 1 of 3

2 WHEREAS, the City of Bonita Springs has, through the City Attorney s Office and its designees, attempted to negotiate in good faith with the fee owner(s) of the property to be acquired to determine the compensation to be paid, but the City of Bonita Springs and the fee owner(s) of the property to be acquired have been unable to reach an agreement on the compensation to be paid; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BONITA SPRINGS, LEE COUNTY, FLORIDA, that: SECTION ONE: GENERAL PROJECT DESCRIPTION The Capital Improvement Project provides for the construction of the Shangri-La Road Extension and Drainage System, beginning at Windley Key Terrace and ending at Imperial Parkway. SECTION TWO: USE, NECESSITY AND DESCRIPTION OF PROPERTY The City Council finds that fee simple right to the property described n the attached Schedule I ( Parcel 111 ) and easement rights to property described in Schedule II and Ill (collectively, Parcel 111 TCE ), are necessary for the Shangri-La Road Extension and Drainage System and is being acquired for the following specific public use or purpose: To improve traffic flow and transportation safety; increased traffic flow for public as well as private vehicles; improved evacuation routes; improve Shangri-La Road with addition of curbing and gutters, sidewalks, and stormwater drainage. SECTION THREE: AUTHORITY By virtue of the authority granted to the City of Bonita Springs by Chapters 73, 74, and 166, Florida Statutes, and by all other statutory or common law which grant to the City Council the power to proceed with acquiring property for a public use or purpose, the City Council hereby authorizes and directs the City Attorney or her designee to acquire Parcel ill AND Parcel 111 TCE by negotiation, contract, eminent domain, or other lawful means, for the above-described public use or purposes necessary for the completion of the Shangri-La Road Extension and Drainage System. Page 2 of 3

3 Likewise, City Council hereby authorizes and directs the City Attorney or her designee to bring and prosecute a petition in eminent domain in the name and on behalf of the City of Bonita Springs to acquire Parcel 111 AND Parcel 111 TCE and to take all other action advisable or necessary to prosecute and defend the petition in eminent domain and related causes to conclusion. SECTION FOUR: EFFECTIVE DATE This Resolution is effective immediately. DULY PASSED AND ADOPTED by the City Council of the City of Bonita Springs, )unty, day of October APPROVED AS ro FORM: VOTE: City Attorny /E54 Date Nelson Aye Simmons Aye Mcintosh Aye Simons Aye Martin Aye Lonkart Aye Slachta Aye Date filed with City Clerk: /& S Page 3of3

4 Ia P0 -\ SCALF: 1 = 80 PAI?CLL NO JIL._._ AREA OF TAKL:.6,4.31LTI.I1L._ h LitRF NFL. Q,ILi1197. [ C, 211 SIRAP NO.: J-47-?.-II3-QO09OQRO PROOf I? iy DVR9F:R; twill_at _U RISI_EELI9.T. LJ) Z--E LEE COUN L ltol /l)a SEC]70N 23, TOWNSH/L 4/ SOUl/I, [?ANOE 25 EAST ACAD NO:1QjAjjfi FILE ND O9(4IIfl99lIl,.{DRAWN DY:... 2 N 4LMj PROJECT NO.: J9TUNDAGE.NN. V18t ALE: 1 80 DATE: DEC :::::! & 0. GNOLIO R.S.M. NO L. I /.7/ :::::1) 7 42?. 2Q11 D,W. 1NOLJ revlsi0n: / I BY:/ / CUENT: CITY OF BONITA,PRlNG,-FLORIC NS LEGAL DESCRIPTION AND SKETCH IS DESCRIPTiON; ROW. IN PARCEL 111 AND IS PREPARED DY: LEGAL DESCRIPTION AND SK2ET 1 OF 2 R.O.W. = RIGHTOFWAY P.0.8. = POINT OF BEGINNING U11LITY P.U.E. = PUBLIC EASEMENT P.O.C. = POINT OF COMMENCEMENT LOT II PARCEL NO. 114 STRAP I 2J OlIO OR. 1191, PG BETTY J. ARCHER ±5 (50 R.O.W.) I 79 00SJ I9 N 70p4c LOT 10 STRAP Q.3-O02OO.OTOO PARCEl. NO. 113 OR. 1948, PG. 308 CARL W, AND CLAUDIA SCHMPPERT LOT 9 PARCEL NO. 112 STRAP fi OO2OCL0090 OR PG CARL W. AND CLAUDIA SCHI4IPPERT ras71r0r 1J4- (II (.74% LID N 003,19 LNL 9555 TLA 3 R STRAP 2)4725T O8() PARCEL NO. III DR..1597, PG KURT AND USA SCHI4IPPERT 113 ha LEE COUNTY. FLORIDA 0-9 (OR. 05, I D. RI) TROPIC ACRES AND TROPIC ACRES EXTENSION LOT 7 LOT 8 I- ( ASCII NIT, ITT STRAP I FLI OR PC JUDITH R. THOMAS UNRECORDED SURDI VISION Sch cdii Ic I

5 Al 10/I I I AIl T (.1/ (II II lie 19(11 IC ACRE ;, AN um/ec(ji/oeo 1 A r LILA Tf. /1 114 Ti if fl/il H SC///IN LIE /90(1 OFWAY TAKING IN A//fILL /,,,,,,,.. W IM8 )ACAO N01QIiQ1 F/LE NO: io1,i. BY: JAN PROJECT NO.: & d E: NT., OATE;,EC2J,2C ::::::trunnace..14c :::.:.9B & D,. 0. AoNOLI, P NO PAW, BY: 7,N0LI REVISION: CLIENT: CITY OF RONITA SPRINGS, to IDA (QLfQUNDARY_SURVEY AND IS PREPARED DY: H/S LEGAL DESCRIPTION AND SKETCH IS DESCRIP11ON: ROW. IN PARCEL 111 LEGAL DESCRIPT ON ND sketc at 2 OF 2 ClINT/I.C.C SQUARE FEET OF LAND, MORE OR ft 55. TTILNC/ IEAVTNC CA/I) TASTE//I V LINE SOUTH 82.SLT or WEST A DISTANCE OF FEET TI) AN / C TION MIII TI IL IA S TENt V LINE OF 5/I/I) (DI 8: TO Hi l O/N I or L/rGINN/Nc OF THE I ARCEL lie//fin DESLI1 BED; THENCE LI/I//INC SAID WT SIENLI line NORTH 7953 I 7 EAST A DISTANCE OF FfET /11510 Ftl I, THENCE NO/Till OO JT JR WEST ALONG THE WESTERLY LINE OF SAID LOT 8 A 0/5 lance OF THENCE SOOTH OO 3T i9 EAST Al ONC SAID EASTEF?L V line A 015 lance 01 (745 /FFT. IIECINNINI: AT THE sf13) TI WE 51 CD/TNL// OF S/I/I) LOT.1/? 1/Cl/I Al/I V DECCRITTELI AS I 03 0//Al, look 105, 45/ /11, I U/TI IC RECORDS OF it COUN7Y. rlonida. HE/NC MO//C 42 10(1 III, UANG1 25 LAS I, 1/ COON TI, Ff00/HA, AS IlL CORDED IN OU/CIAL lie conos 00TH ONI IA/I (111/?) VI THE SOOTHE/IS T QuARTER (SET/A) OF SECTION 23, TOwNSHIP I FE COHN I Y, FI.OUIDA SLCJ1ON 23, 1CWNSIi/I 47 SOUTH, RANCE 25 EAST

6 TEMPORARY CONSTRUCTION EASEMENT Schedule II - Page 1 of 2 v. drilling, excavation, land alteration, filling and grading: and utilities in the TOE area: iv. constructing, maintaining and removing temporarily relocated accommodate local traffic in the TCE area: iii. constructing, maintaining and removing temporary rights of way to the City and public rights of way; ii. ingress and egress from and to other easement areas acquired by materials, supplies and equipment: i. workspace, the movement, storage and staging of personnel, the Shangri-La Road Extension, its associated improvements and any other improvements depicted in Schedule I, including but not limited to: reasonably necessary or appropriate in connection with the construction of construction easement area for the purpose of conducting activities enter upon and utilize the lands described in Schedule Ill as a temporary a. The City and its assignee(s) shall have the temporary right and privilege to area. The rights acquired to such TCE shall be as follows: 2. Schedule Ill describes and depicts a Temporary Construction Easement ( TCE ) described herein and depicted on Schedule Ill. 1. The area of the easement interests and rights to be acquired by the City are such easement interests and rights: ( Schedule II ) and the obligations the City has agreed to comply with in connection with Owner(s) ) of certain real property and described in the legal description and sketch (hereinafter City ) shall acquire from the property owners/interest holders (hereinafter The following summarizes the easement interests and rights the City of Bonita Springs INCURRED FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE SHANGRI-LA ROAD EXTENSION AND DRAINAGE SYSTEM TERM SHEET OF INTERESTS AND RIGHTS ACQUIRED AND OBLIGATIONS Schedule II

7 twentyfour months, whichever occurs first. rights are acquired and terminate on the project completion date or b. All the TCE rights and privileges granted herein start on the date such Schedule II - Page 2 of 2 for any lawful purposes that do not directly interfere with the City s acquired rights; long as it shall exist). construct nor permit to be constructed any building, structure, excavation or other acquired easement rights, including ingress to and egress from the TCE area (for as area (for as long as it shall exist) which may interfere with the exercise by the City of its improvement or obstruction, on, over, under, above, across, within or through the TCE provided, however, that Owner(s), their heirs, successors and assigns shall not 3. Owner(s), their heirs, successors and assigns may continue to use the TCE area prohibited to do so by applicable law, regulation or permit. on all non-paved TCE land surfaces disturbed during construction unless for such items instead. In addition, the City shall plant grass seed or sod and the Owner(s) have previously agreed that the City will pay Owner(s) locations or as near thereto as is reasonably practicable, unless the City like or better quality any pie-existing fences, roads, driveways, mailboxes, City, its agents or contractors, the City will repair or replace with the same, provision of Schedule II. To the extent damage results from use by the practicable, to the extent such restoration does not conflict with another sidewalks, parking areas, sprinkler or irrigation systems, wells, septic ICE is located to the original condition, as near as is reasonably operations are completed, the City shall restore the lands on which the tanks and septic drain fields located on the TCE area and at their original TCE area. Prior to the expiration of the TCE, but after construction permanently remove and dispose of dirt, rocks and vegetation within the c. Throughout the duration of the TCE, the City has the right and authority to vi. restoring the FCE area,

8 STRAP NO..E1ET1.QN.ZQQ99Ni.. intl lit NEC 0,8. J 1.JI- SCALE: 1 = 80 I ROPUI? TV OWNER: lcv6lanoll&.gkiyffc.ri I NO IlL EZD Z= LEE COUNTY, FLORIDA LCIION 23, TOWNSTIIR 47 SOUTI-?, RANGE 25 FAST Schi diilc III C.rUflo.çs 41 4.thtno.o IS 7604.ná 1)7604 Y.s, I,44$Sj-fl,, 1.0,,, , TheI.1 7,414. ).r0h; , FL ISOIAO?.3I4I Prole,,Iona) engineer.. planners, & lend surveyor,...fl.... ARBER lu...i...ikgnoli NOT A DOIJNDAOV TIO\JCV AND IS PREPARED DY: TI-uS LEGAL DESCRIPTION AND SIC ROW. = RIGHTOFWAY P.O.C. = POINT OF COMMENCEMENT RUE. PUBEJC UTILITh EASEMENT P.0G. = POINT OF BEGINNING 111 SCRIPTION ANn SKETCH SHE.T 1 T.C.E. = TEMPORARY CONSTRUCTICN EASEMENT LOT TI PARCEL NO. 114 STRAP 0 23_4725B3OO2OO.0llO OR. 1191, PG BETTY J. ARCHER (SO w.) 2. 00, TR0P:4c;REs DR. R0,W C42MD4 LOT 10 PARCEL NO. 113 STRAP I 23_4y25--aj lOO OR. 948, PD. 308 CARL W. AND CLAUDIA 5C1-IPAPPERT i 0 LINE TABLE LOT 9 PARCEL NO. 112 STRAP I Ui O9O OR PC CARL W. AND CLAUDIA SCHI4IPPERT ITRLr.20 CC. LOT 8 PARCEL NO. Ill STRAP I R3--OO2LXT.0080 OR. 3597, PG KURT AND LISA SCHWIPPERT LEE COUNTY. FLORIDA UNRECORDED SUBOIATSION TROPIC ACRES EXTENSION TROPIC ACRES AND LOT 7 PARCEL NO. 710 STRAP I ?. 3557, PG J JDI7H R. THOMAS (0.1?. 105, PG. 8?)

9 Alt THAI I ART OF (0! 13 or moor ACRES AN Ll.Rt.CORDCL) 0(4 I locale!) N HE ECf I DLscUll rio:, or A IET l O Alf Y CO S Inul; lion ( (JUN 13 ( ARCH ACAD 0 S LECC, DESCR1P I.QN 5CC SKETCH IS OESCRIP]1ON: 20 T,C,E,lNPARCt4j SOD IS PREPARED BY; CLIENT; CITY OF BONITA SPRINC 6i6X NO:10672S05 FILE NO; C.Nlfl,.I. N. L Ni,,4 H rdrawn BY PROJECT NO Q.QD21 &,/,W YNE 0. AGNOLI, R.S.M. NO P 1 l pi k I ] BIjALE: N.T.5. OATE:_9 NOV Iu..pu._,,EUNDAGE,,,,t,-...I..c B ::::r.gnou?ev1sion:, Im.p.-1.RIIA LEGAL DESCRIPDN AND SKECIEE 2 OF 2 CONTA I IC 2.67? SQUARE rrrr or LAND. MORE OR LESS TO THE POT r or iieginiaii) C Of IIIC PARCEL HLHL N LII SIN IIEl). SIlENCE LEA.155 5,110 EASTERLY (fill SOUTH V.151 A S STANCE OF 133(1: ref (II.1W III CR515 lion Ni Ill THI EAS ELY I fe or SAl) THENCE LCA NC SAID I4ESTEIII. LINE NORTH EAST A OS lance or 1338) I? I H( (ICE 501)111 ()l31i jy EAST ALONG CA!) EASTERLY (NE A Sf5 lana OF 2(1,28 (EL I. 20 2(1 ICE C 1111 NCF CON 1150 S S 7,01? TEl OLI JI ALONG St. S ITS lull I I WE A 05 lance or ties SN TI IL I ASL MI NT I It REIN OL.SCR RED, ALONG INC ((EsrrIlLy SAD 10? (I A O,,IAUCE or so 40 H! I TO THE i(t..i. I ci COUMI NCvG AT TIlE SOUI(ll ti; I COlONS 01 CA LI is II, II1CSCL 38 fyi I PAR TILL LANE r DE!;CR.((( o AS I Dl. 11(15; (look 105. P451 III, PU(fl.IC ( 1 CORDS UI Li f COUNTY H (TI? IA, (ICC UIIGE 47 5(111TH, N scr 25 EAST, III ((lu, It, lia, A ; l, HS)S (lfi) I) UI! (SAL IiCl,Il lo, sourn ONEHAL U (57/2) OE THE SOUlHA r OI)AR leg (SE 4 Dl 51 ff IOSH l P LU. COUNTY T1ORIDA SFCJ1ON 23, TO WNSH)P 47 SOUTH, [?ANCF 75 FAST