Resolution 2005-042 /CWS 05-01
RESOLUTION NO. 20()s-~
RESOLUTION NO. CWS.200s- ~
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OR
PURCHASE OF NON-EXCLUSIVE, PERPETUAL UTILITY AND MAINTENANCE
EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS, AND ACCESS EASEMENTS
FOR THE CONSTRUCTION OF A SEWER FORCE MAIN, RAW WATER MAINS AND WELL
SITES REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT'S SOUTH
COUNTY REGIONAL WATER (SCRWTP) REVERSE OSMOSIS (RO) EXPANSION TO 20 MGD
WELLFIELD PROJECT, PROJECT NUMBER 708921.
WHEREAS, the Board of County Commissioners, as the Governing Body of Collier and as Ex-
Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as
"Board"), on May 25, 2004, adopted the 2003 Water Master Plan Update for the County's Water
Service area in order to establish priorities for the design, acquisition, and construction of the various
water capital improvement projects;
WHEREAS, the SCRWTP RO Expansion to 20 MGD Wellfield Project, hereinafter referred to
as "Project" is one of the water capital improvement projects required under the 2003 Water Master
Plan Update for the County's Water Service area; and
WHEREAS, the Board, on January 27, 2004 adopted Resolution No. 2004 -23, and Resolution
No. CWS - 2004 -0 I, authorizing staff to acquire by gift or purchase those property rights required for
the construction of the above-referenced project; and
WHEREAS, the location for construction of the proposed improvements has been fixed by
survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto
and incorporated herein; and
WHEREAS, after consideration of the availability of alternate routes and locations, the
comparative costs of project alternatives, various impacts upon the environment, long range planning
options, and public safety considerations, 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, AS THE GOVERNING BODY OF
COLLIER AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W ATER-
SEWER DISTRICT, that it has been determined by the Board that the construction of a sewer force
main, raw water mains and wells (hereinafter refen'ed to the "Project") is necessary and in the best
interests of the general public.
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AND IT IS FURTHER RESOLVED that construction of the project is part of the County's long
range planning effort, and is included in the 2003 Water Master Plan Update for the County's Water
Service area, as approved by the Florida Department of Community Affairs.
AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations
for the project, various impacts to the environment, public safety and welfare considerations associated
with the design and construction of the project, and the costs associated with the design, property rights
acquisition, and construction of the project; and the Board finds that after consideration of these issues
the most feasible location for construction of the proposed improvements is collectively represented by
the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is
necessary for the Board to acquire the various real property interests described in Exhibit "A" to wit:
perpetual, non-exclusive utility and maintenance easements; perpetual, non-exclusive access
easements; and temporary construction easements.
AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that County staff is hereby authorized to acquire
immediately by gift, purchase or condemnation in the name of the Board, in accordance with the
provisions of Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interests
more particularly described in Exhibit "A" attached hereto and incorporated herein.
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.
This Resolution adopted on this
\\~
day of
~~\\ \{l '\ ~ 200S, after motion,
second and majority vote.
ArrEST: "l'lll.,.,.
DWIGIjTJ.'\~~i:~~RK
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,
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BY: '-:JuLW. c+
FRED W. COYLE, CHAIRMAN
Approved as to form and
-Zufficiency:
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Ellen T. Chadwell
Assistant County Attorney
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Resolution 2005-42/ County Water Sewer 2005-01
"Exhibit A"
Exhibit "A" that accompanies Collier County
Resolution 2005-42, and CWS 2005-01 is a sketch of
Real Property Parcel Interests; Pages 1 through 165
can be found in Back-up from the January 11, 2005
BCC Meeting