Resolution 2001-432
RESOLUTION NO. 2001 _ 432
16CS
RESOLUTION NO. CWS-2001- 03
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR
PURCHASE OF NON-EXCLUSIVE, PERPETUAL, UTILITY AND MAINTENANCE
INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF PIPELINE AND WATER
WELL SITES REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT
GOLDEN GATE RELIABILITY EXPANSION.
WHEREAS, the Golden Gate Wellfield is presently one of the principle sources of raw water
for water treatment facilities which provide potable water to customers in the Collier County Water-
Sewer District Water Service Area; and
WHEREAS, the construction of additional well sites and pipeline will provide back-up and
reliability to the existing Tamiami Aquifer Potable Water Source; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables,
concurrence, safety and welfare considerations have been reviewed as they relate to the
implementation of said utility improvements; and it has been recommended by County Staff that it is
necessary and in the best interest of Collier County, Florida, to construct the water pipelines and water
wells as part of the Golden Gate Reliability Expansion hereinafter referred to as "Project" as identified
on Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, the design and construction of said utility improvements and related facilities have
been determined by the Board to be necessary and in the best interest of Collier County; and
WHEREAS, the construction of the utility improvements and related facilities contemplated by
the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier
County by assuring requisite withdrawals from the Tamiami aquifer for potable water supply and will
assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for
Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER AND AS EX-
OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,
that:
1. The Board has considered the environmental factors, safety factors and fiscal
considerations relating to the final adopted location of the utility improvements and related facilities.
2. The utility interests by easement acquisitions identified on Exhibit "A" are the most
feasible locations, both necessary and consistent with the project requirements, in order to permit the
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construction and maintenance of the utility improvements and related facilities for the Golden Gate
W¢llfield Reliability Expansion.
3. The Board has determined that the construction and maintenance of the Golden Gate
W¢llfi¢ld Reliability Expansion and related facilities are necessary for a public purpose and is in the
best interest of Collier County.
4. The construction and maintenance of the utility improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Collier County.
5. It is necessary and in the best intcr~st of Collier County for the Board to acquire the
utility interests by easement identified in Exhibit "A"; and County Staff is hereby authorized and
directed to acquire by gift or purchase the perpetual, non-exclusive, utility interests easement on the
properties identified in Exhibit "A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with
the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County
Commissioners. The Board further directs staff to use appraisal reports or internal compensation
estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes,
hereby formally waives the requirement for a formal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) is less
than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal
report, staff is hereby authorized to make purchase offers for the properties, th~ dollar amounts of
which shall be predicated on "staff compensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties and upon consideration and application of
appropriate market value and cost data pertinent to the subject parcels.
8. Upon the approval by the County Attorney's Office of all documents necessary for the
subject property acquisition, Real Property Management Department staff is hereby directed to offer
immediate delivery to the respective property owners of the full compensation (as established by the
appraisal or staff compensation estimates in accordance with the provisions of Chapter 125.355,
Florida Statutes), in return for the immediate and proper execution of the respective easements, or
deeds and such other legal documents and/or affidavits as the County Attorney's Office deems
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appropriate in order to protect the interests of the County; and the Board hereby authorizes its present
Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which
have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and
for any such other purpose as may be required for the acquired utility and temporary construction
interests by easement.
9. In those instances where negotiated settlements may be obtained via the "Purchase
Agreement" or "Easement Agreement" mechanism, the Director of the Public Utilities Engineering
Department, or his designee, is charged with the responsibility for completion of various capital
improvement projects, and is hereby delegated the authority to approve the purchase of land interests
above the staff compensation estimate or appraised value and pay normally related costs when it is in
the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the
parcel being acquired, only when the difference between the purchase price and compensation estimate
or appraised value is less than Fifty Thousand and 00/100 Dollars ($50,000.00) or the current
purchasing limits established by the Collier County Purchasing Department; provided, Project funding
is available.
10. That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
1 I. The Chairman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to the County at
its appraised value or at that amount considered the "Administrative Settlement Amount" as such term
is internally used by the administrative agencies of Collier County.
12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase
Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County,
and upon the proper execution by the property owner of those easements or fee simple title, and such
other legal documents as the Office of the County Attorney may require, the Board hereby authorizes
the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts
as shall be specified on a closing statement and which shall be based upon the appraisal or staff
compensation estimate in accordance with this Resolution and the provisions of Section 125.355,
Florida Statutes.
13. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the Governing
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Board of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, and as such, staff is hereby authorized to record in the Public Records of Collier County,
Florida, said easements or fee simple title and such other instruments as may be required to remove the
lien of any encumbrance from the acquired properties.
THIS RESOLUTION ADOPTED on this/,3.z/, day of '-/)~tse. q,,.g,~-*-~, 2001, after motion,
second and majority vote.
BOARD OF COUNTY COMMIS .~IONER-S OF '%
........ '"i"-'": ..... ,, COLLIER COUNTY, FLORID&'~
AT~I~ES~! ...... .: C,' GOVERNING BODY OF CO~[Ei~'CO~-~:
:'Ii~Wi0~.2~Ro~GK, CLERK AND AS EX-OFFICIO THE ~D'VERNING:ii~i;~. "~
, - BOARD OF THE COLLIERz~.,:_ ,UNT¥~ATER-,:
,'5' '~Clerk By' "~ ~~',,,
% ~c:'7"~'~'~' "JA~S~CARTER, Ph D, CH~~'~'
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney