Resolution 2000-165
882
~SOLUTION NO. 2000- 165
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY CONDEMNATION OF NON-
EXCLUSIVE, PERPETUAL UTILITY AND TEMPORARY CONSTRUCTION INTERESTS BY
EASEMENT FOR THE CONSTRUCTION OF THE THIRTY (30") INCH PARALLEL SEWER FORCE
MAIN IMPROVEMENT PROJECT ALONG IMMOKALEE ROAD AND WITHIN THE CREEKSIDE
COMMERCE CENTER.
WHEREAS, the Board of County Commissioners, on July 22,1997, adopted the 1997 Wastewater Master Plan
Update for the North County Service area in order to establish priorities for the design, acquisition and construction of
the various wastewater capital improvement projects; and
WHEREAS, the Thirty (30") Inch Parallel Sewer Force Main Improvement Project along Immokalee Road and
within the Creekside Commerce Center is one of the wastewater capital improvement projects required under the 1997
Wastewater Master Plan Update for the North County Service area; 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.
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, 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 the Thirty (30")
Inch Parallel Sewer Force Main Improvement Project along Immokalee Road and within the Creekside Commerce
Center, (hereinafter referred to as "the Project") 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 construction of the Project is part of the County's long range
planning effort, and is included in the 1997 Wastewater Master Plan Update for the North County 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 environmental, 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 Exhibit "A" to wit: perpetual, non-exclusive utility and
temporary construction interests by easement.
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AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by
condemnation 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.
AND IT IS FURTHER RESOL VED that this Resolution supercedes Resolution 2000-113 approved by the
Board of County Commissioners on April 11, 2000, Item 8(b)(5).
This Resolution adopted on this~ day of '7'J; /'
, 2000, after motion, second and majority
..,,}.' vote.
~.rl
. J'"' ~~>
Att;st~; to Chli~'1
signature onlJo
Approved as to form and
legal sufficiency:
~,d.1 J Ar1~'---,
Heidi F. Ashton
Assistant County Attorney
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THERE WERE NO
EXHIBITS SUBMITTED
WITH THIS RESOLUTION
DOCUMENT