Resolution 2020-090RESOLUTION NO. 2020- go
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING A RELOCATION AGREEMENT, THE
CONVEYANCE OF A TEMPORARY WORK AREA EASEMENT AND A
PERPETUAL FLOWAGE, OCCASIONAL FLOWAGE AND CULVERT
EASEMENT TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
REQUIRED FOR THE CONSTRUCTION OF A CULVERT UNDER CR 92 FOR
THE PICAYNE STRAND RESTORATION PROJECT, AS PART OF THE
COMPREHENSIVE EVERGLADES RESTORATION PLAN.
WHEREAS, the United States Army Corps of Engineers, in partnership with the South
Florida Water Management District ("the District"), proposes to construct a culvert and related
improvements under CR 92 for the Picayune Strand Restoration Project ("the Project"), as part of
the Comprehensive Everglades Restoration Plan; and
WHEREAS, it is necessary that the District acquire a temporary work area easement and a
perpetual flowage, occasional flowage and culvert easement (collectively, "the Easements"), over,
under, upon and across portions of CR 92 right-of-way presently owned by Collier County and
more fully described in Exhibits "A" and "B" the Relocation Agreement attached to this Resolution
("the Agreement"); and
WHEREAS, pursuant to Section 125.38, Florida Statutes, a Resolution setting forth such
conveyances to the District, must be approved by the Board; and
WHEREAS, the District has made application to Collier County to execute and deliver to
the District the easement instruments set forth in Exhibits "A" and "B" to the Agreement, at no
additional cost to the District, and said request having been duly considered; and
WHEREAS, said use is in the best interest of Collier County; and
WHEREAS, the Easement rights are not needed for Collier County purposes.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier
County, that the application of the South Florida Water Management District for the Easements is
Page 1
9
O
for drainage purposes that are in the public or community interest and for public welfare; that the
Easement rights required for drainage purposes by the District are not needed for Collier County
purposes; and that the Chairman is hereby authorized to execute the Agreement and the easement
instruments set forth in Exhibits "A" and "B" to the Agreement, conveying the Easements to the
District, along with such other closing documents needed to effectuate transfer, after approval by
the Office of the County Attorney, at no additional cost to the District.
BE IT FURTHER RESOLVED that the County shall maintain the culvert in perpetuity.
BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded
forthwith to the South Florida Water Management District.
This Resolution, adopted on this AAk day of_, 2020, after motion, second and
majority vote.
ATTEST`£
Crystal..K. Kinzel, Clerk of the Circuit
�Coui & Comptrol!!
[7eput Clei:�
,�; : '; t to Chairman's
s rra`ure o;�ly.
Approved as to form and legality:
JS:iMer A. Belp d
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLI COUNTY, F�LORIDA
By:
Burt L. Saunders, Chairman
pao
S�
Page 2
n9
O