Resolution 1994-043
RESOLUTION NO. 94-43
FEBRUARY I, 1994
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUnTY. FLORIDA. AUTHORIZIIIG THE ACQUISITION
OF RIGHT OF EnTRY FORMS FOR THE PROPOSED IMPROVE-
KnITS TO THE DESOTO BOULEVARD DRAIIIAGE CAIIAL.
WHEREAS, the Board of County Commissioners, on March 2,
1993, adopted Resolution 93-85 thereby authorizing the
acquisition of donated permanent drainage easements to resolve
nUDerous citizen complaints regarding the impaired flow of
water in the vicinity of the DeSoto Boulevard Drainage Canal
located in Units 73 and 78, Golden Gate Estates; and
WHEREAS, many property owners refused to donate a
drainage easement to Collier County to allow the Collier County
Storwwater Management Department to remove and clear any brush,
tree. and debris necessary to open the flow of water of the
DeSoto Boulevard Drainage Canal; and
WHEREAS, in order to ensure that the DeSoto Boulevard
Drainage Canal remains open, the Collier county Stormwater
Management Department requires an executed Right of Entry form
which grants and gives freely the right of access, entry and
license to use the lands of the property owner for the express
purposes of entering on the property to remove and clear any
and all brush, trees and debris of whatever nature on the
property for the water management of the DeSoto Boulevard
Drainage Canal System; and
WHEREAS, the Board of County Commissioners recognizes
that the acquisition of the Right of Entry forms are of
importance to maintain the free flow of water and prevent
flooding in the DeSoto Boulevard Drainage Canal;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The water management improvements, which include, but
are not limited to, the removal and clearing of any brush,
trees or debris necessary to open the flow of water, in the
DeSoto Boulevard Drainage Canal, as identified in Exhibit "A",
attached hereto and incorporated herein, located between Eighth
Avenue Northeast ant.: Tent'.l Avenue Northeast, are necessary and
in the best interBst 0f the citizens of Collier County,
Florida.
2. Staff is hereby authorized to acquire Right of Entry
tOrJUI frOm the affected property owners without compensation
tor such rights by the County.
3. The Board of County Commissioners hereby authorizes its
pre.ent Chairman and any subsequent Chairman, for the life of
the project, to execute any instruments, which have been
approved by the Oftice at the County Attorney, as may be
required tor the acquired right of access, entry and license to
use the lands of the property owner.
&00<< 000 PI'.' 127
FEBRUARY I, 1994
4. Rights obtained in the manner described above shall be
deemed "accepted" by the Board of County Commissioners, the
governing body of Collier County, Florida, a pol i tical
subdivision of the state of Florida, and staff is hereby
authorized to record in the Public Records of Collier County,
Florida, said Right of Entry forms.
THIS RESOLUTIOII ADOPTED after motion, second and
aajority vote.
DATED:lF~ L 1994
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~"pvigh~:E. ~ro~, Clerk
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BOARD OF COUnTY COMMISSIONERS
OF COLL OUnTY, FLORIDA
Approved as to form and
legal sutticiency:
Jik,L -} A){ L
He di F. Ashton
Assistant County Attorney
SOOK 000 Pl~, 128
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