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Resolution 1994-223 ".' ,. RESOLUTION NO. 94-~ APR.IL 5, 1994 RESOWTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION OF PERMANENT DRAINAGE EASEMENTS BY PURCHASE IN SUPPORT OF THE PROPOSED IMPROVEMENTS TO THE DESOTO BOULEVARD DRAINAGE CANAL. WHEREAS, on March 2, 1993, the Board of County eo..issioners adopted Resolution 93-85 thereby authorizing the acquisition ot donated permanent drainage easements to resolve nuaerous 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, the Board ot County Commissioners, on February 1, 1994, adopted Resolution 94-43 thereby authorizing the acquisition of Right of Entry forms from the affected property owners without compensation for such rights by the County; and WHEREAS, a few property owners refused to donate a drainage easement or provide a Right-of-Entry to Collier County to allow the Collier County Stormwater Management Department to remove and clear any brush, trees and debris necessary to open the flow of water of the DeSoto Boulevard Drainage Canal; and WHEREAS, the Board of County Commissioners recognizes that the expeditious acquisition of the required permanent drainage easements are ot importance to maintain the free flow of water and prevent flooding in the DeSoto Boulevard Drainage Cana11 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 and Tenth Avenue Northeast, are necessary and in the best interest of the citizens of Collier County, Florida. 2. It is necessary and in the best interest of Collier County for the Board to acquire the remaining drainage easements; and County Staff is hereby authorized and directed to purchase the remaining drainage easements. 3. The Board further directs staff to use internal compensation estimates, in lieu ot appraisal reports, to best serve the needs of the project in a timely and cost-effective manner. 4. Upon the approval of 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 componsation (as establishod by the statf compennation ..timates), in return tor the immediate and proper execution of the respective easements, and auch other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board of County Commissioners 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 as may be required for the acquisition of the drainage easements. -Page 1- &OO( OO(h,241 , ,. AFUL 5, 1994 5. In those instances where negotiated settlements may be obtain8d via the "Seller'. Affidavit" or If Easement Agreement" aechanism, the Director of the Stormwater Management Departaent, or his de.ignee, is hereby delegated the authority to approve the purchase of land interests above the staff compen.ation estimate and pay normally related costs ,..hen 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 statt compensation estimate is less than six Thousand Five Hundred and 00/100 Dollars ($6,500.00). This settlement approval authority is delegated by the Board of County Commissioners to the extent that such approvals do not conflict with the provisions of Section 125.355, Florida Statutes. 6. The Chairman of the Board of County Commissioners is hereby authorized to execute Easement Agreements where the land owner has agreed to sell the required land rights to the County at the staff compensation estimate or at that amount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 7. Where the property owner agrees, by sworn affidavit or Agreement ("Seller's Affidavit" 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 easement. 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 staff compensation estimate in accordance with this Resolution. 8. All title to properties which have been obtained in the aanner described above shall be deemed "accepted" by the Board of County Commis.ioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby authorized to record in the Public Records of Collier County, Florida, said easements and .uch other instrument. as may be required to remove the lien of Any encumbrance from the acquired properties. after motion, second and THIS RESOWTION ADOPTED majorit~~ DATED: ATTEST:') j. DWight E. arock, Clerk ~. ~~JU~~~"f0t . "'" ..: Y lerk "'; ',' , ' . -.:..:: ",.' . . "':-.......... '. 1:1,1 F COUNTY COMMISSIONERS COLLIER COUNTY, I' DA :'J': Approved as to form And legal sufficiency: IJ 1 d, d A~1th~ He d F. ....hton .....istant County Attorney aO~( oeo Pill 242 -Page 2- ~':..r-Sl 'lORIOA "1m" . I .n_ -.. " I ,._" -. " -- ~ i'" -. H /" _~-r' . " ., " ,;1 ,....-.... .. .-. .--.' -. --. r . 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