Resolution 1994-282
API.IL 19, 1994
RESOLlI'1'IO. ~, 94-~
RESOLtlTIOII OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING TIlE ACQUISITION
OF PERMAHEIfT DRAIIIAGE EASEMElfIS AND ACCESS EASEMElfTS
BY GIFT OR PURCHASE III SUPPORT OF TIlE PROPOSED
IJIPROVEJlEIfTS TO THE RIGGS ROAD DRAINAGE CANAL.
WHEREAS, nwaerou. citizen cOlDplaint. vere received by
the Collier County StorllVater Managellent Departllent regarding
the iapaired flow at vater in the vicinity at the Riggs Road
Drainage canal located in Section 17, Townahip 51 South, Range
27 Ea.t, and
WHEREAS, in the pa.t the Collier County StorllVater
Jlanag_nt Departllent has aaintained the Rigg. Road Drainage
canal to raaove and clear any bru.h, tree. and debris necessary
to open the flow of vater of the Rigg. Road Drainage Canal
vithout the benefit of the legal right or authority to enter
upon private propertie.; and
WHEREAS, in order to en.ure that the Rigg. Road
Drainage canal reaain. open, the Collier County StorllVater
Jlanag_nt Depar13ent requir.. the conv.yanc. at peraanent
drainage .a.ellent. and acce.. ea.ellent. frOll the adjacent
property owner. of the Rigg. Road Drainaqa Canal located in
S.ction 17, Township 51 South, Range 27 East to Collier County
in order to aaintain the free flow of vater in the Riggs Road
Drainage canal, and
WHEREAS, the Board of County CoIlIli..ioners recognizes
that the expeditious acqui.ition of the required peraanent
drainage ......nt. and acce.. ea..llents are of illportance to
aaintain the fr.. flow of vater and prevent flooding in the
Rigg. Road Drainage Canal;
IIOW, TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COtOIISSIONERS OF COLLIER COUNTY, FLORIDA, that:
100Il OOOPA~E 71
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API.1L 19, 1994
1. Th. vater aanag..ent iaprovnent., vhich include, but
are not li.ited to, the relloval and clearing of any brush,
tree. or debris nece..ary to open the flow of vater, in the
Rigg. Road Drainage canal, a. identified in Exhibit "A",
attached h.r.to and incorporated h.rein, are n.ce..ary and in
the best inter..t at the citizens at Collier County, Florida.
2. Statt is h.reby authorized to acquire permanent
drainage ......nts and acce.. .a....nt. frOlD the affected
property owner. by gift or purcha.e.
3. The Board of COUnty Coaai..ioners hereby authorizes its
pre_nt Chairman and any .ub..qu.nt Chairman, for the life of
the project, to ex.cut. any instruments, vhich have been
approved by the ottice ot the County Attorn.y, to rellOV. the
lien ot any encumbrance and for any .uch other purpose a. Ilay
be requir.d for the acquired permanent drainage ea.ell.nts and
acce.. .a....nt..
4. All title to the perman.nt drainage eas....nt. and
acce.. .a....nt obtain.d in the aann.r d..cr:bed above shall be
deeaad "accepted" by the Board of County Commis.ion.r., the
gov.rning body of COlli.r County, Flo%.~da, a political
subdivi.ion ot the Stat. of Florida, and staff is hereby
authorized to r.cord in the Public R.cords of Colli.r County,
Florida,
.aid permanent drainage easements and access
.a_..nt. and .uch other instru..nts as aay be required to
raaov. the li.n of any .ncumbrance frOlD the acquir.d permanent
drainage .a....nt. and acce.. .a....nt..
5. Th. Board furth.r direct. .taff to u.. int.rnal
compen.ation ..tiaat.., in li.u ot apprai.al r.ports, to be.t
..rv. the n..d. of the project in a tillely and cost-etfective
aaM.r.
1001( OlX),Ar.E 72
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APIIL 19, 1994
6. Upon the -approval of the County Attorney's Office of
all dOCUllents necessary tor the .ubject property acquisition,
Real Property Manag...nt Depart..nt staff is hereby directed to
offar ~iata delivery to the r..pectiv. property owners of
the full compensation (a. ..tablished by the .taff compen.ation
astiaata.) in r.turn for the i...diate and proper execution of
the respective .a....nt., and .uch other legal docullent. and/or
affidavits a. the county Attorney'. Office dee.. appropriate in
order to protect the int.rest. of the County.
7. In tho_ inatance. where negotiated .ettlement. Ilay be
obtainacS via the "Seller'. Affidavit" or "Ea.ellent Agreement"
aachani_, the Director of the Stormvater Managellent
Dapartllent, or hi. de.ignee, i. hereby delegated the authority
to approve the purchase of land intere.t. above the staff
compensation e.tiaata and pay normally related cost. vhen it is
in the be.t interest of the Project, within the pro-rata share
of the land rights acquisition budget for the parcel being
acquired, only when the difference betveen the purcha.e price
and .taff compen.ation estiaate i. less than Six Thousand Five
Hundred and 00/100 Dollar. ($6,500.00). Thi. settlement
approval authority is delegated by th" Board of County
Coaai..ioner. to the extent that .uch approval. do not conflict
vith the provision. of Section 125.355, Florida Statutes.
8. The Chairman of the Board of County coaais.ioner. is
hereby authorized to executa Ea....nt Agreellents vhere the land
owner has agreed to .ell the required land rights to the County
at the staff cOllpensation e.tiaata or at that amount con.idered
the "Administrative Settl...nt Amount" as .uch term is
internally u.ed by the adaini.trative agencies of Collier
County.
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API.1L J 9, 1994
9. Where the property owner agrees, by sworn affidavit or
agre....nt ("Seller's Affidavit" or "Easellent Agreellent"), to
convey a necessary interest in real property to the County, and
upon the proper execution by the property owner of those
......nts and such other legal documents as the Office of the
County Attorney aay require, the Board hereby authorizes the
Finance Departllent to issue warrants, payable to the property
owner(s) of record, in those aaounta as shall be specified on a
closing stat....nt and which shall be based upon the staff
compensation estiaate in accordance vith this Resolution,
TIllS RESOLUTION AOOPTED after motion, second and
aajority vote.
mTEDI ~~~.#"
"
A~:II,,"
" Dv!qht E".~OCk,
- '~
~
Clerk
COUNTY COMMISSIONERS
ER COUNTY, FLORIDA
Clerk
BY
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';Approv~.~" 'to '"fora
"lega1.utficiency:
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and
Assistant County Attorney
lOOK 000 PAr.E 74
r
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