Resolution 1993-085
RESOLUTION NO. 93-~
MARr.f: ~ ,QQl
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AUTHORIZING THE ACQUISITION
OF PERMANENT DRAINAGE EASEMENTS BY GIFT IN SUPPORT
OF THE PROPOSED IMPROVEMENTS TO THE DESOTO BOULEVARD
DRAINAGE CANAL.
WHEREAS, numerous citizen complaints were received by
the Collier County Water Management Department and the Big
Cypress Basin office regarding the impaired flow of water in
the vicinity of the DeSoto Boulevard Drainage Canal located in
Units 73 and 78, Golden Gate Estates; ana
WHEREAS, the property owners located adjacent to the
DeSoto Drainage Canal in Units 73 and 78, Golden Gate Estates,
between Eighth Avenue Northeast and Tenth Avenue Northeast,
were contacted and requested to execute Consent of Right of
Entry forms to Collier County to allow the Collier County Water
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 Collier County Water Management Department
received the required executed Consent of Right of Entry forms
from the property owners and performed the necessary work 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 Water
Management Department requires the conveyance of a permanent
drainage easement from the adjacent property owners in Units 73
and 703, Golden Gate Estates, to Collier County in order to
maintain the free flow of water in the DeSoto Boulevard
Drainage Canal: and
WHEREAS, the Board of County Commissioners recognizes
that the expeditious acquisition of the required permanent
drainage easements 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, FLCRIDA, 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.
drainage
only.
Staff is
easements
hereby authorized to acquire permanent
from the affected property owners by gift
3. The Board of County Commissioners here'IY authorizes its
present Chairman and any subsequent Chairman, for the life of
the project, to execute ar.y instruments, which have been
approved by the Office 01 the County Attorney, to remove the
lien of any encumbrance ~nd for any such other purpose as may
be required for the aCqt'ired permanent drainage easements.
4. All title to the permanent drainage easements obtained
in the manner described above shall be deemed "accepted" by the
Board of County Commissioners, the governing body of Collier
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County, Florida, a political subdivision of the State of
Florida, and staff is hereby authorized to record in the Public
Recorda of Collier County, Florida, said permanent drainage
easements and such other instruments as may be required to
remove the lien of any encumbrance from the acquired permanent
drainage easements.
THIS RESOLUTION ADOPTED
majority vote.
DATED:, ;(~7
. 'Ill '
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c :Qwight $. ~~ck, Clerk
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" ~ ". .,)" .' '" uti Clerk
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Approved asito form and
legal~~ufficiency:
after motion, second and
.'
11. d,,' '1-. ~ ~ h-----
~ F. A'i:htof1
Assist.nt County Attorney
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