Resolution 1995-546/CWS 95-6
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RESOLUTION NO. 95- 546
RESOLUTION NO. CWS-95-~
SEP 2 6 1995
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR
CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL UTILITY EASEMENTS
AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF
WATER PIPELINE AND WATER WELL SITES REQUIRED FOR THE COLLIER
COUNTY WATER-~EWER DISTRICT'S NORTH COLLIER REGIONAL WATER
TREATMENT PLANT EXPANSION PROJECT.
WHEREAS, on April 11, 1995, the Board of County commissioners as
the Governing Body of Collier County and as Ex-Officio the Governing
Board of the Colli\!r County Water-; ewer District of Cullier County,
Florida (the "Board"), authorized r:taff to proceed wi.h the expansion
plans; and the Boe:cd entered into In engineering cont 'act with Metcalf
and Eddy, Inc., to provide the pro'essional services 'elated to an
eight million gallon per day (8-MGD) expansion and associated
improvements to the North Collier Regional Water Treatment Plant; and
WHEREAS, the improvements are consistent CIE 859 and CIE 865,
~orth Collier Regional Water Treat lent Plant Expansio:\ Project to meet
the increasing demands in the nort I service area of the County; and
WHEREAS, the County Staff has evaluated alternative locations,
reviewed the environmental factors, considered the cost variables, and
analyzed the safety and welfare considerations as thE:' relate to the
acquisition of the non-exclusive perpetual utility ea';ements and the
temporary construction easements
id it has been recomended by County
staff that the non-exclusive, perl !tual utility ease~ !nts and the
temporary construction easements ~ described in Exhioit "A", attached
hereto and incorporated herein, are the most feasible locations to
construct the watel pipelines and water wells as part of the North
Collier Regional W~ter Treatment F.,ant Expansion Project; and
WHEREAS, the staff has recomm~nded that it is ner.essary and in the
best interest of Collier County, F~orida, to acquire (:ertain
non-exclusive, perpetual utility easements and tempor~ry construction
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easements which are required and necessary for the construction of the
water pipeline and water well site improvements for the North Collier
Regional Water Treatment Plant Expansion Project; and
WHEREAS, the expeditious acquisition of non-exclusive, perpetual
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utility easements and temporary construction easements for the water
pipelines and permanent water well sites are of paramount importance to
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the completion of :his utility project as scheduled; and
WHEREAS, the design and construction of said uti:,ity improvements
and related facjli :ies have been dr~termined by the Board of County
Commissioners, as the Governing Bo ly of Collier Count' and as
Ex-Officio the Governing Board of :he Collier County later-Sewer
, District of Collie~ County, to be necessary and in th.! best interest of
Collier County; and
WHEREAS, the construction of the water pipeline and water well
site improvements for the North Collier Regional Wate: Treatment Plant
,~~ Expansion Project is necessary in ~rder to protect the health, safety
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1nd welfare of the citizens of Col.ier County and is n the best
interest of Collier County, and will assist Collier Cuunty in meeting
certain concurrency requirements 0: the Growth Management Plan for
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Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF C: UNTY COMMIS-
.HONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING : '.ODY OF COLLIER
::OUNTY AND AS EX-OF,'ICIO THE GOVEr ING BOARD OF THE C LLIER COUNTY
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WATER-SEWER DISTRICT, that it has een determined by ',he Board that the
construction of the water pipeline and water wells along Vanderbilt
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Beach Road Extension from the North Collier Regional ~~ater Treatment
Plant site easterly to 17th Street for the North Collier Water
Treatment Plant Exp_lnsion Project ~hereinafter referred to as the
'Project") is necessary for a public purpose and is ir. the best
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Lnterest of Collier County.
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,~~ . AND IT IS FURTHER RESOLVED that the Chairman of the Board is
t~~. hereby authorized to execute Appraisal Agreements with the appraisal
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firm(s) selected from the list of firms pre-qualified by the Board.
The Board further directs staff to use appraisal reports or internal
compensation estimates as staff determines is necessary to best serve
the needs of the P 'oject in a timely and cost-effective manner.
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AND IT IS FURTHER RESOLVED that the Board, in accordance with the
provisions of Chap_er 125.355/ Florida Statutes, hereby formally waives
the requirement fo~ a formal, independent appraisal report for the
purchase of a prop lrty where the p rchase price of thl! parcel (the
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<., compensation due t? the property 0 'ner) is less than I me Hundred
Thousand and 00/100 Dollars ($100, 100.00). In lieu 0 . the independent
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appraisal report, sta ff is hereby 'uthorized to make lurchase offers
for the properties, the dollar amOl,nts of which shall be predicated on
"staff compensation estimates" based upon independent appraisals (and
the data therefrom) obtained on similar properties an~ upon
:onsideration and application of a.propriate market v~lue and cost data
gertinent to the subject parcels.
AND IT IS FURTHER RESOLVED th t upon the approval by the County
Attorney's Office of all documents necessary for the subject property
acquisition, Real Property Management Department staf~ is hereby
jirected to offer immediate delivery to the respectiv~. property owners
~f the full compensation (as estab ished by the appra.,sal or staff
compensation estima~es in accordare with the provisi Ins of Chapter
125.355, Florida Statutes) / in ret rn for the immediae and proper
execution of the respective easemellts and/or deeds, and such other
legal documents and/or affidavits as the County Attor"ey's Office deems
appropriate in ord~; to protect th' interests of the county~ and the
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hereby authorized to execute Easement Agreements where the land owner
,has agreed to sell the required land rights to the County at its
appraised value or ;it that amount considered the "Administrative
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Board hereby authorizes its present Chairman and any subsequent
Chairman, for the life of the Project, to execute any instruments which
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,have been approved by the Office of the County Attorney, to remove the
"lien of any encumbrance and for any such other purpose as may be
required for the a~quired utility easements or temporclry construction
easements.
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AND IT IS FUR'~HER RESOLVED that in those instances where negoti-
ated settlements m~y be obtained via the "Seller's Affidavit" or
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"Easement Agreemen'u mechanism, the. Director of the Office of capital
Projects Management, or his design'e, is charged with the responsi-
bility for completion of various c pital improvement J rojects, and is
hereby delegated t~le authority to "pprove the purchasl of land
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interests above the staff compensa~ion estimate or aplraised value and
pay normally related costs when it is in the best interest of the
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Project, within the pro-rata share of the land rights acquisition
~udget for the parcgl being acquir~d, only when the difference between
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~he purchase price and compensatio estimate or appra.,sed value is less
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than Fifteen Thousand and 00/100 D'llars ($15,000.00) or the current
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purchasing limits e~tablished by t.te Collier County PurChasing
Department; provided, Project funding is available.
AND IT IS FURTHER RESOLVED that this settlement .,pproval authority
I,S delegated by the Board to the e::tent that such app: ovals do not
::onflict with the pJ'ovisions of Se tion 125.355, Flor ,da Statutes.
AND IT IS FURTHER RESOLVED th t the Chairman of 1he Board is
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AND IT IS FURTHER RESOLVED that where the property owner agrees,
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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
easements, and suc!. other legal documents as the Office of the County
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Attorney may require, the Board hereby authorizes the Finance
Department to issul] warrants, payable to the property owner(s) of
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~ecord, in those amounts as shall be specified on a closing statement
,!nd which shall be based upon the ;,ppraisal or staff compensation
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estimate in accordance with this R'solution and the p: ovisions of
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Section 125.355, F:orida Statutes.
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AND IT IS FUR~HER RESOLVED th, t all title to pr~ erties or
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fr~ iescribed above shall be deemed "accepted" by the Board and, as such,
staff is hereby authorized to record in the PUblic Re'ords of Collier
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:ounty, Florida, said easements an such other instru.;,ents as may be
:equired to remove the lien of any encumbrance from t'e acquired
properties.
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AND IT IS IURTHER RESOLVED that the Board has reviewed the Staff
lnalysis regarding alternative location, environmentai factors, cost
'Tariables, safety and welfare consideration as they r,'late to the
~onstruction of the Project and fi ds that the most ff asible location
for the certain non-exclusive, per etual utility ease,'ents and
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temporary construction easements a e described in Exhlbit "A", attached
rereto and incorporated herein.
AND IT IS FURTIER RESOLVED that the construction and maintenance
of the utility imprlvements for th related water pipeline and water
'iell facili tieB are compatible wi tl. the long range planning goals and
Jbjectives of ~he Collier County W2ter-Sewer District.
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AND
FUR~HER RESOLVED that to implement said construction of
the
is appropriate and necessary for the Board to acquire a
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perpetual utility easements and temporary
constructio
described in the attached Exhibit "A", attached
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hereto and
which are necessary for the construc-
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'ter pipelines and water wells for the North Collier
Regional
Treatment Plant Expansion Project.
AND
FURrHER RESOLVED th ,t the County staff is hereby
authorized
immediately acquire 'IY gi ft, purchase 0 . condemnation in
accordance
;hapters 73, 74 and 127, Florida
statutes,
,certain non-exclusiv~, perpetual utilit . easements and
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temporary truction easements being more particularly described in
Exhibit "A", ttached hereto and incorporated herein.
AND FURTHER RESOLVED that no mobile homes.\re located on the
property therefore it will .Iot be necessary
to remove homes from tr l property to be acquired.
This adopted after motion, second and majority vote.
DATED:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, F ''oRIDA",.:A:S';1H.fk'';,:,
GOVERNING BODY OF COLLIER COUNTY ,
AND AS EX-OFFICIO THEiUOVERNING
BOARD OF THE OLL ::ER J::OUN Y WATER-
SEWER D STRI T
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