Resolution 2004-023
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RESOLUTION NO. 2004--2.3..
RESOLUTION NO. CWS.2004- 01
A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF
NON-EXCLUSIVE, PERPETUAL UTILITY AND MAINTENANCE EASEMENTS, TEMPORARY
CONSTRUCTION EASEMENTS, AND ACCESS EASEMENTS FOR THE CONSTRUCTION OF
A SEWER FORCE MAIN, RAW WATER MAINS AND WELL SITES REQUIRED FOR THE
COLLIER COUNTY WATER-SEWER DISTRICT'S SOUTH COUNTY REGIONAL WATER
(SCRWTP) 12-MGD REVERSE OSMOSIS (RO) WELLFIELD EXPANSION PROJECT, PROJECT
NUMBER 70892.
WHEREAS, the Board of County Commissioners, as the Governing Body of Collier and as Ex-
Officio the Governing Board of the Collier County Water-Sewer District, (hereinafter referred to as
"Board"), on February 25, 2003, adopted the 2002 Water Master Plan Update for the County's Water
Service area in order to establish priorities for the design, acquisition, and construction of the various
water capital improvement projects;
WHEREAS, the SCRWTP 12-MGD RO Wellfield Expansion Project, hereinafter referred to as
"Project" is one of the capital improvement projects required under the 2002 Water Master Plan
Update for the County's Water Service area; and
WHEREAS, the Project involves the construction of the sewer force main, raw water mains and
wells that will provide water and sewer to be treated by the SCRWTP; and
WHEREAS, alternate locations, environmental factors, long range planning, cost variables,
concurrence, safety and welfare considerations have been reviewed as they relate to the implementation
of said utility improvements, it has been recommended by County Staff that it is necessary and in the
best interest of Collier County, Florida, to construct the sewer force main, raw water mains and wells
as part of the "Project" as identified on Exhibit "A" attached hereto and incorporated herein by
reference; and
WHEREAS, the design and construction of said utility improvements and related facilities have
been determined by the Board to be necessary and in the best interest of Collier County; and
WHEREAS, the construction of the utility improvements and related facilities contemplated by
the Project are necessary in order to protect the health, safety, and welfare of the citizens of Collier
County by allowing the construction of the raw water mains and the wells.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
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COLLIER AND EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY W ATER-
SEWER DISTRICT, that:
1. The Board has considered the environmental factors, safety factors and fiscal
considerations relating to the final adopted location of the utility improvements and related facilities.
2. The utility and maintenance easements, access easements, and temporary construction
easements acquisitions identified on Exhibit "A" are the most feasible locations, both necessary and
consistent with the project requirements, in order to permit the construction and maintenance of the
utility improvements and related facilities for the Project.
3. The Board has determined that the construction and maintenance of the Project and
related facilities are necessary for a public purpose and is in the best interest of Collier County.
4. The construction and maintenance of the utility improvements and related facilities are
compatible with the long range planning goals and objectives of the Growth Management Plan for
Collier County.
5. It is necessary and in the best interest of Collier County for the Board to acquire the
interests by non-exclusive, perpetual, utility and maintenance easements, temporary construction
easements, and access easements as identified in Exhibit "A"; and County Staff is hereby authorized
and directed to acquire by gift or purchase the non-exclusive, perpetual, utility and maintenance
easements, temporary construction easements and access easements on the properties identified in
Exhibit "A".
6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with
the appraisal firm(s) selected from the list of firms pre-qualified by the Board of County
Commissioners. 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 Project in a timely and cost-
effective manner.
7. The Board hereby formally waives the requirement for a formal, independent appraisal
report for the purchase of a property where the purchase price of the parcel (the compensation due to
the property owner) is less than One Hundred Thousand and 001100 Dollars ($100,000.00). In lieu of
the independent appraisal report, staff is hereby authorized to make purchase offers for the properties,
the dollar amounts of which shall be predicated on "staff compensation estimates" based upon
independent appraisals (and the data therefrom) obtained on similar properties and upon consideration
and application of appropriate market value and cost data pertinent to the subject parcels.
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8. Upon the approval by the County Attorney's Office of all documents necessary for the
subject property acquisition, Real Estate Services' staff is hereby directed to offer immediate delivery
to the respective property owners of the full compensation (as established by the appraisal or staff
compensation estimates), in return for the immediate and proper execution of the respective easements,
or deeds and such 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 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, to remove the lien of any encumbrance and
for any such other purpose as may be required for the acquired utility and maintenance easements,
temporary construction easements, and access easements.
9. In those instances where negotiated settlements may be obtained via the "Donation
Agreement" or "Easement Agreement" mechanism, the Director of the Public Utilities Engineering
Department, or his designee, is charged with the responsibility for completion of various capital
improvement projects, and is hereby delegated the authority to approve the purchase of land interests
above the staff compensation estimate or appraised value and pay normally related costs when 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 compensation estimate
or appraised value is less than Twenty Five Thousand and 00/100 Dollars ($25,000.00) or the current
purchasing limits established by the Collier County Purchasing Department; provided, Project funding
is available.
10. That the settlement approval authority is delegated by the Board in accordance with the
provisions of Chapter 88-499, Laws of Florida.
11. The Chairman of the Board is hereby authorized to execute Easement Agreements and
Donation Agreements where the land owner has agreed to sell the required land rights to the County at
its appraised value or at that amount considered the "Administrative Settlement Amount" as such term
is internally used by the administrative agencies of Collier County.
12. Where the property owner agrees, by sworn affidavit or agreement ("Donation
Agreement" 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 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
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specified on a closing statement and which shall be based upon the appraisal or staff compensation
estimate in accordance with this Resolution, and the provisions of Chapter 88-499, Laws of Florida.
13. All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the Governing
Board of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer
District, and as such, staff is hereby authorized to record in the Public Records of Collier County,
Florida, said easements and such other instruments as may be required to remove the lien of any
encumbrance from the acquired properties.
This Resolution adopted on this
day of
, 2004, after motion,
second and majority vote.
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ATTE~T1\'\lt:J ..e....,
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,D.C.
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,
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, CHAIRMAN
By:
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
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EXHIBIT 1'-
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COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
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PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
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EXIST1NC 170' FPL EASDIEHT
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PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
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MATCH LINE (SEE FIGURE 3)
FIGURE 4
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A PROPOSED 3QO Q 3Q FT
18' Ul1U1Y (ASDlENT
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PROPOSED
WEll. SITE
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WEll. SITE No.2!
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SINGLE POWER POLE
.. DOUBLE POWER POLE
ct
I 40' (TYP)
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I
SINGLE POLE
EAST BOUNDARY OF
ct FPL EASEMENT
42' 55'
7'
... ~ I....
I 170'
DOUBLE POLE
DETAIL COPIED FROM FPL
AS-BUILT DRAWING DATED 2-24-83
ER No. 7159
PROVIDED BY: FPL
NOTES:
1. POWER POLES LOCATED FROM AERIAL PHOTOGRAPH
2. THIS MAP WI>$, PREPARED TO SHOW PROPOSED RAW
WATER TRANSMISSION MAIN IN RELATIONSHIP TO THE
FLORIDA POWER AND LIGHT EASEMENT AND IS NOT FOR
CONSTRUCTION OR PROPERTY RECORDING PURPOSES.
3. PROPOSED WELL LOCATIONS ARE APPROXIMATE. PROPOSED
WELLS WILL BE LOCATED IN EASEMENTS OUTSIDE OF THE
FPL EASEMENT AND SHALL BE A MINIMUM OF 100 FEET
FROM FPL POLES.
GPI..L.V ANCI HAN..N LLD
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD
EXHIBIT \'~ .on
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FIGURE 5
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<<, PROPOSED 16"-30" RAW WATER MAIN I
I I")~PROPOSED ELECTRICAL, INSTRUMENTATION
I or I AND CONTROL CABLES
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I 115'
EXISTING
POWER POLE
40'
LJ
I
I
SECTION A A (TYPICAL SECTION FOR RAW WATER MAIN)
NOT TO SCALE
GR..L.V AND HAN..N LLD
COLLIER COUNTY GOVERNMENT
PUBLIC UTILITIES ENGINEERING DEPARTMENT
PROPOSED SCRWTP WELL FIELD