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Resolution 2002-319 16C5 RESOLUTION NO. 2002 -11 q RESOLUTION NO. CWS-2002- 02 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFf OR PURCHASE OF FEE SIMPLE TITLE INTEREST AND/OR NON-EXCLUSIVE, PERPETUAL, UTILITY INTERESTS BY EASE.MENT FOR THE CONSTRUCTION OF PIPELINE AND PUMP STATION SITES REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT SANTA BARBARA SEWER FORCE MAIN INTERCONNECT PROJECT BETWEEN THE NORTH AND SOUTH W ASTEW ATER COLLECTION SYSTEMS. 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 December 11, 2001, adopted the 2001 Wastewater Master Plan Update for the County's Sewer Service area in order to establish priorities for the design, acquisition and construction of the various wastewater capital improvement projects; and WHEREAS, the Santa Barbara Sewer Force Main Interconnect Project between the North and South Wastewater Collection Systems, hereinafter referred to as "Project", is one of the wastewater capital improvement projects required under the 2001 Wastewater Master Plan Update for the County's Sewer Service area; and WHEREAS, the Project involves the construction of a force main and pump stations that will allow wastewater flow to be transferred between the North County Water Reclamation Facility, hereinafter referred to as "NCWRF" and the South County Water Reclamation Facility hereinafter referred to as "SCWRF"; 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; and it has been recommended by County Staff that it is necessary and in the best interest of Collier County, Florida, to construct the force main and pump stations 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 wastewater flow to be transferred between the NCWRF and SCWRF and will I .1- -Page 1- 16C5 assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-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 interests by easement 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 utility interests by fee simple title interest and/or non-exclusive, perpetual, utility interests by easement identified in Exhibit "A"; and County Staff is hereby authorized and directed to acquire by gift or purchase the fee simple interest and/or non-exclusive, perpetual, utility interests by easement 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 00/100 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 -Page 2- I 16C5 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. 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject property acquisition, Property Acquisition & Construction Management 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 interests by easement or fee simple. 9. In those instances where negotiated settlements may be obtained via the "Purchase 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 Purchase 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 ("Purchase 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 or fee simple title, and such -Page 3- 1 1_- 16C5 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 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 or fee simple title and such other instruments as may be required to remove the ATf,liS'f':o""", ~-IPBf.:t.!~>>PCK, CLERK (;.f~S~i\ f)(' ~,~.~ .... c> .~...., ~,". eputy erk , . I . ". ,~r., ....:-i.:.~..~,~.:~~~Attest IS to Chail"llln.s s 19nature only_ lien of any encumbrance from the acquired properties. THIS RESOLUTION ADOPTED on this ?1i!:day of ~, 2002, ' after motion, second and majority vote. V ~ .,1'''')''';" ~/~~':~:~~ "IS~;.~,: '.'>,.... BOARD OF COUNTY COI\<f~SSION'eR;~ OF' '. COLLIER COUNTY, FLO~If.)A, AS THE. " GOVERNING BODY OF CPi,.LrER C:OUNTY .. :: AND AS EX-OFFICIO nm. GOVERNING.f BOARD OF THE COLLIER~t;qU'NTY W A 'fER/' SEWER D1STRI T """ .' ,.", 'I"J Ildll"\""" By: J S N. COLETTA, CHAIRMAN 7/30;b.2 Approved as to form and ~V~ Ellen T. Chadwell Assistant County Attorney -Page 4-