Resolution 1989-025/CWS 89-1
FEBRUARY 7, 1989
RESOLUTION NO. 89-~
RESOLUTION NO. CWS-89-~
A RESOLUTION AUTHORIZING THE ACQUISITION OF PERPETUAL
NON-EXCLUSIVE UTILITY EASEMENTS AND TEMPORARY
CONSTRUCTION EASEMENTS BY GIFT, PURCHASE OR
CONDEMNATION, WITHIN THE "DISTRICT 1 - EAST AND SOUTH
NAPLES SANITARY SEWER SYSTEM" AREA OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, WHICH ARE NECESSARY
FOR THE CONSTRUCTION OF THE SANITARY SEWER SYSTEM.
WHEREAS, the Board of County Commissioners ~s the Governing
Body of Callier County and as EX-Officio the Gov~rning Board of the
Callier County Water-Sewer District (the Board) has made and
considered numerous studies concerning the sanitary sewage system
for portions of the Collier County Water-Sewer District and an
October 6, 1987 entered into an Engineering contract with Hole,
Montes & Associates to design a central sanitary sewer system for a
portion of the Collier County Water-Sewer District; and
WHEREAS, the Board has authorized the design and construction
of the "District 1 - East and South Naples Sanitary Sewer System"
within a portion of the Collier County Water-Sewer District; and
WHEREAS, it is necessary to obtain perpetual non-exclusive
utility easements far the construction, installation, operation and
maintenance of the sanitary sewer system facilities and temporary
construction easements for the purpose of constructing the sanitary
sewer facilities; and
WHEREAS, the Board accepted an EPA grant on October 25, 1988
for the construction the sanitary sewer system; and
WHEREAS, an EPA loan commitment was received by the Board on
December 21, 1988.as financial assistance in constructing the
sanitary sewer facilities; and
WHEREAS,. the construction of a sanitary sewer system in the
"District 1 - East and South Naples Sanitary Sewer System" area is
necessary to protect and prevent harm to the.health, safety and
welfare of the citizens of Collier County, Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVE~~ING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, that it is the jUdgment of said Board
that the construction of the sanitary sewer system within "District
1 - East and South Nap~ Sanitary Sewer Area", which area is ,-VI
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FEBRUJl.RY 7, 1989
legally described in the attached Exhibit "A", is necessary for a
public purpose and is in the best interests of Collier County;
AND IT IS FURTHER DETERMINED AND RESOLVED that to implement
said constl:uction it is necessary for the Board to acquire by qift,
purchase OJ: condemnation the estates and interests more particularly
described in the attached composite Exhibit "B", attached hereto and
incorporated herein, and with further particularIty said estates and
interests are hereby described to be perpetual non-exclusive utility
easements as to those easements described in comr,osi te Exhibit "B"
as pipeline or pumps tat ion easements.
AND IT IS FURTHER RESOLVED that the County staff is authorized
to immediately acquire by qift, purchase, or condemnation in
accordance with the provisions of Chapters 73, 74, 127 and 153-Part
II, Florida Statutes, the perpetual non-exclusive utility easements
for the construction, installation, operation and maintenance of the
sanitary sewer facilities and temporary construction easements for
the purpose of constructing sanitary sewer facilities within the
perpetual non-exclusive utility easements, that are located within
"District 1 - East and South Naples Sanitary Sewer System" area of
the Collier County Water-Sewer District and which are more
particularly described in the attached composite Exhibit "B",
attached hereto and incorporated herein.
AND IT IS FURTHER RESOLVED that no mobile homes are located on
the property sought to be acquired and therefore it will not be
necessary to remove any mobile homes from the property to be
acquired.
This Resolution adapted after motion, second and majority vote.
DATED:-a~, 1. If!'}
ATTEST: -. . cf
..... ":@~.?::C" GILES, Clerk
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Approved as to farm and
legal sufficiency:
~waJ;g. ~.IL.
Kenneth B. Cuyle
County Attorney /J 3/-..d. ~
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY, AND AS EX-OFFICIO THE
GOVERNING. BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT C~
COLLIER COUNTY, FLORIDA
BY:~.'
T L. SAUNDERS, Chairman
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