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Resolution 1989-026/CWS 89-2 FEBRUARY 7, 198~ 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 3 - 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 as the Governing Body of Collier County and as Ex-Officio the Govdrning Board of the Collier County Water-Sewer District (the Board) has made and considered numerous studies concerning the sanit~ry sewage system for portions of the Collier County Water-Sewer District and on 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 desi~n and construction of the "District 3 - 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 for the construction, installation, operation and main~enance 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 3 - East and South Naples Sanitary Sewer System" area is necessary to protect and prevnnt 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 GOVERNING 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 3 - East and South Naples Sanitary Sewer Area", which area is ;::::::; d~t?/ ~ /- /T. a ~, ~._'""'--'~--'"----.._--,-.~"_.~~-._. FEBRUARY 7, 1989 legally described in the attached Exhibit "A", is necessary for a pUblic purpose and is in the best interests of Collier CountYI AND IT IS FURTHER DETERMINED AND RESOLVED that to implement said construction it is necessary for the Board to acquire by gift, purchase or 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 co,"posite Exhibit "B" as pipeline or pumpstation easements. AND IT IS FURTHER RESOLVED that the County staff is authorized to immediately acquire by gift, 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 3 - 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 adopted DATED :-7l-.../~ )'1. /0;- p/ ,.,!"IILl,ATTEST:--- ~-- ---7 ,.."<'<' ':;'..Joo.s C. GILES, Clerk ..."~~~ after motion, second and majority vote. 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 OF ::~M~A BURT L. SAUNDERS, Chairman "'" ......... Approved as to form and legal sufficiency: ~~~tot A. (;v LA Kenneth B. Cuyler County Attorney :t)~3/- fl.~J. 7 .--.- _'-"'-'~____~'.~..^_..u_,".__".,__.". _~,__", _ _ ' 'w. ~..., ; . ,:~ - '''' .~\.. 1\;" ~\f~" ~:~ .~.~~) ',';' ,f ~~. I"'i: i ,.~::. "l-. ~K' ::~, Ii.: ~:l.: ll!' 'J,1'; ..., ~ ' ~~:' FEBRUARY 7, 1989 EXHIBIT "A" " DISTRICT 3 - EAST AND SOUTH NAPLES SAlUTARY SEilER SYSTEl1 The Lost and South Naples Sanitary Sever System Assessment District 3 for' the installation and constructiong of sevage collection lincs~ facilities and ancil~ary equipment all lying vi thin Seotlon 35, Tovnshlp 50 South, Range 25 East, Collier County, Florida, consisting of the folloving described ~reast The North 1/2 of Seotion 35, Tovnshlp 49 south, Range 25 East, Collier Couhty, Florida; ... .' LESS that part of said Seotion 35 lylngV1thln and North of that dia!n~ge eas~lUent ;'. '.".:' as desorlbed In O.R. Book 121, page 159; , ALSO LESS " East Naples Industrial Park accotdIng~the plat thereof as recorded In P.B. . I 10, pages 114-115, Collier County Publlo Reoords, Collier County, Florida; ALSO LESS River Reaoh aooording to the plar-thereof as reoorded in P.B. 14, pages 23 through 25 Collier County Publlo Reoords, Collier County, Florida; l. :.~ ." 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