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Resolution 1996-472 ~ OCT 1 5 1996 RESOLUllON NO. 96- 472 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT, PURCHASE OR CONDEMN A TION OF A TEMPORARY DRAINAGE EASEMENT TO COMPLETE THE NAPLES PARK AREA DRAINAGE IMPROVEMENT MUNICIPAL SERVICE BENEFIT UNIT PROJECT. WHEREAS, on July 16, 1996, the Board of County Commissioners adopted Resolution No. 96-311 repealing Resolution No. 95-476 creating the special assessment district for the Naples Park Area Drainage Improvements Municipal Service Benefit Unit encompassing all the properties benefiting from the improvements; and WHEREAS, on July 16, 1996, the Board of County Commissioners adopted Resolution No. 96-312 initiating a program for the purpose of providing stormwater drainage improvements and Resolution No. 96-313 setting the date, time and place for the public hearing on the tentative assessment roll for the Naples Park Area Drainage Improvements Municipal Service Benefit Unit; and " WHEREAS, on September 3, 1996, the Board of County Commissioners adopted Resolution No. 96-402 approving the plans, specifications, estimated costs and tentative assessment roll for the Naples Park Area Drainage Improvements Municipal Service Benefit Unit; and WHEREAS, the staff has recommended that it is necessary and in the best interest of Collier County, Florida, to acquire a temporary drainage easement which is required and necessary to provide an adequate outlet for the North Drainage Basin north of 111 th Avenue and to complete the Naples Park Area Drainage Improvements Project; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION- ERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board that the construction of the stormwater drainage improvements for the Naples Park Area Drainage Improvement Municipal Service Benefit Unit is necessary to protect the hcalth, safety and welfare of the Citizens of Collier County and is in the best interest of Collier County. AND IT IS FURTHER RESOLVED that the Board has reviewed Stall's analysis regarding alternative location, environmental factors, cost variables, safety and welfare consideration as they relate to the construction of the Project and finds that the most feasible location for that certain temporary drainage easement is described in Exhibit "An, attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that the construction and maintenance of the drainage improvements for the Project is compatible with the long range planning goals and objectives of Collier County. l, OCT 1 5 1996 AND IT IS FURTHER RESOLVED that to implement said construction of the Project it is appropriate and necessary for the Board to acquire a Temporary Drainage Eascment as describcd in the attachcd Exhibit" A n, attached hereto and incorporated herein, which is necessary for the construction of the drainage improvements north of 111 th Avenue for the Naples Park Area Drainage Improvements Municipal Service Benefit Unit. AND IT IS FURTHER RESOLVED that County staff is hereby authorized and directed to acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes that certain temporary drainage easement being more particularly described in Exhibit" An, 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 this & day of a~ , 19$ ; after motion, second and majority vote. DATED: /c::~-/J BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ~, ATTEST: DWIGHT E. BROC? ~. "4f""".J ;; vt. / '. , / <.- Approved as to form and legal sufficiency: ~,r;L j Aflllfi H lDI F. ASHTON Assistant County Attorney :::!al\GNOLI .12".~n li~::IDARBER & ......m ....... PIN ...... RUNDAGE.INC. arce o. 101 rll,ft'~"iunJI(f1~nC'('n.r1allnno;&bnJmr"l"plrs Folio No. 00156800002 DESCRIPTION OF A TEMPORARY DRAINAGE EASEMENT OCT 1 5 1996 OVER AND ACROSS ALL THAT PART OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA. " COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE SOUTH 89053'44" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 21 A DISTANCE OF 1313.79 FEET, THENCE LEAVING SAID SOUTHERLY LINE NORTH 00006'16" WEST A DISTANCE OF 40.00 FEET TO THE NORTHERLY RIGHT-OF- WAY LINE OF I I ITH AVENUE AND THE POINT OF BEGINNING OF THE EASEMENT HEREIN BEING DESCRIBED; 0" THENCE SOUTH 89053'44" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 110.13 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 02049'59" WEST A DISTANCE OF 738.59 FEET; THENCE NORTH 01013'03" WEST A DISTANCE OF 547.76 FEET; THENCE NORTH 3 1053'43" WEST A DISTANCE OF H) I.53 FEET; THENCE NORTH 53016'12" WEST A DISTANCE OF 368.89 FEET; THENCE NORTH 51058'20" WEST A DISTANCE OF 381.52 FEET; THENCE NORTH 38001 '40" EAST A DISTANCE OF 106.76 FEET; THENCE SOUTH 51043'08" EAST A DISTANCE OF 148.53 FEET; THENCE NORTH 38001'40" EAST A DISTANCE OF 33.90 FEET; THENCE SOUTH 5 I 058'20" EAST A DISTANCE OF 232.99 FEET; THENCE SOUTH 49013'06" EAST A DISTANCE OF 492.03 FEET; THENCE SOUTH 01004'43" EAST A DISTANCE OF 638.80 FEET; ~, THENCE SOUTH 02049'59" EAST A DISTANCE OF 743.05 FEET TO THE POINT OF BEGINNING OF THE EASEMENT HEREIN DESCRIBED: CONTAINING 5.9 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. R & BRUNDAGE, INC. ENGINEERS, PLANNERS & LAND SURVEYORS t~ - GUY . AD , P.L.S. NO. 4390 REF: ABB ~RAWING FILE NO. 5306 TEMI WP-09-676J(j.DES IOF2 Abin Officc:.7100 T:'lIl1i:lIlli 'Ihil ~.. Suite 2UO, Nark'''' FlnriJa .'-'96.1 . (9-11) 597.;\111' h\X: (94 t) 56().220J Lee County. 1625 I IcnJry St.. Suite 101, FurtM)'c:r",Hc1riJ.3 33901' (941}33".117.~. 1::\.:<: (941) 334.1175 EXHIBIT "A" Page I of 2 l. S' .Iv s/. () "'",- "...)'. .\i ~s 0",_ ,()~ o,() .Iv ~ (' ')'0 'J' .~() ~ '> .()~ 'I'" S' ')'b()",. s/. " ~ .,oJ s"" l' ""&.,00_ ~ Vl N JI'5J'4J-W 9 9 -l c:\ 101.5J l.o ... 0 .... l.o l.o . r.; ::i: '" '" l.o ... ", :--I Cl> ..., 0 '" 111TH AVE. S 89'5J'44"W 110.13 ,...-............ :;t:t..: It}!': .., JOO I OC1 1 5 1996 N o o 150 JOO ~ SCALE: I" = JOO' TEMPORARY ORAINAGE EASEMENT z Vl 0 0 '" '" ... ,: <0 <0 u; u; <0 <0 , . ::i: '" ..., POB l.o Cl> '" <0 o ...0 9d 0'" 0_' '" . ::i: for: EXHIBIT "AIf Page 2 of 2 COLLIER COUNTY. FLORIDA title: NORTHERLY RIGHT-OF WAY LINE W 1 ...,.-........,... :;t:t..::U:',' ...... NOT A SURVEY project: NAPLES PARK DRAINAGE EASEMENT REV. SKETCH 4c DESCRIPTION OF TEMPORARY DRAINAGE EASEMENT ....~ I::: NOll ..... I:::: ~ER Ie ...... :::::. RUNDAGE.-. Prof...lonal en(lneer., plannen. . land .uneyon c.as. c:-a" ....... lOt, 7401 T...... TnIL, JI&wGo; ........ n. DMS (NI)GI'I'-JIH &.. c..", au.. 101. I" ....,...... Pw1. ~ "' __ (NI):Sn-11I1 Pur (NI)oN-_ dote: SEPTEMBER 29,1995 SEP T. JO, 1996 PAGE 2 OF 2 scale: I" = JOO' project no.: J687-1 book: page: acad: 5JD6-SD tech: 5226 " John C. Norri, O;s,,;ct 1 Timothy L. H.ncock, Alep Oi5l1ict2 Timothy J. eon_tine O;s,,;ct 3 Pamela S. MacKie District 4 Betty< J. Matthews O;s,,;ct 5 P4~o/~Jw ~~p ~~j~ 3301 East Tamiami Trail. Naples, Florida 33962-4977 (813) 774.8097 . Fax (813) 774-3602 November I, 1996 Mr. Dwight Jenkins South Florida Water Management District P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 RE: Declaratory Statement Requested by Collier Developrnen! Corporation for the Beachway Project Relating to Water Quality Impacts from Naples Park Subdivision Dear Mr. Jenkins: Collier County has initiated construction of the Naples Park Drainage Improvements project (South Florida Water Managernent District Pennit No. 11-00573-2). The County has requested that the COllier Development Corporation (CDC) grant temporary drainage easements for construction of the improved outfall ditch from Naples Park north of I I I th Avenue North. These temporary easements would be transferred to permanent easements at the time that CDC develops the parcel which contains the ditch. I understand the CDC has hesitated granting the County the ternporary drainage easements pending the resolution of a request for a Declaratory Statement on the water quality impacts that stormwater from the Naples Park subdivision may have on their future development of the referenced parcel. It seerns to me that if discharging the Naples Park stormwater through the enlargement of the existing ditch is allowable, then the incorporation of the stormwater runoff through a stormwater management systern would be even more desirable. This would: t'~ I. Optimize coordination between public and private stormwater conveyance systems 2. Eliminate unnecessary duplication of facilities, and ' 3. Provide for enhanced land use planning and esthetics. "I This concept of passing off site /low through a development's lake system jas been utilized in other locations in Collier County and seems to work quite well. It is very important that we secure the necessary drainage easement by mid-November in ""~" m~ 00' ro~ru.;" ood fu..", ,bjOdim. T, d.", ," coe ... r . go,d