Resolution 1997-288
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RESOLUTION NO, 97, 288
168
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A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OF
PERMANENT DRAINAGE EASEMENTS TO COMPLETE THE S. R 29 -
IMMOKALEE DRAINAGE CANAL.
WHEREAS, the property owners affected by the S. R 29 - Immokalee Drainage Canal
have requested that Collier County improve the canal to allow free flowing water, thereby
improving the drainage flow and prevent flooding;
WHEREAS, the property owners with private culvert crossings (except one {1} which
will be improved by the Big Cypress Basin, if a drainage easement is conveyed to Collier
County, and if funds of $5,760 which will be paid by Ihe property owner for Ihe culverts),
which run from the respective privately owned real property, over, above andlor across the
S. R-29 - Immokalee Drainage Canal 10 the opposite side, have contributed $28,608.00
towards the costs of replacing existing pipes located under the private culvert crossings;
WHEREAS, the private culvert crossings are dilapidated, rusted-out, have in the past
collapsed into the S. R-29 - Immokalee Drainage Canal, and thereby, obstructed the flow of
waters and caused flooding upstream or are of such inadequate capacity that during a peak
slorm flow, will collapse;
WHEREAS, in such event, Ihese collapsed structures will, as other similar collapsed
structures in the SR-29 - Immokalee Drainage Canal have done in the past, obstruct,
impede, and/or block the flow of high waters, to such extent that flooding upstream would
occur, as it has in the past, necessitating evacuation, and additionally cause destruction to
crops, to home, and to the overall health, safety, and welfare of the residents of Immokalee;
WHEREAS, the real property owners and the County are desirous of purchasing new
culvert crossings to replace the old culvert crossings in order to enable the Stormwater
Management Department system to belter protecUpreserve the public's health, safety, and
welfare; and
WHEREAS, in order to open the flow of water prior to the rainy season of 1997, the
Stormwater Management Department is requesting donation of the permanent drainage
easements for the private culvert crossings and the canal from the property owners;
WHEREAS, the Board of County Commissioners recognizes that the expeditious
acquisition of the required permanent drainage easements are important to maintain the free
flow of water and prevent flooding.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
1. The Stormwater Management Department improvements, which includes, but
are not limited to, the re-building of private culvert crossings, the removal and clearing of any
Pagel
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brush, trees or debris necessary to open the flow of water, and any olher improvements
necessary for the S. R 29 - Immokalee Drainage Canal, as identified in Exhibit "A", attached
hereto and made a part hereof, are necessary and in the best interest of the citizens of
Collier County, Florida.
2. Staff is hereby authorized to acquire permanent drainage easements from the
affected property owners by gift only.
3. Collier County hereby accepts the funds of $34,368.00 for the replacement of
the culvert crossings submitted or to be submitted by the property owners.
4. The property owners are and shall be responsible for the maintenance and
replacement of the private road"o-Nays over the culvert crossings. If the culvert crossings
require replacement in the future, Collier County shall seek contributions for costs of the
replacement struclure from the property owners.
5. Collier Counly shall be responsible for the maintenance of the permanent
drainage easements.
6. The Board of County Commissioners 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, for any purpose as required for
the acquisition of the permanent drainage easements or any other documents necessary for
the completion of this project.
7.
All tille to the permanent drainage easements obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, the
governing body of Collier County, Florida, a political subdivision of the State of Florida, and
staff is hereby authorized to record in the Public Records of Collier County, Florida, said
permanent drainage easements and such other instruments as may be required to remove
the lien of any encumbrance from the acquired permanent drainage easements.
This Resolution adopted this ~ day of '", ('.
second and majority vote
, 1997, after motion,
DATED:
; If!
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, SLERK
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De'puty Clerk
By:
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Approved as to form and
legal sufficiency:
H~~Y i~s~t;~Vl1- ~
Assistant County Attorney
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EXHIBIT "A"
CAN BE SEEN ON
MICROFILM IN
THE MINUTES AND RECORDS
DEPARTMENT
FOURTH FLOOR ADMINISTRATION
BUILDING
COLLIER COUNTY
GOVERNMENT CENTER