Resolution 1992-159
RESOLUTION NO. 92- 159
MARCK 3. 1992
A RESOLUTION AUTHORIZING THB ACQUISITION OF
PERPETUAL ROAD RIGHT-OF-WAY, UTILITY,
DRAINAGB AND MAINTBHANCE BASEMENTS WITHIN
THE NAPLES PRODUCTION PARK MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT WHICH
EASEMENTS ARB NECESSARY FOR THB CON-
STRUCTION AND MAINTBHANCE OF ROADWAY,
U'l'ILITY AND DRAINAGB IMPROVEMENTS AND
FACILITIES.
WHEREAS, the Board of County commi..ion.r. of Co11i.r
adopted Collier County ordinance No. 85-19
',on Auqust 6, 1985, cr.ating the Naples Production Park
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~'Kunicipal s.rvic.. Taxing and B.n.fit Unit (Unit), providing
~or the construction of a.....abl. improv81ll.nt., e.tablishing
........nt. against ben.fited properti.., providing for the
,issuanc. of a.......nt bonc1a and ..tabli.hing a method of
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'collection of the SPecial a.......nts; and
WHEREAS, the Board adopted ordinanc. No. 88-23 on February
1988 which e.tabli.hed the procedure for the creation of
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Inmlcipal .ervice benefit units, provided for the levy and
collection of .pecial a.......nts and provided that all special
.1' .
..... .
~..s....ent. .hall constitute a lien upon the property assessed;
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WJIERBAS, the Board adopted Re.olution No. 90-409 on August
:,1, 1990, confir1aing the creation of the Naple. Production Park
lMUnicipal Service Taxing and Benefit Unit and providing that
rthe as.essm.nt procedure. .hall be levied and imposed pursuant
to COlli.r County ordinance No. 88-23; and
WHEREAS, the Board adopted Resolution No. 90-410 on August
1990, confirming the appointment of the Naples Production
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tParJt Managem.nt Committee for the purpose of insuring timely
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,iand appropriate cOJIpl.tion of project objectiv..; and
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" WHEREAS, the Board adopt.d R.solution No. 90-411 on August
". 7, 1990, initiating a proqraa for the purpose of providing
'potable water, .anitary .ewer, road and drainage improyement.
: ,'In "the Napl.. Production Park Municipal Service Taxing and
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.~:,.Benefit Unit; and
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:.0;'::. ',JfHEREAS, the Board authorized the engineering design and
:1".-.,'. .
..!ccmauuction of the potable water system, sanitary sewer
.facilities, road, drainage and maintenance improvements; and
WHEREAS, the Board has entered into an engineering
contract with wilson, Miller, Barton, Soll and Peek, Inc. to
-"of
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Prepare the engineering design plans for a potable water sys-
~, sanitary sewer facilities, road right-of-way, drainage and
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/~"f uintenance improvements for the Unit; and
c WBERBAS, alt.rnate locations, .nviroma~ntal factors, long
lIF
~;i-anqe planninq, co.t variables and saf.ty and welfare consider-
tlons have be.n reviewed for the perpetual road right-of-way
.
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:'u....nu, utility ea....nt., drainage .a...ent. and main-
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. ,~:. tenance eas..ents vbich relate to the implementation of
drainage and maintenance improv81llents and
, WHEREAS, it has been recoaended by County staff that the
perpetual utility ea...ent described and identified in Exhibit
. ,-A- , attached hereto and incorporated herein, is the most
location to construct and install a utility facility;
WHEREAS, it is necessary to obtain a perpetual utility
.....ent for the construction, installation and maintenance of
a utility facility; and
:(
/', WHEREAS, the construction of the utility improvement and
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facility within the Unit is necessary to protect the health,
safety and welfare of the citizens of Collier COunty.
HOW, 'l'HEREPORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board has
if
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,':.determined that the construction of the utility improvement and
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; facility within the Unit is necessary and in the best interest
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. . of COllier County.
AND IT IS FURTHER RESOLVED that the Board has determined
.~ that the acquisition of the perpetual utility easement" as
:~; described and identified in Exhibit "A", attached hereto and
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;,.. ''V~t
MARCH 3, ~992
rporated herein, is in the County'. best interest and in
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the ~t economically feasible location in order to permit the
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~ction an4 installation of the utility facility.
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,.~ AJm IT IS tUkTHER RESOLVED that the Boar4 has con.idered
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",-, !. environmental factors, safety factors and cost factors
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.iatin9 to the acquisition of the required utility easement,
and that the construction and installation of the utility
for developments of th~s nature in Collier
AHD IT IS ttJ~HER RESOLVED that it i. necessary for the
,
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Board to acquire by gift, purchase or condemnation a perpetual
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1~111ty .a....nt for the construction of a utility improvement
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facility within the Unit.
....~
." . AHD IT IS l"UKj;'lS~ DBTERMINED AND RESOLVED that the County
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staff is authorized and directed to immediately acquir. by
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9ift,' purchase or condanation in accordance with the pro-
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.i.iona of Chapter. 73, 74 and 127, Plorida Statutes, the
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'p8rpetual utility easement which is more particularly described
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. identified in Exhibit -A-, attached hereto and incorporated
:.....
herein, for the purpose. of construction, installation and
..intenance of the utility facility within the Unit.
AHD IT IS l"UK.I:lSJ:;I( 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
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".11 000 PACt 27
. This Resolution adopted after motion, second and majority
MARCH 3, 1992
: March 3, 1992
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By. ~ lJ~~~
MICHAEL J. LPB
CHAIRMAN
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"II 000 'a~E 28