Agenda 01/25/2011 Item #10L
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1/25/2011 Item iO.L.
EXECUTIVE SUMMARY
Recommendation to adopt a resolution seeking authority to acquire by gift or purchase those
perpetual and temporary easement interests necessary for the construction of stormwater
improvements for the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project.
(project No. 51101.) Estimated fiscal impact: $1,556,500.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of those perpetual
and temporary easements necessary for the construction of stormwater improvements known as the
Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project. (LASIP.)
CONSIDERATIONS: This item was originally brought before the Board of County Commissioners for
consideration at its regular meeting on January 11th, 2011 where certain questions were raised regarding
the cost of the project, the width of the canal, whether any structures were included in the new easement
areas, and why additional right-of-way was required along only a portion of the north side of Outfall 4.
More information on the estimated cost of the project has been provided under the Fiscal Impact seet:ion
(below).
First of all, with respect to the cost of the project, one must understand that the proper compensation for
the taking of perpetual drainage easements is tantamount to full market value because an easement within
which the County may construct a canal and a maintenance pathway basically deprives the property
owner all beneficial use and enjoyment of the encumbered property. So, from that standpoint it is just as
expensive as purchasing right-of-way for highway construction.
Secondly, the width of the canal is determined by the anticipated peak flow volume of stormwater, the
desired life cycle of the improvements being constructed, as well as the future maintenance costs. These
factors, in part, determine the canal cross-section, and constituted the primary reason that some easements
were required along only a portion of the north side of Outfall 4. The existing canal bank along the north
side of Outfall 4 was quite steep through that section and was located outside the existing 30 foot wide
platted drainage easement. Therefore, construction of a proper slope on the canal bank was necessary to
insure the long term integrity of the canal function (i.e., to prevent ~ collapse of the bank into the canal),
and to ensure that the north bank could be properly maintained. Since this needed to be accomplished as
an integral part of the project anyhow, it enabled the engineers to shift the entire cross-section to the north
at these locations thereby minimizing acquisition and mitigation costs along the south side of the canal.
No structures are being taken along the north side of the canal. The scale of the aerial photograph used in
the previous presentation to the Board was such that, in order for the proposed easement line to be visible
and distinct from the existing easement line, it only appeared to impact existing structures.
The Board of County Commissioners has clearly stated its concern over the extreme flooding issues
during the rainy season in the East Naples area. The Lely Area Stormwater Improvement Project has
been in the design and permitting phase for 18 years. During this period, a significant amount of time and
effort has been spent on the analysis of dozens of considerations resulting in LASIP's final alignment.
This alignment is based on the natural overland flow of stormwater working in concert with existing
wetlands as well as existing ditches and canals constructed many years ago. The majority of this fmal
alignment is in the same location as the existing ditches and canals. LASIP will deepen and widen these
existing facilities providing the ability to drain the abundant stormwater we receive in the rainy season
and to retain the limited stormwater that falls in the dry season.
The natural direction of sheet flow in the LASIP area is in a generally southwest direction toward the
coastal zone and the headwaters of Sandhill and Rookery Bays. Nearly all of the existing conveyance
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1/25/2011 Item 10.L.
ditches and public canals previously constructed within the LASIP area since the 1950's have been
"designed" to convey water to the south and to the west. Eighteen years of analysis has revealed that the
most viable approach to construct stormwater improvements within the area is to follow these existing
conveyance alignments. Since the entire LASIP area is virtually at "build-out," any alternative alignment
would have serious negative and costly real estate impacts. The only practical method for increasing
stormwater discharge and alleviating flooding is to widen the existing ditches and canals. However, these
ditches and canals must be enlarged in order to accommodate the increased volume of storm water
draining through them.
The attached map shows the location of the Outfall 3 and Outfall 4 easement acquisition for which this
authorization is being sought. The various easement interests necessary to complete these segments of
LASIP are drainage easements, drainage, access and maintenance easements and temporary construction
easements.
FISCAL IMP ACT: The cost of acquiring the easements necessary to complete these segments of
LASIP is estimated to be $1,556,500. This amount includes not just the direct cost of all easements
required for construction; it also includes an estimate of severance damages to remaining properties
caused as a result of the part taken to construct the project, as well as all expenses for title work, real
estate appraisals, and those expenses, such as property owner attorney fees and expert witness fees, which
the County is required to pay according to Sections 73.091 and 73.092, F.S., and the costs related to
condemnation when necessary. Of course, to the extent settlements are achieved in lieu of litigation, this
figure may be reduced significantly. All such payments will be made from the Stormwater Capital
Improvement Fund 325 under the Lely Area Stormwater Improvement Project, Project No. 51101. The
balance of funds necessary will be programmed into the project as the multi-year acquisition effort
proceeds. Source of funds is Ad Valorem taxes.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is
legally sufficient for Board approval by simple majority vote. RNZ
GROWm MANAGEMENT IMPACT:
Growth Management Plan.
This recommendation is consistent with the County's
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this Executive
Summary.
Prepared By: Robert Bosch, ROW Coordinator - Transportation Engineering.
Attachments: 1) Gift and Purchase Resolution with Exhibit; 2) Vicinity Map, 3) Outfall 4 Cross-Section
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1/25/2011 Item 10.L
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COLLIER COUNTY
Board of County Commissioners
Item Number: 10.l.
Item Summary: Recommendation to adopt a resolution seeking authority to acquire by
gift or purchase those perpetual and temporary easement interests necessary for the
construction of stormwater improvements for the Outfall 3 and 4 segments of the Lely Area
Stormwater Improvement Project. (Project No. 51101.) Estimated fiscal impact: $1,556,500.
(Jay Ahmad, Director, Transportation Engineering)
Meeting Date: 1/25/2011
Prepared By
Name: LynchDiane
Title: Administrative Assistant
1/13/201111:11:03 AM
. Approved By
Name: PutaansuuGary
Title: Project Manager, Principal,Transportation Engineer
Date: 1/13/201111:26:11 AM
Name: TaylorLisa
Title: Management/Budget Analyst, Transportation Administr
Date: 1/13/201111:44:24 AM
Name: HendricksKevin
Title: Manager - Right of Way, Transportation Engineering
Date: 1/13/201111:44:38 AM
Name: BetancurNatali
Title: Executive Secretary, Transportation Engineering & Construction Management
Date: 1/14/2011 9:06:22 AM
Name: AhmadJay
Title: Director - Transportation Engineering,Transportation Engineering & Construction Management
Date: 1/14/2011 1:32:56 PM
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Narne:FederNonn
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1/25/2011 Item 10.L.
Title: Administrator - Growth Management Div, Transportati
Date: 1/14/2011 4:06:20 PM
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~arne:ZacharyRobert
Title: Assistant County Attorney,County Attorney
Date: 1/18/201112:16:53 PM
~arne: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 1/18/2011 5:03:01 PM
~arne: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 1/19/20119:14:21 AM
~arne: KlatzkowJeff
Title: County Attorney,
Date: 1/19/2011 9:27:26 AM
~arne: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 1/19/201112:36:06 PM
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~arne: OchsLeo
Title: County Manager
Date: 1/19/2011 12:58:53 PM
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1/25/2011 Item 10.L.
RESOLUTION NO. 2011-
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR
PURCHASE OF THOSE PERPETUAL AND TEMPORARY EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
STORMWATER IMPROVEMENTS KNOWN AS THE OUTFALL 3 AND 4
SEGMENTS OF THE LELY AREA STORMWATER IMPROVEMENT
PROJECT. (pROJECT NO. 51101.)
WHEREAS, on June 8, 2004, the Board of County Commissioners of Collier County,
Florida adopted Resolution No. 2004-205, authorizing the acquisition by gift or purchase of land
and easements required for the construction of stormwater improvements known as the Lely
Area Stormwater Improvement Project ("LASIP"), located in east Naples; and
WHEREAS, since the adoption of the aforesaid resolution several segments of the LASIP
project have been designed and permitted, the land and easements have all been acquired, and in
most cases the construction has already been completed; and
WHEREAS, plans and specifications have been prepared for construction of stormwater
improvements known as the Outfall 3 and 4 segments ("Outfalls 3 and 4") of LASIP, which
require easements to be acquired before construction may begin; and
WHEREAS, estimates of the cost of easement acquisition required for Outfalls 3 and 4
have recently been completed; and
WHEREAS, the Board of County Commissioners, after considering the current estimated
cost of acquiring the property rights necessary to begin construction on Outfalls 3 and 4, desires
to reaffirm the delegation of authority to acquire said easements by gift or purchase; and
WHEREAS, the acquisition of the easements and the construction of Outfalls 3 and 4,
within the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is in the
best interests of the citizens of Collier County.
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1/25/2011 Item 10.L.
1. The Board has determined that construction of stormwater improvements known as the
Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, Project No. 51101,
is necessary and is in the best interest of the citizens of Collier County.
2. The acquisition of various easement interests required for the construction of the Project
is an integral part of the County's long range planning effort, and is included in the Capital
Improvement Element. of the Collier County Growth Management Plan, as approved by the
Florida Department of Community Affairs.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of Drainage Easements, Drainage Access and Maintenance Easements, and
Temporary Construction Easements to enable construction of stormwater improvements known
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as the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, within the
Project boundaries identified in Exhibit "A" (attached hereto and by reference made a part
hereof), and the County Manager or his designee is hereby authorized and directed to acquire
said easements by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners for the easements required to construct the project, which offers shall be based
upon estimates of the market value of the subject real estate which have been developed by
licensed state-certified general real estate appraisers.
5. In view of the differences of opinions between real estate appraisers regarding market
value and full compensation to property owners, and in view of the cost of condemnation, the
Board hereby authorizes the County Manager or his designee to approve purchases of easements
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1/25/2011 Item 10.L.
where the property owner has agreed to sell to the County at, or up to twenty five percent (25%)
above the County's full compensation estimate, with the maximum approval authority not to
exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby
authorizes the approval and execution of Closing Statements related to said transactions by the
County Manager or his designee. Any and all purchases in excess of one hundred and twenty-
five percent (125%) of the appraiser's full compensation estimate, or in excess of $50,000 above
the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall
require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, upon the approval of the Office of the County Attorney as to form and legal
sufficiency, to execute easement agreements, utility subordination and facility relocation
agreements, and/or other documents approved by the Office of the County Attorney to close real
estate transactions, where the property owner has agreed to sell to the County at appraised value,
or within the parameters stipulated in Paragraph 5 (above).
7. Said authority is delegated by the Board to the extent that such delegation does not
conflict with the provisions of Section 125.355, Florida Statutes.
8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make
wire transfers, payable to the property owner(s) of record, to title companies and attorneys
closing real estate transactions, and to others who may possess an equitable interest in the subj ect
real property parcels in those amounts as shall be specified on a Closing Statement
9. All title to real property which has been acquired in the manner described above shall be
deemed "accepted" by the Board of County Commissioners, as the governing body of Collier
County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby
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1/25/2011 Item 10.L.
authorized to record in the Public Records of Collier County, Florida, conveyance instruments
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such as easements, as well as any other instruments that may be required to remove, release or
subordinate the lien of any encumbrance on the subject real estate, in order to effect constructive
notice of the County's interest in real property.
This Resolution, adopted on this
day of
. 20 It. after motion,
second and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, CHAIRMAN
Approved as to form. and
~:/-~
Assistant County Attorney
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EXHIBIT A
1/25/2011 Item 10.L.
PROJECT LOCATION MAP
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1/25/2011 Item 10.L.
VICINITY MAP
LEL Y AREA STORMWATER IMPROVEMENT PROJECT (LASIP)
OUTFALLS 3 AND 4
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OUTFALL 4 CROSS-SECTIONS FROM STATIONS 426+00 THROUGH 430+00
SHOWING THE EXISTING GROUND CONTOUR AT 100 FOOT INTERVALS
(DASHED LINES) AND THE PROPOSED CANAL CROSS-SECTION AND
MAINTENANCE PATHWAY (SOLID LINES). NOTE THE STEEP SIDE SLOPES OF
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