Agenda 05/12/2009 Item #16B 2
Agenda Item No. 16B2
May 12, 2009
Page 1 of9
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the purchase of fee simple interests
necessary for the construction of the Interchange improvements and additional traffic
lanes on Immokalee Road to support the Interchange at 1-75. (Capital Improvement
Element Nos. 42.2 and 43.1, Project No. 60171). Estimated fiscal impact for right of way
acquisition: $250,000.
OBJECTIVE: To adopt a resolution authorizing the purchase of fee simple interests for the
construction of the Interchange improvements and additional traffic lanes on lmmokalee Road to
support the Interchange at 1-75. (Project No. 60171).
CONSIDERATIONS: The Florida Department of Transportation (FOOT) has authorized
additional work, estimated at over $2,000,000, to be included in their 1-75 designlbuild (IROX)
project at the Immokalee/I-75 Interchange. The Collier County Metropolitan Planning
Organization (MPO) has endorsed this project. The funds for construction were committed by
FOOT at the Lee-Collier Joint MPO Meeting held on October 17, 2008 with the understanding
that Collier County would acquire any necessary right-of-way and provide for utility relocations.
FOOT has agreed to enter into a contract with Collier County such that if Collier County
provides the ROW needed and the funding specific to the additional services for the utilities
relocation they (FOOT) will perform all design and construction for the additional capacity on
Immokalee Road from the Strand to Tarpon Bay Blvd. The approval of this request enables
Collier County to fulfill its commitments outlined in the FDOT/Collier County MOA.
The attached Resolution is requesting authorization to negotiate the purchase of the referenced
right-of-way (see Exhibit "A" and Exhibit "B") and to grant the authority to negotiate within the
limitations set forth in the resolution. Staff is requesting this authorization now so the deadline
of June 15, 2009 can be met without needing further authorization trom the Board. The
guidelines set forth in the attached resolution are the sanle standard limitations utilized for every
right-of-way acquisition project.
FISCAL IMPACT: Statf estimates the total cost to acquire the necessary right-of-way may run
as high as $250,000. This estimate includes all land and improvements, severance damage
claims, appraisal fees, title policies, and all expenses associated with purchasing the necessary
right-of-way. At this time, all estimates are preliminary. All payments will come from the
Transportation Supported Gas Tax funds and the Road Impact Fee funds. Source of funds are in
Project No. 60171 - Advanced Right of Way, from gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement
Element, the expansion of the Immokalee Road Interchange (Project No. 60171) is consistent
with Collier County's Growth Management Plan and the Long Range Transportation Plan.
--
LEGAL CONSIDERATION: This item is legally sufficient for Board action, is not quasi-
judicial and as such, ex-parte disclosure is not required. This item requires only a majority vote.
RNZ
RECOMMENDATION: That the Board of County Commissioners of Collier County:
Agenda Item No. 1662
May 12. 2009
Page 2 of9
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: Debbie Armstrong, Assistant Right-of-Way Manager, TECM
Attachments: (1) Legal Description - Exhibit "A"; (2) Purchase Resolution - Exhibit "B"
Page 1 of 2
Agenda Item No. 16B2
May 12, 2009
Page 3 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1682
Meeting Date:
Recommendation to adopt a resolution authorizing the purchase of fee simple interests
nece~sary for the construction of the interchange Improvements and additional traffic lanes
on Immokalee Road to support the interchange at 1-75 (Capital Improvement Element Nos.
42_2 and 43_1, Project No. 60171) Estimated fiscal impact for right of way acquisition:
$250,000
5/12/20099,0000 AM
Prepared By
Debbie Armstrong
Property Acquisition Specialist
Date
Transportation Services
TECM.ROW
4/24/20099:31:18 AM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
Date
4/24/20099:46 AM
Approved By
Debbie Armstrong
Property Acquisition Specialist
Date
Transportation Services
TECM.ROW
4/24/200910:06 AM
Appro\'cd By
Robert N, Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/241200912:20 PM
Approvcd By
Jeff Klatzkow
County Attorney
County Attorney
County Attorney Office
Date
4/27/2009 3:53 PM
Apprond By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
4/27/20094:23 PM
Approwd By
Norm E, Feder, AICP
Transportation Division Administrator
Transportation Services Admin.
Date
Transportation Services
4/28/2009 1 :21 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/28/20092:59 PM
Approvcd By
Pat Lehnhard
Executive Secretary
Transportation Services Admin
Date
Transportation Services
4/30/200911:13AM
Approwd By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/20/20093:37 PM
Appro\'ed By
file://C:\AgendaTest\ExDort\ 129-Mav%20 12.%202009\ 16.%20CONSENT%20AGFNnA \ 111
'i/110009
Page 2 of 2
Agenda Item No. 1682
May 12, 2009
Page 4 of 9
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/30/20099:33 PM
Appro,,'ed By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
5/2/2009 8:31 AM
file://C:\AgendaTest\ExP0l1\ 129-Mav%20 12.%202009\ 16.%20CONSENT%20AGENOA \ Iii... 5/ti/2009
Agenda Item NOI 1662
12,2009
P g~ 5 of 9
COLLIER COUNTY
PARCEL SKETCH
C.R. 846 (IMMOKALEE ROAD)
EXHIBff ..:L
.........L 01...2-
PARCEL
R/W TAKE
A par.eel of land tn Section 30. Township 48 South, Range 26 East.
belno a part of Lot I, Brentwood Two 05 reoorded In Plat BOOK 47, pooe
90, Col I Ie, County. FlorIda, being fu~the~ desorlbed as fol lows:
Corrmence at the nor"the-cst cor-nar of sol d Sect r on 30; thence South 020
36' 22" East, olono the Eost LIne of sold Section 30, a distance of
49.97 feet to Station 46+66.37, Base LIne Survey, C.R. 646 ([mmokolee
Rood), thence SouTh B9' 34' 24" West, alon<;i sold Base LIne Survey, a
distance of 268.36 feet to Station 43+9B,OI, thence deportlno sold
Base Line Survey South 02' 36' 22'" East 0 distance of 72.31 feet to
the Northwest corner of sold Lot I and the POINT OF BEGINNING. thonce
South 88C1 53' 28" East. along the north I Jne of sold lot I. 0 distance
of 130.32 feet to the beolnnlnQ of a tangent CUr-VB concave Southerly
and hovIno a radIus of 47.00 feet, 0 central on<;ile of 86' 17' 06'", a
chord beorln<;i of South 45' 44' 55" East ond 0 chord dlsTanae of 64.28
feet; thence Southeasterly along the arc of sold curve 70.18 feet to
the end of sold curve; thence South 020 36' 22" East a dl stance Of
1.06 feet, thence North 54' 54' 32" West 0 dlstonoe of 53.69 feet,
thence North 88' 53' 2B" West 0 dlsTcnce of 131.80 feet, thenae NorTh
02' 36' 22" West a drstonoe of 15,03 feet to The POINT OF BEGINNING,
Contolnlng 2.847 square feet, more or less"
NOTES,
I. T~E BEARINGS ANO DISTANCES SHOWN HEREON ARE BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM. WEST ZONE, 1983 NORTH AMERICAN
DATUM. 1990 ADJUSTMENT, AS ESTABLISHED FROM G.P.S. PRIMARY NE.lWORK
CONTROL POfNTS 175 BI "A" SERIES A07-AIO, AND 17590 'A" SERIES
A04-AIO, DERIVING A BEARING CF N 89'34'24 E ALONG THE SURVEY BASE
LINE OF C.R. 846 (IMMOKALEE ,OAD BETWEEN STATION 30'00 00 ANO
STATION 47'00,00,
2. THIS CERTIFICATION VALIOATES SHEETS I THROUGH 2, ANY ONE (I) SHEET
IS TO BE CONSIDERED INCOMPLETE WITHOUT ALL omERS"
3., ATTENitON IS 0lREC1TD TO THE FACT THAT THESE SKETCHES MAY HAVE
BEEN ALTERED IN SIZE BY REPRODUCTION"
CERTIFICATION:
NOT VAllO WI ntouT THE S(GNATURE
AND ORiGINAL RAlSED SEAL Of A
L[CENSED FLORIDA.SURVEYOR ANO MAPPER
jt::-.I"
)w.....'.....'\lt'l
""." ,
u ]
,
I~
l~ .
F
,
/~><_.''i-
--,,~!::,k
, '
J -2:': :":1 ,I:>
I.~ ~l
r,~
;
" ,
Jl i
11(11:
@
B t. POTTER
ROFESSI0NAL SURVEYOR AND MAPPER
F~ORIDA CERT[F1CATE NUMaER 5688
TECM - ROW
APR 22 2009
SITE
TH1S SKETC~ l$ A GRAPHIC lLLUSTRATlON FOR
INFOR~TIONAL PURPOSES ONLY AND IS NOT
INTENDED TO REPRESENT A FIELD SURVEY.
COLLIER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH - NOT A SURVEY
~llClATt.. IW'
lNaT ro 5elUJ
COUNTY ROAD NO. 846 (IMMOKALEE ROAD)
COLLIER COUNTY
---1-
..
"'"
~1lI:Pi~EO Bt.
-A.II.IENGINE.E.RINGflS'JAVE:'f1tiO.INC.
DU,l. ~OUROC.
IUVISIOlll
8T !laTE
OR...WN L.JII'.C.
CHECI\ED R.L.P.
O~/IO/O'J
04/IJ/lJ9jF,.P. 10.. N/A
SEen ON N IA
iSHEEf I OF 2
ACCESS EASEMENT
CHORD BEARING
CHORD DISTANCE
COUNTY ROAD
COUNTY UTILITY E^SEMENT
DRAINAGE EASEM(NT
lRRIGATION EASEMENT
LENGTH
LANDSCAPE BUFFER EASEt~NT
OFFICIAL RECORD BOOK
PLAT BOOK
POINT OF CURVATURE
PAGE
f'A.GES
POINT OF
\BEGINNING
NW CORNER LOT I
L14
~ ~
N 89'"34'2"1" E .". ~
BASE LINE SURVEY s 89<> 3./1' 24 ~ W ~ .
846 (I '-NOKAlEE ROAD) 268 36 (C l UJ r-
~ ~\~I/--"
ACCESS a UTILITY EASEt.EW l ~ ~ ~\
_ 0 R 3021 PC 2231 1 ~ \ S<t:-... ~ \
// 0 R 302 r PC 2236 _ I ('oJ I S./ S' o~ \
/ O,R 3021 PC 2240 l~ I 0 \ s v '~
L O.R 30?1. PG 2244 I --~-:::-::-______~____~ .9 ('/<:--~ \
- -..::.-~it-s88'-5i'-?B: ~~-Y-~~\'~''<'ll -------1---. \ ) "";., I
/_~'~o.!Y~..__~13~:.?!~(~C~~P_I_~ ~. S OZO 36 22 E \ ----1/^'.' 1~/
- flU' ,lplB E ~_:L::':::":::../I I I 06'CC} \ / -- ~
i~' ------ tJ. -.. 86~-I-'7-;-06-=-(RT)-- 1\;> T ........____~// ~
I L 107S'(C)IPl \,.... f.......... I::
R .. 47.00'{CHPl 1'+'....., ::..::
I C.D, .. 6-4.28'ICltP) I.....' ~ I;'
C.B ..S45044'S5rE I ~
I tel 8B~ 53' 28' W \ I ~ [L n. ~ _ ~
I'~ 131 80 Ie) i \: ~ ~~ 3 ~ z!
-- NS4" 54' 32"W \,....- ~~ 13=J, ..J
.I'~. 53.69 eel I: , ~ -: 6~ 1 ~l1- t-
~, LOT / \O~ a:l' 1 elf" ~
!\Il - ).-.1- 1 <t <.D I"'
I~ 7 50 : I ct.~ I g-
I C.U E. (P) I a: I
OR, 4071, PG 335~ -----t-i J-- 51- 1 U ~
TRACT "B"'~ ; :"'1' :;; " ~D
I ~7BO~ : ~~~:(P'll ; r ~ \ i:
I ' I
I BRENTWOOD TWO K :
: \
B ',I
P. . 47, PG. 90 :'; '; \~~
\ \ \0,..1'
\ \ \~_:~
s 02" 36 22 E l', \--00,
1882 :ClIP) -,.~ ')- '"
; ~'J.'
l1 . 89" 59 22 ~ RT) : \ :
L '5':' <l{).j C l(P I \ . I'
R 41 CO (ellP I l I I
CD. ~7.98'(C:(p) ~ \ I 1 \
I C B . S '12" 23' 19 W \ y.' ,
X'
i- -- \-0";" -p~ U f- - -l ~ 8."( :--a- S'.E':\-P")- -; -~~:
..Jt! ,... - --,- \'
-------- T'sl:r9~~(C~~PlwTRACT~ IIBII \;
40 'lllDE - /'1 '.)/'"
FE a CUE (Pl ACCESS 8 L.:TlL.!iY EASE.\!UH ~ ".;
OR 3021 PC 2231 __L__1___ -. -1-
_____~______ -D,R 3021. PG. 2236- II ; ----.------L 1
-- -- 0 R ]021 PC 22.'lC~---------~ \ \
o R 3021 ~G 2244
A
C
c
C
c
D
I
l
L. [3 E.
o "
P 3
P. C
PG.
PC5
E.
B
o
R
u _
E
E
LEGENO
o
I
25
50
100
Agenda Item No 1662
1 2009
g 60f9
IScP
I
P T
P U E
R
R_O w.
"T-
R/.
S.E.
STA,
l'.
C
P
.
POINT OF TANGENCY Seal91 I" ~ 50'
PUBLIC UTILT[TY EASEMENT
RADIUS
RIGHT OF WAY
R[GIIT
RIGHT OF WAY
SlOEWALK EA~EMENT
STATION
DEL TA
CACULATED
PLAT
PROPERTY lINE
EXUlDI'F 1..,
~-'...........
... 2 of
--
POINT OF
COMMENCMENT
NE CO~~ER SECTION 30
46
19
:30
I
20
29
~ ~
- ~
45
~
:;"> ':
47
..
.
N-
NO:
~;.,
~D
.."
N-
o
"-
w
=;
"
"-
"
,.
~
.
N
I:"
~
~
;
I
,
;: I
N '-1
t-- ~ '-';'~I
:z 0 --I
~~ .wl
w ..1
,"I.....-;J.
:': is c l.~ i
"- I
: :""i
:;:..;:: I
o Ll' . u.q
6~~ ;:;1
ocN::r. 01
,- t'l..1
"' I
o I
h
,
o
.
N
o
z
I
T:--
COLLlER COUNTY TRANSPORTATION SERVICES DIVISION
PARCEL SKETCH - NOT A SURVEY
COUNTY ROAO NO. 846 (I~MOKALEE ROAD)
COLL IER COUNTY
"
-'--------,r-;-r~PREP~~EP 111'. I \IOU SQURe(,
-.~.l.IMft',~lNEER!NGeSlJflVnING.1Nc.
DIi'AlIIH LW.~~r- -
CH(C"EDJfl.~.P. !o4/j3/~IF.p [0. N/A SECTION N/A
!sHEET 2
I
OF 2
n:l'lSlllI'I'
""
RESOLUTION NO. 2009-
Agenda Item No. 1662
May 12, 2009
EXHIBIT B Page 7 of 9
Page-L of-L
A RESOLUTION Al:THORlZING THE PURCHASE OF LAND NECESSARY FOR
TIIE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY
IMPROVEMENTS ON IMMOKALEE ROAD TO SlJPPORT THE INTERCHANGE
ATI-75. (pROJECT NO. 60171)
WHEREAS, the land acquunhon needed for the improvements on Immolca1ee Road that
tie into the reconstructIOn and expansion of the 1-75 interchange at lmmokalee Road (Project No.
60171) (hereinafter referred to as "the Project"), is Included in Collier County's Five Year
Transportation Work Program; and
'WHEREAS, plans and speqifications have been prepared for the construction of the
ProJ eet; and
WHEREAS, the Project IS necessary in order to protect the health, safety and welfare of
the citizens of Collier County, and will assist Collier County in meeting certam concurrency
requirements of the County's Growth Management Plan.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMlSSIONERS OF COLLlER COUNTY. FLORIDA, that:
1. The Board has detennined that the improvements to Immokalee road that support the
reconstructIon and expanslon of the 1-75 mterchange at hnmokalee Road, Project No. 60171, is
necessary and in the pUblicls best interest in order to protect the health, :::afety and welfare of the
cItizens of Collier County.
2. The acquisitlon of land for construction of the Project is an integral part of the County1s
long range planning effort, and IS mc1udecl In the CapItal Improvement Element of the Collier
County Growth Management Plan, as approved by the Flonda Department of CommUIllty
AIfaus.
3. It IS necessary and in the best mterest of Collier County for the Board to authorize the
acquIsition of fee simple mterest in the land as more fully described on Exhibit "AT' (attached
hereto and by reference made a part hereof), necessary for the construction of roadway, drainage
and utility IDlprovemcnts, and the County Manager or lus designee IS hereby authorized and
directed to purchase said land.
4. The Board hereby directs the County Manager or hIS designee to use either an
mdependent appraisal report or an "in-house" apprmsal as the basis for making a purchase offer
to the property owner.
EXHIBITAg'B'da Item No. 1662
May 12, 2009
P..cge_L of ? Page 8 of 9
5. In Vlew of the differences of opinions between real estate appraisers regarding full
compensation to property owners, and m view of the cost of condemnation, the Board hereby
authonzes the County Manager or his desIgnee to approve the purchase of said land where the
property owner has a.s'Tccd to sell to the County at, or up to twenty five percent (25%) above
Collier County's appraiser's estimate of full compensatIon to the property owner, with the
maxunum approval authonty not to exceed $50,000 over the County's appralser's estrmate of
full compensatlOll. and to approve and to execute Closmg Statements on behalf of the County.
Such purchase approval is heremafter referred to as "Adnumstrative Settlement." A proposed
settlement over one hundred and twenty-five percent (125%) of. or over $50,000 above, the
County's appraiser's estunate of full compensatIOn (whlchever is less) shall require separate
Board approval.
6. The Board hereby authorizes its Chamnan, and any subsequcnt ChaIrman for the life of
the Project, upon the approval of the Officc of the County Attorney as to form and legal
sufficIency, to execute an easement agreement, a purchase agreement, utility subordinatIOn and
relocation agreements, and/or other documents approved by the Office of the County Atturney to
close the real estate transaction. where the property owner has agreed to sell to the County at
appraIsed value, or wjthin the Administratlve Settlement provisions of Paragraph 5 (above).
7. Said Adnumstratlvc Settlement authonty is delegated by the Board to tlle extent that such
delegation does not conflict with the provisIOns of Section 125.355, Florida Statutes.
8. The Board hereby authollzes the Finance Department to Issue warrants, and/or to make
wire transfers, payable to the property owner of record, to title compames and attorneys closing
real estate transactions, and to others who may possess an eqUltable mterest In the subject real
property parcel in those amounts as shall be specified. on a Closmg Statement.
9. All title to the real property whIch has been acquired m the manner described above shall
be deemed "accepted" by the Board of County COillnussioners, as the governing body of Collier
County, Florida. a political subdivisIOn of the State of Florida, and as such, staff is hereby
authorized to correct any scnvener's crror(s) ill Exhibit "A" and record in the Public Records of
Collier County, Florida, a deed, an easement, or other mstruments as may be reqUIred. to remove,
release or subordinate the lien of any encumbrance, In order to effect constructIve notice of the
County's mterest III real property.
-Ptlge 2-
EXHIBIT Ag@da Item No. 16B2
May 12. 2009
Page-Z- of-2- Page 9 of 9
ThIS Resolution, adopted. on thiS __~ day of
-,2009, after motion,
second and maJonty vote.
ATTEST:
DvnGfff E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Approved as to form and
~/~
Assistant County Attorney
-Page 3-