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Agenda 03/11/2008 Item #10F Agenda Item No, 10F March 11, 2008 Page 1 of 12 EXECUTIVE SUMMARY Reeommendation to adopt a resolution authorizing the acquisition by gift or purchase of the fee simple interests necessary for the constrnction of stormwater retention and treatment ponds required for the expansion of Randall Boulevard from Immokalee Road to DeSoto Boulevard. (projeet No. 60065.) Estimated fiscal impact: $2,400,000.00. OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of the fee simple interests necessary for the constIUction of stormwater retention and treatment ponds required for the expansion of Randall Boulevard from lmmokalee Road to DeSoto Boulevard. (Project No. 60065.) CONSIDERATIONS: While the design of the roadway improvements is in its preliminary stage, it is important that desirable locations for the future ponds are acquired while they are still vacant and unimproved. The adoption of the attached resolution will provide staff with the Board's authority to secure title work, obtain independent real estate appraisals, and negotiate for the purchase of the property necessary for the construction of stormwater retention and treatment ponds required for the construction of this project. The proposed resolution delegates authority to the Chairman and to the County Manager or his designee of a ministerial nature which streamlines the property acquisition process and precludes the necessity to return to the Board for the approval of each and every purchase. FISCAL IMPACT: It is estimated that the total cost of the stormwater retention and treatment pond sites which must be purchased will be $2,400,000.00. This amount includes the cost of the land required for construction, as well as all expenses for title work, and real estate appraisals. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year work program, the acquisition of stormwater retention and treatment pond sites required for the expansion of Randall Boulevard (project No. 60065) is an integral part of Collier County's Growth Management Plan. 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, Right-of-Way Coordinator - TECM Attachment: Gift and Purchase Resolution Page I of2 Agenda Item No.1 OF March 11, 2008 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10F Recommendation to adopt a resolution authorizing the acquisition by gift Of purchase of the fee simple interests necessary for the construction of stormwater retention and treatment ponds required for the expansion of Randall Boulevard from lmmokalee Road to DeSoto Boulevard. (Project No. 60065.) Estimated fiscal impact: $2,400,000.00. (Norman Feder, Transportation Services Administrator) Meeting Date: 3/11/200890000 AM Prepared By Robert Bosch Right of Way Coordinator Date Transportation TECM 2/7/200812:13:51 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 2/7/20081 :55 PM Approved By Dale A, Bathon, P.E. Prinicipal Project Manager Transportation Engineering and Construction Date Transportation Services 2/7/20083:28 PM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM,ROW 2/7/20085:02 PM Approved By Lisa Taylor Management/Budget Analyst Date Transportation Services Transportation Administration 2/8/20084:11 PM Approved By Sharon Newman Accounting Supervisor Date Transportation Services Transportation Services Admin 2/11/20088:56 AM Approved By Norm E. Feder, AICP Transportation Division Administrator Date Transportation Services Transportation Services Admin. 2/25/200810:57 AM Approved By Pat Lehnhard Executive Secretary Date Transportation Services Transportation Services Admin 2/27/20088:46 AM Approved By file://C:\AgendaTest\Export\1 02-March%20 II ,%202008\ 1 O. %20COUNTY%20MANAGER... 3/5/2008 Page 20f2 Agenda Item No, 10F March 11, 2008 Page 3 of 12 OMS Coordinator Applications Analyst Date Administrative Services Information Technology 2/28/20087:52 AM Approved By Susan Usher Senior ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 2/29/2008 12:02 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/3/2008 10:45 AM file://C:\AgendaTest\Export\ I 02-March%20 II ,%202008\1 0.%20COUNTY%20MANAGER... 3/5/2008 Agenda Item NO.1 OF March 11, 2008 Page 4 of 12 RE'SOLUTION NO. 2008-_ A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF LANDS NECESSARY FOR THE CONSTRUCTION OF STORMWATER RETENTION AND TREATMENT PONDS REQUIRED FOR THE EXPANSION OF RANDALL BOULEVARD FROM IMM.OKALEE ROAD TO DESOTO BOULEVARD (PROJECT NO. 60065,) WHEREAS. the Board of County Commissioners (Board), on June 7,2005. adopted Ordinance No, 2005-25 therein establishing the CapItal Improvement Element of the Growth Management Plan In order to establish pnontJes for the design, acqulsltIon and constructIOn of the vanous capltalnnprovement projects; and WHEREAS, the TransportatIOn Element of the County's Growth Management Plan was adopted In Ordinance No. 2005-25; and WHEREAS, the expanSiOn of Randall Boulevard from Immokalee Road to DeSoto Boulevard (project No. 60065) is one of the capnal Improvement prOjects reqUired under the TransportatIOn Element of the County's Growth Management Plan; and WHEREAS. the acquiSItIOn and constructIOn of slormwater retention and treatment pondS along the project canidar, In the locations collectively depIcted 10 ExhibIt "A" attached hereto and mcorporated herem. are necessary in order to protect the health. safety and welfare of tile citizens of Collier County, and will assIst Collier County In mecl1ng certam concurrency regwrements of the Growth Management Plan for Collier County. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has detemuned that the expansIOn of Randall Boulevard from lmmokalee Road to DeSoto Boulevard, Project No. 60065 (hereinafter refen"ed to as "the ProJect"), is necessary and in the public's best mtercst in order to protect the health. safety and welfare of the CItizens of Collier County. 2. The constructIOn of the Project IS an mtegral part of the County's long range planmng effort, and is included In the TransportatIOn Element of the County's Growth Management Plan, as approved by the Flonda Department of Community AffaIrs. 3. It IS necessary and In the best mterest of Collier County for the Board to authorize the acquisitIOn of stormwater retention and treatment pond SItes In fee Simple In the locations collectivcly depictcd 1TI Exhibit "A" attached hcreto and Incorporated herein. as best SUIts the Agenda Item NO.1 OF March 11. 2008 Page 5 of 12 needs of the project: and the County Manager or his designee 15 hereby authorized and directed to acqUIre said stormwater retention and treatment pond SItes by enher gift or purchase. 4. The Board hereby directs the County Manager or rus deslgnee to make purchase offers to property owners based upon appraIsals prepared for Collier County by licensed rea! estate apprail)ers. 5. In VIew of the differences of opmlOn between real estate appraisers as to property owner compensatIOn estrmates, and the cost of condemnatIOn, the Board hereby authorIzes the County Manager or hIS designee to approve stormwater retentJOn and treatment pond sIte purchases up to the Jesser of [WCnLy five percent (25%), or fifty thousand dollars ($50,000), above Collier Countfs appraIser's estImate of full compensation to the property owner. Such purchase approvals are heremafter referred to as "Adnllmstratlve Settlements," Each and every proposed settlement over twenty-five percent (25%), or over fifty thousand dollars ($50.000), above Collier County's appralser's estlmate of full compensatIon to the property owner shall require separate Board approval. 6. The Board hereby authonzes lts Chamnan. and any subsequent ChaIrman for the life of the Project, upon the approval of the Office of the County Attorney as to fonn and legal suffiCIency, to execute Purchase Agreements for stormwater retentJOn and treatment pond Sites, where the property owner has agreed to sell the reqUITed land nghts to the County at Its appraIsed value, or wlthm the AdnuOlstratlve Settlement provlslOns of Paragraph 5 (above); and the Board hereby authorizes HS present Chamnan, and any subsequent Chamnan for the life of the Project, to execute any mstruments WhICh have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be reqUIred. 7. Said AdmlOlstratIve Settlement authonty IS delegated by me Board to the extent that such delegatIOn does not conflict wIth the proVISiOns of Section 125.355. Flonda Statutes. 8. Where the property owner agrees to convey a necessary mterest In real property to the County, through the executlon of a "Purchase Agreement" and upon the proper executiOn by the property owner of such legal Instruments as the Office of the County Att'Orney may rcqulre, the Board hereby authonzes the Finance Department to lssue warrants, and/or to make wire transfers, payable to the property owner(s) of rccord. and to others who may possess an equitable mtercst In the subject storrnwater retention and treatment sItes, In those amounts as shall be specified on a Closmg Statement. -Page 2- Agenda Item No. 10F March 11, 2008 Page 6 of 12 9. All title to real property which has been obtamed in the manner described above shall be deemed "accepted" by the Board of County CommIssIOners, as the govermng body of Collier County. Florida, a political sUbdivisIOn of the State of Flonda. and as suCh, staff is hereby authonzed to record in the Public Records of Collier County, Flonda, deeds. easements or other instruments as may be required to remove the lien of any encmnbrancc [rom the acqll1red properties. ThiS Resolution, adopted on this _ day of , 2008, after motion, second and maJonty vote. ArrEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN Approved as to fOlTIl and legal sufficIency: E.A. ~J (' ~-,~ ASsIstant County Attorney -Page 3- [LCON OC>~ ~C>_ .N 0 o '," Z~<I.> =..c O'l W u C'C -~o.. -ro -2;;;: c Q) OJ <( (/'J W Z ::; >- 0:: <( o z _ ::l o III o ..J o III >- III o W t- <( U ,-- 15 z ;?; Z ..J W :>- o (,\ "" ill ..J ?; ...... 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