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Agenda 10/22/2019 Item #11H (Vanderbilt Bch Rd Ext. Easement Purchases)10/22/2019 EXECUTIVE SUMMARY Recommendation to approve an agreement for the purchase of easements (Parcels 111RDUE1 and 111RDUE2) and acceptance of donation of easements (Parcels 111TCE, 111TDRE and 101TCE) required for construction of roadway and related improvements to Vanderbilt Beach Road (Project No. 60168) and Massey Street (Project No. 60236). Estimated Fiscal Impact: $465,500. OBJECTIVE: To acquire easements for the construction of roadway and related improvements to Vanderbilt Beach Road and Massey Street CONSIDERATIONS: Collier County is seeking to purchase two permanent easements from Vanderbilt Community Association, Inc. (the HOA), the master homeowners’ association for Vanderbilt Country Club. Parcel 111RDUE1 is an irregularly-shaped road right-of-way, drainage and utility easement, approximately 0.14 acres in extent, located on the west corner of Vanderbilt Beach Road and Massey Street; Parcel 111RDUE2 is a mainly 30 feet wide by 4,102 feet long road right-of-way, drainage and utility easement, approximately 3.09 acres in extent, located on the west side of Massey Street and extending along the entire easterly border of Vanderbilt Country Club. The County is also seeking to acquire three temporary easements from the owner. Parcels 111TCE (approximately 0.40 acres in extent) and 101TCE (approximately 1.00 acre in extent) are ten-foot wide temporary construction easements located along the Vanderbilt Beach Road and Massey Street frontages of Vanderbilt Country Club. Parcel 111TDRE is a temporary driveway restoration easement, approximately 0.26 acres in extent, located at the Vanderbilt Beach Road entrance to Vanderbilt Country Club. All five parcels are needed for the construction of roadway improvements to Vanderbilt Beach Road and Massey Street. The Growth Management Division’s Right of Way Section staff have estimated what Collier County might expect to pay for these easements within the context of eminent domain requirements/condemnation actions otherwise needed to acquire these parcels. The estimates are as follows: 1) Parcel 111RDUE1: $28,000; Parcel 111RDUE2: $328,000; Parcel 111TCE: $12,000; Parcel 101TCE: $30,000 and Parcel 111TDRE: $7,800. The total compensation value for these parcels is estimated to be $405,800. Note that these figures pertain to the estimated compensation value of land interests only and do not include the costs and risk factors associated with condemnation actions. On August 22nd, 2019, staff met with the HOA’s representatives after they expressed concerns regard ing adverse impacts that the proposed roadway and related improvements could have on the Vanderbilt Country Club community. The concerns related to increase in traffic volume, headlights from vehicles entering Massey Street from the proposed Vanderbilt Beach Road frontage road and the segment of Massey Street adjacent to the easterly boundary of Vanderbilt Country Club becoming a public road. The attached agreement reflects an amicably negotiated full compensation amount of $465,000. Staff recommends that the Board of County Commissioners (the Board) approve the agreement. If these parcels are not acquired by negotiation, they will have to be condemned and the County will be liable for payment of the owner’s attorney’s, appraiser’s and other experts’ fees and costs, which, along with possible claims for severance damages and costs to cure, could far exceed the difference between the appraised value and the negotiated full compensation amount. FISCAL IMPACT: Funds in the amount of $465,500, being the aggregate of the purchase price of $465,000 and miscellaneous closing and recording fees not to exceed $500, will be required. A budget amendment is needed to move funds within District 6 Impact Fee Fund (338) to the Massey Street project 60236. Source of funds is impact fees. 11.H Packet Pg. 825 10/22/2019 No maintenance costs are anticipated until such time as the projects are constructed. GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the Long Range Transportation Plan and the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: . Approve the attached agreement and authorize the Chairman to execute same on behalf of the Board; . Accept the conveyance of Parcels 111RDUE1, 111RDUE2, 111TCE, 111TDRE and 101TCE and authorize the County Manager, or his designee, to record the conveyance instruments in the public records of Collier County, Florida; . Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the purchase agreement to close the transaction; . Authorize the County Manager or his designee to take the necessary measures to ensure the County’s performance in accordance with the terms and conditions of the purchase agreement; and . Authorize any, and all, budget amendments that may be required to carry out the collective will of the Board. Prepared By: Robert Bosch, Manager, Right-of-Way Acquisition, Transportation Engineering Division, Growth Management Department. ATTACHMENT(S) 1. Aerial - Permanent Easements (PDF) 2. Valuation Memo (PDF) 3. Easement Agreement (PDF) 11.H Packet Pg. 826 10/22/2019 COLLIER COUNTY Board of County Commissioners Item Number: 11.H Doc ID: 10405 Item Summary: Recommendation to approve an agreement for the purchase of easements (Parcels 111RDUE1 and 111RDUE2) and acceptance of donation of easements (Parcels 111TCE, 111TDRE and 101TCE) required for construction of roadway and related improvements to Vanderbilt Beach Road (Project No. 60168) and Massey Street (Project No. 60109). Estimated Fiscal Impact: $465,500. (Jay Ahmad, Transportation Engineering Division Director) Meeting Date: 10/22/2019 Prepared by: Title: Operations Analyst, Senior – Transportation Engineering Name: Robert Bosch 10/08/2019 4:17 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 10/08/2019 4:17 PM Approved By: Review: Growth Management Department Christine Arnold Level 1 Reviewer Completed 10/08/2019 4:25 PM Transportation Engineering Andrew Miller Additional Reviewer Completed 10/10/2019 7:24 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 10/11/2019 6:54 AM Transportation Engineering Anthony Khawaja Additional Reviewer Completed 10/11/2019 8:34 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 10/11/2019 9:16 AM Growth Management Department Gene Shue Additional Reviewer Completed 10/11/2019 2:49 PM Road Maintenance Albert English Additional Reviewer Completed 10/14/2019 8:30 AM Growth Management Department Robert Bosch Deputy Department Head Review Skipped 10/02/2019 4:10 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 10/14/2019 8:41 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/14/2019 1:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2019 2:00 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 10/14/2019 2:08 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 10/14/2019 2:23 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/14/2019 2:31 PM Board of County Commissioners MaryJo Brock Meeting Pending 10/22/2019 9:00 AM 11.H Packet Pg. 827 AERIAL – APPROXIMATE LOCATION OF VANDERBILT COUNTRY CLUB PERMANENT EASEMENTS (DENOTED IN BLUE) /  PARCEL 111RDUE2 PARCEL 111RDUE1 11.H.1 Packet Pg. 828 Attachment: Aerial - Permanent Easements (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.2Packet Pg. 829Attachment: Valuation Memo (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.2Packet Pg. 830Attachment: Valuation Memo (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.2Packet Pg. 831Attachment: Valuation Memo (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 832 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 833 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 834 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 835 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 836 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 837 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3Packet Pg. 838Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 839 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 840 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 841 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 842 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168) 11.H.3 Packet Pg. 843 Attachment: Easement Agreement (10405 : Approve VCC Agreement - Parcels 111 et al. - VBR 60168)