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Agenda 06/23/2020 Item #16A18 (Easement Agreement for Weir #2 on Corkscrew Canal)06/23/2020 EXECUTIVE SUMMARY Recommendation to approve an agreement for the purchase of an easement required for maintenance, operation, and construction of improvements to the Corkscrew Canal Weir 2 control facilities located on Shady Hollow Blvd. West just north of Immokalee Rd. and west of Wilson Blvd. (Canal Easement Acquisitions Project No. 50180.) OBJECTIVE: To acquire an easement needed for maintenance, operation and construction of additional control facilities for weir number 2 on the Corkscrew Canal. CONSIDERATIONS: A drainage, access, and maintenance easement (Parcel 102DAME) is needed from property owned by Mr. Wayne P. Morroni to construct additional control facilities at this weir. The purpose of the new control facilities is to help maintain water levels and to facilitate water movement westward. This project is being undertaken by the South Florida Water Management District (the District) at no cost to the County and as part of its obligation to operate and maintain the Corkscrew Canal under a Cooperative Agreement between the District (on behalf of the Big Cypress Basin) and Collier County, dated October 13, 2000, as amended. Construction is scheduled to commence by December 2020. The Valuation Memorandum prepared by our in-house appraiser, Harry Henderson, for Parcel 102DAME on March 3, 2020, estimates the value at $8,550. The compensation amount in the attached Agreement is the result of negotiations with the property owner. If the parcel is not acquired by negotiation, it will have to be condemned, and the County will be liable for the inflated costs of the owner’s attorney, appraiser, and other expert fees. Such costs could far exceed the difference between the valuation and the negotiated purchase price. Staff is recommending that the Board approve the attached Agreement and authorize the purchase of the easement at $13,500. FISCAL IMPACT: The estimated fiscal impact associated with this item is $15,000 and includes the aggregate negotiated purchase price of $13,500 plus recording and mortgage subordination fees estimated not to exceed $1,500. Funds are available in Project No. 50180 within the Stormwater Capital Improvement Fund (325). The source of funds are transfers from the General Fund (001) and the Unincorporated Capital Improvement Fund (111). The District has agreed to reimburse the County fully for all costs of acquiring the aforesaid easement. The weir and its control facilities will be operated and maintained by the District under the Cooperative Agreement referenced above. Therefore, the County will not incur any maintenance costs arising from this item. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority for Board approval. -JAB GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and policies of all applicable sections of the Stormwater Management and the Conservation and Coastal Management elements of the Growth Management Plan. RECOMMENDATION: (1) Approve the attached Easement Agreement for Parcel 102DAME and authorize the Board’s Chairman to execute same on behalf of the Board; (2) Accept the conveyance of Parcel 102DAME to Collier County and authorize the County Manager or his designee to record the conveyance instrument in the public records of Collier County, Florida; 16.A.18 Packet Pg. 1213 06/23/2020 (3) Authorize the payment of all costs and expenses necessary to close the transaction; (4) 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 Agreement. Prepared By: Karen Dancsec, Property Acquisition Specialist, ROW Acquisition, Transportation Engineering Division ATTACHMENT(S) 1. 102DAME Agreement (PDF) 2. Valuation 2020-03-03 (PDF) 3. Location Map (PDF) 16.A.18 Packet Pg. 1214 06/23/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.18 Doc ID: 12442 Item Summary: Recommendation to approve an agreement for the purchase of an easement required for maintenance, operation, and construction of improvements to the Corkscrew Canal Weir 2 control facilities located on Shady Hollow Blvd. West just north of Immokalee Rd. and west of Wilson Blvd. (Canal Easement Acquisitions Project No. 50180.) Meeting Date: 06/23/2020 Prepared by: Title: Property Acquisition Specialist – Transportation Engineering Name: Karen Dancsec 05/19/2020 1:43 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 05/19/2020 1:43 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/19/2020 2:06 PM Transportation Engineering Robert Bosch Additional Reviewer Completed 05/19/2020 4:03 PM Road Maintenance Albert English Additional Reviewer Completed 05/19/2020 6:08 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 05/20/2020 7:23 AM Growth Management Department Lisa Taylor Additional Reviewer Completed 05/20/2020 9:41 AM Growth Management Department Gene Shue Additional Reviewer Completed 05/21/2020 5:47 PM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/26/2020 7:45 AM Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/27/2020 5:25 PM Growth Management Department Robert Bosch Deputy Department Head Review Skipped 05/19/2020 3:53 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/29/2020 10:59 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/03/2020 10:36 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/03/2020 10:45 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/03/2020 1:22 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/04/2020 9:02 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 06/15/2020 10:13 AM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/15/2020 4:55 PM 16.A.18 Packet Pg. 1215 06/23/2020 Board of County Commissioners MaryJo Brock Meeting Pending 06/23/2020 9:00 AM 16.A.18 Packet Pg. 1216 16.A.18.aPacket Pg. 1217Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) 16.A.18.aPacket Pg. 1218Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) 16.A.18.aPacket Pg. 1219Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) 16.A.18.aPacket Pg. 1220Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) 16.A.18.aPacket Pg. 1221Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) 16.A.18.aPacket Pg. 1222Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) 16.A.18.aPacket Pg. 1223Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) 16.A.18.aPacket Pg. 1224Attachment: 102DAME Agreement (12442 : 50180 - 102DAME - Stormwater) March 3, 2020 SFWMD Canal Easement Project #50180: Valuation Memo: 102DAME Shady Hollow Area (Morroni) Overview The Collier County Right of Way Office/Collier County GMD is acquiring easement parcels on behalf of the South Florida Water Management District (SFWMD) needed for drainage improvements in the Saddlebrook Lakes/Shady Hollow area of outlying Collier County. Parcel 102DAME is a drainage, access and maintenance easement associated with planned canal improvements and facilities to be constructed along an existing canal running north of Shady Hollow Blvd W. The purpose of this memo is to estimate fair compensation for the acquisition of this parcel. Property Identification (Parent Tract) The subject parent tract is identified as follows: Legal Description: Shady Hollow Trust Lot 1 Address: 125 Shady Hollow Blvd N, Naples, FL 34120 Tax Folio #: 73310000028 Owner: Morroni, Wayne P This 3.61-acre tract was purchased by the current owner on 8/27/03 for $189,900; the subject property is currently listed for sale with an asking price of $274,900. This property has been offered for sale for the past several years at various prices. Property Description (Parent Tract): The subject property is unimproved land; level with natural vegetation. This property is mostly rectangular in shape and has a reported lot size of 3.61 acres. The site has canal frontage (drainage canal) along its easterly boundary and street frontage on Shady Hollow Blvd W. This tract is zoned for residential development (1 home) and is part of the Saddlebrook Lakes PUD (community amenities include a large lake with boating access privileges). 16.A.18.b Packet Pg. 1225 Attachment: Valuation 2020-03-03 (12442 : 50180 - 102DAME - Stormwater) Easement Description The proposed easement 102DAME is a 45ft x 170ft parcel running north off of Shady Hollow Blvd W along a portion of the parent tract’s canal frontage. The easement area is 7650 sf or.18 acres. The encumbrance factor associated with this type easement is estimated to be 95% of the fee simple interest. Valuation The subject land is valued using recent sales involving generally similar lands in the general vicinity of the subject. Note that there have been no recent land sales in the Saddlebrook Lakes community; the sales cited are the best available. 1. 465 33rd Ave NW, Naples, FL 34120 Sale Price: $90,0000 Sale Date: 04/25/19 Lot Size: 2.27ac Reflects: $39,650/ac 2. W/S 4th St NE, Naples, FL 34120 (folio #37697800000) Sale Price: $145,000 Sale Date: 01/06/2020 Lot Size: 5ac Reflects: $29,000/ac 3. 880 33rd Ave NW, Naples, FL 34120 Sale Price: $71,200 Sale Date: 102/18/19 Lot Size: 2.27ac Reflects: $31,365/ac All the sales cited involve Golden Gate Estates acreage tracts located in the vicinity of the subject property. None have community amenities similar to the subject; only comp #2 has canal frontage (drainage canal). An above the range unit/price ($/ac) of $50,000/acre is judged to be reasonable for the subject given its superior attributes/overall appeal. Parent Tract Valuation: 3.61 acres x $50,000/acre = $180,500 Easement Area Valuation: .18 acres x $50,000/acre x 95% encumbrance factor = $8,550 No Improvements in easement area No damages to the remainder lands are associated with this easement Estimated Compensation for Parcel 102DAME: $8,550 Harry Henderson, SRA RD3475-FL Review Appraiser Collier County GMD/Transportation-ROW 16.A.18.b Packet Pg. 1226 Attachment: Valuation 2020-03-03 (12442 : 50180 - 102DAME - Stormwater) Location Map Corkscrew Canal - Weir 2 Parcels 102DAME 102DAME / 16.A.18.c Packet Pg. 1227 Attachment: Location Map [Revision 1] (12442 : 50180 - 102DAME - Stormwater)