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Agenda 12/14/2021 Item #16A12 (Resolution - Request for Easement from State of FL for Griffin Road Area Stormwater Improvement Plan)16.A.12 12/14/2021 EXECUTIVE SUMMARY Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida requesting an easement from the State of Florida, Board of Trustees of the Internal Improvement Trust Fund (TIITF), for the purpose of constructing, operating and maintaining infrastructure associated with the Griffin Road Area Stormwater Improvement Plan (GRASIP) Phase 2 project in an amount less than $1,300. OBJECTIVE: To obtain approval of an easement on TIITF owned land within the boundaries of the Rookery Bay National Estuarine Research Reserve (RBNERR) for the construction of a stormwater treatment lake as a part of the GRASIP. CONSIDERATIONS: In late 2017 Collier County Stormwater Management had a stormwater master plan prepared to address flooding concerns along the Barefoot -Williams Road area in east Naples. The project was called the Griffin Road Area Stormwater Improvement Plan (GRASIP). This plan has multiple phases of improvement projects to direct stormwater into the receiving areas of the Rookery Bay National Estuarine Research Reserve (RBNERR). RBNERR staff were involved in reviewing this GRASIP, and they continue to support it as the County works to implement the various design and construction phases. The first phase involved the improvement of flows along the east side of Barefoot -Williams Road and into the existing bypass channel constructed along the northern border of the Artesia development. That bypass channel was designed and constructed as part of the environmental permitting effort for the development. The GRASIP Phase 1 work was constructed in 2021. The County now has the design of GRASIP Phase 2 under way. The Phase 2 project consists of a stormwater treatment lake on State owned land at the western end of Price Street. In order to allow the County to construct this Phase 2 lake, the County needs to obtain a drainage, access and maintenance easement. The "Application for the Use of State Owned Uplands" form requires the inclusion of a resolution from the Board of County Commissioners requesting the easement along with a meets and bounds description/sketch for the easement area. FISCAL IMPACT: The application fee is $300, but staff will be requesting the State to waive the fee. Typical title work, recording fees and other documentary expenses are anticipated to be less than $1,000. Total fiscal impact is anticipated to be less than $1,300. Funding is available within the Stormwater Capital Fund (325) The source of funding is a transfer from the General Funds. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To approve a resolution of the Board of County Commissioners of Collier County, Florida requesting an easement from the State of Florida, Board of Trustees of the Internal Improvement Trust Fund (TIITF), for the purpose of constructing, operating and maintaining infrastructure associated with the Griffin Road Area Stormwater Improvement Plan (GRASIP) Phase 2 project, authorize the chairman to sign the resolution, and authorize the County Manager, or assigns, to submit the application to the State. Packet Pg. 857 12/14/2021 Prepared By: Robert Wiley, Principal Project Manager, Stormwater Management Section, Capital Project Planning, Impact Fees and Program Management Division ATTACHMENT(S) 1. Resolution for State Owned Land Easement for GRASIP-2 (10-25-21) (PDF) 2. GRASIP 2 EASEMENT SKETCH AND LEGAL DESCRIPTION (PDF) 3. APPLICATION FOR THE USE OF STATE OWNED UPLANDS - GRASIP Phase 2 Site (PDF) Packet Pg. 858 16.A.12 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doe ID: 20606 Item Summary: Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida requesting an easement from the State of Florida, Board of Trustees of the Internal Improvement Trust Fund (TIITF), for the purpose of constructing, operating and maintaining infrastructure associated with the Griffin Road Area Stormwater Improvement Plan (GRASIP) Phase 2 project in an amount less than $1,300. Meeting Date: 12/14/2021 Prepared by: Title: Project Manager, Principal — Capital Project Planning, Impact Fees, and Program Management Name: Robert Wiley 11/09/2021 3:11 PM Submitted by: Title: Director — Capital Project Planning, Impact Fees, and Program Management Name: Matthew McLean 11/09/2021 3:11 PM Approved By: Review: Growth Management Department Lissett DeLaRosa Growth Management Department Growth Management Department Lisa Taylor Additional Reviewer Capital Project Planning, Impact Fees, and Program Management Ian Barnwell Capital Project Planning, Impact Fees, and Program Management Matthew McLean Growth Management Department Robert Wiley Growth Management Growth Management Department Trinity Scott Transportation County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Susan Usher Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 11/09/2021 4:14 PM Completed 11/15/2021 9:27 AM Additional Reviewer Completed Additional Reviewer Completed Skipped 11/09/2021 2:41 PM Completed 11/15/2021 12:18 PM Completed 11/15/2021 3:14 PM Completed 11/15/2021 3:37 PM Completed 11/15/2021 4:38 PM Completed 12/04/2021 5:35 PM Completed 12/06/2021 2:47 PM 12/14/2021 9:00 AM Packet Pg. 859 16.A.12.a RESOLUTION NO.2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA REQUESTING AN EASEMENT FROM THE STATE OF FLORIDA, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (TIITF), FOR THE PURPOSE OF CONSTRUCTING, OPERATING AND MAINTAINING INFRASTRUCTURE ASSOCIATED WITH THE GRIFFIN ROAD AREA STORMWATER IMPROVEMENT PLAN (GRASIP) PHASE 2 PROJECT WHEREAS, in connection with its GRASIP Phase 2 Project, Collier County intends to submit an Application for the Use of State Owned Uplands requesting a drainage, access and maintenance easement (Easement) on property owned by TIITF; and WHEREAS, the requested Easement is to be located across property owned by TIITF and is more particularly described in Exhibit "A" attached hereto; and WHEREAS, it is in the best interest of the citizens of Collier County and the State of Florida that TIITF grant the required Easement and GRASIP Phase 2 project be constructed. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. It hereby requests TIITF to grant the Easement described in Exhibit "A" for the benefit of the public. 2. It is beneficial for the State of Florida and its citizens to allow for the Easement on TIITF owned property. 3. Because of the benefit to the citizens of the State of Florida, and especially to adjacent TIITF-owned lands of the Rookery Bay National Estuarine Research Reserve, Collier County requests all fees for the described Easement be waived. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of , 2021. Attest: BOARD OF COUNTY COMMISSIONERS CRYSTAL KINZEL, Clerk COLLIER COUNTY, FLORIDA am , Deputy Clerk Approved as to Form and Legality: an Jennifer A. 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This application is comprised of two (2) separate sections that are outlined and described as follows: Section 1 — General Information This section is used to indicate what type of upland authorization is requested. It is also used for contact information relative to the applicant and/or their representative. In addition, some general property information should be entered. Wction�t er Specific Information This part requests specific information relative to the type of upland authorization requested. What Section(s) or Part(s) must be completed? The table below depicts the applicable section(s) or part(s) that must be completed before submitting the application: Type of Authorization Requested F Section(s) or Part(s) to be completed Section Section 2 1 Part A Part B Part C Part D Part E Lease ✓ ✓ Sublease ✓ ✓ Easement ✓ ✓ Use Agreement ✓ ✓ Conveyance ✓ ✓ Other* ✓ *This includes types such as Letter of Consent, Estoppel, Affidavit, etc. PRIOR TO COMPLETING THIS APPLICATION, PLEASE BE ADVISED THAT: Any application to use state land which would result in significant adverse impact to state land or associated resources shall not be approved unless the applicant demonstrates there is no other alternative and proposes compensation or mitigation acceptable to the Board of Trustees pursuant to paragraph 18-2.018(2)(i), Florida Administrative Code. Any requested use of state land which has been acquired for a specific purpose, such as conservation and recreation lands, shall be consistent with the original specified purpose for acquiring such land pursuant to paragraph 18- 2.018(2)(c), Florida Administrative Code. SPECIAL NOTE TO ALL APPLICANTS: SUBMITTAL OF A COMPLETE APPLICATION SHALL NOT OPERATE TO CREATE ANY RIGHTS OR CONSTITUTE ANY GROUNDS FOR THE DEPARTMENT TO RECOMMEND APPROVAL OF ANY REQUESTED USE OF STATE LAND. THE BOARD OF TRUSTEES HAS THE AUTHORITY AND RESERVES THE RIGHT TO DENY ANY APPLICATION. ALL COSTS INCURRED BY APPLICANTS COMPLYING WITH THE REOUIREMENTS OF THIS APPLICATION SHALL BE AT THEIR OWN RISK. COSTS ASSOCIATED WITH OBTAINING AN AUTHORIZATION ARE NON-REFUNDABLE AND SHALL BE ASSUMED BY THE APPLICANT INCLUDING, BUT NOT LIMITED TO, ALL APPRAISALS, ALL SURVEYS, ALL TITLE SEARCHES, AND ALL RECORDING FEES. Completed Applications with any and all required attachments shall be electronically submitted to Upland.Applications(&dep.state.fl.us. Please be advised that applications deemed incomplete will be immediately returned to the Applicant with a request to provide any outstanding items. If unable to send electronically, mail (1) one hard copy to the address below: Department of Environmental Protection Division of State Lands Bureau of Public Land Administration 3800 Commonwealth Boulevard, MS 130 Tallahassee, Florida 32399-3000 Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 2 of 6 1 Packet Pg. 864 Section I — General Information A 16.A.12.c REQUESTED ACTION ❑✓ New ❑ Amendment AUTHORIZATION REQUESTED ❑ Lease ❑ Sublease ❑ Release ❑ Partial Release ❑✓ Easement ❑ Use Agreement TYPE OF ENTITY REQUESTING AUTHORIZATION ❑ State Agency ❑✓ Federal, Regional or Local Agency ❑ Private — Please indicate if commercial: o YES © NO ❑ Assignment/Assumption ❑ Conveyance ❑ Other: Applicant Information Legal Name of Lessee/Grantee: Collier County Board of County Commissioners Contact Name: Penny Taylor Title: Chairman Address: 3299 Tamiami Trail E, Suite 303 City: Naples State: FL Zip: 34112 Phone (1): 239-252-8604 Phone(2):239-252-8097 Fax:239-252-3602 Email Address: Billing Information (ifsame as above check here ❑ ) Name: Title: Company: Address: City: State: Zip: Phone (1): Phone 2 : Fax: Email: Representative Information: (Only complete ifsomeone will be handling this transaction on your behajO Name: Robert Wiley Title: Principal Project Manager Company: Collier County Stormwater Management Section Address: 2685 S. Horseshoe Drive, Suite 103 City: Naples State: FL Zip: 34104 Phone (1):239-252-2322 Phone (2):239-206-7622 Fax: Email Address: Robert.Wiley@colliercountyfl.gov Management Plan or Land Use Plan Contact Information (for Leases/Subleases only) Name: Title: Phone (1): Phone (2): Fax: Email Address: Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 3 of 6 Packet Pg. 865 16.A.12.c Section 1— General Information (cont'd) Estimated construction commencement date (if applicable): January 2023 Property Information County: Collier Property Appraiser's Parcel ID Number: 00730880008 Section:5 Township 51 Range:26 Approximate Acres: 20 Zoning Designation: Agriculture Location Address: adjacent to the western side of 285 Price St. City Naples State: FL Zip 34113 Descriptive Narrative describing the intended use of the property. Narrative shall include the following_ *Narrative can be attached as a separate page(s). a) The requested term, which shall not be greater than is necessary to provide for the reasonable use of the state land and shall not be greater than the parent lease term. b) The need for the proposed use of state lands and written evidence that all other alternatives to the use of state lands have been denied. c) Projected revenue to be generated from the use of state lands. d) Whether the intended use is public or private and the extent of public access for such use. e) A statement describing the public benefits that will occur as a result of the proposed use of state lands. Griffin Road Area Stormwater Improvement Project (GRASIP) is a Collier County initiated effort to address stormwater itity and quality concerns in the general area of US-41, Barefoot -Williams Road, Griffin Road and Price Street. The County d the engineering consultant firm of Robau and Associates, LLC to analyze existing stormwater flows and localized flooding develop a master plan to identify corrective measures. Working with DEP staff from the Rookery Bay Natural Estuarine ,arch Reserve (RBNERR), the master plan identified ways to convey the stormwater into existing freshwater wetlands of the 4ERR, as requested by the RBNERR staff to help return historic wet -season flow path surface waters into lands feeding a I creek. Prior to discharge into the tidal creek area the stormwater will pass through a small lake with littoral plantings to ,ide pre-treatment for removal of potential pollutants. intended easement term is perpetuity unless Collier County determines there is a need to abandon use of the site for -mwater in the future. With existing adjacent lands already developed for residential use, there is no other available site for stormwater treatment and discharge to the tidal creek area as desired by RBNERR staff. There will be no revenue generated the use of state lands. The intended use is by Collier County and the site will not be open for general use by the public. The dic benefits come from reducing flooding and redirecting pre-treated stormwater back to historic flow paths rather than Ltinuing with the current discharge location that bypasses the historic flow paths. Section 1— General Information (cont'd) _ Required Attachments The following must be completed and attached for all types of authorization requests: P A recent aerial photograph with the boundaries of the proposed project. P A county tax map identifying the parcel(s). P A letter from the applicable local planning agency stating that the proposed use of state lands is consistent with the local government comprehensive plan. P Non-refundable $300 application fee per 18-2.019(6), F.A.C. (does not apply to State/Federal agencies) �✓ A certified survey* or sketch of description**, which contains the boundaries, legal description(s), and acreage of the property. *The Department, at its discretion and if deemed necessary, can require a boundary survey for the action requested. "If the applicant chooses to submit a sketch of description it must include a note of what field methods were used to complete the sketch. Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 4 of 6 1 Packet Pg. 866 16.A.12.c _ W Section 2 — Other Specific Information A) Leases: Parent Lease number (if existing): A statement describing the public benefits that will occur as a result of the proposed lease; how the lease will impact local resources and the general public; and how the proposed lease of state land will not be contrary to the public interest. A written statement from the managing agency agreeing to lease the state-owned parcel(s). F For Leases subject to Section 253.0341(7), F.S., provide a business plan with the pertinent information required by Statute. Any Private entity applying for a lease, must also include: r_ A written commitment to pay a lease fee based on the appraised market value of the proposed lease. Names and addresses, as shown on the latest county tax assessment roll, of all property owners lying with a 500-foot radius of the state land proposed for lease, certified by the county property appraiser. Any Local Governments applying for a lease, must also include: A formal resolution adopted by the Board of County/City Commissioners requesting the proposed lease. If applying for a Full Release or Partial Release of Lease, please complete the items below: Are there any subleases, sub -sub leases, etc. within the area requesting to be released? OYES ONO If so, has notification of the intent to release been provided? OYES ONO A written statement confirming that Lessee understands the release will not be executed until the property is leased or sold to another entity. Lessee will remain under lease and will continue to be responsible for the maintenance and upkeep of the property until the release is executed by the Board of Trustee. B) Sublease number of existing sublease (if applicable): Parent Lease number (if applicable): A written statement from the managing agency approving the proposed action, along with a statement describing how the sublease conforms to the management plan or land use plan when the sublease application involves state land that is under lease. Any Private entity applying for a sublease, must also include: ❑ A written commitment to pay a sublease fee based on one of the following: (1) appraised market value, (2) negotiated value or (3) competitive bid. Any Local Governments applying for a sublease, must also include: ❑ A formal resolution adopted by the Board of County/City Commissioners requesting the proposed sublease. If applying for a Full Release or Partial Release of Sublease, please complete the items below: Are there any sub -sub leases, etc. within the area requesting to be released? Q YES ONO If so, has notification of the intent to release been provided? © YES ONO ❑ A written statement confirming that Lessee understands the release will not be executed until the property is leased or sold to another entity. Lessee will remain under lease and will continue to be responsible for the maintenance and upkeep of the property until the release is executed by the Board of Trustee. Application for the Use of State Owned Uplands Florida Department of Environmental Protection Page 5 of 6 1 Packet Pg. 867 16.A.12.c C) Easements *Applicants applying for an easement across state land which is managed for the conservation and protection of natural resources shall be required to provide net positive benefit as defined in subsection 18-2.017(31), Florida Administrative Code, if the proposed easement is approved. Parent Lease number (if applicable): A written statement from the managing agency approving the proposed action, along with a statement describing how the proposed easement conforms to the management plan or land use plan (when the easement application involves state land which is under lease or sublease. Any Private entity applying for a private Easement, must also include: F The applicable application fee per 18-2.019(6), F.A.C. A written commitment to pay an easement fee based on the appraised market value of the proposed easement. Any Local Governments applying for an Easement, must also include: A formal resolution adopted by the Board of County/City Commissioners requesting the proposed easement. D) Use Amements Parent Lease number (if applicable): Please indicate what type of use agreement is requested: Q Well -Monitoring Q Beach (Re)Nourishment Q Geophysical Q Other: A written statement from the managing agency approving the proposed action, along with a statement describing how the proposed use agreement conforms with the management plan or land use plan when the use agreement application involves state land which is under lease or sublease. E) Conveyances F Release of Deed Restriction(s) Modification of Deed Restriction(s) F Reverter Deeds ❑ DACS Conveyance (DSL-5) Pursuant to s. 253.025(16)(a), F.S. Application for the Use of State Owned Uplands Florida Department of Environmental Protection "' "` Page 6 of 6 Packet Pg. 868