Agenda 05/09/2023 Item #16A14 (Resolution - Acquisition by gift or pruchase of drainage Easements West of Goodlette-Frank Road Atea Stormwater improvement Project)16.A.14
05/09/2023
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of drainage easements
necessary for the construction of stormwater management improvements required for the West Goodlette-
Frank Road Area Stormwater Improvement Project (Phase 2), Project No. 60142; and authorize the
necessary budget amendment. (Estimated fiscal impact: $930,000. The source of funding is the stormwater
fund 325.)
OBJECTIVE: To acquire the drainage easements needed for the construction of the West Goodlette-Frank Road
Area Stormwater Improvement Project (Phase 2), Project No. 60142 (the "Project") and authorize the necessary
budget amendment.
CONSIDERATIONS: The Project is a joint effort with the City of Naples pursuant to an interlocal agreement and
is located west of Goodlette-Frank Road, east of US-41, bounded between Creech Road to the south and Pine Ridge
Road to the north. The proposed project improvements are aimed to eliminate the existing septic systems within the
City of Naples sanitary sewer service area and provide a central collection system, upgrade the potable water
infrastructure in the area, and provide stormwater drainage improvements.
The adoption of the above resolution will provide staff with the Board of County Commissioner's (Board) approval
to make purchase offers, negotiate purchase prices and acquire the perpetual, non-exclusive drainage easements
required for the construction of the Project. Purchase agreements shall be subject to approval by the Board.
Construction of the Project is anticipated to commence in 2024/2025.
In addition to the direct cost of acquiring the drainage easements, the County is also required, where applicable, to
pay severance damages and/or costs to mitigate damages to remaining properties ("cost -to -cure" expenses) caused
as a result of the drainage easements taken to construct the Project, or caused as a result of the construction of the
proposed improvements, and business damages. The County is also liable to pay all expenses for title work, real
estate appraisals, and those expenses related to condemnation when necessary, such as property owner attorney fees
and expert witness fees and costs, according to Sections 73.091 and 73.092, F.S. To the extent settlements are
achieved by gift or purchase in lieu of litigation, these costs may be reduced significantly.
FISCAL IMPACT: The fiscal impact associated with this item is estimated to be $930,000. A budget amendment
is required to re -appropriate funds within Stormwater Capital Fund (325) Project 60102 Gordon River to Project
60142 West Goodlette Frank Stormwater Improvement.
No maintenance costs are anticipated until such time as the Project is constructed.
GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and policies of
all applicable sections of the Stormwater Management Sub -element and the Conservation and Coastal Management
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
Board approval. -SAA
RECOMMENDATION: To adopt a resolution authorizing the acquisition by gift or purchase of drainage
easements necessary for the construction of stormwater management improvements required for the West
Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), Project No. 60142; and authorize the
necessary budget amendment.
Prepared By: Robert Bosch, Manager, Right of Way Acquisition, Transportation Engineering Division.
ATTACHMENT(S)
1. Resolution with Exhibit A (PDF)
2. PP Presentation (PPTX)
Packet Pg. 374
16.A.14
05/09/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.14
Doc ID: 24547
Item Summary: Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of drainage
easements necessary for the construction of stormwater management improvements required for the West
Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), Project No. 60142; and authorize the
necessary budget amendment. (Estimated fiscal impact: $930,000. The source of funding is the stormwater fund
325.)
Meeting Date: 05/09/2023
Prepared by:
Title: Manager, ROW Acquisition — Transportation Engineering
Name: Robert Bosch
02/02/2023 11:53 AM
Submitted by:
Title: Division Director - Transportation Eng — Transportation Engineering
Name: Jay Ahmad
02/02/2023 11:53 AM
Approved By:
Review:
Capital Project Planning, Impact Fees, and Program Management Mark Zordan
Growth Management and Community Development Department Jeanne Marcella
Department
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen
Transportation Engineering Jay Ahmad Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Jessica Arencibia
Road Maintenance Marshal Miller Additional Reviewer
Transportation Management Operations Support Tara Castillo
Growth Management and Community Development Department Gene Shue
County Attorney's Office Sally Ashkar Level 2 Attorney Review
Transportation Management Services Department Trinity Scott
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
Community & Human Services Maggie Lopez Additional Reviewer
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
County Manager's Office Amy Patterson Level 4 County Manager Review
Additional Reviewer Completed
04/21/2023 2:30 PM
Transportation Management Services
Completed 04/24/2023 9:47 AM
Additional Reviewer Completed
04/24/2023 9:52 AM
Completed 04/24/2023 10:00 AM
Additional Reviewer Completed
04/24/2023 10:07 AM
Completed 04/24/2023 12:12 PM
Additional Reviewer Completed
04/24/2023 1:14 PM
Additional Reviewer Completed
04/24/2023 4:15 PM
Completed 04/25/2023 8:06 AM
Transportation Completed
04/25/2023 10:13 AM
Completed 04/25/2023 12:37 PM
Completed 04/27/2023 5:16 PM
Completed 04/28/2023 9:50 AM
Completed 05/03/2023 10:18 AM
Packet Pg. 375
05/09/2023
Board of County Commissioners Geoffrey Willig Meeting Pending 05/09/2023 9:00 AM
Packet Pg. 376
16.A.14.a
RESOLUTION NO. 2023-
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
DRAINAGE EASEMENTS NECESSARY FOR THE CONSTRUCTION OF
STORMWATER MANAGEMENT IMPROVEMENTS REQUIRED FOR THE WEST
GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT
(PHASE 2), PROJECT NO. 60142.
WHEREAS, the construction of stormwater management improvements as part of the West
Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), Project No. 60142
(hereinafter referred to as "the Project"), is included in the Capital Improvement Element of the
Collier County Growth Management Plan; and
and
WHEREAS, plans and specifications have been prepared for construction of the Project;
WHEREAS, construction of the Project will require the acquisition of drainage
easements; and
WHEREAS, the construction of stormwater management improvements as part of the
Project and within the boundaries depicted in Exhibit "A" attached hereto and incorporated herein,
is necessary in order to protect the health, safety and welfare of the citizens of Collier County, and
will assist Collier County in meeting certain concurrency requirements of the County's Growth
Management Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the construction of stormwater management facilities as
part of the West Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), Project
No. 60142 (hereinafter referred to as "the Project"), is necessary and in the public's best interest in
order to protect the health, safety and welfare of the citizens of Collier County.
Page 1
Packet Pg. 377
16.A.14.a
2. The acquisition of drainage easements for construction of the Project is an integral part of
the County's long-range planning effort and is included in the Capital Improvement Element of the
Collier County Growth Management Plan, as approved by the Florida Department of Economic
Opportunity.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of drainage easements necessary for construction of the Project within the project
boundaries identified in Exhibit "A" (attached hereto and by reference made a part hereof), and
the County Manager or her designee is hereby authorized and directed to acquire said drainage
easements by either gift or purchase.
4. The Board hereby directs the County Manager or her designee to make purchase offers to
property owners for the drainage easements required to construct the Project, which offers shall be
based upon estimates of the market value of the subject real estate which have been developed by
licensed state -certified general real estate appraisers.
5. Purchase agreements shall be subject to approval by the Board.
This Resolution, adopted on this day of , 2023, after motion,
second and majority vote.
ATTEST:
CRYSTAL K. KINZEL, Clerk of the
Circuit Court & Comptroller
Approved as to form and legality:
Sally A. Ashkar
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
M.
RICK LOCASTRO, CHAIRMAN
Page 2
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