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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 ell—*N Packet Pg. 378 7pnoo 6u!IaadS) Zbl09438foid -osab aseyoind +g ME) : L45bZ) V 3!q!4X3 LMM uo!;n!osab :;uauayoe;;y a, v � M Q � A— "nF • z +(n f► l 4. t 4 i ..—_ 4 • �..ar�+cv� IMF �. r 1 _ Ao t � •ram �t �.�. _ :� 11 A do A. fir �,- ' r.{~ ,, .a• �'i'� , Iq d ((aiie-1;anoo 6uipadS) M09;aafoad -osaa ase4aand 19 WO : LtiStiZ) uoi;e;uasaad dd :;uauay3e44V m 0- 0 0 m O 4) c� U L- D 0_ I cc N Q I M >N T V (1) O L- r -q Qale-jpnoo 6uilaadS) ZK09 }oafoid -osaN aseyoand TWO : LtiStiZ) uoi;e;uaseJd dd :;uewt43e44V Iq to tj V tu co 2i a X v �• N v aN-+ = +-j U c� i� �p O @ f5 .O 4-ro N N m o i av .E +-, Q1 �_ . — Q Q U +-' ro Ez v� a � �� o LL _ N 0 m � v o N c �i .ate_-' -u U cn ro i Q 0 M Q 4 +-+ O S—. 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