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Agenda 09/26/2023 Item #16B 2 (Temporary construction easement for Vanderbilt Beach Road Project)09/26/2023 EXECUTIVE SUMMARY Recommendation to approve an Agreement for the acquisition of a temporary construction easement (Parcel 102TCE) required for construction of the Vanderbilt Beach Road (US-41 to Goodlette-Frank Road) Project (Project No. 60199). Estimated fiscal impact: $54,108. OBJECTIVE: To acquire a temporary construction easement needed for construction of the Vanderbilt Beach Road (US-41 to Goodlette-Frank Road) Project (the “Project”). CONSIDERATIONS: Collier County is seeking a temporary construction easement (Parcel 102TCE) from Pelican Marsh Golf Club, Inc., needed for construction of the Project. Parcel 102TCE is a triangular shaped parcel, 8,867 square feet in extent, located just west of the northwest corner of Goodlette-Frank Road and Vanderbilt Beach Road. The attached Agreement is the result of amicable negotiations between the owner and County staff and provides for conveyance of Parcel 102TCE and compensation in the amount of $53,958 being the estimated cost of restoring landscaping, a retaining wall, and irrigation on Parcel 102TCE that will be impacted by construction of the Project improvements. This estimate is in today’s dollars and provides certainty, as the costs of restoration in years’ time (after the road construction is finished) is unknown and will likely increase. Further, allowing the owner to restore the easement area itself limits the County’s responsibility for restoration. The Agreement also provides for a Temporary License and Right of Entry to allow the County to install a temporary fence to screen the easement area from the golf course. Staff recommends that the Board of County Commissioners approve the Agreement. If this parcel is not acquired by negotiation, it will have to be condemned, in which case the County wi ll 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, would far exceed the negotiated full compensation amount. FISCAL IMPACT: Funds in the estimated amount of $54,108 are required, being the compensation amount of $53,958 and miscellaneous closing and recording costs estimated not to exceed $150. The funding source for the acquisition is Impact Fees Fund (3090) Vanderbilt 41 to Goodlette Project, 60199. No maintenance costs are anticipated until such time as the Project is 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. -DDP RECOMMENDATION: . Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board. . Accept the conveyance of Parcel 102TCE and authorize the County Manager, or her designee, to record the conveyance instrument 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 Temporary Construction Easement Agreement to close the transaction; and . Authorize the County Manager or her designee to take the necessary measures to ensure the County’s performance in accordance with the terms and conditions of the purchase agreement. Prepared By: Ronald Thomas, Property Acquisition Specialist I, Right of Way Acquisition, Transportation Engineering Division. ATTACHMENT(S) 1. Temporary Construction Agreement (PDF) 16.B.2 Packet Pg. 798 09/26/2023 2. VBR Widening Box Culvert Skew Exhibit (PDF) 3. Memo - Cost Estimate (PDF) 16.B.2 Packet Pg. 799 09/26/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.2 Doc ID: 26180 Item Summary: Recommendation to approve an Agreement for the acquisition of a temporary construction easement (Parcel 102TCE) required for construction of the Vanderbilt Beach Road (US-41 to Goodlette-Frank Road) Project (Project No. 60199). Estimated fiscal impact: $54,108. Meeting Date: 09/26/2023 Prepared by: Title: Property Aquisition Specialist I – Transportation Engineering Name: Ronald Thomas 07/21/2023 11:32 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 07/21/2023 11:32 AM Approved By: Review: Transportation Engineering Dennis McCoy Additional Reviewer Completed 07/21/2023 1:11 PM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 07/21/2023 4:10 PM Transportation Engineering Robert Bosch Additional Reviewer Completed 07/24/2023 10:52 AM Growth Management Community Development Department Lisa Taylor Additional Reviewer Completed 07/24/2023 2:18 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 07/24/2023 3:38 PM Road Maintenance Ellen Sheffey Additional Reviewer Completed 07/31/2023 12:48 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/31/2023 12:58 PM Road Maintenance Marshal Miller Additional Reviewer Completed 08/03/2023 1:35 PM Transportation Management Services Department Trinity Scott Transportation Completed 08/09/2023 9:56 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/28/2023 11:20 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/28/2023 11:46 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/29/2023 9:39 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 09/06/2023 9:57 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 09/15/2023 1:27 PM Board of County Commissioners Geoffrey Willig Meeting Pending 09/26/2023 9:00 AM 16.B.2 Packet Pg. 800 16.B.2.a Packet Pg. 801 Attachment: Temporary Construction Agreement (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.) 16.B.2.a Packet Pg. 802 Attachment: Temporary Construction Agreement (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.) 16.B.2.a Packet Pg. 803 Attachment: Temporary Construction Agreement (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.) 16.B.2.a Packet Pg. 804 Attachment: Temporary Construction Agreement (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.) 16.B.2.a Packet Pg. 805 Attachment: Temporary Construction Agreement (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.) 16.B.2.b Packet Pg. 806 Attachment: VBR Widening Box Culvert Skew Exhibit (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.) TRANSPORTATION MANAGEMENT SERVICES DEPARTMENT MEMORANDUM To: Robert Bosch, Manager, Right of Way Acquisition, Transportation Engineering From: Lisa Barfield, Review Appraiser, ROW Acquisition Section, Transportation Engineering Date: August 23, 2023 Subject: Replacement Cost Estimate; Parcel 102TCE, Project #60199 Vanderbilt Beach Rd Overview Collier County Transportation Management Services Department is in the process of acquiring right-of-way needed for the widening of Vanderbilt Beach Road (US-41 to Goodlette), project #60199. A temporary construc�on easement is necessary from Pelican Marsh Golf Club, Inc for this project. Pelican Marsh has agreed to grant this temporary construc�on easement if they are compensated for their out-of-pocket expenses. These expenses include the cost to replace landscaping, sod, and irriga�on, and the cost to paint a 5’ gravity wall that Collier County will be construc�ng in place of the exis�ng gravity wall. Kathrine Chachere, Project Manager, Collier County Road Maintenance Division, and I completed an inspec�on on April 25, 2023. During this inspec�on the items in the easement area that would be affected were inventoried. We also reviewed a proposal by Blue Landscape Contrac�ng Group, LLC, dated 03/28/2023. This proposal was subsequently revised on 05/28/2023 and included the costs to replace irriga�on, the green butonwood hedge, 4 cabbage palms, and to sod the affected area. These items on the revised es�mate were found to be fair and reasonable. In addi�on to the items contained in the Blue Landscape quota�on, there were 60 Ficus bushes (approximately 6’) and an exis�ng 5’ gravity wall also contained within the proposed easement boundaries. The 60 Ficus Benjaminas (25 gallon) are es�mated at $200 per, for a total of $12,000. This was verified through wholesale plant suppliers and informa�on from local vendors. The gravity wall will be replaced by Collier County, however, the onus of pain�ng the gravity wall is on the owner and is es�mated to cost $3000. This amount was determined to be fair and reasonable by use of an online cost es�mator and discussions with Collier County Transporta�on Engineering personnel. 16.B.2.c Packet Pg. 807 Attachment: Memo - Cost Estimate (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.) The Parent Tract The parent tract address is 1641 Marsh Run (Parcel ID 66679200259) and is comprised of 5 noncontiguous polygons located north of Vanderbilt Beach Road, south of Pelican March Blvd, and on the east and west of Goodlette Frank Rd N. The property is improved with fairway, green, and tee polygons and maintained as a golf course known as Pelican March Golf Club. Description of Parcel 102TCE Parcel No. 102TCE is an irregular shaped polygon that included 185’ of the southwesterly boundary located on Vanderbilt Beach Road. The TCE is a temporary construction easement that will be utilized to construct a weir included in the project’s drainage plans. The parcel contains 0.204 acres. Replacement Costs of Improvements Located Within Parcel 102TCE Item Quantity Units Price Per Unit Total Green Buttonwood (25 gallon) 60 each $250.00 $15,000.00 Ficus Benjaminas (25 gallon) 60 each $200.00 $12,000.00 Sod (Celebration Bermuda) 335 sq yd $24.36 $8,160.00 Cabbage Palm (20’) 4 each $400.00 $1,600.00 Palm Staking 4 each $70.00 $280.00 Pine Straw 60 bale $8.00 $480.00 Irrigation 1 area $3,500.00 $3500.00 Mobilization-crew and equipment for site prep and replacement of sod. 1 each $7,500.00 $7,500 Freight (landscaping material) 1 each $2,438.00 2,438.00 Exterior Painting and Sealing Wall 900 sq ft $3.33 $3000.00 Total $53,958.00 Total Amount Due Owner: The negotiated total amount due to the owner for parcel 102TCE is the replacement cost new of the affected improvement. An estimate of value for the temporary construction easement was not developed as no compensation is being paid for the easement. TOTAL AMOUNT DUE OWNER: $53,958 16.B.2.c Packet Pg. 808 Attachment: Memo - Cost Estimate (26180 : 60199-102TCE Pelican Marsh Golf Club, Inc.)