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BCC Agenda 02/13/2024 Item #16B 3 (Resolution - Authorizing the exchange of 1.51 acres of land on the south side of Painted Leaf Lane)02/13/2024 EXECUTIVE SUMMARY Recommendation to approve an agreement and adopt a Resolution that authorize the exchange of 1.51 acres of land on the south side of Painted Leaf Lane for 1.69 acres of adjoining land to be assembled with abutting County-owned land, for future right of way, drainage, utility and/or other public uses. Estimated fiscal impact: $28,000 revenue. _____________________________________________________________________________________ OBJECTIVE: To exchange a portion of unimproved County owned property (the “County Exchange Parcel”) located on the south side of Painted Leaf Lane, for a portion of adjoining property (the “Graziani Exchange Parcel”). CONSIDERATIONS: Collier County (the “County”) was approached by Ronen and Leeanne Graziani (the “Grazianis”) with a request to exchange the County Exchange Parcel, which is part of a 3.53 acre County owned property, for the Graziani Exchange Parcel, which is part of the Grazianis’ 2.94 acre property that abuts the south side of the County owned property. Both properties are unimproved and currently zoned “E - Estates”. The County Exchange Parcel is 1.51 acres; the Graziani Exchange Parcel is 1.69 acres. The County owned property was purchased in 2009 pursuant to settlement of a condemnation lawsuit for the taking of right-of-way needed for construction of the Santa Barbara Boulevard (Phase 1) Project No. 62081 (the Project). On December 12, 2023, (Agenda Item 16B20), the Board of Collier County Commissioners (the “Board”) approved a request to advertise notice of the terms and conditions of this proposed exchange of property. Aside from adding 0.18 acres to the County owned property, which will total 3.71 acres after the proposed land exchange, the property will remain suitable to provide additional right-of-way and/or a pond site that may be needed for Phase 2 of the Project. The land exchange will also eliminate the need to acquire additional right of way from the Grazianis' property that may be needed for the future phase. As consideration for the proposed land exchange, the Grazianis are willing to enter into a Property Exchange Agreement that will include the following obligations, requirements and undertaking; 1) payment to the County of $28,000 to compensate for the reduction in market value of the County owned property; 2) payment of all costs relating to the property exchange, the owners already having paid surveyor, publication and appraisal costs; 3) an undertaking not to object to any application by the County for a zoning amendment relati ng to the County owned property after the exchange to allow uses not permitted under the current zoning; 4) waiver of any damages or other compensation claims arising from the County’s future use of the County owned property, and 5) recordation in the public records of Collier County of a Declaration of Restrictive Covenants giving effect to the aforementioned undertaking and waiver, which will also be binding upon the owners successors in title. Additionally, to facilitate the formal adjustment of lot lines between the properties, the Grazianis will make application and obtain approval for a required Lot Line Adjustment, pursuant to Land Development Code section 4.03.04 B. For these reasons, staff recommends that the Board adopt the attached resolution app roving the exchange of property and authorizing the Board’s Chairman to execute any and all documents required to effectuate the exchange and authorizing the Chairman or the County Manager or designee to execute any and all documents required to effectuate the related and required lot line adjustment; and approve the attached Property Exchange Agreement. This item is consistent with the Collier County strategic objective to plan and build public infrastructure and facilities to effectively, efficiently, and sustainably meet the needs of our community. FISCAL IMPACT: Funds in the amount of $28,000 will be received by Collier County at closing and will go back to Gas Taxes Fund (3083), Project 62081. The costs of publishing the notice of intent to exchange pr operty, along with all other costs relating to the property exchange, including the lot line adjustment and recording costs, will be paid by the owners. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive 16.B.3 Packet Pg. 425 02/13/2024 Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP RECOMMENDATION: To: 1) Adopt the attached Resolution authorizing the subject property exchange, pursuant to Section 125.37, Florida Statutes; 2) Approve the attached Property Exchange Agreement, authorize the Chairman to execute same on behalf of the Board; 3) Accept the conveyance of the Graziani Exchange Parcel; and authorize the Chairman to execute and deliver the deed for the County Parcel at closing and direct County staff to cause both deeds and the Declaration of Restrictive Covenants to be recorded in the Official Records of Collier County at the Grazianis’ expense; and 4) Authorize the Chairman to execute all required closing documents, in a form approved by the Office of the County Attorney, and to take all necessary and appropriate measures to ensure the County’s performance in accordance with the terms and conditions of the Property Exchange Agreement, including executed any documents necessary for the related and required lot line adjustment. Prepared By Robin L. Goldsboro, Property Acquisition I, Right -of-Way Acquisition, Transportation Engineering Division. ATTACHMENT(S) 1. Graziani - Property Exchange Agreement (PDF) 2. Graziani - Proposed Resolution (PDF) 3. [Linked] Appraisal dov 11 May 2023 Graziani (PDF) 4. Graziani - Restrictive Covenants(PDF) 5. Proof of Publication - Legal Notice (PDF) 6. Properties Before & After Exchange (PDF) 7. County - Graziani Exchange Parcels (PDF) 8. legal notice (electronic only) - Agenda ID 27641 (PDF) 16.B.3 Packet Pg. 426 02/13/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.3 Doc ID: 27641 Item Summary: Recommendation to approve an Agreement and adopt a Resolution that authorize the exchange of 1.51 acres of land on the south side of Painted Leaf Lane for 1.69 acres of adjoining land to be assembled with abutting County-owned land, for future right of way, drainage, utility and/or other public uses. Estimated fiscal impact: $28,000 revenue. Meeting Date: 02/13/2024 Prepared by: Title: Property Aquisition Specialist I – Transportation Engineering Name: Robin Goldsboro 01/09/2024 7:42 AM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 01/09/2024 7:42 AM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 01/09/2024 8:58 AM Transportation Engineering Robert Bosch Additional Reviewer Completed 01/10/2024 1:31 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 01/16/2024 7:30 AM Unknown Lisa Taylor Additional Reviewer Completed 01/16/2024 2:13 PM Road Maintenance Ellen Sheffey Additional Reviewer Completed 01/16/2024 2:28 PM Transportation Management Operations Support Tara Castillo Additional Reviewer Completed 01/16/2024 9:07 PM Road Maintenance Marshal Miller Additional Reviewer Completed 01/17/2024 11:36 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 01/23/2024 10:12 AM Transportation Management Services Department Trinity Scott Transportation Completed 01/24/2024 4:01 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/24/2024 4:06 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/25/2024 8:22 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 01/25/2024 3:38 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/05/2024 10:42 AM Board of County Commissioners Geoffrey Willig Meeting Pending 02/13/2024 9:00 AM 16.B.3 Packet Pg. 427 16.B.3.aPacket Pg. 428Attachment: Graziani - Property Exchange Agreement (27641 : 99999-517CONV Graziani St. Barbara Blvd) 16.B.3.aPacket Pg. 429Attachment: Graziani - Property Exchange Agreement (27641 : 99999-517CONV Graziani St. Barbara Blvd) 16.B.3.aPacket Pg. 430Attachment: Graziani - Property Exchange Agreement (27641 : 99999-517CONV Graziani St. Barbara Blvd) 16.B.3.aPacket Pg. 431Attachment: Graziani - Property Exchange Agreement (27641 : 99999-517CONV Graziani St. Barbara Blvd) 16.B.3.aPacket Pg. 432Attachment: Graziani - Property Exchange Agreement (27641 : 99999-517CONV Graziani St. Barbara Blvd) 16.B.3.aPacket Pg. 433Attachment: Graziani - 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Graziani Exchange Parcels (27641 : 99999-517CONV Graziani St. Barbara Blvd) NOTICE OF PUBLIC HEARING REGARDING AN EXCHANGE OF COUNTY-OWNED PROPERTY Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on February 13, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF 1.51 ACRES OF LAND ON THE SOUTH SIDE OF PAINTED LEAF LANE CURRENTLY OWNED BY COLLIER COUNTY FOR 1.69 ACRES OF ADJOINING LAND AND APPLICATION FOR THE RELATED LOT LINE ADJUSTMENT. and, in accordance with Florida Statutes section 125.37, notice is hereby given that the Board of County Commissioners of Collier County, Florida, shall consider the following terms and conditions regarding the exchange of property: THE EXCHANGE OF COUNTY-OWNED LAND, BEING A 1.51 ACRE PORTION OF THE NORTH 180 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 30, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR LAND OWNED BY RONEN AND LEEANN GRAZIANI, BEING A 1.69 ACRE PORTION OF THE SOUTH 150 FEET OF TRACT 109, GOLDEN GATE ESTATES, UNIT NO. 30, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE AFOREMENTIONED PLAT. THE EXCHANGE WILL BENEFIT THE PUBLIC FOR PUBLIC USES INCLUDING RIGHT OF WAY, A POND SITE, AN EMERGENCY MANAGEMENT SERVICES STATION OR PARK & RIDE FACILITY. MONETARY COMPENSATION OF $28,000 SHALL BE PAID BY RONEN AND LEEANN GRAZIANI FOR THE EXCHANGE. A copy of the proposed resolution is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. Additional information (including legal descriptions) regarding this exchange of property may be obtained by contacting Robin Goldsboro, Right of Way Acquisition, Transportation Engineering Division at (239) 252-5880 or robin.goldsboro@colliercountyfl.gov. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the 16.B.3.h Packet Pg. 487 Attachment: legal notice (electronic only) - Agenda ID 27641 (27641 : 99999-517CONV Graziani St. Barbara Blvd) public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN CRYSTAL K. KINZEL, CLERK By: Martha Vergara, Deputy Clerk Posted to notices.collierclerk.com on [01/29/2024]. 16.B.3.h Packet Pg. 488 Attachment: legal notice (electronic only) - Agenda ID 27641 (27641 : 99999-517CONV Graziani St. Barbara Blvd)