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Agenda 04/23/2024 Item #11C (Resolution - making pre-suit offers fee simple and easement parcels for the Vanderbilt Beach Road Project)04/23/2024 EXECUTIVE SUMMARY Recommendation to direct the County Manager, or their designee, to make pre-suit offers for the fee simple and easement parcels required for the extension of Vanderbilt Beach Road from 16th street NE to Everglades Boulevard (Project No. 60249) in amounts based upon the appraised value of the properties sought to be acquired, with purchase agreements subject to approval by the Board of County Commissioners. Estimated fiscal impact: $17,195,000. _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ OBJECTIVE: To acquire the right-of-way and easements needed for construction of the Vanderbilt Beach Road Extension (Phase II) Project No. 60249 (the “Project”). CONSIDERATIONS: Phase I of the Vanderbilt Beach Road Extension extending from Collier Boulevard to 16 th Street NE (Project No. 60168), is presently under construction and is anticipated to be completed by May 2026. Phase II of the Vanderbilt Beach Road Extension is a two-mile Project that will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard. Two travel lanes will be constructed within the footprint of a four- lane high speed highway, to allow for future expansion as traffic demand increases. A future four -lane high speed highway could also be restriped to six lanes, if needed. Other project improvements include a new traffic signal at the new roadway’s intersection with Everglades Boulevard, a new bridge over the Golden Gate Main Canal, and sidewalk, pathway, drainage utility and related improvements. Construction of Phase II is scheduled to commence in Fall/Winter 2025 and will take approximately 18 months to complete. Prior to initiating eminent domain proceedings, Section 73.015, Florida Statutes, requires a condemning authority to attempt to negotiate in good faith with the fee owners of the parcels to be acquired, provide them with a written offer, and if requested, a copy of the appraisal report upon which an offer is based, and attempt to reach an agreement regarding the amount of compensation to be paid for the parcel. The adoption of the attached resolution will provide staff with the Board’s authorization to make purchase offers based upon the appraised value of the properties sought to be acquired, consistent with the requirements of Section 73.015, Florida Statutes. In total, 123 parcels need to be acquired for the Project, consisting of fee simple acquisitions, including the acquisition of four entire unimproved properties, permanent easements for road right -of- way, drainage and utility purposes, and temporary easements for driveway restoration purposes. Purchase offers will be based on the appraised value of the properties, as determined by licensed state-certified real appraisers. Purchase agreements will then be presented to the Board for approval. It is in the County’s best interest to seek to acquire the parcels required for the Project prior to the initiation of eminent domain proceedings. Pursuant to Sections 73.091 and 73.092, Florida Statutes, once eminent domain proceedings are initiated, the County will be required, where applicable, to pay severance damages and/or costs to mitigate damages to remainder properties caused as a result of the loss of the part taken by the condemning authority, and business damages. The County would also be responsible for paying all expenses for title work, real estate appraisals, and those expenses related to condemnation, such as property owner attorney fees and expert witness fees and costs. To the extent the County is able to purchase the properties it requires for the Project prior to filing an eminent domain action, these costs will be reduced significantly. This item is consistent with the Collier County strategic plan objective to design and maintain an effective transportation system to reduce traffic congestion and improve the mobility of our residents and visitors. FISCAL IMPACT: The fiscal impact associated with the acquisition of the parcels required for construction of the Project is estimated to be $17,195,000. The primary funding source for the acquisition of right-of-way is impact fees. Should impact fees not be sufficient within a particular project, the secondary funding source will be gas taxes. No maintenance costs are anticipated until such time as the Project is constructed. 11.C Packet Pg. 167 04/23/2024 GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the Long-Range Transportation Plan and Objective 1 of the Transportation Element of the Collier County Growth Management Plan to maintain the major roadway system at an acceptable Level of Service. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATION: That the Board 1) Adopt the attached Resolution; 2) Authorize the Chairman to execute same on behalf of the Board; and 3) Authorize any budget amendments that may be necessary to acquire the properties required for the Project. Prepared By: Robert Bosch, Manager, Right of Way Acquisition, Transportation Engineering Division, Transportation Management Services Department. ATTACHMENT(S) 1. Resolution (PDF) 2. PP Presentation -VBRX II 60249 (PDF) 11.C Packet Pg. 168 04/23/2024 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 28418 Item Summary: Recommendation to direct the County Manager, or their designee, to make pre-suit offers for the fee simple and easement parcels required for the extension of Vanderbilt Beach Road from 16th street NE to Everglades Boulevard (Project No. 60249) in amounts based upon the appraised value of the properties sought to be acquired, with purchase agreements subject to approval by the Board of County Commissioners. Estimated fiscal impact: $17,195,000. (Trinity Scott, Department Head, Transportation Management Services) Meeting Date: 04/23/2024 Prepared by: Title: Manager, ROW Acquisition – Transportation Engineering Name: Robert Bosch 03/22/2024 1:03 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 03/22/2024 1:03 PM Approved By: Review: Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 03/22/2024 3:41 PM Transportation Engineering Jay Ahmad TMSD Reviewer Completed 03/25/2024 8:13 AM Transportation Engineering Bee Thao TMSD Reviewer Completed 03/25/2024 10:54 AM Road Maintenance Marshal Miller TMSD Reviewer Completed 03/25/2024 3:28 PM Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed 03/25/2024 7:21 PM Transportation Engineering Lisa Taylor TMSD Reviewer Completed 03/27/2024 10:01 AM Road Maintenance Ellen Sheffey TMSD Reviewer Completed 03/29/2024 3:49 PM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/01/2024 9:35 AM Transportation Management Services Department Trinity Scott Transportation Completed 04/04/2024 11:12 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/04/2024 11:55 AM Community & Human Services Maggie Lopez OMB Reviewer Completed 04/04/2024 3:35 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/08/2024 9:13 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 04/16/2024 1:15 PM Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM 11.C Packet Pg. 169 11.C.a Packet Pg. 170 Attachment: Resolution (28418 : Offer Resolution - VBRX II 60249) 11.C.a Packet Pg. 171 Attachment: Resolution (28418 : Offer Resolution - VBRX II 60249) 11.C.a Packet Pg. 172 Attachment: Resolution (28418 : Offer Resolution - VBRX II 60249) 11.C.a Packet Pg. 173 Attachment: Resolution (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering Division Recommendation to direct the County Manager or her designee to make pre-suit offers for the fee simple and easement parcels required for the extension of Vanderbilt Beach Road from 16th street NE to Everglades Boulevard (Project No. 60249) in amounts based upon the appraised value of the properties sought to be acquired, with purchase agreements subject to approval by the Board of County Commissioners. 1 Vanderbilt Beach Road Extension (Phase II) Project No. 60249 (16th Street NE to Everglades Boulevard) Robert Bosch Manager, ROW Acquisition Transportation Engineering 11.C.b Packet Pg. 174 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering Division •Approximately two-mile extension of the VBRX Phase I roadway presently under construction. •Two lanes within footprint of four lane high speed highway/six lane highway from 16th Str. NE to Everglades Boulevard. •New signalized intersection at Everglades Boulevard. •New bridge over Golden Gate Main Canal. •Sidewalk, pathway, drainage, utility and related improvements. 2 Vanderbilt Beach Road Extension (Phase II) Project No. 60249 (16th Street NE to Everglades Boulevard) 11.C.b Packet Pg. 175 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering Division 3 Vanderbilt Beach Road Extension (Phase II) Project No. 60249 (16th Street NE to Everglades Boulevard) Typical Section 11.C.b Packet Pg. 176 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering DivisionNeed for Road Improvements 4 •Growth in Golden Gate Estates •Growth in Rural Land Stewardship Area •Meet Long Range Transportation Plan 11.C.b Packet Pg. 177 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering DivisionPurposeof a Gift and Purchase Resolution 5 1.Authorizes written offers at appraised value for purchase of right of way and easement parcels for the Project. 2.Enables staff to negotiate settlements subject to Board approval. 3.All agreements will be brought back to the Board for approval. 11.C.b Packet Pg. 178 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering Division 6 11.C.b Packet Pg. 179 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering DivisionRight-of-Way Acquisition 7 •123 parcels need to be acquired (4 unimproved full takes). •Width of corridor varies from around 200 to 227 feet. •Condemnation resolution to be scheduled for BCC consideration on May 28, 2024. •All right-of-way to be acquired by May 2025. •Construction to start in September 2025. 11.C.b Packet Pg. 180 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249) Transportation Management Services Department Transportation Engineering Division Recommendation to direct the County Manager or her designee to make pre-suit offers for the fee simple and easement parcels required for the extension of Vanderbilt Beach Road from 16th street NE to Everglades Boulevard (Project No. 60249) in amounts based upon the appraised value of the properties sought to be acquired, with purchase agreements subject to approval by the Board of County Commissioners. Estimated fiscal impact: $17,195,000. 8 Vanderbilt Beach Road Extension (Phase II) Project No. 60249 (16th Street NE to Everglades Boulevard) 11.C.b Packet Pg. 181 Attachment: PP Presentation -VBRX II 60249 (28418 : Offer Resolution - VBRX II 60249)