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Agenda 05/14/2024 Item #16B 1 (Resolution - to acquire a tract of land needed for construction of the Randall Blvd/Immokalee Road Project #6014705/14/2024 EXECUTIVE SUMMARY Recommendation to 1) adopt a resolution authorizing the purchase of 5.46 acres of unimproved property (Parcel 112POND) required for intersection improvements at Randall Boulevard/Immokalee Road (Project No. 60147); 2) authorize staff to make a purchase offer based on appraised value in accordance with Section 73.015, Florida Statutes; and 3) approve a purchase agreement at appraised value if the purchase offer is accepted by the property owner. Estimated Fiscal Impact: $634,000. OBJECTIVE: To acquire a tract of land (Parcel 112POND) needed for construction of the Randall Boulevard/Immokalee Road Project No. 60147 (the Project). CONSIDERATIONS: Collier County is seeking to purchase approximately 5.46 acres of unimproved land (Parcel 112POND or the Property) needed for construction of the Project, which will widen Randall Boulevard (from Immokalee Road to 8th Street NE) from two lanes to four lanes within a six -lane footprint, add sidewalks and on- street bike lanes, and improve drainage. Parcel 112POND is located on the southeast corner of Randall Boulevard and 8th Street NE and is owned by the Estate of Juan R. Herrera. The Property is required for construction of roadway, drainage and utility improvements associated with the Project, including a stormwater pond. The Property will also provide right of way and stormwater management facilities for the future widening of Randall Boulevard east of 8th Street NE (Randall Boulevard Project No. 60065). HNTB Corporation, the County’s engineering design consultants for the Project, has prepared an April 9, 2024, technical memorandum further explaining the need for the parcel in order to construct and maintain a stormwater/floodplain compensation pond for the Project. The technical memorandum is attached to this item. 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 attached appraisal report prepared by Carroll & Carroll, licensed state-certified real estate appraisers, dated April 7, 2024, estimates the market value of the property to be $630,000. The property is currently listed for sale at $649,000. Consistent with Section 73.015, Florida Statutes, the offer at appraised value will be made to the owner, and if accepted, the owner will execute the agreement. If the owner does not accept the offer at appraised value, staff will negotiate with the owner and return to the Board with a revised purchase agreement. The State of Florida Department of Transportation (FDOT), who conducted a Project Preliminary Engineering Report (the Study) dated October 12, 2020, has approved the advance acquisition of Parcel 112POND provided that, 1) the acquisition complies with the requirements of the Uniform Relocation Act (the Act); 2) the County conducts a Public Meeting to address the need for the acquisition of the Property (which meeting can be held after the acquisition); and 3) the acquisition is subject to Project Design & Engineering Re -evaluation, which will also be undertaken at the appropriate time after the acquisition. These requirements are triggered by the fact that Federal funds were used for the Study. In compliance with the Act, a written offer at appraised value, with notification of the owners’ statutory rights, will be mailed to the owner pursuant to Section 73.015, Florida Statutes. The attached agreement reflects a purchase price at appraised value, if accepted by the owner. If the County does not purchase the Property sooner rather than later, it may be sold to a private party and possibly even developed, which will substantially increase the cost of acquisition. Advance acquisition is accordingly recommended. The adoption of the attached resolution will provide staff with the Board’s authorization to make a purchase offer based upon the appraised value of the Property, consistent with the requirements of Section 73.015, Florida Statutes. Approval of this item will also authorize the Chairman of the Board to execute the attached purchase agreement at County appraised value if the owner accepts the County’s offer. 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. 16.B.1 Packet Pg. 635 05/14/2024 FISCAL IMPACT: If the property is purchased at appraised value, funds of $634,000 will be required, being the purchase price of $630,000 and estimated title policy, closing and recording fees of $4,000. 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 surtaxes. No maintenance costs are anticipated until such time as the Project is constructed. 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 is consistent with the requirements of Section 73.015, Florida Statutes, has been approved as to form and legality, and requires a majority vote for Board approval. - SAA RECOMMENDATION: That the Board 1) adopt a resolution authorizing the purchase of 5.46 acres of unimproved property (Parcel 112POND) required for intersection improvements at Randall Boulevard/Immokalee Road; 2) authorize staff to make a purchase offer based on appraised value in accordance with Section 73.015, Florida Statutes; and 3) approve a purchase agreement at appraised value if the purchase offer is accepted by the property owner. Prepared By: Robert Bosch, Manager, Right-of-Way Acquisition, Transportation Engineering Division. ATTACHMENT(S) 1. Resolution with Exhibits (PDF) 2. Purchase Agreement (PDF) 3. Aerial - Parcel 112POND (PDF) 4. [Linked] Preliminary Engineering Report - Final Dec 2020 (PDF) 5. [Linked] Appraisal Report 112POND (PDF) 6. Technical Memorandum_04.09.2024 (PDF) 16.B.1 Packet Pg. 636 05/14/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.B.1 Doc ID: 28554 Item Summary: Recommendation to 1) adopt a resolution authorizing the purchase of 5.46 acres of unimproved property (Parcel 112POND) required for intersection improvements at Randall Boulevard/Immokalee Road (Project No. 60147); 2) authorize staff to make a purchase offer based on appraised value in accordance with Section 73.015, Florida Statutes; and 3) approve a purchase agreement at appraised value if the purchase offer is accepted by the property owner. Estimated Fiscal Impact: $634,000. Meeting Date: 05/14/2024 Prepared by: Title: Manager, ROW Acquisition – Transportation Engineering Name: Robert Bosch 04/24/2024 3:46 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 04/24/2024 3:46 PM Approved By: Review: Transportation Engineering Anthony Khawaja TMSD Reviewer Completed 04/24/2024 4:15 PM Transportation Management Services Department Jeanne Marcella Transportation Management Services Department Completed 04/24/2024 4:21 PM Transportation Engineering Dennis McCoy TMSD Reviewer Completed 04/25/2024 6:38 AM Transportation Engineering Lisa Taylor TMSD Reviewer Completed 04/25/2024 6:51 AM Road Maintenance Marshal Miller TMSD Reviewer Completed 04/25/2024 10:49 AM Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed 04/25/2024 3:57 PM Road Maintenance Ellen Sheffey TMSD Reviewer Completed 04/26/2024 7:43 AM County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 04/26/2024 8:50 AM Transportation Management Services Department Trinity Scott Transportation Completed 04/26/2024 10:06 AM Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 04/26/2024 10:57 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2024 11:40 AM Office of Management and Budget Agnieszka Chudy TMSD Reviewer Completed 04/26/2024 1:41 PM County Manager's Office Ed Finn Level 4 County Manager Review Completed 05/01/2024 10:36 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM 16.B.1 Packet Pg. 637 16.B.1.a Packet Pg. 638 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.a Packet Pg. 639 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.a Packet Pg. 640 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.aPacket Pg. 641Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 16.B.1.a Packet Pg. 642 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.a Packet Pg. 643 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.a Packet Pg. 644 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.a Packet Pg. 645 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.a Packet Pg. 646 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.a Packet Pg. 647 Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.aPacket Pg. 648Attachment: Resolution with Exhibits (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 16.B.1.b Packet Pg. 649 Attachment: Purchase Agreement (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.b Packet Pg. 650 Attachment: Purchase Agreement (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.b Packet Pg. 651 Attachment: Purchase Agreement (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.b Packet Pg. 652 Attachment: Purchase Agreement (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.b Packet Pg. 653 Attachment: Purchase Agreement (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.b Packet Pg. 654 Attachment: Purchase Agreement (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.bPacket Pg. 655Attachment: Purchase Agreement (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj AERIAL – PARCEL 112POND RANDALL BLVD/IMMOKALEE RD PROJECT NO. 112POND PARCEL 112POND / PROJECT LOCATION 16.B.1.cPacket Pg. 656Attachment: Aerial - Parcel 112POND (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj HNTB Corporation 555 N. Broadway Ave Telephone (863) 804-3088 The HNTB Companies Bartow, Florida 33830 hntb.com Infrastructure Solutions TECHNICAL MEMORANDUM Parcel Acquisition --Randall Boulevard at 8th Street NE Project Name Date Immokalee Rd at Randall Blvd - Design County Project 60147 4/9/2024 HNTB Project No. County Contract No. 77330 22-7901 Introduction This technical memorandum has been prepared to document the background information to support the County acquisition of Parcel Number 37801360006 for the purpose of constructing and maintaining a stormwater/floodplain compensation pond for the widening of Randall Boulevard, from Immokalee Road to 8th Street NE, and future widening of Randall Boulevard, from 8th Street NE to 16th Street NE. Background The Florida Department of Transportation (FDOT) in collaboration with Collier County completed a Project Development and Environmental (PD&E) study in December of 2020 which supported the decision to improve the intersection of Immokalee Road and Randall Boulevard. The study found that the project would not have a significant impact to the local environment and was determined to be a Categorical Exclusion from the National Environmental Policy Act (NEPA). Location and Design Concept Acceptance (LDCA) was granted by FDOT on December 18, 2020. An integral component of the Immokalee/Randall intersection improvement is the widening of Randall Boulevard from two lanes to four lanes under the ongoing design project. The ultimate configuration for Randall Boulevard will consist of six lanes. The County retained the services of HNTB Corporation to prepare the final design plans for the Immokalee/Randall intersection and for the four-lane improvement with an accommodation for the future six lanes. Under this design contract, HNTB is also designing the stormwater management and environmental permitting concept. The PD&E study addressed three basins for the project – Basin 8, Basin 9, and Basin Randall. These basins were proposed to drain to, respectively, Existing County Pond 8, Existing County Pond 9, and Proposed Pond RDL-1 (to be located on the North Collier Fire District property). With the North Collier Fire District facility intended to remain at its current location, the County does not have access to Proposed Pond RDL-1, and the stormwater volume for Basin Randall must be accommodated via other means. The County has recently acquired Parcel Number 37745200002 16.B.1.f Packet Pg. 657 Attachment: Technical Memorandum_04.09.2024 (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) Technical Memorandum April 9, 2024 Page 2 of 5 (formerly “the Hoster property”) which is anticipated to accommodate the proposed treatment, attenuation, and floodplain compensation for the four-laning of Randall Boulevard. The Hoster property, however, does not have the capacity needed to address the ultimate six lane drainage needs for Randall Boulevard. Preliminary analysis indicates that an additional one acre of right of way would be required beyond the Hoster property boundary. The County has the opportunity to approach the owner of Parcel Number 37801360006 (“the Herrera property”). This property is currently listed for sale in its entirety, and approval has been granted by FDOT to initiate dialogue with the owner, while remaining in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (“ the Uniform Act” - 42 U.S.C. 4601 et seq.). The Herrera property provides the County with additional stormwater management/floodplain compensation capacity as well as additional potential to widen the mainline of 8th Street NE should future traffic demand require this improvement. The Herrera parcel has previously been identified during the PD&E study as a required parcel for widening the mainline eastbound lanes of the proposed Randall Boulevard. Therefore, this owner would have been contacted by the County during the standard right of way acquisition process. By collaborating with the property owner now, the County would find: a favorable condition for acquisition with a willing seller, the ability to avoid solely acquiring the property frontage while leaving a remainder and meet the needs of stormwater management/floodplain compensation capacity. The project design schedule and establishing right of way requirements does not accommodate the timeline of the property sale. A risk exists that this property could be acquired by others before the completion of a 60% design plan, an updated Pond Siting Report, and final right of way maps. This technical memo serves to expedite the review of this property to support the acquisition. Design Criteria The existing Randall Boulevard from Immokalee Road to 8th Street NE discharges to the Corkscrew Canal and is located within the North Golden Gate waterbody, Waterbody Identification Number (WBID) 3278S. This waterbody is part of the Big Cypress Basin and within the jurisdiction of the South Florida Water Management District (SFWMD). The design of stormwater management systems for this project is regulated by the rules and criteria set forth by the Florida Department of Environmental Protection (FDEP) and SFWMD. The North Golden Gate waterbody is impaired for dissolved oxygen and is on the Waters Not Attaining Standards (WNAS) list. In order to satisfy the Environmental Resources Permitting regulations, the project will have to meet the retention/detention criteria: • Water Quality – Retention, detention, or both retention and detention in the overall system shall be provided for one of the three following criteria or equivalent combinations thereof: 16.B.1.f Packet Pg. 658 Attachment: Technical Memorandum_04.09.2024 (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) Technical Memorandum April 9, 2024 Page 3 of 5 o Wet detention volume shall be provided for the first inch of runoff from the developed project, or the total runoff of 2.5 inches times the percentage of imperviousness, whichever is greater. o Dry detention volume shall be provided equal to 75 percent of the above amounts computed for wet detention. o Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention. • Impaired Waters – The stormwater management facility shall provide extra 50% water quality treatment volume for discharges to impaired water bodies and a site-specific water quality analysis to demonstrate “net improvement”. • Discharge Rate – The post-development discharge rate is limited to the pre-development discharge rate using a storm event of 3-day duration and 25-year return frequency. • Floodplain Encroachment and Compensation – No net encroachment into the floodplain, between the average wet season water table and that encompassed by the 100-year event, which will adversely affect the existing rights of others, will be allowed. Recommendation The Herrera property is an integral parcel required for the widening of Randall Boulevard, having been previously delineated during the PD&E study. The County is now able to coordinate with a willing seller. Present and future traffic needs require the purchase of this property. HNTB recommends the County to proceed with acquiring the Herrera property for both mainline widening and stormwater management as required for the widening of Randall Boulevard. Submitted by: Eduardo A. Ponce, PE Project Manager 16.B.1.f Packet Pg. 659 Attachment: Technical Memorandum_04.09.2024 (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) Technical Memorandum April 9, 2024 Page 4 of 5 The following images provide additional property details. The FEMA aerial depicts the site in relation to the surrounding floodplain (in blue). 100-year floodplains are shown in blue, and the 500-year floodplains are shown in orange.. Figure 1. FEMA Aerial Photo Figure 2. Parcel 37801360006 Property Appraiser Details 16.B.1.f Packet Pg. 660 Attachment: Technical Memorandum_04.09.2024 (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) Technical Memorandum April 9, 2024 Page 5 of 5 Figure 3. Aerial View of Parcel 37801360006 from PD&E Study 16.B.1.f Packet Pg. 661 Attachment: Technical Memorandum_04.09.2024 (28554 : Purchase of 112POND (Randall/Imokalee Intersection Proj 60147)) 16.B.1.fPacket Pg. 662Attachment: Technical Memorandum_04.09.2024 (28554 : Purchase of 112POND (Randall/Imokalee