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Agenda 12/10/2024 Item #16B 6 (Resolution - Construction of stormwater improvements and maintenance of existing privately -owned pond required for the West Goodlette-Frank Rd Area Stormwater Improvement Project (Phase 2) Project No. 60142)12/10/2024 Item # 16.B.6 ID# 2024-1939 Executive Summary Recommendation to approve and adopt a Resolution authorizing the condemnation of those drainage easements necessary for the construction of stormwater improvements and maintenance of an existing privately-owned pond required for the West Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2) (Project No. 60142). (Estimated fiscal impact: $212,000) OBJECTIVE: To construct stormwater improvements for the “Sperling Court” part of the West Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), Project No. 60142 (the “Project”) and to take over maintenance of a privately-owned pond. CONSIDERATIONS: The Project will provide a central stormwater collection system, upgrade the potable water infrastructure in the area, and provide stormwater improvements. On May 9, 2023, the Board of County Commissioners (the “Board”) adopted Resolution No. 2023-82, authorizing the acquisition by gift or purchase of seventeen perpetual, non-exclusive drainage easements necessary for construction of the Project and maintenance of a privately-owned pond, which currently accepts surface water from the public right of way. Since then, twelve drainage easements have been acquired. Authority is now being sought to condemn the remaining five drainage easements, which the County has thus far been unable to acquire, either due to non-responsive or untraceable property owners, or title issues. Construction of the Project is scheduled to commence in late 2025; however, the County needs to incorporate the aforementioned pond into its water management system for maintenance purposes. The Board’s professional engineering staff and consultants have considered various factors during the design of the Project, including alternative alignments, public health, safety and welfare, long range planning needs, environmental impacts and cost. The Board is referred to the attached Technical Memorandum, dated November 10, 2023, prepared by Alexander P. Dunko, P.E. of Q. Grady Minor & Associates, P.A. Staff recommends that with the Board’s review of the Technical Memorandum, approval of this Executive Summary, the back-up documentation, and the proposed Condemnation Resolution, the Board finds that the perpetual, non-exclusive drainage easements (as depicted in the legal descriptions attached to the Condemnation Resolution) represent the most feasible location and are required for construction of the proposed improvements and maintenance of the pond. Staff further recommends that the Board make finding that it is necessary to acquire, by condemnation, if necessary, the drainage easements specified on each legal description attached to the Condemnation Resolution. 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 and maintain the pond, or caused as a result of construction of the proposed improvements, business damages, 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, as required by Sections 73.091 and 73.092, Florida Statutes. To the extent more settlements are achieved in lieu of litigation, these costs will be reduced significantly. All settlements are subject to approval by the Board. This item is consistent with the Collier County strategic plan objective to design and maintain an effective stormwater management system. FISCAL IMPACT: The fiscal impact associated with this item is estimated to be $212,000. Funding is available in Stormwater Capital Fund (3050), within the WGF Stormwater Improvement Project (60142). The sources of funding are general and unincorporated general funds. 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. Page 4443 of 10663 12/10/2024 Item # 16.B.6 ID# 2024-1939 LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATIONS: 1. Adopt the attached Condemnation Resolution; 2. Authorize the Board’s Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Condemnation Resolution and the approval of this Executive Summary. PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering Division. ATTACHMENTS: 1. Condemnation Resolution 2. Location Map 3. Condo Reso PP Presentation 4. Technical Memorandum Page 4444 of 10663 Page 4445 of 10663 Page 4446 of 10663 Page 4447 of 10663 Page 4448 of 10663 Page 4449 of 10663 Page 4450 of 10663 Page 4451 of 10663 Page 4452 of 10663 AERIAL MAP – SPERLING COURT PARCELS WEST GOODLETTE-FRANK ROAD AREA STORMWATER IMPROVEMENT PROJECT NO. 60142 LEGEND ---- ACQUIRED PARCELS ---- PARCELS TO BE ACQUIRED / Existing 24-inch RCP Existing Swale Page 4453 of 10663 Transportation Management Services Department Transportation Engineering Division Recommendation to adopt a Resolution authorizing the condemnation of those drainage easements necessary for the construction of stormwater improvements and maintenance of an existing privately-owned pond required for the West Goodlette- Frank Road Area Stormwater Improvement Project (Phase 2), No. 60142. Estimated Fiscal Impact: $212,000. 1 Condemnation Resolution Vanderbilt Beach Road Extension (Phase II) Peter Hayden Supervisor – Project Management (Lic) Page 4454 of 10663 Transportation Management Services Department Transportation Engineering Division The purpose of the project is 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. It is a joint effort between the City of Naples Utilities Department and Collier County Stormwater Management. An Interlocal Agreement is in place. 2 West Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), No. 60142 Page 4455 of 10663 Transportation Management Services Department Transportation Engineering Division 3 Location of Needed Drainage Easements Page 4456 of 10663 Transportation Management Services Department Transportation Engineering DivisionNeed for Road Improvements 4 •The pond currently serves as storage for stormwater conveyed by Collier County infrastructure in the surrounding neighborhood, but its existing top of bank falls within properties adjacent to the lake. •The existing inlet is a swale draining to the pond and maintained by a property owner to the north. •The outfall was installed at the pond’s northeast corner in 1999 to alleviate flooding and convey stormwater east to the Goodlette-Frank Road ditch. •The proposed design consists of replacing the existing swale with an inlet pipe and replacing the existing reinforced concrete pipe outlet. •The plan for pond maintenance includes removing invasive plant species that can restrict water flow and clog pipes. Page 4457 of 10663 Transportation Management Services Department Transportation Engineering DivisionEasement Acquisition 5 •Seventeen drainage easement are required, including the existing pond parcel. •All acquisitions are in the Sperling Court Area. •Gift and Purchase Resolution (No. 2023-82) was adopted by the BCC on May 9, 2023. •Since then, twelve parcels have been acquired by negotiation, with five parcels yet to be acquired. •Construction to start in 2025. Page 4458 of 10663 Transportation Management Services Department Transportation Engineering Division 6 Considerations for Condemnation Resolution 1.Alternative Alignments 2.The Costs of Competing Alternatives 3.Public Health, Safety and Welfare 4.Long Range Planning 5.Environmental Impacts Page 4459 of 10663 Transportation Management Services Department Transportation Engineering Division Recommendation to adopt a Resolution authorizing the condemnation of those drainage easements necessary for the construction of stormwater improvements and maintenance of an existing privately-owned pond required for the West Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2), No. 60142. Estimated Fiscal Impact: $212,000. 7 Goodlette-Frank Road Area Stormwater Improvement Project (Phase 2) Project No. 60142. Estimated Fiscal Impact: $212,000. Page 4460 of 10663 Civil Engineers  Land Surveyors  Planners  Landscape Architects Q. Grady Minor & Associates, P.A. Ph. 239-947-1144  Fax. 239-947-0375 3800 Via Del Rey EB 0005151  LB 0005151  LC 26000266 Bonita Springs, FL 34134 www.gradyminor.com TECHNICAL MEMORANDUM TO: Mr. Mark Zordan FROM: Alexander P. Dunko, P.E. SUBJECT: West Goodlette-Frank Rd. Stormwater Improvements Project Phase 2 – Sperling Court Parcels DATE: November 10, 2023 1. Project Description The West Goodlette Frank Phase 2 – Naples Bay Red Tide Septic to Sewer Project (Project) includes the design and implementation of improvements to the City of Naples owned potable water distribution system and a new central sanitary collection system to eliminate the onsite sewage treatment and disposal systems (OSTDS) and the design and implementation of improvements to Collier County owned stormwater, roadway, and sidewalk systems within the Project Area. The Project Area is generally described as the region located between Pine Ridge Road and Creech Road, and between Tamiami Trail North (US 41) and Goodlette Frank Road (Goodlette Road). Areas 1, 2, 3, and 6 are numbered pursuant to the City of Naples Master Sewer Plan for the City’s Unsewered Service Area (MSPCUA) and shown on the Project Area Map (Figure 1). The boundaries of each Area extend beyond the City’s unsewered areas to capture the stormwater drainage basins for a complete improvement project. Project Area 3 includes Solana Road, Highlands Drive, Trail Terrace Drive, Sperling Avenue, Sperling Court, Sperling Lane, Michigan Avenue, Cypress Woods Drive, 10th Street North, 12th Street North, and 14th Street North. Although some of the commercial properties on the perimeter of the Project Area are currently serviced by the City of Naples with central sewer (with private lift stations), the majority of Area 3 is unsewered. Area 3 consists primarily of single and multifamily residential homes between 10th Street North and 14th Street North. There are approximately 3 miles of roadway and 260 parcels within Area 3. Figure 1 - West Goodlette Frank Ph 2 - Naples Bay Red Tiede Septic to Sewer Project Areas Page 4461 of 10663 Mr. Mark Zordan Technical Memorandum – W. Goodlette-Frank Rd. Project Phase 2 November 10, 2023 G:\Engineering\PROJ-ENG\C\CN015\04DD\03Rpts-Corr\ROW Easement TM\Technical Memorandum - Final revised 20231103.docx Page 2 2. Need for Project Improvements Although Project Area 3 does not historically have flooding issues, the existing drainage system in this Area does not have a comprehensive drainage system and will benefit greatly from proposed improvements. The Preliminary Design Report included researching existing plats and plans in the project area. There are six separately platted subdivisions within Area 3. The Naples Improvement Company’s Little Farm (NICLF), which was platted in 1923, includes a deeded parcel for a pond south of the lots on Sperling Court. The pond is deeded to a private property owner, not to Collier County. Over time, development in this area included surface water improvements that convey surface water from the public right-of- way (ROW) into this pond. In the late 1990’s, Collier County recognized that this area was in need of maintenance and improvements. In 1999, the County constructed an outfall from the east side of the pond parcel to the Goodlette Road roadside swale. The outfall project included three separately recorded drainage easements (DE); a 10-ft wide DE for a 24” RCP from the pond to Sperling Court, a 10-ft wide DE for a 24” pipe along Sperling Court, and a 10-ft wide DE for a 36” RCP from 14th Street North to the Goodlette Road roadside swale. Currently, the access to the pond parcel is through a 15-ft wide strip of land from 12th Street North to the pond, however no existing easement dedicated to Collier County for access was found. In order to update and provide a comprehensive stormwater system, as well as to dedicate maintenance and responsibility of the pond to Collier County, additional easements are necessary. The proposed easements generally encompass the parcels 138DE through 154DE illustrated in Figure 2. Figure 2 - Proposed parcel clips Page 4462 of 10663 Mr. Mark Zordan Technical Memorandum – W. Goodlette-Frank Rd. Project Phase 2 November 10, 2023 G:\Engineering\PROJ-ENG\C\CN015\04DD\03Rpts-Corr\ROW Easement TM\Technical Memorandum - Final revised 20231103.docx Page 3 The current project’s design utilizes the pond as part of the new stormwater system as directed by the County Project Manager. A portion of the stormwater generated on the west side of the project is directed to a proposed pipe from 12th Street North into the pond which ultimately flows to the outfall piping mentioned previously. The City of Naples will construct a central gravity sanitary sewer system and potable water improvements within Area 3 and therefore, it is ideal for the County to construct the improvements in conjunction with the City’s proposed improvements as the ROWs will be disturbed. 3. Discussion A. Alternative routes/alignments Stormwater from the public ROW flows through the private pond and it is recommended to acquire easements around and through the pond as Collier County generally owns and maintains stormwater systems within the public ROWs and the County currently owns and maintains the existing stormwater system surrounding the pond parcel. It is feasible to design the stormwater infrastructure to divert the flow away from the pond, utilizing the proposed stormwater infrastructure along the adjacent streets within the Project area. However, alternative routing will increase the potential for conflicts with the City’s proposed gravity sewer system as the stormwater piping would likely need to be upsized and the redesign of the stormwater system along the adjacent roadways. Therefore, it is recommended that the private pond be used to continue to receive the flow of stormwater. B. The Safety of the traveling public There is no impact to the traveling public by either acquiring the pond and additional easements or rerouting of the stormwater. C. Long range planning No long-range planning issues were identified. D. Environmental Impacts The continued use of the pond to convey stormwater provides pre-treatment of stormwater runoff which can help to eliminate nutrients and potential contaminants from reaching the Goodlette Ditch and ultimately Gordon River, an impaired water body. E. Costs of completing alternative designs Currently the design for this Area is at the 60% stage as 60% Design plans have been provided the County. If an alternative design is required, additional stormwater modeling, as well as the potential redesign of the City’s proposed gravity sewer system and the County’s proposed stormwater system will also be necessary. The Consultant estimates the evaluation of an alternate design would cost approximately $79,450 and would take approximately 3-4 months to complete. Page 4463 of 10663 Mr. Mark Zordan Technical Memorandum – W. Goodlette-Frank Rd. Project Phase 2 November 10, 2023 G:\Engineering\PROJ-ENG\C\CN015\04DD\03Rpts-Corr\ROW Easement TM\Technical Memorandum - Final revised 20231103.docx Page 4 4. Recommendation The Consultant recommends acquiring the proposed drainage easements across and around the pond as this will allow the stormwater system to operate efficiently and will assist in the reduction of pollutants being conveyed into the Goodlette ditch, Gordon River, and ultimately the Gulf of Mexico. Page 4464 of 10663