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Agenda 01/28/2025 Item #16B 2 (Approve Agreement for purchase of right of way for Vanderbilt Beach Rd. Ext. Phase 2 Project)1/28/2025 Item # 16.B.2 ID# 2024-2319 Executive Summary Recommendation to approve an Agreement for the purchase of right of way (Parcel 1364FEE) required for the Vanderbilt Beach Road Ext – Phase 2 Project (Project No. 60249). Estimated Fiscal Impact: $82,483. OBJECTIVE: To acquire right of way needed for the Vanderbilt Beach Road Extension – Phase 2 Project 60249 (the “Project”). CONSIDERATIONS: The Project will extend Vanderbilt Beach Road from 16th Street NE to Everglades Boulevard. Collier County is seeking to purchase a fee simple interest in a parcel of right of way, Parcel 1364FEE (the “Parcel”), required for construction of the Project. The improved parent tract is owned by Terri A. and Raymond Lee Bennett and is located on the north side of 10th Ave NE. The Parcel consists of a strip taking along the rear, northerly boundary of the parent tract and is approximately 0.17 acres in extent. An aerial photograph of the subject property is attached. The attached appraisal report summary prepared by RKL Appraisal and Consulting, dated June 10, 2024, estimates the full compensation amount for the Parcel to be $41,300. The property owner’s initial demand was $89,600, plus attorney and expert fees. The attached Agreement reflects a negotiated purchase price of $67,500, plus $8,646 in statutory attorney fees and $5,837 in expert fees and costs. If the Parcel is not acquired by negotiation, it will have to be condemned. Should condemnation become necessary, the County will be required to pay additional attorney and expert witness fees according to Sections 73.091 and 73.092, Florida Statutes, plus other expenses related to condemnation. The Transportation Engineering Division accordingly recommends approval of the Agreement since a better result is not anticipated if the Parcel is condemned. 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: Funds of $82,483 are required, being the negotiated compensation amount of $67,500, attorney fees and costs of $14,483, and estimated closing and recording fees of $500. The primary funding source for the acquisition of right of way is through Road Impact Fee District Funds (3090, 3091, 3092, 3093, 3094, 3095) in the Vanderbilt Beach Road from 16th to Everglades Project (60249). Should impact fees not be sufficient, the secondary funding source will be Road Construction Gas Tax Fund (3083) and Transportation Capital Fund (3081). 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 has been reviewed by the County Attorney’s Office. If the County needs to acquire this right of way by eminent domain, the costs of acquisition will be significantly greater than the proposed compensation and could lead to substantial project delays and costs. With that noted, this item is approved as to form and legality and requires majority vote for approval. - DDP RECOMMENDATIONS: 1. Approve the attached Agreement and authorize the Chairman to execute same on behalf of the Board; 2. Accept the conveyance of Parcel 1364FEE and authorize the County Manager, or her designee, to record the conveyance instrument in the public records of Collier County, Florida; 3. Authorize the payment of all costs and expenses that Collier County is required to pay under the terms of the Agreement to close the transaction; and 4. 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 Agreement. Page 431 of 3681 1/28/2025 Item # 16.B.2 ID# 2024-2319 PREPARED BY: Ronald Thomas, Property Acquisition Specialist I, Right of Way Acquisition, Operations and Performance Management Division. ATTACHMENTS: 1. Aerial - Parcel 1364FEE 2. Purchase and Sale Agreement 1364FEE 3. Appraisal Summary Report 1364FEE Page 432 of 3681 AERIAL – PARCEL 1364FEE (Vanderbilt Beach Road Extension Phase 2 Project No. 60249) PARCEL 1364FEE / 10th Ave NE Page 433 of 3681 Page 434 of 3681 Page 435 of 3681 Page 436 of 3681 Page 437 of 3681 Page 438 of 3681 Page 439 of 3681 Page 440 of 3681 4500 Executive Drive, Suite 230 Naples, FL 34119-8908 Phone: 239-596-0800 www.rklac.com REAL ESTATE APPRAISAL REPORT VANDERBILT BEACH ROAD EXTENSION PHASE II Residential Parcel No. 1364 FEE 10th Ave NE Naples, Collier County, Florida, 34120 PREPARED FOR: Ms. Lisa Barfield Review Appraiser Collier County Transportation Engineering Division, Right of Way Acquisition 2885 South Horseshoe Drive Naples, FL 34104 EFFECTIVE DATE OF THE APPRAISAL: May 3, 2024 DATE OF THE REPORT: June 10, 2024 REPORT FORMAT: Appraisal Report PREPARED BY: RKL Appraisal and Consulting, PLC RKL File Number: 2024-098 (Parcel No. 1364 FEE) Page 441 of 3681 4500 Executive Drive, Suite 230 Naples, FL 34119-8908 Phone: 239-596-0800 www.rklac.com June 10, 2024 Ms. Lisa Barfield Collier County Transportation Engineering Division, Right of Way Acquisition 2885 South Horseshoe Drive Naples, FL 34104 Re: Real Estate Appraisal Vanderbilt Beach Road Extension Phase II Parcel No. 1364 FEE 10th Ave NE, Naples, Collier County, Florida, 34120 RKL File Number: 2024-098 (Parcel No. 1364 FEE) Dear Ms. Barfield: At your request, RKL Appraisal and Consulting, PLC has prepared the accompanying appraisal for the above referenced property. The purpose of the appraisal is to estimate the market value of the fee simple interest in the parent tract before and after the proposed acquisition. The intended users for the assignment are Collier County Transportation Engineering Division, Right of Way Acquisition. The intended use of the appraisal is as a basis of value for determining full compensation to the property owner for the loss of the real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of, or activity upon, the proposed Fee Simple Acquisition area. We use the appraisal report option of Standards Rule 2-2 of USPAP to report the assignment results. Please reference the appraisal scope section of this report for important information regarding the scope of research and analysis for this appraisal, including property identification, inspection, highest and best use analysis, and valuation methodology. The accompanying appraisal conforms with the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. The parent tract consists of a vacant parcel of land containing a total of 1.14 acres, or 49,500 square feet. Low density residential uses with limited agricultural uses are permitted under the present Estates (E) zoning designation. Page 442 of 3681 Ms. Lisa Barfield Collier County Transportation Engineering Division, Right of Way Acquisition June 10, 2024 Page 2 4500 Executive Drive, Suite 230 Naples, FL 34119-8908 Phone: 239-596-0800 www.rklac.com Based on the appraisal described in the accompanying report, subject to the Limiting Conditions and Assumptions, Extraordinary Assumptions and Hypothetical Conditions (if any), it is my opinion that the amount due the property owner, as a result of the loss of real estate resulting from the property rights and improvements (if any) which are proposed to be acquired, including all diminution in value to the remainder land and improvements (if any) which can be attributed to the use of, or activity upon, the proposed Fee Simple Acquisition (Parcel No. 1364 FEE), as of May 3, 2024, is: SUMMARY OF TOTAL COMPENSATION Value of Property Rights Taken: $17,200 Value of Improvements Taken: $0 Severance Damages: $24,100 Net Cost to Cure: $0 TOTAL AMOUNT DUE OWNER: $41,300 The value conclusion(s) are subject to the following hypothetical conditions and extraordinary conditions. These conditions may affect the assignment results. Hypothetical Conditions: It is a hypothetical condition the proposed acquisition and the proposed roadway improvements have been completed as of the effective date of the appraisal. Extraordinary Assumptions: None. Respectfully submitted, RKL APPRAISAL AND CONSULTING, PLC Rachel M. Zucchi, MAI, CCIM Florida State-Certified General Real Estate Appraiser RZ2984 rzucchi@rklac.com; Phone 239-596-0801 Page 443 of 3681