Agenda 01/11/2011 Item #10A
Agenda Item NO.1 OA
January 11, 2011
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to adopt a resolution seeking authority to acquire by gift or purchase those
perpetual and temporary easement interests necessary for the construction of stormwater
improvements for the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement
Project. (Project No. 51101.) Estimated fiscal impact: $1,556,500.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of those
perpetual and temporary easements necessary for the construction of stormwater improvements
known as the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project. (LASIP.)
CONSIDERATIONS: The Board of County Commissioners has clearly stated its concern over the
extreme flooding issues during the rainy season in the East Naples area. The Lely Area Stormwater
Improvement Project has been in the design and permitting phase for 18 years. During this period,
a significant amount of time and effort has been spent on the analysis of dozens of considerations
resulting in LASIP's final alignment. This alignment is based on the natural overland flow of
stormwater working in concert with existing wetlands as well as existing ditches and canals
constructed many years ago. The majority of this final alignment is in the same location as the
existing ditches and canals. LASIP will deepen and widen these existing facilities providing the
ability to drain the abundant stormwater we receive in the rainy season and to retain the limited
stonnwater that falls in the dry season.
The natural direction of sheet flow in the LASIP area is in a generally southwest direction toward
the coastal zone and the headwaters of Sandhill and Rookery Bays. Nearly all of the existing
conveyance ditches and public canals previously constructed within the LASIP area since the
1950's have been "designed" to convey water to the south and to the west. Eighteen years of
analysis has revealed that the most viable approach to construct stormwater improvements within
the area is to follow these existing conveyance alignments. Since the entire LASIP area is virtually
at "build-out," any alternative alignment would have serious negative and costly real estate impacts.
The only practical method for increasing stormwater discharge and alleviating flooding is to widen
the existing ditches and canals. However, these ditches and canals must be enlarged in order to
accommodate the increased volume of storm water draining through them.
The attached map shows the location of the Outfall 3 and Outfall 4 easement acquisition for which
this authorization is being sought. The various easement interests necessary to complete these
segments of LASIP are drainage easements, drainage, access and maintenance easements and
temporary construction easements.
FISCAL IMPACT: The cost of acquiring the easements necessary to complete these segments of
LASIP is estimated to be $1,556,500. This amount includes not just the direct cost of all easements
required for construction; it also includes an estimate of severance damages to remaining properties
caused as a result of the part taken to construct the project, as well as all expenses for title work,
real estate appraisals, and those expenses, such as property owner attorney fees and expert witness
fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S., and the
costs related to condemnation when necessary. Of course, to the extent settlements are achieved in
lieu of litigation, this figure may be reduced significantly. All such payments will be made from the
Agenda Item No. 10A
January 11, 2011
Page 2 of 10
Stormwater Capital Improvement Fund 325 under the Lely Area Stormwater Improvement Project,
Project No. 51101. The balance of funds necessary will be programmed into the project as the
multi-year acquisition effort proceeds. Source of funds is Ad Valorem taxes.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board approval by simple majority vote. RNZ
RECOMMENDA TION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Resolution;
2. Authorize its 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 Resolution and the approval of this
Executive Summary.
Prepared by: Robert Bosch, ROW Coordinator - Transportation Engineering.
Attachment: 1) Gift and Purchase Resolution with Exhibit; 2) Vicinity Map.
Agenda Item NO.1 OA
January 11, 2011
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10A
Recommendation to adopt a resolution seeking authority to acquire by gift or purchase those
perpetual and temporary easement interests necessary for the construction of stormwater
improvements for the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement
Project. (Project No. 51101.) Estimated fiscal impact: $1,556,500. (Norman Feder,
Administrator, Growth Management Division)
1/11/2011 9:00:00 AM
Meeting Date:
Prepared By
Robert Bosch
Right Of Way Coordinator
Transportation Engineering &
Construction Management
Date
Transportation Division
12/20/2010 4:31 :06 PM
Approved By
R. Shane Cox, P.E.
Project Manager, Senior
Date
Transportation Division
Transportation Road Maintenance
12/21/2010 4:06 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Division
Transportation Administration
12/22/20107:35 AM
Approved By
Norm E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
12/22/2010 8:33 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
12/22/201010:16 AM
Approved By
Nick Casaianguida
Director - Transportation Pianning
Date
Transportation Division
Transportation Planning
12/22/201010:40 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Date
Transportation Division
Transportation Engineering &
Construction Management
12/22/2010 12:34 PM
Approved By
Jeff Klatzkow
County Attorney
Date
12/22/20104:02 PM
Approved By
Najeh Ahmad
Transportation Division
Agenda Item No. 10A
January 11, 2011
Page 4 of 10
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
12/23/201012:45 PM
Approved By
Natali Betancur
Transportation Division
Administrative Assistant
Date
Transportation Road Maintenance
12/28/20109:12 AM
Approved By
Susan Usher
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
12/30/2010 10:34 AM
Approved By
Mark Isackson
Office of Management &
Budget
Management/Budget Analyst, Senior
Date
Office of Management & Budget
1/4/2011 9:01 AM
Agenda Item NO.1 OA
January 11, 2011
Page 5 of 10
RESOLUTION NO. 2011-
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR
PURCHASE OF THOSE PERPETUAL AND TEMPORARY EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
STORMWATER IMPROVEMENTS KNOWN AS THE OUTFALL 3 AND 4
SEGMENTS OF THE LELY AREA STORMWATER IMPROVEMENT
PROJECT. (pROJECT NO. 51101.)
WHEREAS, on June 8, 2004, the Board of County Commissioners of Collier County,
Florida adopted Resolution No. 2004-205, authorizing the acquisition by gift or purchase of land
and easements required for the construction of stormwater improvements known as the Lely
Area Stormwater Improvement Project ("LASIP"), located in east Naples; and
WHEREAS, since the adoption of the aforesaid resolution several segments of the LASIP
project have been designed and permitted, the land and easements have all been acquired, and in
most cases the construction has already been completed; and
WHEREAS, plans and specifications have been prepared for construction of stormwater
improvements known as the Outfall 3 and 4 segments ("Outfalls 3 and 4") of LASIP, which
require easements to be acquired before construction may begin; and
WHEREAS, estimates of the cost of easement acquisition required for Outfalls 3 and 4
have recently been completed; and
WHEREAS, the Board of County Commissioners, after considering the current estimated
cost of acquiring the property rights necessary to begin construction on Outfalls 3 and 4, desires
to reaffirm the delegation of authority to acquire said easements by gift or purchase; and
WHEREAS, the acquisition of the easements and the construction of Outfalls 3 and 4,
within the boundaries depicted in Exhibit "A", attached hereto and incorporated herein, is in the
best interests of the citizens of Collier County.
Agenda Item NO.1 OA
January 11, 2011
Page 6 of 10
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that construction of stormwater improvements known as the
Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project, Project No. 51101,
is necessary and is in the best interest of the citizens of Collier County.
2. The acquisition of various easement interests required for the construction of the Project
is an integral part of the County's long range planning effort, and is included in the Capital
Improvement Element of the Collier County Growth Management Plan, as approved by the
Florida Department of Community Affairs.
3. It is necessary and in the best interest of Collier County for the Board to authorize the
acquisition of Drainage Easements, Drainage Access and Maintenance Easements, and
Temporary Construction Easements to enable construction of stormwater improvements known
as the Outfall 3 and 4 segments of the Lely Area Stonnwater Improvement Project, within the
Project boundaries identified in Exhibit "A" (attached hereto and by reference made a part
hereof), and the County Manager or his designee is hereby authorized and directed to acquire
said easements by either gift or purchase.
4. The Board hereby directs the County Manager or his designee to make purchase offers to
property owners for the easements required to construct the project, which offers shall be based
upon estimates of the market value of the subject real estate which have been developed by
licensed state-certified general real estate appraisers.
5. In view of the differences of opinions between real estate appraisers regarding market
value and full compensation to property owners, and in view of the cost of condemnation, the
Board hereby authorizes the County Manager or his designee to approve purchases of easements
-Page 2-
Agenda Item No. 10A
January 11, 2011
Page 7 of 10
where the property owner has agreed to sell to the County at, or up to twenty five percent (25%)
above the County's full compensation estimate, with the maximwn approval authority not to
exceed $50,000 over the County's appraiser's full compensation estimate, and the Board hereby
authorizes the approval and execution of Closing Statements related to said transactions by the
County Manager or his designee. Any and all purchases in excess of one hundred and twenty-
five percent (125%) of the appraiser's full compensation estimate, or in excess of $50,000 above
the appraiser's full compensation estimate, whichever amount is the lesser of the two, shall
require separate Board approval.
6. The Board hereby authorizes its Chairman, and any subsequent Chairman for the life of
the Project, upon the approval of the Office of the County Attorney as to form and legal
sufficiency, to execute easement agreements, utility subordination and facility relocation
agreements, and/or other documents approved by the Office of the County Attorney to close real
estate transactions, where the propert'j oVvner has agreed to sell to the Count'j at appraised value,
or within the parameters stipulated in Paragraph 5 (above).
7. Said authority is delegated by the Board to the extent that such delegation does not
conflict with the provisions of Section 125.355, Florida Statutes.
8. The Board hereby authorizes the Finance Department to issue warrants, and/or to make
wire transfers, payable to the property owner(s) of record, to title companies and attorneys
closing real estate transactions, and to others who may possess an equitable interest in the subject
real property parcels in those amounts as shall be specified on a Closing Statement.
9. All title to real property which has been acquired in the manner described above shall be
deemed "accepted" by the Board of County Commissioners, as the governing body of Collier
County, Florida, a political subdivision of the State of Florida, and as such, staff is hereby
-Page 3-
Agenda Item No. 10A
January 11, 2011
Page 8 of 10
authorized to record in the Public Records of Collier County, Florida, conveyance instruments
such as easements, as well as any other instruments that may be required to remove, release or
subordinate the lien of any encwnbrance on the subject real estate, in order to effect constructive
notice of the County's interest in real property.
This Resolution, adopted on this
day of
. 201 t . after motion,
second and majority vote.
AITEST:
D~GHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
,CHAIRMAN
Approved as to form and
~:r~
./
Assistant County Attorney
-Page 4-
EXHIBIT A
Agenda Item NO.1 OA
January 11, 2011
Page 9 of 10
PROJECT LOCATION MAP
(EASEMENT ACQUISITION AREAS BORDERED BY DASHED LINES)
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Agenda Item No. 10A
January 11, 2011
Page 10 of 10
VICINITY MAP
LEL Y AREA STORMWA TER IMPROVEMENT PROJECT (LASIP)
OUTFALLS 3 AND 4
Publl~ InfotmationMaeting
Wednesday October 13,2010
5 p.m. to 7 p.rn.
ParkcJdt Elementary School
5322 Tons Avenue
Naple., FL