Agenda 04/27/2010 Item #16B 3
EXECUTIVE SUMMARY
Agenda Item No. 1683
April 27,2010
Page 1 of 7
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of drainage
easements and drainage, access and maintenance easements necessary for the construction of a
replacement bridge on White Boulevard and a new bridge on 23rd Street SW, both over the Golden
Gate Main Canal, together with related roadway, drainage and utility improvements for the
Accelerated Bridge Construction Pilot Project. (Transportation Bridge Program Project No.
66066.) Estimated fiscal impact: $450,000.00.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of drainage
easements and drainage, access and maintenance easements necessary for the construction of a
replacement bridge on White Boulevard and a new bridge on 23rd Street SW, both over the Golden Gate
Main Canal, together with related roadway, drainage and utility improvements for the Accelerated Bridge
Construction Pilot Project ("the Project"), being part of the Transportation Bridge Program. (Project No.
66066.)
CONSIDERATIONS: The bridge on White Boulevard needs to be replaced. The bridge on 23rd Street
SW is being constructed to provide better connectivity and improved levels of service for multiple
emergency agencies, and also as an alternative route across the Golden Gate Main Canal during the
replacement of the White Boulevard Bridge. The Project will be constructed using prefabricated bridge
elements and systems. Construction is scheduled for the 2011 fiscal year. The adoption of the above
resolution will provide staff with the Board's authority to secure title work, obtain independent real estate
appraisals, and negotiate for the purchase of the drainage easements and drainage, access and maintenance
easements required for the construction ofthe Project. There are a total of nine (9) easements required for
the construction of the project. A boat ramp is being installed for canal access and maintenance at each
bridge location, and drainage easements for the treatment of stormwater run-off are required in each of the
other quadrants due to the expansion of the impervious materials being installed (wider bridge lanes and
sidewalks on both side of the travel lanes.) These stormwater treatment areas are permit requirements.
Gift and Purchase Resolutions delegate certain authorities to the Chairman and to the County Manager or
his designee of a ministerial nature which streamline the right-of-way acquisition process and preclude the
necessity to return to the Board for the approval of each and every purchase.
FISCAL IMPACT: It is estimated that the total cost of the right-of-way which must be purchased will
be $450,000.00, of which $250,000.00 will fund easement acquisition for the replacement of the White
Boulevard bridge, which will come from the Transportation Supported Gas Tax fund, and $200,000.00
will fund construction of the new 23rd Street SW bridge, which will come from the Road Impact Fee
funds. (A budget amendment will be processed to transfer funds available in Road Impact Fee District 6.)
These amounts include not just the direct cost of all easements required for construction. They also
include an estimate of severance damages and/or costs to cure 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.
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year transportation work
program, the Transportation Bridge Program Project is an integral part of Collier County's Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. RNZ
Agenda Item No. 1683
April 27, 2010
Page 2 of 7
RECOMMENDATION: 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 - TECM
Attachment: Gift and Purchase Resolution.
Agenda Item No, 1683
April 27, 2010
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B3
Meeting Date:
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of easements
necessary for the construction of a replacement bridge on White Boulevard and a new bridge on 23rd
Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility
improvements for the Accelerated Bridge Construction Pilot Project. (Transportation Bridge Program
Project No. 66066.) Estimated fiscal impact: $450,000.
4/27/20109:00:00 AM
Prepared By
Robert Bosch
Right Of Way Coordinator
Transportation Engineering &
Construction Management
Date
Transportation Division
4/8/201011:11:46 AM
Approved By
Marlene Messam
Project Manager, Senior
Transportation Engineering &
Construction Management
Date
Transportation Division
4/12/20108:58 AM
Approved By
Kevin Hendricks
Manager - Right of Way
Transportation Engineering &
Construction Management
Date
Transportation Division
4/12/20104:21 PM
Approved By
Najeh Ahmad
Director - Transportation Engineering
Transportation Engineering &
Construction Management
Date
Transportation Division
4/13/20109:49 AM
Approved By
Nonn E. Feder, AICP
Administrator - Transportation
Date
Transportation Division
Transportation Administration
4/13/20109:54 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Tra nsportation Administration
Date
Transportation Division
4/13/20104:53 PM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney
4/14/2010 8:34 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Division
Transportation Administration
4/14/2010 10:19 AM
Approved By
Leo E, Ochs, Jr,
County Manager
Date
County Managers Office
County Managers Office
4/20/20104:21 PM
RESOLUTION NO. 2010-
Agenda Item No. 1683
April 27, 2010
Page 4 of 7
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF
DRAINAGE EASEMENTS AND DRAINAGE, ACCESS AND MAINTENANCE
EASEMENTS NECESSARY FOR THE CONSTRUCTION OF A REPLACEMENT
BRIDGE ON WHITE BOULEVARD AND A NEW BRIDGE ON 23RD STREET SW,
BOTH OVER THE GOLDEN GATE MAIN CANAL, TOGETHER WITH RELATED
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS, FOR THE
ACCELERATED BRIDGE CONSTRUCTION PILOT PROJECT, BEING PART OF
THE TRANSPORTATION BRIDGE PROGRAM. (PROJECT NO. 66066.)
WHEREAS, the acquisition of drainage easements and drainage, access and maintenance
easements for the construction of a replacement bridge on White Boulevard and a new bridge on 23rd
Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and utility
improvements for the Accelerated Bridge Construction Pilot Project (hereinafter referred to as "the
Project"), being part of the Transportation Bridge Program (Project No. 66066), is included in Collier
County's Five Year Transportation Work Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project; and
WHEREAS, the construction of a replacement bridge on White Boulevard and a new bridge on
23rd Street SW, both over the Golden Gate Main Canal, together with related roadway, drainage and
utility improvements, as depicted in Exhibit "A", attached hereto and incorporated herein, is necessary
in order to protect the health, safety and welfare of the citizens of Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the construction of a replacement bridge on White Boulevard and
a new bridge on 23rd Street SW, both over the Golden Gate Main Canal, together with related roadway,
drainage and utility improvements, for the Accelerated Bridge Construction Pilot Project, being part of
the Transportation Bridge Program (project No. 66066), is necessary and in the public's best interest in
order to protect the health, safety and welfare of the citizens of Collier County.
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Agenda Item No. 1683
April 27, 2010
Page 5 of 7
2. The acquisition of drainage easements and drainage, access and maintenance easements 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 and drainage, access and maintenance easements necessary for the construction of
a replacement bridge on White Boulevard and a new bridge on 23rd Street SW, both over the Golden
Gate Main Canal, together with related roadway, drainage and utility improvements, within the Project
corridor identified on 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 use either independent appraisal
reports or "in-house" appraisals as the basis for making purchase offers to property owners.
5. In view of the differences of opinions between real estate appraisers regarding 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 drainage easements and drainage, access and
maintenance easements where the property owner has agreed to sell to the County at, or up to twenty
five percent (25%) above the County's appraiser's estimate of full compensation to the property owner,
with the maximum approval authority not to exceed $50,000 over the County's appraiser's estimate of
full compensation, and to approve and to execute Closing Statements on behalf of the County. Such
purchase approvals are hereinafter referred to as "Administrative Settlements." Each and every
proposed settlement over one hundred and twenty-five percent (125%) of, or over $50,000 above, the
County's estimate of full compensation (whichever is less) 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
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Agenda Item No. 1683
April 27,2010
Page 6 of 7
execute drainage easement and drainage, access and maintenance easement agreements, utility
subordination and relocation agreements, and/or other documents approved by the Office of the County
Attorney to close real estate transactions, where the property owner has agreed to sell to the County at
appraised value, or within the Administrative Settlement provisions of Paragraph 5 (above).
7. Said Administrative Settlement 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 authorized to record in the
Public Records of Collier County, Florida, drainage easements, drainage access and maintenance
easements and other instruments as may be required to remove, release or subordinate the lien of any
encumbrance, in order to effect constructive notice of the County's interest in real property.
This Resolution, adopted on this
day of
,2010, after motion, second
and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
~.
-
Assistant County Attorney
-Page 3-
Agenda Item No, 1683
April 27, 2010
Page 7 of 7
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