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Agenda 05/12/2009 Item #16B 2 Agenda Item No. 16B2 May 12, 2009 Page 1 of9 EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the purchase of fee simple interests necessary for the construction of the Interchange improvements and additional traffic lanes on Immokalee Road to support the Interchange at 1-75. (Capital Improvement Element Nos. 42.2 and 43.1, Project No. 60171). Estimated fiscal impact for right of way acquisition: $250,000. OBJECTIVE: To adopt a resolution authorizing the purchase of fee simple interests for the construction of the Interchange improvements and additional traffic lanes on lmmokalee Road to support the Interchange at 1-75. (Project No. 60171). CONSIDERATIONS: The Florida Department of Transportation (FOOT) has authorized additional work, estimated at over $2,000,000, to be included in their 1-75 designlbuild (IROX) project at the Immokalee/I-75 Interchange. The Collier County Metropolitan Planning Organization (MPO) has endorsed this project. The funds for construction were committed by FOOT at the Lee-Collier Joint MPO Meeting held on October 17, 2008 with the understanding that Collier County would acquire any necessary right-of-way and provide for utility relocations. FOOT has agreed to enter into a contract with Collier County such that if Collier County provides the ROW needed and the funding specific to the additional services for the utilities relocation they (FOOT) will perform all design and construction for the additional capacity on Immokalee Road from the Strand to Tarpon Bay Blvd. The approval of this request enables Collier County to fulfill its commitments outlined in the FDOT/Collier County MOA. The attached Resolution is requesting authorization to negotiate the purchase of the referenced right-of-way (see Exhibit "A" and Exhibit "B") and to grant the authority to negotiate within the limitations set forth in the resolution. Staff is requesting this authorization now so the deadline of June 15, 2009 can be met without needing further authorization trom the Board. The guidelines set forth in the attached resolution are the sanle standard limitations utilized for every right-of-way acquisition project. FISCAL IMPACT: Statf estimates the total cost to acquire the necessary right-of-way may run as high as $250,000. This estimate includes all land and improvements, severance damage claims, appraisal fees, title policies, and all expenses associated with purchasing the necessary right-of-way. At this time, all estimates are preliminary. All payments will come from the Transportation Supported Gas Tax funds and the Road Impact Fee funds. Source of funds are in Project No. 60171 - Advanced Right of Way, from gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the expansion of the Immokalee Road Interchange (Project No. 60171) is consistent with Collier County's Growth Management Plan and the Long Range Transportation Plan. -- LEGAL CONSIDERATION: This item is legally sufficient for Board action, is not quasi- judicial and as such, ex-parte disclosure is not required. This item requires only a majority vote. RNZ RECOMMENDATION: That the Board of County Commissioners of Collier County: Agenda Item No. 1662 May 12. 2009 Page 2 of9 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: Debbie Armstrong, Assistant Right-of-Way Manager, TECM Attachments: (1) Legal Description - Exhibit "A"; (2) Purchase Resolution - Exhibit "B" Page 1 of 2 Agenda Item No. 16B2 May 12, 2009 Page 3 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1682 Meeting Date: Recommendation to adopt a resolution authorizing the purchase of fee simple interests nece~sary for the construction of the interchange Improvements and additional traffic lanes on Immokalee Road to support the interchange at 1-75 (Capital Improvement Element Nos. 42_2 and 43_1, Project No. 60171) Estimated fiscal impact for right of way acquisition: $250,000 5/12/20099,0000 AM Prepared By Debbie Armstrong Property Acquisition Specialist Date Transportation Services TECM.ROW 4/24/20099:31:18 AM Approved By Lisa Taylor Transportation Services Management/Budget Analyst Transportation Administration Date 4/24/20099:46 AM Approved By Debbie Armstrong Property Acquisition Specialist Date Transportation Services TECM.ROW 4/24/200910:06 AM Appro\'cd By Robert N, Zachary Assistant County Attorney Date County Attorney County Attorney Office 4/241200912:20 PM Approvcd By Jeff Klatzkow County Attorney County Attorney County Attorney Office Date 4/27/2009 3:53 PM Apprond By Nick Casalanguida MPO Director Date Transportation Services Transportation Planning 4/27/20094:23 PM Approwd By Norm E, Feder, AICP Transportation Division Administrator Transportation Services Admin. Date Transportation Services 4/28/2009 1 :21 PM Approved By Najeh Ahmad Director Date Transportation Services Transportation Engineering & Construction Management 4/28/20092:59 PM Approvcd By Pat Lehnhard Executive Secretary Transportation Services Admin Date Transportation Services 4/30/200911:13AM Approwd By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 4/20/20093:37 PM Appro\'ed By file://C:\AgendaTest\ExDort\ 129-Mav%20 12.%202009\ 16.%20CONSENT%20AGFNnA \ 111 'i/110009 Page 2 of 2 Agenda Item No. 1682 May 12, 2009 Page 4 of 9 Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 4/30/20099:33 PM Appro,,'ed By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/2/2009 8:31 AM file://C:\AgendaTest\ExP0l1\ 129-Mav%20 12.%202009\ 16.%20CONSENT%20AGENOA \ Iii... 5/ti/2009 Agenda Item NOI 1662 12,2009 P g~ 5 of 9 COLLIER COUNTY PARCEL SKETCH C.R. 846 (IMMOKALEE ROAD) EXHIBff ..:L .........L 01...2- PARCEL R/W TAKE A par.eel of land tn Section 30. Township 48 South, Range 26 East. belno a part of Lot I, Brentwood Two 05 reoorded In Plat BOOK 47, pooe 90, Col I Ie, County. FlorIda, being fu~the~ desorlbed as fol lows: Corrmence at the nor"the-cst cor-nar of sol d Sect r on 30; thence South 020 36' 22" East, olono the Eost LIne of sold Section 30, a distance of 49.97 feet to Station 46+66.37, Base LIne Survey, C.R. 646 ([mmokolee Rood), thence SouTh B9' 34' 24" West, alon<;i sold Base LIne Survey, a distance of 268.36 feet to Station 43+9B,OI, thence deportlno sold Base Line Survey South 02' 36' 22'" East 0 distance of 72.31 feet to the Northwest corner of sold Lot I and the POINT OF BEGINNING. thonce South 88C1 53' 28" East. along the north I Jne of sold lot I. 0 distance of 130.32 feet to the beolnnlnQ of a tangent CUr-VB concave Southerly and hovIno a radIus of 47.00 feet, 0 central on<;ile of 86' 17' 06'", a chord beorln<;i of South 45' 44' 55" East ond 0 chord dlsTanae of 64.28 feet; thence Southeasterly along the arc of sold curve 70.18 feet to the end of sold curve; thence South 020 36' 22" East a dl stance Of 1.06 feet, thence North 54' 54' 32" West 0 dlstonoe of 53.69 feet, thence North 88' 53' 2B" West 0 dlsTcnce of 131.80 feet, thenae NorTh 02' 36' 22" West a drstonoe of 15,03 feet to The POINT OF BEGINNING, Contolnlng 2.847 square feet, more or less" NOTES, I. T~E BEARINGS ANO DISTANCES SHOWN HEREON ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM. WEST ZONE, 1983 NORTH AMERICAN DATUM. 1990 ADJUSTMENT, AS ESTABLISHED FROM G.P.S. PRIMARY NE.lWORK CONTROL POfNTS 175 BI "A" SERIES A07-AIO, AND 17590 'A" SERIES A04-AIO, DERIVING A BEARING CF N 89'34'24 E ALONG THE SURVEY BASE LINE OF C.R. 846 (IMMOKALEE ,OAD BETWEEN STATION 30'00 00 ANO STATION 47'00,00, 2. THIS CERTIFICATION VALIOATES SHEETS I THROUGH 2, ANY ONE (I) SHEET IS TO BE CONSIDERED INCOMPLETE WITHOUT ALL omERS" 3., ATTENitON IS 0lREC1TD TO THE FACT THAT THESE SKETCHES MAY HAVE BEEN ALTERED IN SIZE BY REPRODUCTION" CERTIFICATION: NOT VAllO WI ntouT THE S(GNATURE AND ORiGINAL RAlSED SEAL Of A L[CENSED FLORIDA.SURVEYOR ANO MAPPER jt::-.I" )w.....'.....'\lt'l ""." , u ] , I~ l~ . F , /~><_.''i- --,,~!::,k , ' J -2:': :":1 ,I:> I.~ ~l r,~ ; " , Jl i 11(11: @ B t. POTTER ROFESSI0NAL SURVEYOR AND MAPPER F~ORIDA CERT[F1CATE NUMaER 5688 TECM - ROW APR 22 2009 SITE TH1S SKETC~ l$ A GRAPHIC lLLUSTRATlON FOR INFOR~TIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPRESENT A FIELD SURVEY. COLLIER COUNTY TRANSPORTATION SERVICES DIVISION PARCEL SKETCH - NOT A SURVEY ~llClATt.. IW' lNaT ro 5elUJ COUNTY ROAD NO. 846 (IMMOKALEE ROAD) COLLIER COUNTY ---1- .. "'" ~1lI:Pi~EO Bt. -A.II.IENGINE.E.RINGflS'JAVE:'f1tiO.INC. DU,l. ~OUROC. IUVISIOlll 8T !laTE OR...WN L.JII'.C. CHECI\ED R.L.P. O~/IO/O'J 04/IJ/lJ9jF,.P. 10.. N/A SEen ON N IA iSHEEf I OF 2 ACCESS EASEMENT CHORD BEARING CHORD DISTANCE COUNTY ROAD COUNTY UTILITY E^SEMENT DRAINAGE EASEM(NT lRRIGATION EASEMENT LENGTH LANDSCAPE BUFFER EASEt~NT OFFICIAL RECORD BOOK PLAT BOOK POINT OF CURVATURE PAGE f'A.GES POINT OF \BEGINNING NW CORNER LOT I L14 ~ ~ N 89'"34'2"1" E .". ~ BASE LINE SURVEY s 89<> 3./1' 24 ~ W ~ . 846 (I '-NOKAlEE ROAD) 268 36 (C l UJ r- ~ ~\~I/--" ACCESS a UTILITY EASEt.EW l ~ ~ ~\ _ 0 R 3021 PC 2231 1 ~ \ S<t:-... ~ \ // 0 R 302 r PC 2236 _ I ('oJ I S./ S' o~ \ / O,R 3021 PC 2240 l~ I 0 \ s v '~ L O.R 30?1. PG 2244 I --~-:::-::-______~____~ .9 ('/<:--~ \ - -..::.-~it-s88'-5i'-?B: ~~-Y-~~\'~''<'ll -------1---. \ ) "";., I /_~'~o.!Y~..__~13~:.?!~(~C~~P_I_~ ~. S OZO 36 22 E \ ----1/^'.' 1~/ - flU' ,lplB E ~_:L::':::":::../I I I 06'CC} \ / -- ~ i~' ------ tJ. -.. 86~-I-'7-;-06-=-(RT)-- 1\;> T ........____~// ~ I L 107S'(C)IPl \,.... f.......... I:: R .. 47.00'{CHPl 1'+'....., ::..:: I C.D, .. 6-4.28'ICltP) I.....' ~ I;' C.B ..S45044'S5rE I ~ I tel 8B~ 53' 28' W \ I ~ [L n. ~ _ ~ I'~ 131 80 Ie) i \: ~ ~~ 3 ~ z! -- NS4" 54' 32"W \,....- ~~ 13=J, ..J .I'~. 53.69 eel I: , ~ -: 6~ 1 ~l1- t- ~, LOT / \O~ a:l' 1 elf" ~ !\Il - ).-.1- 1 <t <.D I"' I~ 7 50 : I ct.~ I g- I C.U E. (P) I a: I OR, 4071, PG 335~ -----t-i J-- 51- 1 U ~ TRACT "B"'~ ; :"'1' :;; " ~D I ~7BO~ : ~~~:(P'll ; r ~ \ i: I ' I I BRENTWOOD TWO K : : \ B ',I P. . 47, PG. 90 :'; '; \~~ \ \ \0,..1' \ \ \~_:~ s 02" 36 22 E l', \--00, 1882 :ClIP) -,.~ ')- '" ; ~'J.' l1 . 89" 59 22 ~ RT) : \ : L '5':' <l{).j C l(P I \ . I' R 41 CO (ellP I l I I CD. ~7.98'(C:(p) ~ \ I 1 \ I C B . S '12" 23' 19 W \ y.' , X' i- -- \-0";" -p~ U f- - -l ~ 8."( :--a- S'.E':\-P")- -; -~~: ..Jt! ,... - --,- \' -------- T'sl:r9~~(C~~PlwTRACT~ IIBII \; 40 'lllDE - /'1 '.)/'" FE a CUE (Pl ACCESS 8 L.:TlL.!iY EASE.\!UH ~ ".; OR 3021 PC 2231 __L__1___ -. -1- _____~______ -D,R 3021. PG. 2236- II ; ----.------L 1 -- -- 0 R ]021 PC 22.'lC~---------~ \ \ o R 3021 ~G 2244 A C c C c D I l L. [3 E. o " P 3 P. C PG. PC5 E. B o R u _ E E LEGENO o I 25 50 100 Agenda Item No 1662 1 2009 g 60f9 IScP I P T P U E R R_O w. "T- R/. S.E. STA, l'. C P . POINT OF TANGENCY Seal91 I" ~ 50' PUBLIC UTILT[TY EASEMENT RADIUS RIGHT OF WAY R[GIIT RIGHT OF WAY SlOEWALK EA~EMENT STATION DEL TA CACULATED PLAT PROPERTY lINE EXUlDI'F 1.., ~-'........... ... 2 of -- POINT OF COMMENCMENT NE CO~~ER SECTION 30 46 19 :30 I 20 29 ~ ~ - ~ 45 ~ :;"> ': 47 .. . N- NO: ~;., ~D .." N- o "- w =; " "- " ,. ~ . N I:" ~ ~ ; I , ;: I N '-1 t-- ~ '-';'~I :z 0 --I ~~ .wl w ..1 ,"I.....-;J. :': is c l.~ i "- I : :""i :;:..;:: I o Ll' . u.q 6~~ ;:;1 ocN::r. 01 ,- t'l..1 "' I o I h , o . N o z I T:-- COLLlER COUNTY TRANSPORTATION SERVICES DIVISION PARCEL SKETCH - NOT A SURVEY COUNTY ROAO NO. 846 (I~MOKALEE ROAD) COLL IER COUNTY " -'--------,r-;-r~PREP~~EP 111'. I \IOU SQURe(, -.~.l.IMft',~lNEER!NGeSlJflVnING.1Nc. DIi'AlIIH LW.~~r- - CH(C"EDJfl.~.P. !o4/j3/~IF.p [0. N/A SECTION N/A !sHEET 2 I OF 2 n:l'lSlllI'I' "" RESOLUTION NO. 2009- Agenda Item No. 1662 May 12, 2009 EXHIBIT B Page 7 of 9 Page-L of-L A RESOLUTION Al:THORlZING THE PURCHASE OF LAND NECESSARY FOR TIIE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS ON IMMOKALEE ROAD TO SlJPPORT THE INTERCHANGE ATI-75. (pROJECT NO. 60171) WHEREAS, the land acquunhon needed for the improvements on Immolca1ee Road that tie into the reconstructIOn and expansion of the 1-75 interchange at lmmokalee Road (Project No. 60171) (hereinafter referred to as "the Project"), is Included in Collier County's Five Year Transportation Work Program; and 'WHEREAS, plans and speqifications have been prepared for the construction of the ProJ eet; and WHEREAS, the Project IS necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certam concurrency requirements of the County's Growth Management Plan. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMlSSIONERS OF COLLlER COUNTY. FLORIDA, that: 1. The Board has detennined that the improvements to Immokalee road that support the reconstructIon and expanslon of the 1-75 mterchange at hnmokalee Road, Project No. 60171, is necessary and in the pUblicls best interest in order to protect the health, :::afety and welfare of the cItizens of Collier County. 2. The acquisitlon of land for construction of the Project is an integral part of the County1s long range planning effort, and IS mc1udecl In the CapItal Improvement Element of the Collier County Growth Management Plan, as approved by the Flonda Department of CommUIllty AIfaus. 3. It IS necessary and in the best mterest of Collier County for the Board to authorize the acquIsition of fee simple mterest in the land as more fully described on Exhibit "AT' (attached hereto and by reference made a part hereof), necessary for the construction of roadway, drainage and utility IDlprovemcnts, and the County Manager or lus designee IS hereby authorized and directed to purchase said land. 4. The Board hereby directs the County Manager or hIS designee to use either an mdependent appraisal report or an "in-house" apprmsal as the basis for making a purchase offer to the property owner. EXHIBITAg'B'da Item No. 1662 May 12, 2009 P..cge_L of ? Page 8 of 9 5. In Vlew of the differences of opinions between real estate appraisers regarding full compensation to property owners, and m view of the cost of condemnation, the Board hereby authonzes the County Manager or his desIgnee to approve the purchase of said land where the property owner has a.s'Tccd to sell to the County at, or up to twenty five percent (25%) above Collier County's appraiser's estimate of full compensatIon to the property owner, with the maxunum approval authonty not to exceed $50,000 over the County's appralser's estrmate of full compensatlOll. and to approve and to execute Closmg Statements on behalf of the County. Such purchase approval is heremafter referred to as "Adnumstrative Settlement." A proposed settlement over one hundred and twenty-five percent (125%) of. or over $50,000 above, the County's appraiser's estunate of full compensatIOn (whlchever is less) shall require separate Board approval. 6. The Board hereby authorizes its Chamnan, and any subsequcnt ChaIrman for the life of the Project, upon the approval of the Officc of the County Attorney as to form and legal sufficIency, to execute an easement agreement, a purchase agreement, utility subordinatIOn and relocation agreements, and/or other documents approved by the Office of the County Atturney to close the real estate transaction. where the property owner has agreed to sell to the County at appraIsed value, or wjthin the Administratlve Settlement provisions of Paragraph 5 (above). 7. Said Adnumstratlvc Settlement authonty is delegated by the Board to tlle extent that such delegation does not conflict with the provisIOns of Section 125.355, Florida Statutes. 8. The Board hereby authollzes the Finance Department to Issue warrants, and/or to make wire transfers, payable to the property owner of record, to title compames and attorneys closing real estate transactions, and to others who may possess an eqUltable mterest In the subject real property parcel in those amounts as shall be specified. on a Closmg Statement. 9. All title to the real property whIch has been acquired m the manner described above shall be deemed "accepted" by the Board of County COillnussioners, as the governing body of Collier County, Florida. a political subdivisIOn of the State of Florida, and as such, staff is hereby authorized to correct any scnvener's crror(s) ill Exhibit "A" and record in the Public Records of Collier County, Florida, a deed, an easement, or other mstruments as may be reqUIred. to remove, release or subordinate the lien of any encumbrance, In order to effect constructIve notice of the County's mterest III real property. -Ptlge 2- EXHIBIT Ag@da Item No. 16B2 May 12. 2009 Page-Z- of-2- Page 9 of 9 ThIS Resolution, adopted. on thiS __~ day of -,2009, after motion, second and maJonty vote. ATTEST: DvnGfff E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN Approved as to form and ~/~ Assistant County Attorney -Page 3-