Agenda 09/15/2009 Item #16B 4
EXECUTIVE SUMMARY
Agenda Item No. 1684
September 15, 2009
Page 1 of 6
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of land and
easements necessary for the construction of roadway, drainage and utility improvements required for
the extension of Valewood Drive from Immokalee Road to Autumn Oaks Lane. (Northbrooke
DriveNalewood Drive Extension Phase 1, Project No. 60106.) Estimated fiscal impact: $875,000.00.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of land and easements
necessary for the construction of roadway, drainage and utility improvements required for the extension of
Valewood Drive from Immokalee Road to Autumn Oaks Lane. (Northbrooke Drive/Valewood Drive
Extension Phase 1, Project No. 60106, hereinafter referred to as the "Project".)
CONSIDERATIONS: The Board of County Commissioners has been advised through various
communications of the need for construction of improvements to Northbrooke Drive and the extension of
Valewood Drive. The Project (Phase 1) comprises the extension of Vale wood Drive only. 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 right-of-way required for the construction of this
Project. 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.
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FISCAL IMP ACT: One parcel of right-of-way has already been acquired for this Project for which
$139,142.79 in road impact fee credits were given to the property owner in accordance with the provisions of
CU-AR-13890, approved by the Board of County Commissioners in October 2008. Excluding this parcel, it
is estimated that the total cost of the right-of-way which must be purchased will be $875,000.00. This
amount includes not just the direct cost of all land and 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. All such payments will come from the Transportation Supported Gas Tax fund
and/or the Road Impact Fee funds. Source of funds are gas taxes and/or road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year transportation work
program, the extension of Valewood Drive (Project No. 60106) is an integral part of Collier County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This Executive Summary is legally sufficient for Board action. This item
is not quasi judicial, and as such, ex parte disclosure is not required. This item requires a majority vote only.
- HFAC.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Adopt the attached Reso lution;
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 ofthe Board as
evidenced by the adoption of the attached Resolution and the approval of this Executive Summary.
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Prepared by: Robert Bosch, ROW Coordinator - TECM
Attachment: Gift and Purchase Resolution
rage; 1 UJ. "-
Agenda Item No. 1684
September 15, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1664
Meeting Date:
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of land
and easements necessary for the construction of roadway, drainage and utility improvements
required for the extension of Valewood Drive from Immokalee Road to Autumn Oaks Lane.
(Northbrooke DriveNalewood Drive Extension Phase 1, Project No. 60106.) Estimated fiscal
impact: $875,00000
9/15/2009 9:00:00 AM
Prepared By
Robert Bosch
Right of Way Coordinator
Date
Transportation
TECM
8/26/200910:27:03 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Admin istration
8/27/20098:42 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
8/27/200912:23 PM
Approved By
Marlene Messam
Senior Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Services
8/27/20092:07 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
8/27/2009 5:04 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
8/28/2009 9:44 AM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
8/28/200910:11 AM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
8/281200910:47 AM
Approved By
1. al:;~ L., \)1 "-
Agenda Item No. 1684
September 15, 2009
Page 3 of 6
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
8/2812009 1 :35 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
8/2812009 3:41 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
9/212009 11:17 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
9/2/20095:40 PM
r"1 _ 1/1"1 \ A.
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Agenda Item No. 16B4
September 15, 2009
Page 4 of 6
RESOLUTION NO. 2009-
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE
OF LAND AND EASEMENTS NECESSARY FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS REQUIRED FOR THE
EXTENSION OF V ALEWOOD DRIVE FROM IMMOKALEE ROAD TO AUTUMN
OAKS LANE. (NORTHBROOKE DRIVEN ALEWOOD DRIVE EXTENSION
PHASE 1, PROJECT NO. 60106.)
WHEREAS, the acquisition of right-of-way for the extension of Valewood Drive from
Immokalee Road to Autumn Oaks lane (Northbrooke DrivelValewood Drive Extension Phase I, Project
No. 60106) (hereinafter referred to as "the Project"), is included in Collier COWIty'S Five Year
Transportation Work Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project; and
WHEREAS, the extension of Valewood Drive from Immokalee Road to Autumn Oaks Lane, 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, and will assist Collier County in meeting
certain concurrency requirements of the County's Growth Management Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board has determined that the extension of Valewood Drive from lmmokalee Road to
Autumn Oaks Lane (Northbrooke DriveNalewood Drive Extension Phase 1, Project No. 60106) is
necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens
ofCoIlier County.
2. The acquisition of land and easements for 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 land and easements necessary for the construction of 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 land
and casements 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 land and easements where the property owner has
Agenda Item No. 1684
September 15, 2009
Page 5 of 6
agreed to sell to the County at, or up to twenty five percent (25%) above the County's estimate of full
compensation to the property owner, wIth the maximum approval authority not to exceed S50,000 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 (J 25%) of, or over S50,000 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 Chainnan 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, purchase 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 Scttlement 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 becn acquired in the manner described above shall be deemed
"accepted" by the Board of County Commissioners, as the goveming 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, deeds, easements, or 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
, 2009, after motion, second
and majority vote.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRJvl.AN
Iro
Assistant County Attorney
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Agenda Item No. 1684
September 15, 2009
Page 6 of 6
EXHIBIT "A"
VALEWOOD EXTENSION
PROJECT CORRIDOR AND VICINITY MAP
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