Agenda 12/16/2008 Item #10C
Agenda Item No. 10C
December 16, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to adopt a resolution superseding Resolution No. 2006-142 and authorizing
the acquisition by gift or purchase of land and easements necessary for the construction of
roadway, drainage and utility improvements required for the expansion and extension of
Vanderbilt Beach Road from Collier Boulevard to east of Wilson Boulevard. (Project No.
60168.) Estimated fiscal impact: $32,910,600.
OBJECTIVE: To adopt a resolution extending the limits of land and easement acquisition for the
expansion and extension of Vanderbilt Beach Road from Collier Boulevard to east of Wilson
Boulevard, thereby repealing Resolution No. 2006-142, which only authorized land and easement
acquisition from Collier Boulevard to Wilson Boulevard, and also revising the administrative
settlement authority provisions contained in the existing resolution.
CONSIDERATIONS: On June 6, 2006, the Board of County Commissioners adopted Resolution
No. 2006-142, delegating administrative settlement authority to the County Manager or his designee
to approve the purchase of real property interests necessary for construction of roadway, drainage
and utility improvements required for the construction of this project from Collier Boulevard to
Wilson Boulevard. Since adoption of foresaid resolution, the project corridor for this segment of
the project has been extended from Wilson Boulevard east to the Corkscrew Canal to include the
property required for a stormwater retention and treatment pond located between Wilson Boulevard
and the Corkscrew Canal. In addition, it is proposed that the administrative settlement authority
provided for in the existing resolution be revised to conform with current Board policy and also to
allow for the Collier County Property Appraiser's Just Value (per acre) to be substituted for the
County's appraiser's estimate of market value of the property (per acre), where the Just Value (per
acre) exceeds the County's appraiser's estimate of the market value (per acre).
FISCAL IMPACT: The prior estimate of the cost to acquire land and easements for the
abbreviated segment of the project (between Collier Boulevard and Wilson Boulevard) was
$37,800,000. Since then, property prices have declined, and the addition of the segment east of
Wilson Boulevard results in a current cost estimate of $32,910,600. 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, all estimated business damage claims, 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 the Road Impact Fee fund. Source of
funds are gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: As part of the County's proposed 5 year work program,
the acquisition of right-of-way required for the expansion and extension of Vanderbilt Beach Road
(Project No. 60168) is an integral part of Collier County's Growth Management Plan.
Agenda Item No. 10C
December 16, 2008
Page 2 of 8
LEGAL CONSIDERATIONS: The proposed resolution has been signed for form and legal
sufficiency. This item requires majority vote only. This item is not quasi-judicial, and as such ex
parte disclosure is not required. This item is legally sufficient for Board action - JAB.
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 ofthe
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared by: Robert Bosch, Right-of-Way Coordinator
Transportation Engineering and Construction Management Department
Attachment: Gift and Purchase Resolution wi Exhibit
Item Number:
Item Summary:
Meeting Date:
Page 1 of2
Agenda Item NO.1 OC
December 16, 2008
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10C
Recommendation to adopt a resolution superseding Resolution No. 2006-142 and
authorizing the acquisition by gift or purchase of land and easements necessary for the
construction of roadway, drainage and utility improvements required for the expansion and
extension of Vanderbilt Beach Road from Collier Boulevard to east of Wilson Boulevard.
(Project No. 60168.) Estimated fiscal impact: $32,910.600. (Norman Feder, Transportation
Services Administrator)
12/16/2008 9:0000 AM
Prepared By
Robert Bosch
Transportation
Right of Way Coordinator
Date
TECM
1211/2008 10:29:4S AM
Approved By
Kevin Hendricks
Transportation Services
Right Of Way Acquisition Manager
Date
Approved By
TECM.ROW
12/1/200812:27 PM
Joseph Delate
Transportation Services
Senior Project Manager
Transportation Engineering and
Construction
Date
12111200812:37 PM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Transportation Administration
Date
Approved By
1212/2008 10:02 AM
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
12/212008 11 :04 AM
Approved By
Jennifer A. Belpedio
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/212008 2:4S PM
Approved By
Brian Hancock
Transportation Division
Operations Support Manager
Transportation Administration
Date
1213/20088:42 AM
Approved By
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
12/3120082:21 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Transportation Services Admin
Date
12141200810:33 AM
Approved Dy
OMS Coordinator
Applications Analyst
Date
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12/J 0/2008
Page 2 of2
Agenda Item No.1 OC
December 16, 2008
Page 4 of 8
Administrative Services
Information Technology
12/4/20082:03 PM
Approved By
Susan Usher
County Manager's Office
Senior Management/Budget Analyst
Office of Management & Budget
Date
12/5/20086:18 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/6/200811:56 AM
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12/10/2008
Agenda Item No. 10C
December 16, 2008
Page 5 of 8
RESOLUIION NO. 2008-_
A RESOLUTION SUPERSEDING RESOLUIlON NO. 2006-142 AND AUIHORlZING
THE ACQUISITION BY GIFT OR PURCHASE OF LAND AND EASEMENTS
NECESSARY FOR TIlE CONSTRUCTION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS REQUIRED FOR THE EXPANSION AND EXTENSION
OF VANDERBIL.l BEACH ROAD FROM COLl.IER BOULEVARD fO EAST OF
WILSON BOULEVARD (pROJECT NO 60168)
WHEREAS, the acquisition of right.of~way for the expansion and extension of Vanderbilt
Beach Road from Collier Boulevard lo east of Wilson Boulevard (Project No 60168) (hereinafter
referred to as "the Project"), is included in Collier County's Five Year Tlansportation Work
Program; and
WHEREAS, plans and specifications have been prepared for the construction of the Project;
and
WHEREAS, on June 6, 2006 the Board adopted Resolution No 2006-142 authorizing the
acquisition of land and easements necessary for the expansion of Vanderbilt Beach Road from
Collier Boulevard to Wilson Boulevard: and
WHEREAS. the Board desires to ex.tend the limits of acquisition to include: that segment of
the project from Wilson Boulevard east to the Corkscrew Canal, so that the delegation of
purchasing and settlement authority contained herein shall cxtend to thc property required for a
stOImwatcr retention and treatment pond located betwecn Wilson Boulevard and the Corkscrew
Canal, and also to revise the "Administrative Settlement" provisions of the existing resolution; and
WHEREAS, the expansion and extension of Vanderbilt Beach Road from two lanes to four
lanes (and ultimately six lanes) from Collier Boulevard to east of Wilson Boulevard, 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 CoJ1ier County, and will assist Collier County in meeting
certain concurrency requirements of the County's Growth Management Plan
NOW, THEREFORE, BE II RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board has determined that the expansion and extension of Vanderbilt Beach Road from
Collier Boulevard to east of Wilson Boulevard, Project No 60168 is net:essary and in the public's
best interest in order to protect the health, safety and welfare of the citizens of Collier County
2 The acquisition of land and easements for <:onstruction of the Project is an integral pan of
the County's long range planning effort, and is included in the Capital Improvement Element of the
Agenda Item NO.1 OC
December 16. 2008
Page 6 of 8
Co1lier 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 "N' (artac:hed 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 easements by either gift or purchase.
4 Ihe Board hereby directs the County Manager or his designee to use either independent
appraisal reports, "in-house" appraisals, or the Collier County Property Apprwset's "Just Value'l of
the land (per acre) 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 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 $50,000 over the County's appraiser's estimate 01 full compensation Each
and every proposed settlement over one hundred and twenty..five percent (I25%) of, or over
$50,000 above, the County's estimate of full compensation (whichever is less) shall require separate
Board approval In the alternative, where the Collier COWlty Property Appraiser's Just Value (per
acre) exceeds the County's appraiser's estimate of the market value of the property (per acre), the
Just Value (per acre) may be substituted for the COWlty'S apptaiser's estimate of the market value
(per acre) in order to anive at the true "estimate of full compensation" and the delegation of
authority set forth above shall apply Such purchase approvals are hereinafter referred to as
"Administrative Settlements "
6 The Board hereby authorizes the County Manager or his designee to approve and to Cl(ecute
Closing Statements on behalf of the County
7. Ihe Board hereby authorizes its Chainnan, and any subsequent Chairman for the life of the
Project, upon the approval of the Office of the County Attorney as to fonn and legal sufficiency, to
execute easement agreements, purchase agreements, utility subordination and relocation agreemenls
anci/or other documents approved by the Office of the County Attorney to close real estate
transactions, where the property owner has agr~d to sell to the County at appraised value, or within
the Administrative Settlement provisions of Paragraph 5 (above)
-Page 2.
Agenda Item No. 10C
December 16, 2008
Page 7 of 8
8 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
9 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.
10 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 heIeby
authorized to rC4;:ord 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
11 Rcwlutioo No 2006.142 is hereby repealed in its entirely
This Resolution, adopted on this __ day of
, 2008, after motion,
second and majority vote
ATTEST:
DWIGHT E BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
TOM HENNING, CHAIRMAN
Approved as to fDIm and
legal sufficiency;
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