Agenda 06/23/2020 Item #16A19 (Easement Agreement for Weir #5 on the Faka Union Canal)06/23/2020
EXECUTIVE SUMMARY
Recommendation to approve two agreements for the purchase of easements required for
maintenance, operation and construction of improvements to the Faka Union Canal Weir 5 control
facilities just south of Randall Blvd and east of Everglades Blvd. (Canal Easement Acquisitions
Project No. 50180.)
OBJECTIVE: To acquire two easements needed for maintenance and construction of additional control
facilities for weir number 5 on the Faka Union Canal.
CONSIDERATIONS: One access and maintenance easement (Parcel 105AME) and one drainage,
access, and maintenance easement (Parcel 101DAME) are needed to construct additional control facilities
at this weir. The purpose of the new control facilities is to help maintain water levels and to facilitat e
water movement westward. This project is being undertaken by the South Florida Water Management
District (the District) at no cost to the County and as part of its obligation to operate and maintain the
Faka Union Canal under a Cooperative Agreement between the District (on behalf of the Big Cypress
Basin) and Collier County, dated October 13, 2000, as amended. Construction is scheduled to commence
by December 2020.
The Valuation Memoranda prepared by our in-house appraiser, Harry Henderson, estimate the value of
Parcel 101DAME on the east side of the canal to be $1,425 and the value of Parcel 105AME on the west
side of the canal to be $2,700. The compensation amounts in the two attached agreements are the result
of negotiations with each individual property owner. If the parcels are not acquired by negotiation, they
will have to be condemned, and the County will be liable for the inflated costs of the owners’ attorneys,
appraisers, and other expert fees. Such costs could far exceed the difference between the valuations and
the negotiated purchase prices. Staff is recommending that the Board of County Commissioners (Board)
approve the attached agreements and authorize the purchase of these easements at the prices listed below:
Parcel 101DAME (John Joseph & Annama John): $ 10,000
Parcel 105AME (David & Susan Besser): $ 13,000
TOTAL $ 23,000
FISCAL IMPACT: The estimated fiscal impact associated with this item is $26,000 and includes the
aggregate negotiated purchase price of $23,000 plus recording and mortgage subordination fees estimated
not to exceed $3,000. Funds are available in Project No. 50180 within the Stormwater Capital
Improvement Fund 325. The Source of funds is transferred from the General Fund (001) and
Unincorporated Capital Improvement Fund (111). The District has agreed to reimburse the County fully
for all costs of acquiring aforesaid easements. The weir and its control facilities will be operated and
maintained by the District under the Cooperative Agreement referenced above. Therefore, the County
will not incur any maintenance costs arising from this item.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: This Project is in accordance with the goals, objectives, and
policies of all applicable sections of the Stormwater Management and the Conservation and Coastal
Management elements of the Growth Management Plan.
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RECOMMENDATION:
(1) Approve the attached two Easement Agreements (Parcels 101DAME and 105AME) and
authorize the Board’s Chairman to execute same on behalf of the Board;
(2) Accept the conveyance of Parcels 101DAME and 105AME to Collier County and authorize the
County Manager or his designee to record the conveyance instruments in the public records of
Collier County, Florida;
(3) Authorize the payment of all costs and expenses necessary to close these transactions;
(4) Authorize the County Manager or his designee to take the necessary measures to ensure the
County’s performance in accordance with the terms and conditions of the agreements; and
Prepared by: Karen Dancsec, Property Acquisition Specialist, ROW Acquisition, Transportation
Engineering Division
ATTACHMENT(S)
1. 101DAME - Agreement (PDF)
2. 101DAME Valuation 2019-11-04 (PDF)
3. 105AME Agreement (PDF)
4. 105AME Valuation 2019-12-20 (PDF)
5. Location Map (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.19
Doc ID: 12440
Item Summary: Recommendation to approve two agreements for the purchase of easements
required for maintenance, operation and construction of improvements to the Faka Union Canal Weir 5
control facilities just south of Randall Blvd and east of Everglades Blvd. (Canal Easement Acquisitions
Project No. 50180.)
Meeting Date: 06/23/2020
Prepared by:
Title: Property Acquisition Specialist – Transportation Engineering
Name: Karen Dancsec
05/19/2020 12:12 PM
Submitted by:
Title: Division Director - Transportation Eng – Transportation Engineering
Name: Jay Ahmad
05/19/2020 12:12 PM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 05/19/2020 1:53 PM
Road Maintenance Albert English Additional Reviewer Completed 05/19/2020 6:07 PM
Growth Management Department Lisa Taylor Additional Reviewer Completed 05/20/2020 9:44 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/20/2020 3:29 PM
Growth Management Department Gene Shue Additional Reviewer Completed 05/21/2020 5:46 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 05/26/2020 8:16 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 05/26/2020 1:21 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 05/27/2020 5:28 PM
Growth Management Department Robert Bosch Deputy Department Head Review Skipped 05/19/2020 1:46 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/29/2020 10:58 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/02/2020 1:31 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/02/2020 1:39 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/02/2020 3:09 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/02/2020 11:08 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 06/04/2020 8:54 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 06/15/2020 4:54 PM
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06/23/2020
Board of County Commissioners MaryJo Brock Meeting Pending 06/23/2020 9:00 AM
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16.A.19.aPacket Pg. 1232Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.aPacket Pg. 1233Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.aPacket Pg. 1234Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.aPacket Pg. 1235Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.aPacket Pg. 1236Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.aPacket Pg. 1237Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.aPacket Pg. 1238Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.aPacket Pg. 1239Attachment: 101DAME - Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1240 Attachment: 101DAME Valuation 2019-11-04 (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1241 Attachment: 101DAME Valuation 2019-11-04 (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1242 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1243 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1244 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1245 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1246 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1247 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1248 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
16.A.19.cPacket Pg. 1249Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
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Packet Pg. 1250 Attachment: 105AME Agreement (12440 : Faka Union 5 (Stormwater))
December 20, 2019
Faka-Union 5 Access Easement Acquisition Memo (EO100-012):
for South Florida Water Management District-Infrastructure Management
Overview
The Collier County Right of Way Office/Collier County GMD is assisting the South Florida
Water Management District in the acquisition of an Access Easement needed for the proper
maintenance of the existing Faka-Union 5 weir on the Faka0Union Canal. The weir is located
just north of 22nd Ave NE at the canal.
The proposed Access Easement is 20ft wide by 230ft deep and will run north from 22nd Ave NE
along the west side of the canal. This 4600-sf (.11 ac) easement will encumber a portion of a
5.30-acre parent tract which is improved with a single-family home and associated site
improvements. The parent tract has a street address of:
3881 22nd Ave NE, Naples, FL 34120
Legal Description is:
Golden Gate Estates Unit 71 Tract 126, less E 60ft of S 230ft.
Current Owner: Besser, David & Susan
Tax Folio #: 40366200009
There are no improvements located within the proposed easement area (existing trees/sod
notwithstanding). The unobtrusive nature of this kind of access easement (only occasional use
anticipated, no physical change to easement area required) precludes the potential for damage to
the remainder lands and improvements. As such, the compensatory value of the proposed
easement will be a function of the underlying land value only (no improvements, no damages).
Underlying Land Value
The underlying land value of the subject parent tract is estimated based upon the following land
sales which have recently transpired in the subject market area:
1. South side of Jung Blvd, Naples, FL (folio #37393720002
Sale Price: $145,000 Sale Date: 09/05/19 Lot Size: 5ac Reflects: $29,000/ac
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Packet Pg. 1251 Attachment: 105AME Valuation 2019-12-20 (12440 : Faka Union 5 (Stormwater))
2. 415 20th Ave NE, Naples, FL (folio #37745640002)
Sale Price: $80,000 Sale Date: 12/12/19 Lot Size: 2.73ac Reflects: $29,304/ac
3. South side of 10th Ave NE, Naples, FL (folio #4521560005
Sale Price: 115,000 Sale Date: 10/10/19 Lot Size: 5.15ac Reflects: $22,330/ac
The sales cited show an indicated unit/price ($/ac) value range of $22,330/ac to $29,330/ac
The upper end of this range is viewed as most indicative for the subject tract given its canal
frontage and strong uplands profile. A unit/price of $29,000/acre is viewed as most reasonable
for the subject lands.
Easement Value Calculation
The proposed Access Easement (EO100-012) is estimated to have an encumbrance factor of 85%
of the fee simple interest. While the proposed easement usage is viewed as unobtrusive its
existence across the parent tract area prevents its utility for the placement of permanent
improvements/landscaping by the land owner in perpetuity. As such, the encumbrance factor
associated with this easement would be relatively high.
With an 85% encumbrance factor the compensatory value of the easement area is calculated as
follows:
Easement Area .11ac x $29,000/acre (underlying land value) x 85% encumbrance = $2,700
As previously discussed, no site improvements or damages are associated with the proposed
easement.
Easement Value Estimate as of 12/20/2019 (Effective Date): $2,700
Harry Henderson, SRA
RD3475-FL
Review Appraiser
Collier County GMD/Transportation-ROW
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Packet Pg. 1252 Attachment: 105AME Valuation 2019-12-20 (12440 : Faka Union 5 (Stormwater))
Location Map
Faka Union Canal - Weir 5
Parcels 101DAME and 105AME
101DAME
105AME
/
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Packet Pg. 1253 Attachment: Location Map (12440 : Faka Union 5 (Stormwater))