Bradenton Area Convention Center One Haben Boulevard, Palmetto - Longboat Key Room 9:00 a.m. - October 13, 2020
REVISED - October 13, 2020 - Regular Meeting
Agenda Item #43

Execution of Subordination of County Utility Interests to the Florida Department of Transportation (FDOT) for Parcel 806.4 (also known as Parcel 806)/FDOT Financial Project 433592-1-52-01 (FPID 4335921) located along the SR 45 (US 41) Pedestrian Corridor


Contact and/or Presenter Information

Joy Leggett-Murphy, Property Acquisition Division Manager, Property Management Department, Extension 3439

Brandie Adams, Real Property Specialist, Property Acquisition Division, Property Management Department, Extension 3993

Action Requested
  • Execution of Subordination of County Utility Interests for Parcel 806.4 to subordinate the County's utility interests to FDOT.

Enabling/Regulating Authority
  • Chapter 125, Florida Statutes

Background Discussion
  • Pursuant to the plans for Financial Project No. 433592-1-52-01, FDOT proposes to make improvements to the SR 45 (US 41) pedestrian corridor in Bradenton to enhance pedestrian safety with lighting and signalization upgrades by constructing infrastructure improvements in the form of 5 and 6-foot wide continuous sidewalks along both sides of the roadway.
  • The proposed improvements will promote safer non-motorized travel along a combined 1.72 miles from 63rd Avenue West to 69th Avenue West and from 53rd Avenue West to Cortez Road.
  • Ruth Skelton conveyed a Utility Easement recorded in Official Records Book 298, Page 549 to Manatee County  October 3, 1966.
  • On April 30, 1974, Airline Canteen Service, Inc. conveyed a Utility Easement to Manatee County is recorded in Official Records Book 677, Page 584.
  • Both easements are located within the boundaries of Parcel 806.4, also known as Parcel 806 will be impacted by construction associated with FPID 433592-1-52-01.
  • Parcel 806.4 (Parcel 806) is depicted on page eight (8) of the attached FDOT Right-of-Way Map consists of 1,197 square feet.
  • Todd Boyle, County Surveyor, has reviewed Parcel 806.4 and has no objection to subordinating the County's utility interests in Parcel 806.4 to FDOT.
  • Utilities Services has reviewed Parcel 806.4 and has no objection to subordinating the County's utility interests in Parcel 806.4 to FDOT.
  • CAO Memorandum 2019-0390 dated August 1, 2019, Pamela D'Agostino, Assistant County Attorney, requested that FDOT amend the subordination agreements to include language concerning indemnity limitations pursuant to Florida Statutes 768.28 and to conform to ADA formatting standards regarding accessibility.
  • FDOT revised the Subordination of County Utility Interests for Parcel 806.4 to comply with all recommendations in CAO Memorandum 2019-0390.
  • FDOT requests that Manatee County subordinate its utility interests in Parcel 806.4.  And, if necessary, FDOT will pay to relocate the County's utility interests.

County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other

Reviewing Attorney

Instructions to Board Records
  • Please do not date the first page of the Agreement. The date will be filled in by FDOT.
  • Please email a copy of the approved agenda item to brandie.adams@mymanatee.org. Please return the original Subordination of County Utility Interests to Brandie Adams via interoffice delivery to 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Subordination Agreement_P.806.4.pdf
Attachment:  Utility Easement (Skelton)_P.806.4.pdf
Attachment:  Utility Easement (Airline Canteen)_P.806.4.pdf
Attachment:  13010-000_4335921 - ROW Map.pdf
Attachment:  Final Response Memo to CAO Matter No. 2019-0390-reissued.pdf
Attachment:  FDOT Parcel 806_Location Map.pdf