www.mymanatee.org
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 #41


Subject
Execution of Subordination of County Utility Interests to the Florida Department of Transportation (FDOT) for Parcel 144.2 and Parcel 716.2/FDOT Financial Project 433592-1-52-01 (FPID 4335921) located along the SR 45 (US 41) Pedestrian Corridor

Briefings
None

Contact and/or Presenter Information

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

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



Action Requested
  • Execution of Subordination of County Utility Interests for Parcel 144.2, also known as Parcel 144, to subordinate the County's utility interests to FDOT.
  • Execution of Subordination of County Utility Interests for Temporary Easements for Parcel 716.2, also known as Parcel 716, 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 a safe non-motorized travel span with a combined 1.72 miles from 63rd Avenue West to 69th Avenue West and from 53rd Avenue West to Cortez Road.
  • On March 6, 1974, Clyde Walter St. Lyon, Lila St. Leon, Norman E. St. Leon, and Sonya St. Leon executed an Agreement for Conveyance of Easement recorded in Official Records Book 661, Page 657.  The agreement conveyed a utility easement located within Parcel 144.2 to Manatee County.
  • On April 26, 1966, Chester C. and Eva C. Harris conveyed a Utility Easement, recorded in Official Records Book 282, Page 51, to Manatee County, Florida for an 8-inch water main located along Parcel 716.2.
  • On April 25, 1966, R. Paul and Hazel A. Donahoe granted a Utility Easement recorded in Official Records Book 282, Page 62, to Manatee County  for the right to lay, maintain, operate, repair, and remove an 8-inch water main within Parcel 716.2.
  • On April 25, 1966, R. Paul and Hazel A. Donahoe also conveyed a 10-foot Utility Easement to Manatee County recorded in Official Records Book 282, Page 63 for a water main located along the right-of -way of Parcel 716.2.
  • On November 20, 1973, R. Paul Donahoe and Hazel A. Donahoe granted a Utility Easement to Manatee County for an 8-inch sewer main along the right-of-way of Parcel 716.2 recorded in Official Records Book 677, Page 613.
  • Each of the Utility Easements will be impacted by construction associated with FPID 433592-1-52-01.
  • Parcel 144.2 consists of 1,405 square feet and is located on page eight (8) of the attached FDOT right-of-way map.
  • Parcel 716.2 comprised of 36 square feet is adjacent to Parcel 144.2 and is also located on page eight (8) of the attached FDOT right-of-way map.
  • Todd Boyle, County Surveyor, has reviewed Parcels 144.2 and 716.2 and has no objection to subordinating the County's utility interests in these parcels to FDOT.
  • Utilities Services has reviewed Parcels 144.2 and 716.2 with no objection to subordinating the County's utility interests in these parcels 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 and the Subordination of County Utility Interests for Temporary Easements to comply with all recommendations in CAO Memorandum 2019-0390.
  • FDOT requests that Manatee County subordinate its utility interests in Parcel 144.2 and Parcel 716.2.  And, if necessary, will pay to relocate Manatee County's utility interests.


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

Explanation of Other


Reviewing Attorney
D'Agostino

Instructions to Board Records
  • Please do not date the first page of the Agreements. The dates 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 and the Subordination of County Utility Interests for Temporary Easements to Brandie Adams via interoffice delivery to 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205.


Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Subordination Agreement_P.144.2.pdf
Attachment:  Subordination Agreement_P.716.2.pdf
Attachment:  Agreement for Conveyance of Easement_P.144.2.pdf
Attachment:  Utility Easement_P.144.2 (Harris).pdf
Attachment:  Utility Easement_P.716.2 (Donahoe_1).pdf
Attachment:  Utility Easement_P.716.2 (Donahoe_2).pdf
Attachment:  Utility Easement__P.716.2 (Donahoe 3).pdf
Attachment:  13010-000_4335921 - ROW Map.pdf
Attachment:  Final Response Memo to CAO Matter No. 2019-0390-reissued.pdf
Attachment:  FDOT Parcel 144.2&716.2_Location Map.pdf