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 #40

Execution of Subordination of County Right-of-Way Interests to Florida Department of Transportation (FDOT) for Parcel 144.4, also known as Parcel 144/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 Management Department, Extension 3993

Action Requested
  • Execution of Subordination Agreement for Parcel 144.4, also known as Parcel 144, located within the boundaries of FDOT Financial Project No. 433592-1-52-01 (FPID 4335921)/SR 45 (US 41) Sidewalk Improvement Project.

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 non-motorized form of travel will span a combined 1.72 miles from 63rd Avenue West to 69th Avenue West and from 53rd Avenue West to Cortez Road.
  • On September 21, 2004, Trebor Realty Investments, Inc., conveyed a Right-of-Way Easement to Manatee County recorded in Official Records Book 1965, Page 5372.
  • The Right-of-Way Easement is located within the boundaries of Parcel 144.4 is expected to be impacted by Financial Project No. 433592-1-52-01.
  • Parcel 144.4 consists of 1,405 square feet and is depicted on page eight (8) of the attached FDOT Right-of-Way Map as Parcel 144.
  • Todd Boyle, County Surveyor, has reviewed this request and has no objection to the subordination of County right-of-way interests for Parcel 144.4 (Parcel 144).
  • Public Works has reviewed this request and has no objection to the subordination of County right-of-way interests for Parcel 144.4.
  • CAO Memorandum 2019-0390 dated August 1, 2019, Pamela D'Agostino, Assistant County Attorney, requested that FDOT amend their 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 Agreement for Parcel 144.4 (Parcel 144) to comply with all recommendations in CAO Memorandum 2019-0390.
  • FDOT requests that Manatee County subordinate its right-of-way interests in Parcel 144.4.  And, if necessary 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. It 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 Agreement 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.144.4.pdf
Attachment:  Right-of-Way Easement_P.144.4.pdf
Attachment:  13010-000_4335921 - ROW Map.pdf
Attachment:  Final Response Memo to CAO Matter No. 2019-0390-reissued.pdf
Attachment:  FDOT Parcel 144_Location Map.pdf