Agenda 07/28/2009 Item #16B14Agenda Item No, 16814
July 28, 2009
EXECUTIVE SUMMARY Page 1 of 6
Recommendation to adopt a resolution requesting that the Florida Department of
Transportation quitclaim to Collier County certain right -of -way, being the North fifty feet of the
South one hundred feet of Section 31, Township 49 South, Range 27 East, Collier County,
Florida, required for construction of the Wilson Boulevard Extension. Estimated fiscal impact:
None.
OBJECTIVE: To adopt a resolution requesting that the Florida Department of Transportation
( "FDOT ") quitclaim to Collier County the North fifty feet of the South one hundred feet of Section 31,
Township 49 South, Range 27 East, Collier County, Florida (the "FDOT surplus right -of- way ").
CONSIDERATIONS: On June 26`h, 2007 County entered into a Developer Agreement with Florida
Rock Industries, Inc., Rockland, LLC, and FRK Putnam, LLC (collectively the "Developer "). In terms
of this agreement, the Developer has undertaken at its cost to provide County with 60% design plans
and to attempt to acquire and convey to County certain right -of -way needed for construction of a
portion of the Wilson Boulevard Extension Project, being the two lane and ultimately four lane
extension of Wilson Boulevard and Landfill- Blackburn Road. The FDOT surplus right -of -way
constitutes a portion of this right -of -way. Inquiries made by the Developer have revealed that FDOT is
willing to transfer the FDOT surplus right -of -way to County via quitclaim deed, which will result in
substantial right -of -way cost savings. However, the request must be made by formal resolution of the
Board of County Commissioners.
FISCAL IMPACT: FDOT will not be seeking compensation for transfer of the right -of -way.
Furthermore, the Developer is responsible for payment of the costs of recording the quitclaim deed
transferring the right -of -way. This item accordingly has no fiscal impact for County.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's
Growth Management Plan per the North Belle Meade Overlay and consistent with the 2030 Long Range
Transportation Plan.
LEGAL CONSIDERATIONS: This Executive Summary is legally sufficient for Board action.
This item is not quasi judicial, and as such, ex parte disclosure is not required. This item requires a
majority vote only. — HFAC
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:,
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute the attached Resolution on behalf of the Board;
3. Accept the conveyance of the above - referenced right -of -way from the Florida Department of
Transportation via quitclaim deed and authorize the County Manager or his designee to record
same in the public records of Collier County, Florida;
4. Authorize the payment of all costs and expenses necessary to close foresaid transaction; and
5. Approve any and all budget amendments required.
Prepared by: Robert Bosch, ROW Coordinator, TECM
Attachments:
1. Resolution; and
2. Vicinity Map.
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Agenda Item No. 16B14
July 28, 2009
Page 2 of 6
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
161314
Item Summary:
Recommendation to adopt a resolution requesting that the Florida Department of
Transportation quitclaim to Collier County certain right
-of -way, being the North fifty feet of the
South one hundred feet of Section 31, Township 49 South, Range 27 East, Collier County,
Florida, required for construction of the Wilson Boulevard Extension. Estimated fiscal impact:
None.
Meeting Date:
7/28/2009 9:00:00 AM
Prepared By
Robert Bosch
Right of Way Coordinator
Date
Transportation
TECM
7/10120^9 2:45:57 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
7/10/2009 4:08 PM
Approved By
Nick Casalanguida
MPO Director
Date
Transportation Services
Transportation Planning
7/1012009 4:36 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7/10/2009 4:40 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
7/1312009 11:31 AM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/13/2009 4:00 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
7/14/2009 1:42 PM
Construction Management
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/1512009 9:36 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
7/15/2009 1:45 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/15/2009 2:39 PM
Approved By
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Agenda item fro. 16314
July 28, 2009
Page 3 of 6
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 711512009 5:09 BM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office 711612009 10:06 AM
Commissioners
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Agenda Item No. 161314
July 28, 2009
Page 4 of 6
RESOLUTION NO. 2009 -
A RESOLUTION REQUESTING THAT THE FLORIDA DEPARTMENT
OF TRANSPORTATION QUITCLAIM TO COLLIER COUNTY
CERTAIN RIGHT -OF -WAY, BEING THE NORTH FIFTY FEET OF THE
SOUTH ONE HUNDRED FEET OF SECTION 31, TOWNSHIP 49 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, in accordance with provisions of Section 335.0415, Florida Statutes, the
State of Florida Department of Transportation (hereinafter referred to as "FDOT ") has the
authority to transfer jurisdiction of roads and rights -of -way from the State Highway System to
local governmental entities, provided there is mutual approval of the transfer by FDOT and the
affected local government entity; and
WHEREAS, FDOT currently has title to certain right -of -way, being the North fifty feet
of the South one hundred feet of Section 31, Township 49 South, Range 27 East, Collier County,
Florida; and
WHEREAS, Collier County requires said right -of -way for the construction of the Wilson
Boulevard Extension and desires for FDOT to transfer jurisdiction of the right -of -way from the
State Highway System to the jurisdiction of Collier County; and
WHEREAS, the Collier County Board of County Commissioners has determined that it
is in the best interest of the citizens of Collier County for the County to accept title to the right-
of -way and the jurisdiction therefor; and
WHEREAS, the right -of -way is to be conveyed for public purpose use only.
NOW THEREFORE BE IT RESOLVED that the Collier County Board of County
Commissioners does hereby request the Florida Department of Transportation to transfer unto
Collier County jurisdiction for, and all right, title and interest in and to the North fifty feet of the
South one hundred feet of Section 31, Township 49 South, Range 27 East, Collier County,
Florida, and hereby formally petitions FDOT to release all rights to phosphates, minerals, metals
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Agenda Item No, 16814
July 28. 2009
Page 5 of 6
and petroleum in, on or under the right -of -way and to waive any right of surface exploration, and
does hereby authorize its Chairman to execute any agreement or other instrument pertaining to
said transfer.
BE IT FURTHER RESOLVED, the release of FDOT's rights to phosphates, minerals,
metals and petroleum is needed to ensure that the future public road infrastructure is not
disturbed by mining or mineral exploration.
THIS RESOLUTION ADOPTED this
motion, second and majority vote_
ATTEST:
DWIGHT E. BROCK, CLERK
i
, Deputy Clerk
Approved as to form and
legal sufficiency:
County Attorney
day of
2009, after
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Page 2 of 2
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