Agenda 09/09-10/2008 Item #16B 5
EXECUTIVE SUMMARY
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Recommendation to adopt a resolution requesting that the Florida Department of
Transportation Quitclaim to Collier County all that portion of State Road S-953 (Bald Eagle
Drive), former State Road 951, Collier County, Florida, lying between former State Road 92
(San Marco Drive) on the south, and Marco Pass on the nortb, per State of Florida Road
Department Right of Way Map Section No. (0303) 0351-250 for Road No. S-951, and to
approve an Interlocal Agreement between Collier County and the City of Marco Island
transferring jurisdiction of said public road to the City of Marco Island. Estimated fiscal
impact: Approximately $35.50
OBJECTIVE: To adopt a resolution requesting that the Florida Department of Transportation
Quitclaim to Collier County all that portion of State Road S-953 (Bald Eagle Drive), former State
Road 951, Collier County, Florida, lying between former State Road 92 (San Marco Drive) on the
south, and Marco Pass on the north, per State of Florida Road Department Right of Way Map
Section No. (0303) 0351-250 for Road No. S-951 ("Bald Eagle Drive"), and to approve an
Interlocal Agreement between Collier County and the City of Marco Island transferring jurisdiction
of said public road to the City of Marco Island.
CONSIDERATIONS: On January 19, 1999 and on July 30, 2002, Collier County and the City of
Marco Island entered into two separate Interlocal Agreements transferring jurisdiction of all public
roads and road rights-of-way located in Marco Island to the City of Marco Island. Recently it was
discovered that legal title to Bald Eagle Drive was not properly vested in the County at the time the
Interlocal Agreements were executed. The parties erroneously believed that legal title to Bald Eagle
Drive vested in the City of Marco Island since 1999, and the City of Marco Island has maintained
Bald Eagle Drive as a City roadway since then. The City of Marco Island wishes to install utilities
and construct improvements to Bald Eagle Drive, and has requested County to execute the attached
Interlocal Agreement. The agreement provides for the transfer of legal title to Bald Eagle Drive to
the City of Marco Island, once County has acquired such title from the Florida Department of
Transportation ("FOOT"), who currently holds title.
FOOT is willing to transfer legal title to Bald Eagle Drive to Collier County, as the road is surplus
to their requirements. The attached proposed resolution authorizes County staff to request such
transfer. A legal description and sketch of Bald Eagle Drive is attached.
FISCAL IMPACT: FOOT will not be seeking compensation from County, nor will County be
seeking compensation from FOOT for transfer of legal title to Bald Eagle Drive. Therefore the only
fiscal impact these transactions will have will be the recording costs of a Quitclaim Deed from
FOOT, which should not exceed $35.50. Source of funds are gas tax and/or road impact fees.
GROWTH MANAGEMENT IMPACT: This recommendation is consistent with the County's
Growth Management Plan.
AGE
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LEGAL CONSIDERATIONS: The attached resolution has been reviewed and approved for
legal sufficiency by the County Attorney. -JAK
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
I. Approve the attached Interlocal Agreement;
2. Adopt the attached Resolution;
3. Authorize its Chairman to execute the attached Interlocal Agreement and Resolution on
behalf of the Board;
4. Accept the conveyance of Bald Eagle Drive 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;
5. Authorize the conveyance of Bald Eagle Drive to the City of Marco Island via Quitclaim
Deed;
6. Authorize the payment of all costs and expenses necessary to close foresaid transactions; and
7. Approve any and all budget amendments required.
Prepared by; Robert Bosch, ROW Coordinator, TECM
Attachments:
I. Resolution;
2. lnterlocal Agreement;
3. Legal Description and Sketch of Bald Eagle Drive
RESOLUTION NO. 2008 -
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A RESOLUTION REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION QUITCLAIM TO
COLLIER COUNTY ALL THAT PORTION OF STATE
ROAD S-953 (BALD EAGLE DRIVE), FORMER STATE
ROAD 951, COLLIER COUNTY, FLORIDA, LYING
BETWEEN FORMER STATE ROAD 92 (SAN MARCO
DRIVE) ON THE SOUTH, AND MARCO PASS ON THE
NORTH, PER STATE OF FLORIDA ROAD DEPARTMENT
RIGHT OF WAY MAP SECTION NO. (0303) 0351-250 FOR
ROAD NO. S-951.
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 10 right-of-way required for the construction of
utility easements and improvements along Bald Eagle Drive; and
WHEREAS, FDOT desires 10 transfer Bald Eagle Drive from the State Highway System
to the jurisdiclion of Collier County; and
WHEREAS, Collier County desires for FDOT to transfer jurisdiction of Bald Eagle
Drive 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 Bald Eagle
Drive and the jurisdiction therefor; and
WHEREAS, said public road is to be conveyed for public purpose use only.
NOW THEREFORE BE IT RESOLVED that the Collier County Board of County
Cornmissioners does hereby request the Florida Department of Transportation to transfer unto
Collier County jurisdiction for, and all right, title and interest in and to all that portion of State
Road S-953 (Bald Eagle Drive), former State Road 951, Collier County, Florida, lying between
former State Road 92 (San Marco Drive) on the south, and Marco Pass on the north, per State of
Florida Road Department Right of Way Map Section No. (0303) 0351-250 for Road No. S-951,
and does hereby authorize its Chairman to execute any agreement or other instrument pertaining
to said transfer.
Page 1 of2
THIS RESOLUTION ADOPTED this _ day of
motion, second and majority vote.
SEP (.);} ?MJl,
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, 2008, after
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM HENNING, CHAIRMAN
to form and
ncy:
Page 2 of2
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INTERLOCAL AGREEMENT em OF MARCO ISL~ND
BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY
TRANSFERRING JURISDICTION OF PUBLIC ROADS
AND ROAD RIGI-ITS-OF- WAY WITHIN
THE CITY LIMITS OF MARCO ISLAND
(BALD EAGLE DRIVE)
This Interlocal Agreement between Collier County and the City of Marco Island
is made this day of , 2008, by and between Collier
County, a political subdivision of the State of Florida, hereinafter referred to as "County,"
and the City of Marco Island, a municipal corporation, hereinafter referred to as "City."
WIT N E SSE T H:
WHEREAS, on January 19, 1999 and on July 30, 2002, the County and City
entered into an Interlocal Agreement to transfer ownership of certain public roads and
road rights-of-way from the County to the City; and
WHEREAS, the above referenced Interlocal Agreements defined the parties'
intent 10 and the extent of the transfer all public roads within the City, including the
maintenance and operation of all bridges, drainage easements, street lights, traffic control
devices, traffic signs, signals and pavement markings on or within such roads and rights-
of-way; and
Wl:-IEREAS, since the above referenced Interlocal Agreements were executed, it
has come to the attention of the City that the legal title to a certain roadway in the City of
Marco Island and known as Bald Eagle Drive, was not properly vesled in the County at
the time the Interlocal Agreements were executed; and
WHEREAS, the parties erroneously believed that legal title to Bald Eagle Drive
was vested in the City and the City has maintained Bald Eagle Drive as a City roadway
since 1999; and
WHEREAS, the County may soon acquire legal title to Bald Eagle Drive from the
Florida Department of Transportation and if so, desires to then immediately transfer legal
title to Bald Eagle Drive to the City; and
WHEREAS, this Agreement is entered into in compliance with Section 335.0415,
Florida Statutes.
NOW, THEREFORE, in consideration of the premises and other good and
valuable consideration received and acknowledged by the parties to be sufficient, the City
and County agree as follows:
I. The above described "WHEREAS" clauses are adopted and incorporated by
reference into this Agreement.
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2. The roadway known as Bald Eagle Drive, as described in Exhibit A, shall be
transferred to City by the County by quitclaim deed upon receipt of a deed from the
Florida Department of Transportation or other state agency authorized to do so on behalf
of the State of Florida.
3. The jurisdiction and responsibility for all repairs, maintenance and operation of
all other bridges, drainage easements, street lights, traffic control devices, including
traffic signs, signals and pavement markings on or within such roads and associated road
rights-of-way, including traffic "stop and go" signals on Bald Eagle Drive and traffic
control devices necessary to control intersecting city streets or roads at their intersection
with Bald Eagle Drive is concurrently transferred from the County to the City.
4. The effective date of this Interlocal Agreement shall be the date tbe agreement
is last executed by either the City or County, after having been approved at a public
hearing by its respective governing body.
5. Unless otherwise agreed by the parties herein, this Interlocal Agreement shall
not in any way affect the other terms and conditions in effect pursuant to the July 30,
2002 and July 19, 1999 Interlocal Agreement. Tbis Agreement may be amended in the
future to add any additional roadways, whose legal title may still remain vested in County
due to oversight or error.
6. This Interlocal Agreement shall be recorded in the public records of Collier
County, Florida.
fN WITNESS WHEREOF, the parties hereto have caused these present to be
executed by their respective authorized signatories.
DATE:
DATE:
ATTEST:
DWIGHT E. BROCK, Clerk
ATTEST:
LAURA '~I"k
BY: c::::<' r
CITY OF MARCO ISLAND
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BY:
COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
BY:
TOM HENNfNG, Chairman
Approv
WILLIAM D. TROTTER, Chairman
::pro~ ~ a to fOISY:
City Attorney
BY:
County rn
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N~GENDA ITEM -,
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SECTION 0351-Job 250
State Road S-953(Bald 8~gle Drivel former State Road 951
Coller County, Florida
DESCRIPTION:
All that portion of State Road S-953(Bald Eagle Drivel formerly
known as State Road 951 lying between former State Road 92(San
i'-!arco Drive) on the south and Marco Pass on the north pel- State
of Florida Road Department Right of Way Map Section No.
(0303) 0351-250 for Road No. S-951.
All being in Sections 5, 8, 9 and 16, Township 52 South, Range 26
East, Marco Island, Collier County, Florida.
~me 'D scription Aoproved by:
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\illiam E.R2)'P.L.S. 37
Date: ()5- ~08
NOT VALID UNLESS Ei1BOSSED
EXHIBIT "A"
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