Resolution 2008-249
~~: 4215918 OR: 4396 PG: 3345
CLBRK TO THB BOARD RBCORDBD in the OPPICIAL RBCORDS of COLLIBR COUNTY, PL
INTBROPPICB 4TH PLOOR 09/29/2008 at 08:12AM DWIGHT B. BROCK, CLBRK
BIT 7240
RESOLUTION NO. 2008 - 249
RBC PBB
COPIBS
18.50
2.00
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 ST ATE 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 to right-of-way required for the construction of
utility easements and improvements along Bald Eagle Drive; and
WHEREAS, FDOT desires to transfer Bald Eagle Drive from the State Highway System
to the jurisdiction 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
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 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
*** OR: 4396 PG: 3346 ***
THIS RESOLUTION ADOPTED this qTft day ofrt=-,o((:>NlJPk. , 2008, after
motion, second and majority vote.
_, ",': '0 B'i'l
A TTB;ST: 0 ... 0 '" . " c,
DW'lGHY E:BROCK CLERK
:'~ ::;2, " ":': \.;r~ '
BOARD OF COUNTY COMMISSIONERS
OF COLU7:0UNTYi FLORI~A
By: ~fJt.--
TOM HENNING, CHAIRMA
By:;'-,
. .n
AttKt " t1)~~ 1M:'!~no l
1 t ,~ I, . N ' ~ ' .
, Qna _,}t'0 (" ,. "." ,
App oved to form and
leg su ncy:
Page 2 of2
Retn:
CLlRK TO THB BOARD
INTBROPPICB 4TH PLOOR
BIT 7240
4215919 OR: 4396 PG: 3347
RBCORDBD in the OPPICIAL RBCORDS of COLLIBR COUNTY, PL
09/29/2008 at 08:12AM DWIGHT B. BROCK, CLBRK
RBC PBB
COPIBS
35JoL
4.00
IF lv1/t.'1CO
INTERLOCAL AGREEMENT ,:{
BETWEEN THE CITY OF MARCO ISLAND AND COLUER COUNTY
TRANSFERRING JURISDICTION OF PUBUC ROADS
AND ROAD RIGHTS-OF-WAY WITHIN
THE CITY UMITS OF MARCO ISLAND
(BALD EAGLE DRIVE)
This Interlocal Agreement between Collier County and the City of Marco Island
is made this 'i Ht day of ~Ffi i&t< 6 F-'~ , 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 to 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
WHEREAS, 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 vested 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:
1. The above described "WHEREAS" clauses are adopted and incorporated by
reference into this Agreement.
1
OR: 4396 PG: 3348
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 the 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. This 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.
IN WITNESS WHEREOF, the parties hereto have caused these present to be
executed by their respective authorized signatories.
DATE-;...~rT~;.kF.{ 9:, looil
''\ " .' '
~ ...~:<
DATE: ,"\l<.GMSc ~S~( ,).OOr-
". '\
ATTEST:
LAURA UTZAN, Deput lerk
BY:
.
CITY OF MARCO ISLAND
~ /I c,
BY:
County
WILUAM D. TROTTER, Chairman
Appro," d a to form find fYf'dy:
BY:' J. If.{,
City Attorney
2
OR: 4396 PG:3349
SECTION 0351-Jo~ 2SC
State ~cdd $-95313a10 Eaqle Drivel ~crmer ~tate Road 95~
Coller County, flcrida
DESCR.IPTION:
All that port~on of state Read S-9531Bald Eagle Drivel formerly
known 43 S:a:e RWdd 951 lyi~g between former State Roan 97(San
Mar~o Drivel on the gO~t~ 3~d Marco ?ass on the nortn per State
af ~'orid. RDad Cepartment ~ight of Way Map Section No.
(0103)0351-250 for BOdd No. 5-951.
Al:. beinq it: Sec::ions 5, EI, 9 i!nd 1.6, TuwJlah::'p 52 South, ~al1g4! 26
East, :-iarco l$la.nd, Collier C$l.mty, Floriqa.
mLe. OO'''IPttO".: ~ .A pro..d by'
_~~.R.~~ .'
;):~;~305- ~-M~
~OT VALID UNL~SS EMEOSSED
::XHBI':' "A"
Pdqe 1
-., ~o ***
...,1c,.1c..'k..OR;,,'4.396 PG.
.;,~'
l:'
t;.'
..,
s
...... <iJ" Iuto
.. 0.: '''!.l!! ."', "rco D
.......'ot'~ <,>. 't:~ "'j ~
,....~.. . >~.!Io,.~.... e f
~- "" .'..~.. .
"'-:"', ~~.,........>; ':"f'_.
Y .,.,. f#:'"
\ \. t '"
~il. l\I~. ..'
\\ I ~~\
\ l
\
.,
l
~~...~
'"!//C.p.
...,.....:f;
,-" d....t
_.,'~~. ~ -: ~ .:'i'it
\\~,\\ ...a
.".*"'
f" r
i~f
l~"
.. ..."
!" ~ II'"
.. ,
if !
, ;) of
:1.,
", J1w
"
..
'"
Q
a