Item No: 4.C.2.
Meeting Date: December 10, 2012
From: James Feagle, Deputy Director, Public Works
Subject: Resolution authorizing execution of City deeds and easements for various parcels granting right-of-way and access on US Highway 441 between Canal Street and Bentley Road to the State of Florida, Department of Transportation.
Staff recommends approval of City Deeds and Perpetual Easements to the State of Florida, Department of Transportation.
The City of Leesburg has been approached by the Florida Department of Transportation (FDOT) regarding an upcoming project that will affect portions of the right-of-way along US Highway 441. This project is a reconstruction project that will change US Highway 441 from four lanes to six lanes for 1.65 miles from Perkins Street to State Road 44 and add a multi-use trail along portions of the project. The project is currently in the right-of-way acquisition phase. Estimated costs for the right-of-way acquisition are $25.5 million and $6.1 million for construction.
The FDOT is proposing an exchange of property for the purpose of constructing a 12’ multi-use trail system (Phase II Tav-Lee Trail) from Canal Street to Bentley Road. This project is currently not funded for construction (Financial Project ID 238394-3-52-01).
The FDOT is requesting five parcels on the north side of US Highway 441 (125A & B, 134, 803, and 806). Parcel 125 A & B will require site improvements, such as relocation of a gate, driveway stabilization, landscaping, backflow preventer and replacing of the fence. The FDOT will pay the City for these items in the amount of $111,360.00.
The FDOT will be responsible for the design and construction and the City will be responsible for maintenance of the surface and signage portion of the trail only. The City will not be responsible for mowing, beautification or any maintenance not associated with surface or signage maintenance. It is proposed the trail will be constructed in conjunction with the widening and reconstruction of US Highway 441 between Canal Street and Bentley Road. At this time the construction phase is not funded.
1. Approve the execution of the Deeds and Easements, or,
2. Such alternative action as the Commission may deem appropriate
There will be no fiscal impact for the City.
Department: ___Public Works_______
Preparedby: _______James Feagle___
Attachments: Yes__x_ No ______
Advertised: ____Not Required ______
Attorney Review : Yes_x__ No ____
Reviewed by: Dept. Head DCM
Finance Dept. __________________
Deputy C.M. ___________________
City Manager ___________________
Account No. _______n/a______
Project No. ____n/a___________
WF No. ____n/a______________
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE CERTAIN CITY DEEDS AND PERPETUAL EASEMENTS FOR BETWEEN THE CITY OF LEESBURG AS GRANTOR, AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AS GRANTEE, FOR THE PURPOSE OF PROVIDING FOR RIGHT-OF-WAY ALONG U.S. HIGHWAY 441 BETWEEN CANAL STREET AND BENTLEY ROAD, IN EXCHANGE FOR CONSTRUCTION OF A PEDESTRIAN TRAIL ALONG THAT SAME ROUTE; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LEESBURG, FLORIDA:
THAT the Mayor and City Clerk are hereby authorized to execute the following instruments between the City of Leesburg and the State of Florida Department of Transportation, for the purpose of providing right-of-way for the widening of U.S. Highway 441 between Canal Street and Bentley Road:
A. City Deed for Parcel No. 100;
B. City Deed for Parcels Nos. 125A and 125B;
C. Perpetual Easement for Parcel No. 806;
D. Perpetual Easement for Parcel No. 803; and
E. City Deed for Parcel No. 134.
These instruments are being given in return for monetary compensation for severance damages and repair or replacement of damage to improvements only, without monetary compensation for the value of the real property interest themselves, in return for agreement by the State of Florida Department of Transportation, under separate On System Maintenance Agreement, to acquire the additional right-of-way needed for a pedestrian trail along the widened are of U.S. Highway 441, and for the design and construction of that pedestrian trail.
THAT this resolution shall take effect upon its passage and adoption according to law.
PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the _10th ____ day of _December________ 2012.