2017-R-12 RESOLUTION NO 2017-R-12
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA,
AUTHORIZING A TRANSFER AGREEMENT
WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR PORTIONS OF STATE
ROAD 442; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT.
Whereas, the Department owns certain right-of-way located within the City of Edgewater
known as State Road 442 (FDOT Roadway ID 79210000) from Mile Point 0.068 to Mile Point
0.151 ("STATE SEGMENT"); and
Whereas, the terms "STATE SEGMENT" shall include the actual roadbed together with all
bridges, curbs, culverts, drainage structures, sidewalks, bike paths, and other improvements
located within the designated right-of-way; and
Whereas, the City of Edgewater requests that the Department transfer the STATE SEGMENT
from the State Highway System to the City of Edgewater Road System; and
Whereas, based on the obligations set forth herein and a consideration of the criteria set forth in
section 335.0415, Florida Statutes, the Department and City of Edgewater are amenable to the
requested transfers; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The recitations set forth above are true, accurate and correct and are incorporated
herein.
Section 2. City of Edgewater requests that jurisdiction of State Road 442 (FDOT Roadway ID
79210000) from Mile Point 0.068 to Mile Point 0.151 be transferred from the State of Florida to
the City of Edgewater. The City of Edgewater authorizes the execution of the Transfer
Agreement and recognizes and accepts the terms and conditions found therein.
Section 3. The City of Edgewater authorizes Tracey Barlow, City of Edgewater's City Manager
to sign the Transfer Agreement.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 5. That this Resolution shall be effective immediately upon its passage and adoption.
EXHIBIT
112017-R-12
After Motion to approve by Lnr o ,, , and Second by
r r-. , the vote on this resolution was as
follows:
&YE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power �—
Councilwoman Amy Vogt �—
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 3rd day of April, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By/id/474-j‘
Robin L. Matusic Michael Ig
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 3rd day of April,2017 under
Aaron R. Wolfe,Esquire Agenda Item No. 8 .
City Attorney
Doran,Sims,Wolfe&Ciocchetti
A2
„2017-R-12
City of
1EDGEWATER
CERTIFICATION
I, Robin L. Matusick, City Clerk/Paralegal of the City of Edgewater Florida, do hereby
certify that the attached is a true and Correct Copy of the City of Edgewater's Resolution
Number 2017-R-12 as it appears in the public records of the City of Edgewater, Florida.
IN WITNESS WHEREOF, I have set my hand and the seal of the City of Edgewater,
Florida, on this 3rd day of April, 2017.
Robin L. Matusick
City Clerk/Paralegal
SEAL
Office of the City Clerk
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2410
w ww.cityofedgewater.o rg
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ROADWAY TRANSFER AGREEMENT BETWEEN STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF EDGEWATER; STATE ROAD 442,
FROM STATE HIGHWAY SYSTEM TO CITY ROADWAY SYSTEM
THIS AGREEMENT, made and entered into this 3 -oL day of Qf;► J
2017, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of
the State of Florida, hereinafter called "FDOT" and the City of Edgewater, hereinafter called the
"CITY";
WITNESSETH
A. The CITY has requested the transfer of a segment of State Road 442 (FDOT Roadway ID
79210000) from Mile Point 0.068 to Mile Point 0.151 ("Road Segment"), as depicted on
the map attached hereto as "Exhibit A," from the State Highway System to the City
Roadway System. This transfer is mutually agreed upon between the CITY and FDOT.
B. Section 335.0415, Florida Statutes, authorizes the parties to enter this Agreement.
THEREFORE, in consideration of the mutual covenants and promises herein contained,
and for other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged,the CITY and FDOT agree as set forth below:
1. The recitals set forth in paragraphs A and B above are true and correct, and are by
reference made a part of this Agreement.
2. This Agreement sets forth the terms and conditions under which the CITY and FDOT
will abide.
3. By resolution, attached hereto as "Exhibit B," the CITY has authorized its representative
whose name is signed below to enter into this Agreement.
4. This Agreement and transfer of the Road Segment is subject to final approval by the
Secretary of the Department, which date shall serve as the effective date of this
Agreement. The commencement of jurisdiction and maintenance responsibilities for the
Road Segment is the date of the approval by the Secretary of FDOT.
5. The CITY accepts all responsibility for the Road Segment right-of-way and for operation
and maintenance of the roadway, including bridges. In addition to the roadbed, this
agreement includes all curbs, culverts, and drainage structures within the right-of-way at
the time of transfer. The CITY shall be responsible for maintenance of public sidewalks,
bike paths, and other ways in the right-of-way.
6. The FDOT gives up all rights to the Road Segment, including the right-of-way, except as
may be specified in this Agreement and as may be reflected in the deed of conveyance
from the FDOT to the CITY, a copy of which is attached hereto as Exhibit "C." The
reservation of Limited Access rights as reflected in the deed of conveyance shall survive
the execution and performance of this Agreement.
7. It is agreed that all obligations of the FDOT, under any maintenance, utility, or railroad
crossing agreement, or other such agreement relating to the Road Segment, shall be
transferred at the same time and in the same manner as jurisdictional responsibility. The
FDOT acknowledges that copies of any existing permits, agreements, and easements
have been turned over to the CITY for their records prior to the execution of this
agreement.
8. If there will be any road number changes, CITY will offer an opportunity for a public
hearing.
9. If there is evidence of historical or archaeological resources that could be adversely
impacted after a transfer, the CITY agrees to maintain the resources in accordance with
the Cultural Resource Management Coordinator CRMC recommendations. If no evidence
is found, the CITY agrees not to adversely affect any such resources if found after the
transfer.
10. Since federal-aid funding has been used on the Road Segment, the FDOT will enter into a
project maintenance agreement with the CITY in accordance with Topic Number 850-
065-001, Inspection of Federal-aid Projects under Local Jurisdiction.
11. Existing deeds or right-of-way maps will be recorded, by the CITY, in the public land
records of the county in which the rights-of-way are located.
12. All words used herein in the singular shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words in any gender
shall extend to and include all genders.
13. This Agreement embodies the whole agreement of the parties. There are no promises,
terms, conditions or obligations other than those contained herein and this Agreement
shall supersede all previous communications, representations or agreements, either verbal
or written, between the parties hereto.
14. This Agreement shall be exclusively governed by and construed in accordance with the
laws of the State of Florida.
Page 2 of 4
15. For communications purposes, the parties may be reached at the following addresses and
phone numbers.
FDOT: Florida Department of Transportation
John Zielinski
District Five SIS Administrator
133 S. Semoran Blvd.
Orlando, Florida 32807
Telephone: (407) 482-7882
City: City of Edgewater
Tracey Barlow, City of Edgewater City Manager
104 North Riverside Drive
Edgewater, FL 32132
Telephone: (386) 424-2400
16. Each party is an independent contractor and is not an agent of the other party. Nothing
contained in this Agreement shall be construed to create any fiduciary relationship
between the parties during or after the performance of this Agreement. Neither party shall
have the authority to bind the other party to any obligation whatsoever to any third party
without the express specific written consent of the other.
17. No modification, amendment, or alteration in the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
18. If any part of the Agreement shall be determined to be invalid or unenforceable by a court
of competent jurisdiction or by any other legally constituted body having the jurisdiction
to make such determination, the remainder of this Agreement shall remain in full force
and effect provided that the part of this Agreement thus invalidated or declared
unenforceable is not material to the intended operation of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the
day and year first above written.
Page 3of4
DEPARTMENT DISTRICT 5 Attest:
Signed: Signed:
Steve Martin, P.E.
Secretary, Department District 5 Printed Name:
Date: Title:
Date:
Legal Review:
Signed:
Office of the General Counsel
Florida Department of Transportation, District 5
CITY OF EDGEWATE ' Attest:
Signed: A ♦ Signed: ,k.
racey :arlow Robin L. Matusick
Edg- "ater City Manager City Clerk/Paralegal
Date: Date: 0--KCtd2 a,
Legal Review:
Signed: �P.
Aaron R. Wolfe, (Attorney
Legal Counsel for the City of Edgewater
FINAL APPROVAL BY THE SECRETARY OF THE
FLORIDA DEPARTMENT OF TRANSPORTATION
The Secretary of the Florida Department of Transportation approves the transfer and all
provisions listed in this executed Transfer Agreement and the supporting Resolution between the
Department and the City.
Signed:
Rachel D. Cone
Interim Secretary of the Florida Department of Transportation
Date:
Page 4 of 4
ROWE5 11/00
March 14, 2017
ROBIN D. DERR
Under the direction of
FREDRICK W. LOOSE, ATTORNEY
Department of Transportation
719 South Woodland Boulevard
DeLand, Florida 32720-6834
PARCEL NO. 110-PART 2 and 111-PART 2
SECTION 79002-2406
STATE ROAD 442
COUNTY VOLUSIA
QUITCLAIM DEED - ROAD TRANSFER
THIS INDENTURE, made this 3 -'L day of
by and between the STATE OF FLORIDA, by and through the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter called "Grantor", and CITY OF
EDGEWATER, a Florida Municipal Corporation, hereinafter called "Grantee".
WITNESSETH
WHEREAS, the hereinafter described land was acquired by Grantor for use
as right of way for a state road on the state highway system, and
WHEREAS, said road has been classified as part of the public road system
over which Grantee has jurisdiction and the Secretary of Transportation has approved
transfer of legal title to Grantee as authorized by Section 337.25(4) Florida Statutes.
NOW, THEREFORE. THIS INDENTURE WITNESSETH: That the Grantor
does hereby remise. release and quitclaim unto the Grantee. and assigns, forever, all the
right, title and interest of the State of Florida and/or the State of Florida Department of
Transportation to the property described on Exhibit "A", attached hereto and made a part
hereof.
TO HAVE AND TO HOLD the said premises and the appurtenances thereof
unto the Grantee.
THIS CONVEYANCE IS made subject to any unpaid taxes. assessments,
liens or encumbrances of any nature whatsoever which the Grantee hereunder and herein
assumes.
EXHIBIT
c
PARCEL NO. 110-PART 2 and 111-PART 2
SECTION 79002-2406
PAGE 2
IN WITNESS WHEREOF, the State of Florida Department of Transportation
has caused these presents to be signed in the name of the State of Florida Department of
Transportation by its District Secretary, District Five, and its seal to be hereunto affixed,
attested by its Executive Secretary, on the date first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST: By:
(type/print name) Steven W. Martin, P.E.
Executive Secretary District Five Secretary
(Affix Department Seal)
Legal Review
Office of General Counsel
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of .
by Steven W. Martin. P.E., District Secretary for District Five, who is personally known to me, or
who has produced as identification.
(type/print name)
Notary Public in and for the
County and State last aforesaid.
(Affix Notary Seal) My Commission Expires:
PARCEL NO. 110-PART 2 and 111-PART 2
SECTION 79002-2406
PAGE 3
EXHIBIT "A"
Parcel 110-Part 2 and 111-Part 2 Section 79002-2406
A PART OF SECTIONS 6 AND 7, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA
COUNTY. FLORIDA. AND BEING A PORTION OF PARCELS 110 AND 111 AS SHOWN ON
THE STATE OF FLORIDA, STATE ROAD DEPARTMENT. RIGHT OF WAY MAP, SECTION
79002-2406 AS DESCRIBED IN OFFICIAL RECORDS BOOK 1281, PAGE 577 OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY. FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTH BOUNDARY OF SECTION 8,
TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY, FLORIDA WITH THE
CENTERLINE OF INTERSTATE NO. 95 (STATE ROAD NO. 9) AS SHOWN ON SAID RIGHT
OF WAY MAP, AT A POINT BEARING N.89°29'55°E., A DISTANCE OF 2542.63 FEET FROM
THE SOUTHWEST CORNER THEREOF; THENCE DEPARTING SAID SOUTH BOUNDARY.
RUN N.22°11'50"W., ALONG SAID CENTERLINE A DISTANCE OF 5721.06 FEET TO THE
CENTERLINE OF EDGEWATER ROAD (STATE ROAD NO. 442); THENCE S.89°41'55"W.,
ALONG SAID CENTERLINE, A DISTANCE OF 641.59 FEET TO THE POINT OF BEGINNING;
THENCE DEPARTING SAID CENTERLINE, RUN S.00°18'05"E., A DISTANCE OF 126.27
FEET TO THE EXISTING LIMITED ACCESS RIGHT OF WAY LINE OF SAID INTERSTATE
NO. 95; THENCE RUN ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE THE
FOLLOWING COURSES AND DISTANCES; N.76°02'40"W., A DISTANCE OF 106.68 FEET;
THENCE S.89°41'55"W., A DISTANCE OF 330.02 FEET TO THE END OF SAID LIMITED
ACCESS RIGHT OF WAY LINE; THENCE DEPARTING SAID LIMITED ACCESS RIGHT OF
WAY LINE. RUN N.00°18'05"W., A DISTANCE OF 200.00 FEET TO A POINT BEING THE
BEGINNING OF AN EXISTING LIMITED ACCESS RIGHT OF WAY LINE; THENCE RUN
ALONG SAID LIMITED ACCESS RIGHT OF WAY LINE THE FOLLOWING COURSES AND
DISTANCES: N.89°41'55"E., A DISTANCE OF 332.81 FEET; THENCE N.77°55'46"E., A
DISTANCE OF 102.76 FEET: THENCE DEPARTING SAID LIMITED ACCESS RIGHT OF WAY
LINE, RUN S.00°18'05"E., A DISTANCE OF 120.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 2.045 ACRES.
THIS LEGAL DESCRIPTION PREPARED UNDER THE DIRECTION OF:
KENNETH R. JONES, P.L.S. NO. 4914
MARK DOWST &ASSOCIATES, INC.
536 NORTH HALIFAX AVENUE, SUITE #100
DAYTONA BEACH, FLORIDA 32118
JANUARY 18, 2017
Reserving onto the Party of the First Part, all rights of ingress. egress, light, air and view. along the
Northerly and Southerly Limited Access right of way line as described above.
City of
rDGiaATI
ER
April 4, 2017
Daniel L. McDermott
Department of Transportation
719 S. Woodland Boulevard, MS — 1-550
DeLand, Florida 32720
Re: City of Edgewater - Resolution #2017-R-12
FDOT - Transfer Agreement for portions of SR 442
Dear Mr. McDermott:
During the City Council meeting held on April 3, 2017. Council approved the above-referenced
Resolution and Transfer Agreement for portion of SR 442. An original of the Agreement; fully
executed by the City of Edgewater and copy of the Resolution along with a Certification are
enclosed for your information/files. Once execution is finalized by FDOT, please forward a
completed document to my office at the location listed below.
Do not hesitate to contact my office at the number listed below if you have any questions.
Sincerely,
Buz ,i Matuack
Robin L. Matusick
City Clerk/Paralegal
rmatusick(cr;cityofedgewater.org
/rim
Enclosures
Copy to: Samantha Bergeron (copy on laserfiche)
Brenda Dewees(copy on laserfiche)
Finance(copy on laserfiche)
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400,Ext. 1101 •Fax(386)424-2410
www.citvofedgewater.org
(Letter/Ltr-2017-034)