SUBJECT:
Title
Request Approval of Agreement Concerning Conveyance of Right-of-Way and Related Matters with 49th Street Gateway, LLC for the NW 49th Street Phase 3 Road Improvement Project (Budget Impact - Neutral; expenditure of $3,343,053.27 plus closing costs)
Body
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INITIATOR: |
DEPARTMENT: |
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Steven Cohoon, PE, County Engineer |
Office of the County Engineer |
DESCRIPTION/BACKGROUND:
This item requests approval of an Agreement Concerning Conveyance of Right-of-Way and Related Matters between Marion County and 49th Street Gateway, LLC for property needed for the NW 49th Street Phase 3 Road Improvement Project.
The agreement provides for the conveyance of approximately 4.02 acres of fee simple right-of-way together with temporary construction easements, drainage easements, and access easements necessary for construction of the project. In addition to the property acquisition, the agreement establishes the parties' respective responsibilities regarding roadway access, drainage facilities, turn lane improvements, construction sequencing, and future development coordination.
The negotiated agreement is based on the Florida Department of Transportation's appraised values for the fee simple acquisition, with negotiated reductions to the temporary construction and drainage easements. As part of the settlement, the County will incorporate certain turn lane improvements into the overall roadway project, resulting in a coordinated roadway improvement and eliminating the need for separate construction by the property owner.
The agreement also relocates a planned County drainage retention area to better accommodate future development while maintaining the required stormwater management facilities for the roadway project. The agreement further establishes construction milestones, requires 49th Street Gateway, LLC to assume long-term maintenance responsibility for the shared drainage facility, and provides that the County will participate only in a proportional share of costs associated with a catastrophic failure of the shared drainage facility, such as a sinkhole, collapse, or other sudden and substantial malfunction attributable to the roadway's use. This approach reduces the County's long-term maintenance obligations while ensuring continued stormwater functionality.
BUDGET/IMPACT:
Neutral; expenditure of $3,343,053.27 plus customary closing costs (Fund STC073811 - CIP Transportation - New Infrastructure ROW - 738-VJ38541-561301).
RECOMMENDED ACTION:
Recommended action
Motion to approve the Agreement Concerning Conveyance of Right-of-Way and Related Matters with 49th Street Gateway, LLC for the NW 49th Street Phase 3 Road Improvement Project and authorize the Chairman and Clerk to execute the agreement.
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