AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE ACCEPTING THE CONVEYANCE OF TITLE FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROPERTIES AND EASEMENTS FOR PORTIONS OF DRAINAGE FACILITIES AND ROAD RIGHT-OF-WAY, SUCH PROPERTIES GENERALLY LOCATED WITHIN THE MAINSTREET PROJECT AREA AND BEING IDENTIFIED IN THE LEGAL DESCRIPTIONS AND SKETCHES ATTACHED HERETO AS EXHIBIT "A." (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the August 7, 2025, City Commission Meeting.
The Florida Department of Transportation (FDOT) owns various properties and easements used for drainage and right-of-way within the MainStreet Project Area. Pursuant to Section 337.25(4)(b), Florida Statutes, FDOT may convey surplus property to another government agency for public purposes, at no cost. On July 11, 2024, the City Commission approved Resolution No. 2024-103, requesting that FDOT convey said properties and easements to the City.
DISCUSSION:
The City identified eight (8) right-of-way and drainage easement parcels owned by FDOT, as identified in the quitclaim deed from FDOT, attached as Exhibit "1," and attached location map, which are generally located along the western end of Cullum Road and NW 54 Avenue. In most cases, the City has already been maintaining these areas for an extended period of time. Upon the City's request, FDOT has declared these interests surplus and agreed to transfer them to the City.
Section 310 of the City Charter requires that where the City acquires a fee simple interest in real property by purchase, dedication, or condemnation, it shall do so by ordinance. Section 13-42, entitled "Transactions involving the city's interest in real property," of the City's Land Development Code requires all land transactions in which the City acquires simple title to real property to be approved by ordinance.
Section 13-42(2), entitled "Acquisition of real property," states that the City Commission may, upon completion and review of a p...
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