File #: RES 2019-146    Name: FDOT Subordination
Type: Resolution Status: Passed
File created: 5/23/2019 In control: City Commission
On agenda: 6/13/2019 Final action: 6/13/2019
Title: A RESOLUTION AUTHORIZING THE MAYOR, OR VICE MAYOR, TO EXECUTE A SUBORDINATION OF CITY UTILITY INTERESTS AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), DISTRICT FOUR, TO SUBORDINATE A PORTION OF INTEREST IN A CERTAIN UTILITY EASEMENT ASSOCIATED WITH THE LEDER HILLSBORO DEVELOPMENT. Body
Indexes: Agreement, FDOT, Resolution, Utility Easement
Attachments: 1. RESOLUTION 2019-146-FDOT Easement Subordination Agrmt, 2. AGREEMENT-FDOT Easement Subordination, 3. BACKUP-2017-1011 P&Z Mtg Minutes / Site Plan Approval

AGENDA ITEM REPORT

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A RESOLUTION AUTHORIZING THE MAYOR, OR VICE MAYOR, TO EXECUTE A SUBORDINATION OF CITY UTILITY INTERESTS AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), DISTRICT FOUR, TO SUBORDINATE A PORTION OF INTEREST IN A CERTAIN UTILITY EASEMENT ASSOCIATED WITH THE LEDER HILLSBORO DEVELOPMENT. Body

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BACKGROUND:

In October of 2017, the Planning and Zoning Board approved the Leder Hillsboro site plan application, which provided for a new commercial construction project along Hillsboro Boulevard.  As part of this construction, there will be required work within and adjacent to FDOT rights-of-way relating to turn lane, driveway, and pedestrian improvements.  FDOT has determined that a small portion of the project area, which the City has an interest in through a recorded utility easement, is necessary for highway purposes. 

DISCUSSION:

In order for the construction of the required project improvements along Hillsboro to proceed, including turn lane and driveway improvements, FDOT is requiring subordination of a portion of the interest claimed in such lands by the City to FDOT.  FDOT is willing to pay to have the City’s facilities located within the portion of the easement relocated if necessary to prevent any conflict between facilities; however, it is not anticipated that this will be necessary.  The City will have the right to construct, maintain, improve, add to, upgrade, remove and/or relocate facilities within the subject area.  As such, the City has no objections to this request by FDOT to subordinate the City’s interest in a portion of the subject utility easement. 

RECOMMENDATION:

Staff recommends approval of this resolution.

FISCAL IMPACT: N/A