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HomeMy WebLinkAboutResolution 2003-12 RESOLUTION 2003-12 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, TO THE FLORIDA DEPARTMENT OF TRANSPORTATION REQUESTING TRANSFER OF A PORTION OF SR 439/BLUFORD A VENUEIMCKEY STREET/T AYLOR STREET FROM SR SO/COLONIAL DRIVE TO SR 437/H. M. BOWNESS ROAD FROM THE STATE HIGHWAY SYSTEM TO THE CITY ROADWAY SYSTEM; AUTHORIZING THE EXECUTION OF A ROADWAY TRANSFER AGREEMENT AND RAILROAD CROSSING TRANSFER AGREEMENT IN CONNECTION THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE Whereas, SR 439 between SR 50 and SR 437 is currently a state road; and Whereas, the City of Ocoee, Florida has planned streetscape improvements within these limits; and Whereas, it would allow more design flexibility and control by the City of Ocoee, since permitting and review by the Florida Department of Transportation would not be required; and Whereas, Florida Statute 335.0415 provides for such a transfer as long as the Department of Transportation and the City of Ocoee, Florida, agree to the transfer; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Ocoee, Florida as follows: Section 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes, and Section 335.0415, Florida Statutes. Section 2. The recitations set forth above are true, accurate and correct and are incorporated herein. Section 3. The City ofOcoee requests that jurisdiction ofSR 439 between SR 50 and SR 437 be transferred from the State to the City ofOcoee. The City authorizes the execution of the Roadway Transfer Agreement and recognizes and accepts the terms and conditions found therein. The City authorizes Mayor S. Scott Vandergrift to sign the Roadway Transfer Agreement. Section 4. In connection with the transfer of the above referenced roadway segment, the City authorizes the execution of the Railroad Crossing Transfer Agreement - Grade Crossing and Traffic Control Devices and recognizes and accepts the terms and conditions found therein. The City authorizes Mayor S. Scott Vandergrift to sign said Railroad Crossing Transfer Agreement. 006.288709. Section S. The City of Ocoee waives all rights to a hearing regarding this proposed transfer and the agreements executed in connection therewith. Section 6. This Resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF OCOEE THIS ( s.! DAY OF !+-PR, L. 2003. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA . c-) J ~ $ d':ZV V~ S. Scott Vandergrift, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. VI A. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS T~Oi AND LEGALITY this ~ day of '(I , 2003. ::L7J:Ji?i&J City Attorney 2 006.288709. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-090-47 RAIL (Draft 1/15/03) 01/03 Page 1 of 3 RAILROAD TRANSFER AGREEMENT GRADE CROSSING AND TRAFFIC CONTROL DEVICES DOT TO MUNICIPAL ROAD NAME OR NUMBER COUNTY NAME PARCEL & RNV NUMBER SR 439 ORANGE 1.(7523-107) THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the DEPARTMENT, and the FLORIDA CENTRAL RAILROAD a corporation organized and existing under the laws of FLORIDA with its principal place of business in the City of PLYMOUTH County of ORANGE , State of FLORIDA hereinafter called the COMPANY; al'ld the City of OCOEE a municipal corporation, hereinafter called the CITY. The actual date of transfer occurred WITNESSETH: WHEREAS, the Parties have by separate agreement provided for the transfer of SR 439 from the DEPARTMENT to the CITY; and WH EREAS, F.S. 335.0415 Florida Statutes, provide for the transfer of public roads and the responsibility for operation and maintenance within the right-of-way of any road within the state, county, and municipal road system; and requires the CITY to sign an agreement with the DEPARTMENT covering the transfer of maintenance responsibility for any portion of a road constructed with federal assistance; and WHEREAS, the parties therefore wish to provide for the orderly transfer of all railroad crossing agreements associated with the jurisdictional transfer of the road, hereinafter referred to as "Existing Agreements." NOW, THEREFORE, in consideration of the mutual undertaking as herein set forth, the parties hereto agree as follows: 1. The DEPARTMENT assigns all of its rights and duties in the Existing Agreements listed in Exhibit "A" to the CITY. The Existing Agreements are modified only to the extent that the CITY is substituted in place of the DEPARTMENT as a party to the Existing Agreements, and is subject to all rights and duties contained therein. Attached to the CITY counterpart is a copy of all agreements listed in Exhibit "A". 2. The CITY accepts the foregoing assignment and assumes all obligations and duties thereunder. 3. The COMPANY agrees to the foregoing assignment and shall look solely to the CITY for the performance under the Existing Agreements. 4. This Agreement shall take effect on the same date of the transfer of maintenance responsibility of the roads listed in Exhibit "A" from the DEPARTMENT to the CITY as provided F.S. 335.0415. 5. That the CITY, by Resolution No. 2003-12 authorized execution of this Crossing Transfer Agreement by the Mayor and City Clerk on its behalf. , has 725-090-47 RAIL (Draft 1/15/03) 01/03 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, and their official seals hereto affixed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: ATTEST: BY: FL06D~QE~L:=e l.-:::s- ,~ . L\i:--\J ,,-L ~ \{)'-e~L--~"" I.O~,~ \ COMPANY: TYPED NAME: TITLE: ATTEST: Secretary/Notary CITY OF OCOEE , FLORIDA BY: See attached signature page TITLE: ATTEST: Approved as to Form, Legality and Execution BY: Attorney - DOT Date CITY OF OCOEE SIGNATURE PAGE APPROVED: ATTEST: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor DATE: I} pRI L /.~Qo3 / (SEAL) FOR USE AND RELIANCE ONL Y BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO f!;r. ~ND LEGALITY ON this --L day of. VI ' 2003. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD A-fJR (L- I ,2003, UNDER AGENDA ITEM NO. Vi 11-" By: ARDNER f0Jjj EXHIBIT "A" CROSSING TRANSFER AGREEMENT 725-090-47 RAIL (Draft 1/15/03) 01/03 Page 3 of 3 I STATE FDOT/MR AGREEMENT COMMON ROAD NAME CROSSING RAILROAD R.R. MILEPOST SUBJECT ROAD NO. NUMBER DATE 439 TAYLOR ST 621882-K FCR F-12.3 7/1/1987 SIG C.O. 439 TAYLOR ST 621882-K FCR F-12.3 7/1/1987 XNG C.O. 439 TAYLOR ST 621882-K FCR F-12.3 1/27/1976 SUPL XNG 439 TAYLOR ST 621882-K FCR F-12.3 5/16/1991 XNG C.O. 439 TAYLOR ST 621882-K FCR F-12.3 3/18/2002 XNG C.O. 439 MCKEY ST 622141-C FCR AVB 832.47 7/1/1987 SIGC.O. 439 MCKEY ST 622141-C FCR AVB 832.47 7/1/1987 XNG C.O. 439 MCKEY ST 622141-C FCR AVB 832.47 6/19/1991 LOA 439 MCKEY ST 622141-C FCR AVB 832.47 2/15/1977 SIG AGR 439 MCKEY ST 622141-C FCR A VB 832.47 5/3/1967 XNG AGR 439 MCKEY ST 622141-C FCR AVB 832.47 3/18/2002 XNG C.O. ROADWAY TRANSFER AGREEMENT SR 439IBLUFORD A VENUEIMCKEY STREET/TAYLOR STREET FROM SR SO/COLONIAL DRIVE TO SR 437/11. M. BOWNESS ROAD FROM STATE HIGHWAY SYSTEM TO CITY ROADWAY SYSTEM THIS AGREEMENT, made and entered in this _ day of , 2003, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "DEPARTMENT" and the City of Ocoee, hereinafter called the "CITY"; WITNESSETH WHEREAS, the CITY, has requested the transfer of SR 439 from SR 50 to SR 437 from the State Highway System to the City Roadway System, and this transfer is mutually agreed upon, between the CITY and the DEPARTMENT; and WHEREAS, Section 335.0415, Florida Statutes, authorizes the parties to enter this Agreement; and NOW, THEREFORE, THIS INDENTURE WITNESSETH: 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 the DEPARTMENT agree as set forth below: 1. This Agreement sets forth the terms and conditions under which the CITY and the DEPARTMENT will abide, commencing on the date of approval by the Department's Secretary. 2. The CITY agrees to accept all responsibility for ownership, operation and maintenance of the road segment. In addition to the roadbed, this maintenance obligation includes all curbs, culverts, drainage structures, public sidewalks, bike paths, other ways and other appurtenant facilities within the right-of-way at the time of transfer. 3. The DEPARTMENT gives up all rights to the road, except as may be specified in this agreement. 4. All obligation of the Department, under any maintenance utility or railroad crossing agreement or other such agreement, relating to the Road Segment shall be transferred with jurisdictional responsibility. 5. The CITY agrees to publish notice giving the opportunity for hearing, regarding the deletion of the "SR 439" designation from this segment of Bluford Avenue/McKey Street/Taylor Street. 6. It is agreed that all obligations of DEPARTMENT, under any maintenance, utility or railroad crossing agreement or other such agreement, relating to any specific road to be transferred, shall be transferred at the same time and in the same manner as jurisdictional responsibility. 7. If there is evidence of historical or archaeological resources that could be adversely affected by the transfer, the CITY agrees to maintain the resources in accordance with the mitigation plan developed by the District Environmental Management Office (DEMO). If no evidence is found, the City agrees not to adversely affect any such resources if found after the transfer. 8. 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. If right-of-way maps do not exist, it is recommended that the CITY make the maps and file them for possible future use. 9. Once the jurisdictional transfer process is completed, ownership will be transferred to the CITY, and the DEPARTMENT will prepare a Joint Participation Agreement (JP A) and program the Downtown Ocoee-McKey Streetscape Project. After the execution of the JPA, the DEPARTMENT will grant the CITY $850,000 (currently available funds) to complete the work. METROPLAN will be obligated to include the Project in their TIP. 10. 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. 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 ofthe other. 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. If any part of this 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. 11. For communications purposes, the parties may be reached at the following addresses and phone numbers: FLORIDA DEPARTMENT OF TRANSPORTATION Tom Moscoso, Special Projects Supervisor District Five 719 S. Woodland Blvd. DeLand, Florida 32720 Telephone: 386/943-5466 FAX: 386/736-5456 CITY OF OCOEE Jim Gleason, City Manager City of Ocoee 150 N. Lakeshore Dr. Ocoee, Florida 34761 Telephone 407/905-3111 Fax: 407/656-6885 12. This agreement shall be effective upon the date of written approval of the Secretary of the Department. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CITY OF OCOEE .! Title or Notary ATTEST: BY: ATTEST: LEGAL APPROV AL LEGAL APPROVAL For use and reliance only by the City of Ocoee, Florida. APprfved as to form a leg lity this day of 2 3. By: