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TO: THROUGH• James E. Chandler, County Administrator James W. Davis, P E , Public Works Director AND Chnstopher J. Kafer, Jr., P.E., County Enginee FROM: Ronald L. Callahan, Right -of -Way Agent /\ SUBJECT: Request from the Florida Department of Transportation for the County to Transfer Indian River County Right -of -Way to the FDOT DATE: June 14, 2002 DESCRIPTION AND CONDITIONS On May 31, 1985, Johnson Oil Company, Inc. gave to the County by warranty deed a parcel of land to be used for road right-of-way for both US Highway One and 17th Street. The subject property is currently owned by National Oil and Gas Distributors, Inc (Amoco National Food Mart) located on the SE corner of US Hwy 1 and 17th Street. Both US Highway One and 17th Street are under the jurisdiction of the State of Florida (FDOT). There are two pedestal signs situated within the right-of-way, one on 17th Street and the other on US Hwy 1. In May of this year, National Oil and Gas through its attorney, Joe Collins, approached the County with a request to have a license agreement prepared whereby the Courty would permit the signs to remain within the right-of-way for a small annual fee. Mr. Collins revealed that his client was having difficulty with the FDOT, which wanted $9,000.00 per year to allow the signs to stay in the right-of-way, and since it is County right-of-way, he was hoping to work with the County to resolve the sign issue. On or about June 7, 2002, the County (Engineering) received a formal request from the FDOT by letter, dated June 4, 2002, to transfer the right-of-way to the FDOT so that they can complete the road improvements scheduled for that intersection These are improvements that the County has requested. The FDOT reported that negotiations with National Oil and Gas have been going on for many months prior to National Oil and Gas' contact with the County. FDOT also reported that they recently issued an ultimatum to the property owner to remove the signs by a certain date. Al TERNATIVES 1. Deed the right-of-way to the FDOT as requested so that scheduled road improvements can take place. 2. Do not deed the right-of-way to the FDOT and have staff prepare a license agreement between the County and National Oil and Gas Distributors, Inc , which would permit the signs to remain within the right-of-way. RECOMMENDATION Staff recommends Alternative No. 1 that the Board of County Commissioners approve the transfer of the right-of-way to the FDOT and authorize the Chairman to execute the deed. ATTACHMENTS 1. Resolution 2. County Deed and Exhibit "A" 3. FDOT letter dated 6/4/02 4. Previous Warranty Deed to the County JULY 2, 2002 0 i't -88- 0l