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RESOLUTION APPROVING A MAINTENANCE MAP FOR A PORTION OF SW 57 AVENUE (RED ROAD) BETWEEN SW 72 STREET AND SW 80 STREET IN SECTION 36 TOWNSHIP 54 SOUTH RANGE 40 EAST, AUTHORIZING THE CHAIRMAN AND THE CLERK OF THE BOARD TO CERTIFY THE MAINTENANCE MAP AND AUTHORIZING THE RECORDING THEREOF AMONG THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA

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WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the Director of Public Works Department has recommended that an Official Maintenance Map, stating that such road has vested in the County, be filed for record to indicate prima facie evidence of ownership, pursuant to the provisions of Chapter 95.361 of the Florida Statutes and the County Manager has concurred in such recommendation,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby:

Section 1. This Board ratifies and adopts these matters set forth in the foregoing recitals.

Section 2. The Board approves the Maintenance Map for a portion of SW 57 Avenue
(Red Road) between SW 72 Street and SW 80 Street in Section 36, Township 54 South, Range 40 East, attached as Exhibit �A�, and authorizes the Chairman and the Clerk of the Board to certify same pursuant to Chapter 95.361 of the Florida Statutes,

Section 3. Pursuant to Resolution R-974-09, this Board (a) directs the County Mayor or Mayor�s designee to record any instruments executed in connection herewith which create or reserve a property interest in favor of the County, in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of instruments to the Clerk of the Board within thirty (30) days of execution of said instruments; and (b) directs the Clerk of the Board to attach and permanently store a recorded copy of said instruments together with this resolution.

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Date: To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners From: Alina T. Hudak
County Manager

Subject: Resolution Approving a Maintenance Map for a Portion
of SW 57 Avenue (Red Road) Between SW 72 Street and
SW 80 Street in Section 36, Township 54 South, Range
40 East, Authorizing the Chairman and the Clerk of
the Board to Certify the Maintenance Map, and Authorizing
the Recording Thereof Among the Public Records of Miami-Dade
County, Florida

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution approving a Maintenance Map for a portion of SW 57 Avenue between SW 72 Street and SW 80 Street, authorizing the Chairman and the Clerk of the BCC to certify same, and authorizing the recordation thereof in the Public Records of Miami-Dade County, Florida.

Scope
The subject road is a County maintained road located in the city of South Miami within County Commission District 7.

Fiscal Impact/Funding Source
There will be no increase in maintenance cost to the County as a result of this action because the County has already been maintaining the property for more than four years. The current maintenance cost for this road is approximately $565.00 annually and is funded from the Department�s General Fund allocation through Index Code PW 338475.

Track Record/Monitor
Not applicable.

MANAGER'S BACKGROUND
Background
SW 57 Avenue between SW 72 Street and SW 80 Street has been constructed and maintained continuously by Miami-Dade County Public Works Department (PWD) for a period over four (4) years. Therefore, in accordance with Chapter 95.361, Florida Statutes, title to a road maintained by the County for over four (4) years vests in the County. Pursuant to such statute, the filing of a maintenance map in the office of the clerk of the court, which has been certified by the Chair and the Clerk of the BCC is deemed prima facie evidence of that ownership by the County.

The subject Maintenance Map has been executed by the Chief of the Road, Bridge and Canal Maintenance Division of the Miami-Dade County PWD, thereby certifying that the County has maintained this road for over four (4) years (see Exhibit �B�). It is therefore recommended that the attached Maintenance Map be approved by the BCC, after which it will be certified by the Chair and the Clerk of the BCC and recorded in the Public Records of Miami-Dade County, Florida in accordance with Chapter 95.361 of the Florida Statutes.

Both the original and the reproducible of the Maintenance Map are to be executed by the Chair and Clerk of the BCC and returned to the PWD for recording in the Public Records of Miami-Dade County, Florida.

_______________________________
Assistant County Manager

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