TITLE
RESOLUTION GRANTING PETITION TO CLOSE NW 37 AVENUE, FROM NW NORTH RIVER DRIVE TO 170 FEET SOUTH OF THE CENTERLINE OF NW 36 STREET (ROAD CLOSING PETITION NO. P-874)

BODY
WHEREAS, the County Commission held a public hearing to consider a petition to close NW 37 Avenue, from NW North River Drive to 170 feet South of the centerline of NW 36 Street (the �Road�), as outlined in the accompanying petition and memorandum, a copy of which is incorporated herein by reference; and
WHEREAS, Miami-Dade County (the �County�) entered into an eminent domain settlement agreement (�Settlement Agreement�) with Florida Gaming Centers, Inc., (�FGC�), d/b/a Miami Jai-Alai, which was approved on December 16, 2008 by Resolution R-1440-08, which Settlement Agreement contained provisions regarding a number of future contingencies; and
WHEREAS, the Settlement Agreement entitled FGC to acquire by exchange an additional 8.7 acre parcel of County-owned property currently controlled by Miami-Dade Aviation Department (�Aviation Parcel�), which acquisition is currently scheduled to close in June of 2011; and
WHEREAS, the Settlement Agreement additionally requires the Board to consider closing the Road; and
WHEREAS, if the Road is closed, the Public Works Director deems necessary the expansion of NW 36th Avenue between NW North River Drive and NW 36th Street (�NW 36th Avenue�), as provided in the Settlement Agreement; and
WHEREAS, pursuant to the Settlement Agreement, the expansion of NW 36th Avenue, will be completed in two phases and paid for by FGC; and,
WHEREAS, closing the Road is conditioned upon several additional conditions precedent being met by FGC,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA,that:
Section (1) This Board ratifies and adopts these matters set forth in the foregoing recitals.
Section (2) The Road is hereby vacated, abandoned and closed, all rights of Miami-Dade County and the public in and to the same are hereby renounced and disclaimed, subject to the completion of all of the conditions listed in Section 3 below. If any of the conditions precedent listed in Section 3 is not met, as determined in the sole discretion of the Public Works Director, then this resolution shall be null and void.
Section (3) Prior to the effectiveness of Section 2 above, the following conditions must occur: (a) FGC, its successors or assigns, must provide a permanent easement over, across, and under the Road for utility and drainage easements, including but not limited to access for maintenance and improvement of the same, (b) FGC, its successors or assigns, must provide a permanent easement over and across the Road for ingress and egress of emergency vehicles; (c) FGC, its successors or assigns, must complete the acquisition of the Aviation Parcel; (d) FGC must be in compliance with all of the terms of the Settlement Agreement, including but not limited to its payment obligations on all payments to satisfy any County or third-party financing on the Aviation Parcel in accordance with the agreed upon mortgage and promissory note terms; (e) FGC must pay for the Phase I improvements to NW 36 Avenue, in accordance with any requirements imposed by the Public Works Director; (f) the County must complete the Phase I improvements to NW 36 Avenue; and, (g) FGC must dedicate the eastern 20 feet of the Aviation Parcel for road purposes to the County following its acquisition of that parcel.
Section (4) If all of the conditions described in Section 3 above are completed, it is found that closing of the Road will serve a public purpose and benefit the public without violating private property rights, and the procedure utilized in the adoption of this resolution is expressly ratified and approved.
Section (5) The Clerk is hereby directed to publish notice of the adoption of this resolution one time within thirty (30) days hereafter in a newspaper of general circulation of Miami-Dade County.
Section (6) The Office of the Property Appraiser is hereby directed to place the area encompassed by the Road on the tax rolls under the ownership of FGC upon notification by the Public Works Director that the conditions precedent stated in Section 3 above have been met.
Section (7) Pursuant to Resolution No. R-974-09, this Board directs the County Mayor or County Mayor�s designee to record any instruments of conveyance for the easements accepted herein in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of the instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy together with this resolution.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Road Closing Petition P-874
Section: 28 & 29-53-41
NW 37 Avenue, from NW North River Drive to 170 Feet South of the Centerline of NW 36 Street
Commission District: 2

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) set a public hearing to close the subject right-of-way (NW 37 Avenue from NW North River Drive to 170 feet south of the centerline of NW 36 Street). The Miami-Dade County Public Works Department (PWD) further recommends closing the subject right-of-way because it will not negatively impact traffic flow in the area. This portion of NW 37 Avenue dead ends at NW North River Drive and existing traffic will be shifted to NW 36 Avenue.

This recommendation for closure is contingent upon Florida Gaming Centers, Inc. (FGC) d/b/a Miami Jai-Alai maintaining emergency vehicle access along the portion of NW 37 Avenue to be closed.

SCOPE
This road closing is located within the boundaries of Commission District 2.

FISCAL IMPACT/FUNDING SOURCE
The Property Appraiser�s Office has assessed the adjacent property to this right-of-way at $13.85 per square foot. Therefore, the estimated value of the right-of-way being closed is approximately $988,613. If this right-of-way is closed and vacated, the land will be placed on the tax roll, generating an estimated $20,224 per year in additional property taxes. Since the subject road closing is initiated by the PWD, there is no associated processing fee for this road closing.

DELEGATED AUTHORITY
In accordance with Section 2-8.3 of the Miami-Dade County Code related to identifying delegation of Board authority, there are no authorities beyond that specified in the Resolution.

TRACK MONITOR
Not Applicable.

MANAGER'S BACKGROUND
BACKGROUND
This request to close NW 37 Avenue from NW North River Drive to 170 feet south of the centerline of NW 36 Street is presented pursuant to the Eminent Domain Settlement Agreement between Miami-Dade County and FGC (Settlement Agreement) as approved by the BCC on December 16, 2008 through Resolution R-1440-08 (see attached) and Section 136.09(1), Florida Statutes.

The Settlement Agreement is the result of extensive negotiations between the County and FGC, as it was necessary for the County to acquire a portion of FGC�s property for the MIC/Earlington Heights Metrorail Connection. FGC was unwilling to sell their property and in an effort to avoid condemnation agreed instead to exchange their property for a parcel of land known as the Aviation Parcel pursuant to the Settlement Agreement. FGC also agreed to pay any difference in market value between the two parcels. In addition to the property exchange, the terms of the Settlement Agreement include that the County would petition the BCC for the closure of NW 37 Avenue and if the road closure is approved, FGC will dedicate the eastern 20 feet of the Aviation Parcel after the exchange for improvements along NW 36 Avenue. The market value of the Aviation parcel further increases, after the road closure, by an additional $2,870,062. Should the BCC deny the road closure, the County will convey to FGC a perpetual air rights easement over, above and along the length and width of NW 37 Avenue adjacent to the Miami Jai-Alai and FGC will not need to dedicate the eastern 20 feet of the Aviation Parcel.

Prior to the submission of the road closing petition to PWD, the applicant is required by the zoning code to apply for a public hearing in order to change the required zoned right-of-way from 80 feet to zero feet. The hearing was held by the Planning and Zoning Department, and no opposition was voiced by the public. As part of the road closing review process, this application was circulated among various departments, including Miami-Dade Fire Rescue and Miami-Dade Police Department and none expressed any concerns with this road closing, since service to Jai-Alai is provided by the City of Miami (City). PWD also forwarded this information to the City and the City�s Police and Fire Departments initially voiced concerns. However, the City�s concerns were abated after they were informed provisions had been made to ensure the level of service on the abutting road system would not be compromised and emergency vehicle access would be maintained.

Should the BCC approve the closing of NW 37 Avenue, traffic would be re-routed to NW 36 Avenue and FGC will provide up to $5.7 million of funding toward the construction improvements. The initial improvements would consist of traffic signalization, street lighting and some possible minor road widening to safely accommodate the traffic from NW 37 Avenue. Since this work needs to be completed prior to the closure of NW 37 Avenue, FGC will pay the County the initial sum of $570,000 upon approval of the road closure, followed by payment for the remaining costs associated with the improvements at the time PWD awards the construction contract.

Final configuration to three lanes, installation of sidewalks, curb and gutters and any other necessary enhancements will be completed according to the Settlement Agreement. FGC will also incur the costs of acquiring any additional right-of-way beyond their own dedication of the eastern 20 feet of the Aviation Parcel if required to accomplish the work. According to said Agreement, FGC would pay up to $5.7 million associated with the cost of improvements and obtaining a letter of credit.


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Assistant County Manager