TITLE
RESOLUTION APPROVING A RIGHT-OF-WAY TRANSFER MAP FOR A PORTION OF STATE ROAD 826 (PALMETTO EXPRESSWAY) KNOWN AS THE NW 138 STREET/ NW 154 STREET INTERCHANGE IN SECTIONS 14, 15, 22, 23, 26 AND 27, TOWNSHIP 52 SOUTH RANGE 40 EAST, AUTHORIZING THE MAYOR OR MAYOR�S DESIGNEE AND THE CLERK OF THE BOARD TO CERTIFY THE RIGHT-OF-WAY TRANSFER MAP AND AUTHORIZING THE RECORDING THEREOF AMONG THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA

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

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

Section 1. Approves the Road Right-of-Way Transfer Map for a portion of State Road 826 (Palmetto Expressway), known lands acquired for construction of the NW 138 Street / NW 154 Street interchange being legally depicted in Exhibit �A� of this resolution.

Section 2. Authorizes the transfer of said public road, retains canal rights-of-way and flow rights easements as described in Exhibits �B� , �C�, �D�, and �E� herein.

Section 3. Authorizes the Mayor or Mayor�s Designee and Deputy Clerk of this Board to sign said Road Right-of-Way Transfer Map and affix thereto the Seal of this Board, for and on behalf of Miami-Dade County; to cause said instrument to be recorded in the Public Records of Miami-Dade County.

Section 4. Authorizes the Director of the Miami-Dade County Public Works Department to cause said instrument to be delivered to the Florida Department of Transportation.

HEADER
Date:

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

From: Carlos A. Gimenez
Mayor

Subject: Resolution Approving a Right-of-Way Transfer Map for a Portion of State Road 826 (Palmetto Expressway), Sections 14, 15, 22, 23, 26 and 27, Township 52 South, Range 40 East

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) adopt the attached resolution approving a Right-of-Way Transfer Map for the NW 138 Street/NW 154 Street interchanges of State Road 826 (Palmetto Expressway). The attached resolution authorizes the County Mayor or the County Mayor�s designee and the Clerk of the Board to certify same, and authorizes the recordation among the Public Records of Miami-Dade County, Florida.

Scope
This section of the road is located within County Commission Districts 12 and 13.

Fiscal Impact/Funding Source
Approval of this resolution will not create a fiscal impact to the County. The interchanges were acquired by the County with Florida Department of Transportation (FDOT) funds and have since been maintained by the State. As such, FDOT is responsible for the maintenance costs of this road.

Track Record/Monitor
The Public Works Department (PWD) is the entity overseeing this project and the person responsible for monitoring is Mr. Wayne Sutton, PLS, Section Head, PWD Right-of-Way Division

MANAGER'S BACKGROUND
Background
On September 2, 1970, FDOT requested and authorized the County to acquire the right-of-way in fee simple for highway purposes. On January 19, 1971, the Board adopted R-101-71 (attached) which authorized the acquisition of right-of-way by the County and authorized and directed the County to execute and deliver to FDOT the attached Right-of-Way Contract.

Subsequent to the acquisition of the subject right-of-way, the interchange improvements were constructed and FDOT assumed control and maintenance of the right-of-way. However, no formal transfer of the right-of-way to FDOT occurred. A May 9, 2006 letter from the FDOT Office of Right-of-Way Administration � District Six, addressed to the PWD Director requested the formal transfer. This initialized lengthy negotiations between PWD, FDOT, and the County�s Department of Environmental Resources Management to clarify what rights-of-way should be transferred since the County is responsible for certain canal rights-of-way and easements within the interchanges. After the specifics of the transfer were agreed upon, a letter dated May 5, 2011 from Maria A Llanes, FDOT Property Management Agent, renewed the transfer request.

In accordance with Chapter 337.29, Florida Statutes, upon the vesting of title of land for highway purposes in the State, the County shall immediately forward a recorded Road Right-of-Way Transfer Map to FDOT covering such lands and that such road shall be transferred from County ownership to FDOT by mutual agreement, pursuant to the provisions of Chapter 335.0415, Florida Statutes.

It is therefore recommended that the attached Road Right-of-Way Transfer Map be approved by the BCC, recorded in the Public Records of Miami-Dade County, Florida, after which it will be deemed transferred to FDOT.

Both the original and the reproducible of the Right-of-Way Transfer Map are to be executed by the County Mayor or the County Mayor�s designee and Clerk of the Board, and recorded in the Public Records of Miami-Dade County, Florida.



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County Manager/Deputy Mayor