Miami-Dade Legislative Item
File Number: 112176
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File Number: 112176 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1035-11 Control: Board of County Commissioners
File Name: ROAD CLOSING PETITION P-885 Introduced: 10/19/2011
Requester: Public Works & Waste Management Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 5C
Notes: PH AT BCC Title: RESOLUTION GRANTING PETITION TO CLOSE THE EASTERLY 130 FEET OF THE WESTERLY 454 FEET OF THE ALLEY EAST OF BISCAYNE BOULEVARD, BETWEEN NE 31 STREET AND NE 32 STREET (ROAD CLOSING PETITION NO. P-885)
Indexes: ROAD CLOSING PETITION
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 12/6/2011 5C Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairman Martinez opened the public hearing for persons wishing to be heard in connection with the foregoing resolution. He closed the public hearing after no one appeared wishing to speak. Hearing no comments or questions, the Board proceeded to vote on this resolution as presented.

Infrastructure and Land Use Committee 11/9/2011 3E Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the title of the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee voted on the foregoing proposed resolution as presented.

County Attorney 10/27/2011 Assigned Alex S. Bokor 10/28/2011

County Mayor 10/19/2011 Assigned County Attorney 12/6/2011
REPORT: PW & WM - Alexander Bokor assisted - Comm. Edmonson Sponsor - pending cmte - Attachments: Location Map, Petition

County Mayor 10/19/2011 Assigned Alina Tejeda-Hudak 10/19/2011

Legislative Text


TITLE
RESOLUTION GRANTING PETITION TO CLOSE THE EASTERLY 130 FEET OF THE WESTERLY 454 FEET OF THE ALLEY EAST OF BISCAYNE BOULEVARD, BETWEEN NE 31 STREET AND NE 32 STREET (ROAD CLOSING PETITION NO. P-885)

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, (1) that the street, road, highway or other place used for travel as described in the attached petition 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; (2) it is found that the action will serve a public purpose and benefit the public without violating private property rights; (3) that the procedure utilized in the adoption of this resolution is expressly ratified and approved; and (4) 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.

HEADER
Date:

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

From: Carlos A. Gimenez
Mayor

Subject: Road Closing Petition P-885
Section: 30-53-42
The Easterly 130 Feet of the Westerly 454 Feet of the Alley East of Biscayne Boulevard,
Between NE 31 Street and NE 32 Street
Commission District: 3

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners grant the attached Road Closing Petition following a public hearing. The Miami-Dade County Departments of Permitting, Environment and Regulatory Affairs, Public Works and Waste Management (PWWMD), Water and Sewer and Fire Rescue have no objection to this right-of-way being closed.

Scope
This road closing is located within Commission District 3.

Fiscal Impact/Funding Source
The Property Appraiser’s Office has assessed the adjacent property to this right-of-way at $32.00 per square foot. Therefore, the estimated value of this right-of-way would be approximately $35,520.00. If this right-of-way is closed and vacated, the land will be placed on the tax roll, generating an estimated $727.00 per year in additional property taxes. The fee for this road closing is $4,352.00.

Track Record/Monitor
PWWMD is the entity overseeing this project and the person responsible for monitoring is Mr. Luis Lacau, PLS, Section Head, PWWMD Land Development/Right-of-Way Division.

MANAGER'S BACKGROUND
Background
The Petitioner, Gruppo Galileo Corp., wishes to close that portion of the alley from the southerly projection of the east line of Lot 6, Block 3, of ELWOOD COURT, as recorded in Plat Book 9, Page 181, to the northerly projection of the east line of Lot 2, Block 1, of BROADMOOR, as recorded in Plat Book 2, Page 37, both of the Public Records of Miami-Dade County, Florida, in order to incorporate the land into its property. The subject right-of-way has never been improved nor maintained by Miami-Dade County.

In 1945, Miami-Dade County acquired title to the alley by final decree of the Circuit Court. On December 10, 1946, at the request of the City of Miami, the Miami-Dade County Commission set aside and dedicated the subject property for Public Street or alley by Resolution No. 2347. On March 26, 1992, the City of Miami Commission disclaimed and renounced any interest in the alley by Resolution No. 92-204. The area surrounding the subject right-of-way is zoned by the City of Miami as R-4, Multifamily High Density Residential District (150 DUs/Ac.).



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