Miami-Dade Legislative Item
File Number: 112250
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File Number: 112250 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1054-11 Control: Board of County Commissioners
File Name: SOUTH DADE WETLANDS RE: EEL FOR MENDEZ AND GONZALEZ Introduced: 10/24/2011
Requester: Permitting, Environment & Regulatory Affairs Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 8I3
Notes: TLL- 10/24/2011 Title: RESOLUTION ACCEPTING ''ASSIGNMENT OF OPTION TO PURCHASE'' APPROXIMATELY 9.73 ACRES OF SOUTH DADE WETLANDS PROJECT WITHIN THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM ACQUISITION SITE WITH THE NATURE CONSERVANCY AS ASSIGNOR, MIAMI-DADE COUNTY AS ASSIGNEE, AND ARMANDO AND MARIA MENDEZ AND JUAN D. AND SILVIA GONZALEZ AS SELLERS FOR A PURCHASE PRICE OF $30,000; AND AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL RIGHTS CONTAINED THEREIN
Indexes: ENVIRONMENTALLY ENDANGERED LANDS PROGRAM
Sponsors: Dennis C. Moss, 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 8I3 Adopted P

Infrastructure and Land Use Committee 11/9/2011 3D 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 Robert A. Duvall 10/28/2011

County Mayor 10/24/2011 Assigned County Attorney 12/6/2011
REPORT: PERA (ATTACHMENT(S): A: MAP OF SUBJECT PARCEL; B: OPTION AGREEMENT) (ASST. COUNTY ATTY: ROBERT DUVALL) (BCC SPONSOR: ROBERT DUVALL)

County Mayor 10/24/2011 Assigned Jack Osterholt 10/21/2011 10/21/2011

Legislative Text


TITLE
RESOLUTION ACCEPTING ''ASSIGNMENT OF OPTION TO PURCHASE'' APPROXIMATELY 9.73 ACRES OF SOUTH DADE WETLANDS PROJECT WITHIN THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM ACQUISITION SITE WITH THE NATURE CONSERVANCY AS ASSIGNOR, MIAMI-DADE COUNTY AS ASSIGNEE, AND ARMANDO AND MARIA MENDEZ AND JUAN D. AND SILVIA GONZALEZ AS SELLERS FOR A PURCHASE PRICE OF $30,000; AND AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL RIGHTS CONTAINED THEREIN

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

WHEREAS, this Board desires to accomplish the purposes of Section 24-50 of the Code of Miami-Dade County,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby accepts the “Assignment of Option to Purchase” from the Nature Conservancy, as assignor, Miami-Dade County as assignee Armando and Maria Mendez and Juan D. and Silvia Gonzalez as Sellers for a purchase price of $30,000, for purchase of property more specifically described in Attachment B, in substantially the form attached hereto and made part hereof; authorizes the Mayor or Mayor’s designee to execute same for and on behalf of Miami-Dade County; authorizes the Mayor or Mayor’s designee to exercise the provisions contained therein; and pursuant to Resolution No. R-974-09, to (a) record the instrument of conveyance accepted herein in the Public Records of Miami-Dade County, Florida; and provide a recorded copy of the instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; and (b) direct the Clerk of the Board to attach and permanently store a recorded copy of said instrument together with this resolution.

Date:

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

From: Carlos A. Gimenez
Mayor

Subject: Resolution Accepting “Assignment of Option to Purchase” Approximately 9.73 Acres of South Dade Wetlands Project within the Environmentally Endangered Lands Program Acquisition Site with The Nature Conservancy as Assignor, Miami-Dade County as Assignee and Armando and Maria Mendez and Juan D. and Silvia Gonzalez as Sellers for a Purchase Price of $30,000

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners approve the attached resolution accepting the “Assignment of Option to Purchase” as negotiated by The Nature Conservancy for the Environmentally Endangered Lands (EEL) Program.

Scope
The EEL Program is countywide in nature. This acquisition is located in Commissioner Moss’ District 9.
Fiscal Impact/Funding Source
The EEL Trust Fund will be used for the purchase. The purchase price is $30,000 and the appraised value is $48,650. As of August 31, 2011, the balance of the EEL Trust Fund GF080 (Subfund 081, Project Numbers 081005, 081006, 081007 and 081008) is $54,366,271 of which $25,471,930 is reserved for acquisition and $28,894,341 is reserved for land management.

Track Record/Monitor
The EEL Program Manager in the Department of Permitting, Environment and Regulatory Affairs (PERA) will monitor this contract.

MANAGER'S BACKGROUND
Background
The historic loss, fragmentation and degradation of native wetland and forest communities in Miami-Dade County are well recognized. In May of 1990, with the knowledge that remaining wetland and forest communities were endangered, the electorate of Miami-Dade County authorized the County to levy an ad valorem tax for two years to create the EEL Program and Trust Fund. The purpose of the EEL program is to acquire, preserve, enhance, restore, conserve and maintain environmentally-endangered lands for the benefit of present and future generations.

The County Commission placed the South Dade Wetlands on the EEL Priority A Acquisition List in 1993. To date, the County, in partnership with the South Florida Water Management District, the State of Florida, and other funding partners, has acquired approximately 21,181 acres of land throughout Miami-Dade County since inception of the EEL Program.

The parcel proposed for acquisition is located within the South Dade Wetlands EEL Project, an important wetland system in the southern part of the County. Land in this area is targeted for acquisition because of its strategic location between two national parks (Everglades National Park and Biscayne National Park) within the watersheds of Florida Bay, Biscayne Bay, Card Sound and Barnes Sound. Preserving and maintaining these wetlands is important for protecting against salt water intrusion of the Biscayne Aquifer and because of the importance of the region to endangered and threatened species. This acquisition will add to adjacent conservation land and will facilitate the management of other County-owned land in the area.

The attached Assignment of Option to Purchase is for the following parcel:

SELLER: Armando and Maria Mendez and Juan D. and Silvia Gonzalez

SIZE: Approximately 9.73 acres

FOLIO: 30-8913-000-0080

LOCATION: South of theoretical SW 408 Street, west of theoretical SW 127 Avenue with unpaved road access in the South Dade Wetlands Project, outside of the UDB (See Attachment A)

PURCHASE PRICE: $30,000

APPRAISAL DATA: $48,650 (appraised April 25, 2011)

SALES HISTORY: March 1999 – Warranty Deed from Earl M. Kipka to Earl M. Kipka TR. No amount specified.

March 2004 – Trustees Deed from Earl M. Kipka TR to Armando and Maria Mendez and Juan D. and Silvia Gonzalez. Purchase amount of $20,000 calculated from Documentary Stamp tax.

The above listed owners are not a partnership or corporation.





______________________________
Deputy Mayor



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