Miami-Dade Legislative Item
File Number: 112254
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File Number: 112254 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1036-11 Control: Board of County Commissioners
File Name: ROAD CLOSING PETITION P-892 Introduced: 10/24/2011
Requester: Public Works & Waste Management Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 5D
Notes: PH AT BCC Title: RESOLUTION GRANTING PETITION TO CLOSE SW 353 STREET, FROM THE WEST RIGHT-OF-WAY LINE OF SW 187 AVENUE WEST FOR APPROXIMATELY 558 FEET (ROAD CLOSING PETITION NO. P-892)
Indexes: ROAD CLOSING PETITION
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 5D 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 3G 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 10/24/2011 Assigned County Attorney 12/6/2011
REPORT: PWWM - Alexander Bokor assisted - Comm. Moss Sponsor - pending cmte - Attachments: Location Map, Petition

County Mayor 10/24/2011 Assigned Alina Tejeda-Hudak 10/24/2011

Legislative Text


TITLE
RESOLUTION GRANTING PETITION TO CLOSE SW 353 STREET, FROM THE WEST RIGHT-OF-WAY LINE OF SW 187 AVENUE WEST FOR APPROXIMATELY 558 FEET (ROAD CLOSING PETITION NO. P-892)

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-892
Section: 26-57-38
SW 353 Street, from SW 187 Avenue West for Approximately 558 Feet
Commission District: 9

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 (PWWM), 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 9.

Fiscal Impact/Funding Source
The Property Appraiser’s Office has assessed the adjacent properties to this right-of-way at an average $1.78 per square foot. Therefore, the estimated value of this right-of-way would be approximately $49,550.00. All the properties abutting the right-of-way to be abandoned are owned by Miami Community Charter School, Inc. (Charter School), and as such are tax exempt as per Florida Statutes 196.198 and 196.1983. Therefore, if this right-of-way is closed and vacated and the land is placed on the tax roll and solely used by the Charter School, they would be required to apply for the exemption on the additional portion of the land. The fee for this road closing is $5,755.00.

Track Record/Monitor
PWWM is the entity overseeing this item and the person responsible is Raul A. Pino, PLS, Land Development/Right-of-Way Chief.

MANAGER'S BACKGROUND
Background
The petitioner, Miami Community Charter School, Inc., owner of the properties on both sides of the street, wishes to close the right-of-way for SW 353 Street, from the west right-of-way line of SW 187 Avenue West for approximately 558 feet, in order to unite the property. The right-of-way being closed has never been improved nor maintained by Miami-Dade County. Therefore, this action will not adversely impact traffic flow or continuity of traffic in the area.

The subject right-of-way was dedicated in 1925, by the plat of FLA. CITY HIGHLANDS, recorded in Plat Book 20, Page 36, of the Public Records of Miami-Dade County, Florida. The subject right-of-way is zoned EU-M (Estates Modified District).


__________________________
County Manager/Deputy Mayor




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