Miami-Dade Legislative Item
File Number: 120136
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File Number: 120136 File Type: Resolution Status: Adopted
Version: 0 Reference: R-209-12 Control: Board of County Commissioners
File Name: ACCEPTANCE OF CANAL RIGHT-OF-WAY DEED Introduced: 1/26/2012
Requester: Permitting, Environment & Regulatory Affairs Cost: Final Action: 3/6/2012
Agenda Date: 3/6/2012 Agenda Item Number: 8I1
Notes: Title: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CANAL RIGHT-OF-WAY DEED IN EXCHANGE FOR THE RELEASE OF UNNEEDED EXCESS CANAL RESERVATION IN SECTION 31, TOWNSHIP 52 SOUTH, RANGE 40 EAST, MIAMI-DADE COUNTY
Indexes: CANAL-RIGHT-OF-WAY
Sponsors: Jose "Pepe" Diaz, 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 3/6/2012 8I1 Adopted P

Infrastructure and Land Use Committee 2/15/2012 3B Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolution into the record. There being no questions or comments, the Committee proceeded to vote.

County Attorney 1/31/2012 Assigned Abbie N. Schwaderer 2/1/2012

County Mayor 1/26/2012 Assigned County Attorney 3/6/2012
REPORT: PERA - Abbie Raurell assisted - Comm. Diaz Sponsor - Attachments: A and B

County Mayor 1/26/2012 Assigned Jack Osterholt 1/26/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CANAL RIGHT-OF-WAY DEED IN EXCHANGE FOR THE RELEASE OF UNNEEDED EXCESS CANAL RESERVATION IN SECTION 31, TOWNSHIP 52 SOUTH, RANGE 40 EAST, MIAMI-DADE COUNTY

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, Tarmac America LLC owns parcels of land in Section 31, Township 52 South, Range 40 East which are encumbered by a canal reservation given to Miami-Dade County in 1959 by the Central and Southern Florida Flood Control District, later known as the South Florida Water Management District, to be used for water management and flood protection in connection with the Miami-Dade County Water Control Master Plan; and
WHEREAS, Tarmac America LLC is planning to build on their land and has requested from Miami-Dade County the release of the eastern 80 feet of the 130 foot wide canal reservation in exchange for a deed to Miami-Dade County for the canalfront 50 foot wide right-of-way; and
WHEREAS, Tarmac America LLC has submitted a valid, fully executed canal right-of-way deed in favor of Miami-Dade County for the transfer of title to real property; and
WHEREAS, in consideration of this offer, Miami-Dade County has determined that the requested 80 foot wide canal reservation is no longer needed by the County for water management and flood protection in connection with the Miami-Dade County Water Control Master Plan; and
WHEREAS, Miami-Dade County does not currently have a canal maintenance easement for the canalfront 50 foot wide right-of-way and would therefore benefit from the transfer of title for such right-of-way in order to have unrestricted access for canal maintenance or other public purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board authorizes the Mayor or the Mayor’s designee to accept a canal right-of-way deed from the landowner conveying canal right-of-way to Miami-Dade County in exchange for the release of unneeded excess canal reservation from Miami-Dade County to the landowner in Section 31, Township 52 South, Range 40 East in Miami-Dade County, Florida, as indicated in the Mayor’s memorandum, a copy of which is attached hereto and incorporated herein by reference; authorizes the Mayor to execute the acceptance of said canal right-of-way deed and to execute the disclaimer for release of the rights of reservation from Miami-Dade County to the landowner, with both instruments of conveyance in substantially the form attached hereto and made a part hereof. Pursuant to Resolution No. R-974-09, the Board directs the Mayor or the Mayor’s designee to record the instruments of conveyance accepted herein in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of the instruments to the Clerk of the Board within thirty (30) days of execution of said instruments; 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: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Acceptance of a Canal Right-of-Way Deed in Exchange for
the Release of Unneeded Excess Canal Reservation in Section 31, Township 52 South, Range 40 East in Miami-Dade County (WC-880)

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the acceptance of a canal right-of-way deed from the landowner in exchange for the release of excess canal reservation which is no longer needed by Miami-Dade County (the County).

Scope
This item is located in Commissioner Diaz’s District 12.

Fiscal Impact/Funding Source
This item has no fiscal impact to the County and does not require expenditure of County funds.

Track Record/Monitor
The Water Control Section Manager within the Department of Permitting, Environment and Regulatory Affairs (PERA) will be responsible for tasks related to this transaction.

MANAGER'S BACKGROUND
Background
In 1959, the Central and Southern Florida Flood Control District, later known as the South Florida Water Management District, gave a canal reservation to the County on a 130 foot wide, 1,815 foot long strip of land in northwestern Miami-Dade, located along the eastern side of the Snapper Creek Canal just east of the Florida Turnpike and south of NW 122 Street. The canal reservation was to be used for water management and flood protection in connection with the Miami-Dade County Water Control Master Plan. A location sketch is included in Attachment B.

Tarmac America LLC owns the parcels of land which are encumbered by the above-mentioned canal reservation. Tarmac America LLC is planning to construct an industrial warehouse subdivision on their land and has requested from the County the release of the eastern 80 feet of the 130 foot wide canal reservation in exchange for a fully executed deed to the County for the canalfront 50 foot wide right-of-way (Attachment A). In consideration of this offer, the County has determined that the eastern 80 foot wide canal reservation is no longer needed, that a similar 80 foot wide canal reservation was previously released by the County to the south of this area, and that the County does not currently have a canal maintenance easement for the canalfront 50 foot wide right-of-way. Following release of the eastern 80 foot wide canal reservation by the County, Tarmac America LLC would need to pursue further release of the canal reservation from the South Florida Water Management District and/or other agencies as appropriate.

Therefore, the attached resolution authorizes the release of the eastern 80 foot wide canal reservation by County disclaimer (Attachment B) to the landowner and accepts the canalfront 50 foot wide right-of-way by deed from the landowner. The resolution is recommended for approval.



_______________________________
Deputy Mayor



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