Miami-Dade Legislative Item
File Number: 120634
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File Number: 120634 File Type: Resolution Status: Adopted
Version: 0 Reference: R-377-12 Control: Board of County Commissioners
File Name: TRANSFER OF A PORTION OF COUNTY OWNED RIGHT-OF-WAY Introduced: 3/28/2012
Requester: Public Works & Waste Management Cost: Final Action: 5/1/2012
Agenda Date: 5/1/2012 Agenda Item Number: 8M5
Notes: Title: RESOLUTION AUTHORIZING THE TRANSFER OF A PORTION OF COUNTY OWNED RIGHT-OF-WAY TO THE MIAMI-DADE EXPRESSWAY AUTHORITY IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38, FOR NO MONETARY CONSIDERATION, FOR IMPROVEMENTS ALONG STATE ROAD NO. 836 ALSO KNOWN AS PARCEL NO. 101, NOT NEEDED FOR COUNTY PURPOSES; AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED GRANTING SAID PARCEL, IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST
Indexes: TRANSFER OF COUNTY-OWNED-RIGHTS-OF-WAY
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 5/1/2012 8M5 Adopted P

Infrastructure and Land Use Committee 4/11/2012 3E Forwarded with a favorable recommendation P
REPORT: See Agenda Item 3D (Legislative File No. 120639) for the report.

County Attorney 3/28/2012 Assigned Debra Herman

County Mayor 3/28/2012 Assigned County Attorney 5/1/2012
REPORT: PWWM - Debra Herman assisted - Comm. Edmonson Sponsor - Attachments: Deed, Exhibit A

County Mayor 3/28/2012 Assigned Alina Tejeda-Hudak 3/28/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE TRANSFER OF A PORTION OF COUNTY OWNED RIGHT-OF-WAY TO THE MIAMI-DADE EXPRESSWAY AUTHORITY IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38, FOR NO MONETARY CONSIDERATION, FOR IMPROVEMENTS ALONG STATE ROAD NO. 836 ALSO KNOWN AS PARCEL NO. 101, NOT NEEDED FOR COUNTY PURPOSES; AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED GRANTING SAID PARCEL, IN SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41 EAST

BODY
WHEREAS, the Board desires to accomplish the purposes outlined in the accompanying memorandum for the parcel described in the accompanying Deed, a copy of which is incorporated herein by reference as attached; and

WHEREAS, the Miami-Dade Expressway Authority (MDX) proposes to improve State Road No. 836 Roadway project No. 83630.010 in Miami-Dade County; and

WHEREAS, in connection with said project, MDX is adding a right turn lane to the west bound exit ramp in this location; and

WHEREAS, MDX determined that in order to improve pedestrian and vehicular traffic flow and safety it is necessary to build a right turn lane and relocate the existing sidewalk; and

WHEREAS, in order to build said improvements it is necessary that certain County owned lands be acquired as right-of-way by MDX; and

WHEREAS, MDX has requested the conveyance of said right-of-way more particularly described in Exhibits “A” and “B” and located at NW 14 Street about 165 feet East of NW 10 Avenue in Miami-Dade County, which legal description encompasses a 32.69 square foot irregularly shaped parcel; and

WHEREAS, the Board finds that pursuant to Section 125.38 of the Florida Statutes, that said property is required for such use, is not needed for County purposes, and would promote community interest and welfare,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that 1) the foregoing recitals are incorporated as if fully set forth herein , 2) approves the conveyance of the right of way for no monetary consideration pursuant to Section 125.38, Florida Statutes subject to the restriction that said parcel be used by MDX for transportation related improvements to State Road No. 836, 3) authorizes the Chairman of the Board of County Commissioners to take all actions necessary to accomplish the execution of a County Deed conveying said right-of-way in substantially the form attached hereto to MDX, and 4) pursuant to Resolution No. R-974-09, (a) directs the County Mayor or County Mayor’s designee to record the instrument of conveyance executed herein in the Public Records of Miami-Dade County and to provide a recorded copy of each instrument to the Clerk of the Board within thirty (30) days of execution of said instruments; and (b) directs the Clerk of the Board to attach and permanently store a recorded copy of each of said instruments 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 Transfer of a Portion of a County Owned Right-of-Way
for NW 14 Street, also Known as Parcel No. 101, to the Miami Dade Expressway
Authority for the Improvement of an Off Ramp for State Road No. 836

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the transfer of a portion of the right-of-way for NW 14 Street, also known as Parcel No. 101, to the Miami-Dade Expressway Authority (MDX) for the improvement of State Road No. 836 in accordance with F.S. 125.38 and authorize the Chairman of the BCC to execute a County Deed conveying in fee simple to MDX the subject parcel. The Public Works and Waste Management Department (PWWM) has no objection to this right-of-way being transferred.

Scope
The property to be conveyed is located in Commission District 3.

Fiscal Impact/Funding Source
The Property Appraiser’s Office has assessed the adjacent properties to this right-of-way at $15.12 per square foot. Therefore, the total estimated value of this right-of-way would be approximately $494.27. Conveying this portion of right-of-way will not result in an increase in revenue from property taxes since land use as right-of-way is exempt from paying taxes. There is a positive fiscal impact since PWWM will not be responsible for the maintenance of the subject parcel.

Track Record/Monitor
PWWM is the entity overseeing this project and the person responsible for monitoring this acquisition is Mr. Raul A. Pino, Chief, Land Development/Right-of-Way Division.

MANAGER'S BACKGROUND
Background
MDX has planned improvements to the westbound off ramp of State Road No. 836 to NW 14 Street in order to improve vehicular movement in the area. Parcel 101, which is owned by Miami-Dade County, is located on the north side of NW 14 Street approximately 165 feet east of the intersection with NW 10 Avenue. MDX is requesting that the County convey Parcel 101 in order to build an additional right turn lane. The subject right-of-way was specifically dedicated to Miami-Dade County by the adjacent property owner for the use as a public road.

_______________________________
County Manager/Deputy Mayor



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