Miami-Dade Legislative Item
File Number: 120639
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 120639 File Type: Resolution Status: Adopted
Version: 0 Reference: R-376-12 Control: Board of County Commissioners
File Name: RIGHT OF WAY RE: 74TH STREET TRANSFER Introduced: 3/28/2012
Requester: Public Works & Waste Management Cost: Final Action: 5/1/2012
Agenda Date: 5/1/2012 Agenda Item Number: 8M4
Notes: TLL- 3/28/2012 Title: RESOLUTION AUTHORIZING THE TRANSFER OF A PORTION OF COUNTY OWNED RIGHT-OF-WAY FOR NW 74 STREET ALSO KNOWN AS PARCEL NO. 106 NOT NEEDED FOR COUNTY PURPOSES FOR NO MONETARY CONSIDERATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS OF COUNTY ROAD NO. 934 (NW 74 STREET) IN ACCORDANCE WITH FLORIDA STATUTE 125.38 AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED CONVEYING SAID PARCEL TO THE FLORIDA DEPARTMENT OF TRANSPORTATION THEREOF, IN SECTION 7, TOWNSHIP 53 SOUTH, RANGE 40 EAST
Indexes: NONE
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 5/1/2012 8M4 Adopted P

Infrastructure and Land Use Committee 4/11/2012 3D Forwarded with a favorable recommendation P
REPORT: Hearing no objection, the Committee considered Agenda Items 3D and 3E simultaneously. Assistant County Attorney Bonzon-Keenan read the foregoing proposed resolutions into the record. Hearing no discussion, Committee members proceeded to vote on Agenda Items 3D and 3E simultaneously, as presented.

County Attorney 4/4/2012 Assigned Debra Herman 4/5/2012

County Mayor 4/4/2012 Assigned County Attorney 5/1/2012
REPORT: PWWM (Revised) - Debra Herman assisted - Comm. Diaz Sponsor - pending cmte - Attachment: Deed

County Attorney 3/30/2012 Referred County Mayor 3/30/2012
REPORT: Returned item to Agenda Coordinator for changes.

County Attorney 3/28/2012 Assigned Debra Herman 3/30/2012

County Mayor 3/28/2012 Assigned County Attorney 5/1/2012
REPORT: PWWM (ASST. COUNTY ATTY: DEBRA HERMAN) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: CMSR DIAZ)

County Mayor 3/28/2012 Assigned Alina Tejeda-Hudak 3/21/2012 3/28/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE TRANSFER OF A PORTION OF COUNTY OWNED RIGHT-OF-WAY FOR NW 74 STREET ALSO KNOWN AS PARCEL NO. 106 NOT NEEDED FOR COUNTY PURPOSES FOR NO MONETARY CONSIDERATION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE IMPROVEMENTS OF COUNTY ROAD NO. 934 (NW 74 STREET) IN ACCORDANCE WITH FLORIDA STATUTE 125.38 AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED CONVEYING SAID PARCEL TO THE FLORIDA DEPARTMENT OF TRANSPORTATION THEREOF, IN SECTION 7, TOWNSHIP 53 SOUTH, RANGE 40 EAST

BODY
WHEREAS, the Florida Department of Transportation desires to acquire certain County-owned right-of-way, which is identified in the attached Exhibit “A” as Parcel No. 106 and which is located along NW 74 Street at the intersection with NW 113 Court (the right-of-way); and
WHEREAS, the County’s conveyance of the right-of-way to the Florida Department of Transportation is in the public’s best interest and welfare by allowing the use of the right-of-way for the proposed improvements to County Road No. 934 (NW 74 Street) in Miami-Dade County; and
WHEREAS, the County is satisfied that the Florida Department of Transportation requires the right-of-way for such use, and the right-of-way is not otherwise needed for County purposes; and
WHEREAS, the conveyance of the right-of-way to the Florida Department of Transportation for said purposes shall be for no monetary consideration; and
WHEREAS, the conveyance of the right-of-way to the Florida Department of Transportation is in accordance with Section 125.38, Florida Statutes, governing the conveyance of County right-of-way to the Florida Department of Transportation,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, 1) that the foregoing recitals are incorporated and adopted herein, 2) that this Board, pursuant to Section 125.38, Florida Statutes declares that the right-of-way is not needed for County purposes; authorizes the conveyance of Parcel No. 106 to the Florida Department of Transportation, as shown on Exhibit “A,” attached hereto and made a part hereof for no monetary consideration, (3) that this Board authorizes the Chairman of the Board of County Commissioners to execute a County Deed on behalf of Miami-Dade County, in substantially the form attached hereto, conveying Parcel No. 106 in fee simple to the Florida Department of Transportation; (4) that the procedure utilized in the adoption of this resolution is expressly ratified and approved; and (5) pursuant to Resolution No. R-974-09, this Board directs the County Mayor or County 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 instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; 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 Transfer of a Portion of County Owned Right-of-Way for NW 74 Street, also Known as Parcel No. 106, to the Florida Department of Transportation for the Improvements of State Road No. 934 (NW 74 Street) in Accordance with F.S. 125.38 and Authorizing the Chairman of the Board of County Commissioners to Execute a County Deed Conveying Said Parcel to the Florida Department of Transportation Section: 7-53-40 Commission District 12

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the transfer of portions of right-of-way for NW 74 Street, also known as Parcel No. 106, to the Florida Department of Transportation (FDOT) for the improvements of State Road No. 934 (NW 74 Street) in accordance with F.S. 125.38 and authorize the Chairman of the BCC to execute County Deeds conveying in fee simple to FDOT 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 within Commission District 12.

Fiscal Impact/Funding Source
The Property Appraiser’s Office has assessed the adjacent properties to this right-of-way at $21.75 per square foot. Therefore, the estimated value of this right-of-way would be approximately $42,654. 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 tax exempt. 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
FDOT has planned improvements on State Road 934 from NW 107 Avenue to NW 114 Avenue in order to improve vehicular movement in the area. Parcel 106, which is owned by Miami-Dade County, is located on the north side of NW 74 Street at the intersection of NW 113 Court. FDOT is requesting that the County convey Parcel 106 in order to build a sound barrier wall along the north side of NW 74 Street. Additionally, sidewalks and curb and gutters will be replaced, and pedestrian ramps will be reconstructed.

The subject right-of-way was specifically dedicated to Miami-Dade County by the adjacent home owners association to allow for the completion of the proposed sound barrier wall along the north side of NW 74 Street.

_______________________________
County Manager/Deputy Mayor



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.