Miami-Dade Legislative Item
File Number: 121362
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File Number: 121362 File Type: Resolution Status: Adopted
Version: 0 Reference: R-785-12 Control: Board of County Commissioners
File Name: HABITAT FOR HUMANITY OF GREATER MIAMI, INC. Introduced: 6/29/2012
Requester: Public Housing and Community Development Cost: Final Action: 10/2/2012
Agenda Date: 10/2/2012 Agenda Item Number: 8K1
Notes: TLL- 6/29/2012 Title: RESOLUTION ACCEPTING CONVEYANCE OF VACANT LAND FROM HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR TEN DOLLARS ($10.00); DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO REMOVE THE VACANT LAND FROM THE INFILL HOUSING INITIATIVE PROGRAM; DECLARING THE VACANT LAND AS SURPLUS COUNTY OWNED PROPERTY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO DISPOSE OF SAID PROPERTY IN ACCORDANCE WITH FLORIDA STATUTE 125.35; AUTHORIZING THE WAIVER OF ADMINISTRATIVE ORDER NO. 8-4 AS IT PERTAINS TO THE PLANNING ADVISORY BOARD; AND AUTHORIZING EXECUTION OF COUNTY DEED BY THE BOARD OF COUNTY COMMISSIONERS ACTING BY THE CHAIRPERSON OR VICE CHAIRPERSON OF THE BOARD FOR SUCH PURPOSE
Indexes: NONE
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 10/2/2012 8K1 Adopted P

Economic Development & Social Services Committee 9/12/2012 3E Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record. Hearing no comments or questions, the Committee proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 7/6/2012 Assigned Terrence A. Smith 7/12/2012

County Mayor 7/6/2012 Assigned County Attorney 9/4/2012
REPORT: PHCD (ASST. COUNTY ATTY: TERRENCE SMITH) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: VICE CHAIR EDMONSON)

County Attorney 6/29/2012 Assigned Mayor 7/6/2012
REPORT: item returned to agenda office

County Attorney 6/29/2012 Assigned Terrence A. Smith

County Mayor 6/29/2012 Assigned County Attorney 9/4/2012
REPORT: PHCD (ASST. COUNTY ATTY: TERRENCE SMITH) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: VICE CHAIR EDMONSON)

County Mayor 6/29/2012 Assigned Russell Benford 6/22/2012 6/28/2012

Legislative Text


TITLE
RESOLUTION ACCEPTING CONVEYANCE OF VACANT LAND FROM HABITAT FOR HUMANITY OF GREATER MIAMI, INC. FOR TEN DOLLARS ($10.00); DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO REMOVE THE VACANT LAND FROM THE INFILL HOUSING INITIATIVE PROGRAM; DECLARING THE VACANT LAND AS SURPLUS COUNTY OWNED PROPERTY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO DISPOSE OF SAID PROPERTY IN ACCORDANCE WITH FLORIDA STATUTE 125.35; AUTHORIZING THE WAIVER OF ADMINISTRATIVE ORDER NO. 8-4 AS IT PERTAINS TO THE PLANNING ADVISORY BOARD; AND AUTHORIZING EXECUTION OF COUNTY DEED BY THE BOARD OF COUNTY COMMISSIONERS ACTING BY THE CHAIRPERSON OR VICE CHAIRPERSON OF THE BOARD FOR SUCH PURPOSE

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, Habitat for Humanity of Greater Miami, Inc. has tendered a quit claim deed conveying to Miami-Dade County the property interests in a parcel of vacant land (the “Property”) located within Miami-Dade County, Florida, for public purposes identified in the Mayor’s memorandum and the instrument of conveyance all of which are attached hereto and made a part hereof; and
WHEREAS, the Board finds, pursuant to Florida Statute section 125.35, that it is in the best interest of Miami-Dade County to sell and convey the Property, to the highest and best bidder; and
WHEREAS, upon consideration of the Mayor’s recommendation, the Board finds and determines that the acceptance of such conveyance would be in the public’s best interest,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. The Board accepts the Property conveyed from Habitat for Humanity to the County.
Section 3. The Board directs the County Mayor or County Mayor’s designee to remove the Property from the Infill Housing Initiative Program.
Section 4. This Board declares upon acceptance of the Property that it is hereby County owned surplus property.
Section 5. This Board authorizes the County Mayor or County Mayor’s designee to sell the Property either through private sale with the adjacent owner or via competitive bidding for no less than fair market value to be determined by an independent State certified appraiser or the Property Appraiser, authorizes the Chairman or Vice Chairman of the Board of County Commissioners to execute a County Deed for said purpose.
Section 6. The Board authorizes the County Mayor or the County Mayor’s designee to waive Administrative Order 8-4 as it pertains to the Planning Advisory Board.
Section 7. The Board, pursuant to Resolution No. R-974-09, (a) directs the County Mayor or County Mayor’s designee to record the instrument of conveyance accepted herein in the Public Records of Miami-Dade County 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 (b) directs the Clerk of the Board to attach and permanently store a recorded copy said instrument 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 Accepting Conveyance of Vacant Land from Habitat for Humanity of Greater Miami, Inc. Authorizing the County Mayor to Dispose of Said Land in Accordance With Florida Statute 125.35. Authorizing the Waiver of Administrative Order 8-4 as it Pertains to Review by the Planning Advisory Board

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board):

* Accept conveyance of one (1) vacant Infill Housing lot (the “Property”) from Habitat for Humanity of Greater Miami, Inc. (Habitat), to the County;
* Remove the Property for the Infill Housing Initiative Program;
* Declare the Property to be County surplus property;
* Authorizes the County Mayor or County’s designee to sell or convey said property in accordance with Florida Statute 125.35 for a price that is not less than fair market value to be determined by an independent State Certified appraiser or the Property Appraiser; and
* Waives Administrative Order 8-4 as it relates to review by the Planning Advisory Board.

Scope
The 5,000 square foot lot, folio number 01-3114-018-1050 is located at 6846 NW 15 Avenue, and has a 2012 assessed value of $50,000. The lot is located in Commission District 3.

Fiscal Impact/Funding Source
The land will be conveyed to the County for the nominal ten dollars ($10) consideration. Public Housing and Community Development has estimated the annual maintenance cost for the lot will be $225.00.

Track Record/Monitor
A Quit Claim Deed (Attachment A) has been executed by Habitat transferring the property to the County. Public Housing and Community Development will ensure that the Deed is properly filed and recorded with the Clerk of the Courts. The lot will go back into the County’s surplus land inventory administered and maintained by Public Housing and Community Development. This project will be monitored by Jorge Cibran, Director Facilities and Development.

Delegation of Authority
Authorize the County Mayor or County Mayor’s Designee to sell or convey the Property to the highest and best bidder and authorizes the Chairperson or Vice Chairperson to execute County Deeds for such purpose.

MANAGER'S BACKGROUND
Background
Habitat initially requested the County convey the lot to them as part of their effort to build affordable housing in the HOPE VI Target Area. The Board authorized the conveyance of the lot to Habitat pursuant to Resolution No. R-1356-09, which was adopted December 1, 2009.

Habitat has maintained the property as agreed, and performed their due diligence to develop the property; however, due to the commercial zoning designation of the lot, representatives from the City of Miami have advised Habitat that the lot is best suited for commercial development, as it is located in an already established commercial corridor. In order to accommodate the City’s long term plans for the community, Habitat seeks to return the property to the County in accordance to the reverter in the County Deed and County Agreements. There are no encumbrances or unpaid taxes due on the lot.
The procedures and conditions for the sale and conveyance of County-owned real property are set forth in Florida Statutes section 125.35, which states, in part, that “The Board of County Commissioners is expressly authorized to sell and convey any real or personal property, and to lease real property, belonging to the County, whenever the Board determines that it is to the best interest of the County to do so, to the highest and best bidder for the particular use the Board deems to be the highest and best, for such length of term and such conditions as the governing body may in its discretion determine.”

Attachment

_______________________________
Russell Benford, Deputy Mayor



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