Miami-Dade Legislative Item
File Number: 121379
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File Number: 121379 File Type: Resolution Status: Adopted
Version: 0 Reference: R-640-12 Control: Board of County Commissioners
File Name: LAKESIDE AT DORAL RE: CANAL RIGHT OF WAY Introduced: 7/3/2012
Requester: Regulatory and Economic Resources Cost: Final Action: 7/17/2012
Agenda Date: 7/17/2012 Agenda Item Number: 8M1
Notes: TLL- 7/3/2012 Title: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CANAL RIGHT-OF-WAY AND A CANAL MAINTENANCE EASEMENT IN EXCHANGE FOR THE RELEASE OF UNNEEDED EXCESS CANAL RESERVATION IN SECTION 19, TOWNSHIP 53 SOUTH, RANGE 40 EAST IN MIAMI-DADE COUNTY
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 7/17/2012 8M1 Adopted P

County Attorney 7/3/2012 Assigned Abbie N. Schwaderer 7/3/2012

County Mayor 7/3/2012 Assigned County Attorney 9/4/2012
REPORT: RER (ASST. COUNTY ATTY: ABBIE SCHWADERER-RUARELL) (ATTACHMENT(S): A- CANAL RIGHT OF WAY DEED; B- EASEMENT OF CANAL MAINTENANCE; C- COUNTY DISCLAIMER FOR CANAL RESERVATION) (BCC SPONSOR: CMSR DIAZ)

County Mayor 7/3/2012 Assigned Jack Osterholt 6/22/2012 7/3/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A CANAL RIGHT-OF-WAY AND A CANAL MAINTENANCE EASEMENT IN EXCHANGE FOR THE RELEASE OF UNNEEDED EXCESS CANAL RESERVATION IN SECTION 19, TOWNSHIP 53 SOUTH, RANGE 40 EAST IN 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, CC Doral Pebblewalk, LLC is the owner of the tract in Section 19, Township 53 South, Range 40 East which is encumbered by a canal reservation given to Miami-Dade County in 1961 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, CC Doral Pebblewalk, LLC is planning to build on their land and has requested from Miami-Dade County the release of approximately 95 feet of the 130 foot wide canal reservation in exchange for a canal maintenance easement and a deed to Miami-Dade County for the approximately 35 foot wide canal right-of-way; and

WHEREAS, CC Doral Pebblewalk, LLC has submitted a valid and signed canal right-of-way deed in favor of Miami-Dade County for the transfer of title to real property and an easement for canal maintenance; and

WHEREAS, in consideration of this offer, Miami-Dade County has determined that the requested canal reservation is no longer needed by Miami-Dade 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 approximately 35 foot wide canal 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 canal 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 and easement for canal maintenance from the landowner conveying canal right-of-way to Miami-Dade County and providing a canal maintenance easement to Miami-Dade County in exchange for the release of unneeded excess canal reservation from Miami-Dade County in Sections 19, Township 53 South, Range 40 East 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 canal right-of-way deed, to execute the easement for canal maintenance and to execute the disclaimer for release of the rights of reservation from Miami-Dade County to the landowner, with the 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 and a Canal Maintenance Easement in Exchange for the Release of Unneeded Excess Reservation in Section 19, Township 53 South, Range 40 East in Miami-Dade County (WC-882)

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 and a canal maintenance easement from the landowner in exchange for the release of excess canal reservation which is no longer needed by Miami-Dade County (the County).

Scope
The subject parcel 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 any County funds.
Track Record/Monitor
The Water Control Section Manager within the Department of Regulatory and Economic Resources will be responsible for tasks related to this transaction.

MANAGER'S BACKGROUND
Background
In 1961, 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 strip of land in northwestern Miami-Dade County. By virtue of Florida Flood Control District Deed No. 64, the rights in reservation were to be used for canal and levee purposes in connection with the Miami-Dade County Water Control Master Plan. The land is located just east of the Florida Turnpike and the Snapper Creek Canal, lying north of NW 41 Street, south of NW 43 Terrace, east of the NW 117 Avenue and west of NW 114 Avenue. A site diagram is included in Attachment C.

The land encumbered by the above-stated canal reservation is owned by CC Doral Pebblewalk, LLC. CC Doral Pebblewalk, LLC is planning to develop the property into a residential subdivision and has requested the release of the eastern, approximately 95 foot wide portion of the 130 foot wide canal reservation from the County in exchange for deeding to the County the westernmost, approximately 35 foot wide canal right-of-way. In consideration of this offer, Miami-Dade County has determined that the canal reservation, with total area of 0.72 acres, is no longer needed for the Miami-Dade Water Control Master Plan, that a similar 95 foot wide canal reservation was previously released by the County to the north of this area, and that the County does not currently have a canal maintenance easement for the approximately 35 foot wide canal right-of-way.

It is therefore recommended that the Board authorize the acceptance of a canal right-of-way deed (Attachment A) and an easement for canal maintenance (Attachment B) in exchange for the release of unneeded excess canal reservation by County disclaimer (Attachment C). Following the County’s release of the canal reservation, the landowner would need to pursue further release of the canal reservation from the South Florida Water Management District and/or other agencies as appropriate.


_______________________________
Jack Osterholt, Deputy Mayor



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