Miami-Dade Legislative Item
File Number: 122126
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File Number: 122126 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1027-12 Control: Board of County Commissioners
File Name: RELEASE OF UNNEEDED CANAL RESERVATION Introduced: 10/23/2012
Requester: Regulatory and Economic Resources Cost: Final Action: 12/4/2012
Agenda Date: 12/4/2012 Agenda Item Number: 8M3
Notes: Title: RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE EAST ½ OF THE EAST ½ OF SECTION 22, AND LYING WITHIN THE WEST ½ OF THE SW ¼ OF SECTION 23, TOWNSHIP 53 SOUTH AND RANGE 39 EAST IN MIAMI-DADE COUNTY
Indexes: CANAL
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 12/4/2012 8M3 Adopted P

Infrastructure and Land Use Committee 11/15/2012 3E Forwarded to BCC with a favorable recommendation P
REPORT: Hearing no objection, the Committee considered Agenda Items 3D, 3E, 3F and 3G simultaneously. Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed resolutions into the record. Hearing no questions or comments, the Committee members proceeded to vote on the foregoing proposed resolutions, as presented.

County Attorney 10/24/2012 Assigned Abbie N. Schwaderer

County Mayor 10/23/2012 Assigned County Attorney 12/4/2012
REPORT: RER - Pending committee assignment - Commissioner Diaz is sponsoring - Ast. County attorney Schwarderer-Raurell assisted the department.

County Mayor 10/23/2012 Assigned Jack Osterholt 10/23/2012 10/23/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE EAST ½ OF THE EAST ½ OF SECTION 22, AND LYING WITHIN THE WEST ½ OF THE SW ¼ OF SECTION 23, TOWNSHIP 53 SOUTH AND RANGE 39 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, Florida Rock Industries, Inc. is the lessee of the property in Sections 22 and 23, Township 53 South and Range 39 East which is encumbered by those rights in reservation given to Dade County in 1960 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, Florida Rock Industries, Inc. is planning to rock mine the property and has requested from Miami-Dade County the release of the canal reservations located within the east 130 feet of Section 22, Township 53 South and Range 39 East and located within the west 130 feet of Section 23, and Township 53 South and Range 39 East; and
WHEREAS, Florida Rock Industries, Inc. has submitted a signed letter of consent by the Division of State Lands of the Florida Department of Environmental Protection, as landowner, allowing the lessee, Florida Rock Industries, Inc. to apply for the release of the two canal reservation; and
WHEREAS, the property is located within an area designated as a Rock Mining Overlay Zoning Area and is so zoned to allow rock mining; and
WHEREAS, in consideration of and on behalf of Miami-Dade County, the Department of Regulatory and Economic Resources has determined that the requested 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.
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 allow the release of unneeded canal reservation from Miami-Dade County in Sections 22 and 23, Township 53 South and Range 39 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 disclaimer for release of the rights of reservation from Miami-Dade County through the instrument 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 instrument 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 Joe A. Martinez, Chairman
and Members, Board of County Commissioners

From: Carlos A. Gimenez
County Mayor
Subject: Resolution Authorizing the Release of Unneeded Canal Reservation in Section 22 & 23, Township 53 South and Range 39 East in Miami-Dade County

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the release of the unneeded canal reservation in Section 22 & 23, Township 53 South, and Range 39 East in Miami-Dade County.

Scope
This area is located in Commissioner Diaz’s District 12, north of NW 41 Street along NW 137 Avenue (theoretical).

Fiscal Impact/Funding Source
This item has no fiscal implications to Miami-Dade County and does not require the expenditure of any County funds.

Track Record/Monitor
The Water Control Section Manager within the Department of Regulatory and Economic Resources, Maria D. Molina, P.E., will be responsible for tasks related to this transaction.

MANAGER'S BACKGROUND
Background
In 1960, the Central and Southern Florida Flood Control District, later known as the South Florida Water Management District, gave to the County a canal reservation in northwestern Dade County along theoretical NW 137 Avenue and north of NW 41 Street. The rights in reservation were for canal and levee purposes in connection with the Miami-Dade County Water Control Master Plan on 12.06 acres located within the east 130 feet of Section 22, Township 53 South and Range 39 East and west 130 feet of Section 23, Township 53 South, Range 39 East. A site diagram is included in Attachment A.

The land encumbered by the above-stated canal reservation is owned by the State of Florida and is currently leased to Florida Rock Industries, Inc., a Florida Corporation. Florida Rock Industries plans to rock mine the property and has requested the release of the canal reservation. The State of Florida Division of State Lands has provided a signed letter of consent to the Department of Regulatory and Economic Resources, allowing the lessee to request the release of the canal reservation. The Miami-Dade Water Control Master Plan shows the property is located within the Northwest Wellfield in an area designated as a Rock Mining Overlay Zoning Area. The Department of Regulatory and Economic Resources, on behalf of Miami-Dade County, has determined that the subject canal reservation is no longer needed for the Miami-Dade Water Control Master Plan.

It is therefore recommended that the Board authorize the execution of the attached County disclaimer for the release of the unneeded canal reservation in Section 22 & 23, Township 53 South, and Range 39 East in Miami-Dade County.


_______________________________
Jack Osterholt, Deputy Mayor



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