Miami-Dade Legislative Item
File Number: 122167
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File Number: 122167 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1021-12 Control: Board of County Commissioners
File Name: CONVEYANCE OF COUNTY OWNED RIGHTS-OF-WAY Introduced: 10/25/2012
Requester: Public Works & Waste Management Cost: Final Action: 12/4/2012
Agenda Date: 12/4/2012 Agenda Item Number: 8L1
Notes: Title: RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY OWNED RIGHTS-OF-WAY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38, FOR NO MONETARY CONSIDERATION, FOR IMPROVEMENTS TO IMPLEMENT EXPRESS LANES ALONG STATE ROAD 826 BETWEEN NW 25 STREET AND NW 154 STREET ALSO KNOWN AS PARCEL NOS. 101.1, 102.1, 103.1, 104.1, 105.1, 106.1, 107.1, 108.1, 701.1, 702.1, 703.1, 704.1, AND 705.1, AND AUTHORIZING THE CHAIRPERSON OR VICE CHAIRPERSON TO EXECUTE COUNTY DEEDS AND TEMPORARY EASEMENTS CONVEYING SAID PARCELS, IN SECTIONS 14, 15, 22, 23, AND 26, TOWNSHIP 53 SOUTH, RANGE 40 EAST
Indexes: CONVEYANCE
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 8L1 Adopted P

Infrastructure and Land Use Committee 11/15/2012 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri-Bonzon Keenan read the foregoing proposed resolution into the record. Hearing no questions or comments, the Committee members proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 10/30/2012 Assigned Debra Herman 10/31/2012

County Mayor 10/30/2012 Assigned County Attorney 12/4/2012
REPORT: Returned with requested changes.

County Attorney 10/26/2012 Assigned County Mayor
REPORT: item returned to agenda office

County Attorney 10/26/2012 Assigned Debra Herman 10/26/2012

County Mayor 10/25/2012 Assigned County Attorney 12/4/2012
REPORT: PWWM - Pending Committee Assignment - Commissioner Diaz is the sponsor - Assistant County Attorney Herman assisted the department.

County Mayor 10/25/2012 Assigned Alina Tejeda-Hudak 10/25/2012 10/25/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE CONVEYANCE OF COUNTY OWNED RIGHTS-OF-WAY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38, FOR NO MONETARY CONSIDERATION, FOR IMPROVEMENTS TO IMPLEMENT EXPRESS LANES ALONG STATE ROAD 826 BETWEEN NW 25 STREET AND NW 154 STREET ALSO KNOWN AS PARCEL NOS. 101.1, 102.1, 103.1, 104.1, 105.1, 106.1, 107.1, 108.1, 701.1, 702.1, 703.1, 704.1, AND 705.1, AND AUTHORIZING THE CHAIRPERSON OR VICE CHAIRPERSON TO EXECUTE COUNTY DEEDS AND TEMPORARY EASEMENTS CONVEYING SAID PARCELS, IN SECTIONS 14, 15, 22, 23, AND 26, TOWNSHIP 53 SOUTH, RANGE 40 EAST

BODY
WHEREAS, the Board desires to accomplish the purpose outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and
WHEREAS, the Florida Department of Transportation (FDOT) desires to acquire certain County-owned rights-of-way, which are identified in the attached Composite Exhibit “A” as Parcel Nos. 101.1, 102.1, 103.1, 104.1, 105.1, 106.1, 107.1, 108.1, 701.1, 702.1, 703.1, 704.1, and 705.1 which are located along the rights-of-way of the frontage roads of State Road 826 (Palmetto Expressway) between NW 25 Street and NW 154 Street (the Rights-of-Way) and shown on the attached location map in “Exhibit B”; and
WHEREAS, the County’s conveyance of those Rights-of-Way to FDOT is in the public’s best interest and welfare by allowing the use of the Rights-of-Way for the proposed improvements to implement Express Lanes along the Palmetto Expressway in Miami-Dade County; and
WHEREAS, the County is satisfied that FDOT requires the Rights-of-Way for such use, and the Rights-of-Way are not otherwise needed for County purposes; and
WHEREAS, the conveyance of the Rights-of-Way to FDOT for said purposes shall be for no monetary consideration; and
WHEREAS, the conveyance of the Rights-of-Way to FDOT is in accordance with Section 125.38, Florida Statutes, governing the County’s conveyance of Rights-of-way; and
WHEREAS, the acceptance of the Rights-of-Way by FDOT is in accordance with Section 337.25, Florida Statutes, governing FDOT’s acceptance of the Rights-of-way donations for transportation facilities; and
WHEREAS, such Rights-of-Way will revert to the County in the event that use for transportation purposes ever ceases;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, 1) that the foregoing recitals are incorporated as if fully set forth herein; and 2) that this Board, pursuant to Section 128.38, Florida Statutes, authorizes the conveyance of Parcel Nos. 101.1, 102.1, 103.1, 104.1, 105.1, 106.1, 107.1, 108.1, 701.1, 702.1, 703.1, 704.1, and 705.1 to FDOT, as shown on Exhibit “A,” attached hereto and made a part hereof for no monetary consideration; and 3) that this Board authorizes the Chairperson or Vice Chairperson to execute County Deeds and Temporary Easements on behalf of Miami-Dade County, in substantially the forms attached hereto, conveying Parcel Nos. 101.1, 102.1, 103.1, 104.1, 105.1, 106.1, 107.1, 108.1, 701.1, 702.1, 703.1, 704.1, and 705.1 to FDOT; 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 approved herein in the Public Records of Miami-Dade County, b) to provide a recorded copy of said instrument to the Clerk of the Board within thirty (30) days of execution of said instrument, c) to attach and permanently store a recorded copy of said instrument together with this resolution, and (d) to deliver a recorded copy of said instrument to the District Secretary.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Public Purpose Conveyance of County Owned Rights-of-Way to the Florida Department of Transportation in Accordance with Florida Statute 125.38 for No Monetary Consideration to Implement Express Lanes along State Road 826 between NW 25 Street and NW 154 Street

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve a public purpose conveyance of County owned rights-of-way to the Florida Department of Transportation (FDOT) for improvements to implement Express Lanes along State Road 826 between NW 25 Street and NW 154 Street also known as Parcel Nos. 101.1, 102.1, 103.1, 104.1, 105.1, 106.1, 107.1, 108.1, 701.1, 702.1, 703.1, 704.1, and 705.1; and authorize the Chairperson or Vice Chairperson to execute County Deeds and Temporary Easements conveying said Parcels in Sections 14, 15, 22, 23, and 26-53-40. The Public Works and Waste Management Department (PWWM) has no objection to the conveyance of these rights-of-way.

Scope
The rights-of-way to be conveyed are located within Commission District 12.

Fiscal Impact/Funding Source
Conveying these portions 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 parcels, which is currently estimated at a cost of $1,700.00 per year.

Track Record/Monitor
PWWM is the entity overseeing this project and the person responsible for monitoring this conveyance is Mr. Wayne Sutton, Section Head, Right-of-Way Engineering Section, of the Right-of-Way Division.

MANAGER'S BACKGROUND
Background
FDOT is planning improvements to implement Express Lanes along State Road 826 (Palmetto Expressway) between SR 836 (Dolphin Expressway) and NW 154 Street, and along I-75 between the Palmetto Expressway and NW 170 Street. The purpose of this project as envisioned in the emerging South Florida Express Lanes network is to improve mobility, relieve congestion, provide additional travel options, enhance transit services, accommodate future growth and development in the region, enhance emergency evacuation, and improve system connectivity between the Palmetto Expressway, I-75, the Gratigny Parkway, the Turnpike, and I-595. The project consists of the construction of two express lanes in each direction along the Palmetto Expressway, with noise barrier walls, ramp metering, and a new flyover from the Palmetto Expressway to I-75.

The subject rights-of-way were acquired by Miami-Dade County for the frontage roads along the Palmetto Expressway in the 1950’s and 1960’s. The land abutting the subject rights-of-way are shown on the 2005-2015 Comprehensive Development Master Plan as Industrial and Office. The permanent conveyance of certain portions of the access roads to FDOT will not adversely affect public travel upon the remainder of the public right-of-way. The temporary easements to be authorized by this resolution will be subject to FDOT maintaining access to those properties that front the access roads at all times during the period of construction. FDOT shall notice all property owners fronting the access roads of its planned work within the public right-of-way and shall include contact information as a part of the notification.

The parcels are legally described in Exhibit “A” of the County Deeds, and their locations are depicted in Exhibit “B” of the attached Resolution.




____________________
Alina T. Hudak
County Manager/Deputy Mayor



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