TITLE
RESOLUTION ACCEPTING A RIGHT-OF-WAY DEED AND AUTHORIZING THE GRANTING OF A PERMANENT SUBTERRANEAN EASEMENT FOR $61,000.00 WITHIN A COUNTY RIGHT-OF-WAY KNOWN AS NE 17 STREET, BETWEEN NORTH MIAMI AVENUE AND NE MIAMI COURT IN SECTION 36, TOWNSHIP 53 SOUTH, RANGE 41 EAST

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, The segment of NE 17 Street lying between North Miami Avenue and NE Miami Court, is a County Road within the City of Miami; and

WHEREAS, PAC Capital, LLC, hereinafter �the Owner�, is the owner of the property immediately adjacent to the South side of said segment of NE 17 Street; and

WHEREAS, PAC Capital, LLC has offered to Miami-Dade County, hereinafter �the County,� a right-of-way deed for the portion of the zoned right-of-way for said segment of NE 17 Street that has not yet been dedicated; and

WHEREAS, this Board finds that the acceptance of said right-of-way deed would be in the public interest; and

WHEREAS, the Owner has requested from the County an easement for the benefit of their property that will allow certain essential subterranean structural components (the �Encroachments�) of an existing ten (10) story building shell to remain in place, encroaching into the right-of-way of said segment of NW 17 Street; and

WHEREAS, this Board finds that completion of the project on the Owner�s property consisting of 77 condominium units above four (4) ground floor commercial and retail spaces, currently approximately 70% complete, would be preferable to demolition of the building for the sole purpose of removing the Encroachments; and

WHEREAS, this Board finds that the Encroachments, as they are now located, will not be detrimental to the public transportation purpose of the right-of-way, nor will they cause a hazard to public health or safety; and

WHEREAS, pursuant to Sec. 125.35(2) of the Florida Statutes, this Board finds that the easement area is of insufficient size and shape to be issued a building permit independent of attachment to the Owner�s abutting property and that the easement would only be of use to the Owner due to its location and existing use by the Encroachments from the Owner�s adjoining property; and

WHEREAS, this Board finds that it is in the best interest of the County and that it serves a public purpose to convey the requested easement to the adjoining property so that the project begun thereon may be brought to completion and thereby expand residential availability in the urban core and promote business and create jobs in the community,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that

Section 1. This Board adopts the foregoing recitals as if incorporated fully herein.

Section 2. This Board accepts and approves the attached right-of-way deed from PAC Capital, LLC, and the Chairperson of the Board is hereby authorized to accept said right-of-way deed in substantially the same form as attached hereto and made a part hereof as Exhibit �A� on behalf of Miami-Dade County and to exercise all of the provisions therein;

Section 3. This Board approves the granting of a Permanent Subterranean Easement in substantially the form attached hereto and made a part hereof as Exhibit �B,� for consideration in the negotiated amount of $61,000.00 as a condition of same.

Section 4. This Board waives review under Administrative Order 8-4 by the Planning Advisory Board, and authorizes the County Mayor or County Mayor�s designee to take all actions necessary to accomplish the conveyance of said easement, including execution of such documents, and exercising all provisions and rights contained therein.

Section 5. 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 and to provide a recorded copy of said 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 of said instruments together with this resolution.

HEADER
Date:

To: Honorable Vice Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners

From:
Carlos A. Gimenez
Mayor

Subject: Resolution Accepting a Right-of-Way Deed and Authorizing the Granting of a Permanent Subterranean Easement for $61,000 within a County Right-of-Way known as NE 17 Street, between North Miami Avenue and NE Miami Court in Section 36, Township 53 South, Range 41 East


..Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution authorizing the acceptance of a right-of-way deed (attached hereto as Exhibit �A�) to complete the dedication of the right-of-way on the South side of NE 17 Street, a County Road, between North Miami Avenue and NE Miami Court to the full planned width and that the BCC approve and authorize the conveyance of a Permanent Subterranean Easement (attached hereto as Exhibit �B�) in consideration for the negotiated amount of $61,000, that will allow certain essential underground structural components of an existing ten (10) story building shell to remain in place, encroaching into said right-of-way beneath a portion of NE 17 Street on its South side between North Miami Avenue and NE Miami Court. Negotiation started from an appraisal report provided by the property owner which was reviewed by Public Works Waste Management (PWWM) staff. This resolution further authorizes the waiver of Administrative Order 8-4 as it pertains to review by the Planning Advisory Board, authorizes the County Mayor or County Mayor�s designee to execute such documents, and authorizes the recordation thereof among the Public Records of Miami-Dade County, Florida.

Scope
This subject County right-of-way is located within Commission District 3, in the City of Miami.

Fiscal Impact/Funding Source
There will be no County or other governmental funding required for this project. As consideration for the granting of the Permanent Subterranean Easement within public right-of-way, the owner of the Benefited Property shall pay to the County the negotiated amount of $61,000.

Track Record/Monitor
PWWM is the entity overseeing this item and the person responsible is Mr. Wayne Sutton, PLS, Section Head, Right-of-Way Engineering Section.

BODY
The Filling Station Lofts (Project) is a mixed use development of 77 residential loft condominium units above four (4) ground floor commercial spaces. It is located within the City of Miami, a few blocks North of the Performing Arts Center between North Miami Avenue and Biscayne Boulevard.
Prior to the beginning of construction on the Project, the City of Miami approved closure of a 10 foot wide alley by Resolution R-05-0106. Pursuant to Sec. 54-4 of the City of Miami Code, road closure triggers the need for a re-plat. After a tentative plat was filed, a permit was issued for the Project by the City of Miami, and construction began. When pilings were driven for the foundation it was discovered that the Northern row was located outside of the City of Miami�s base building line. The Project engineer attempted to correct this mistake by capping the pilings and shifting the footprint of the building back to its proper location outside the zoned right-of-way. The Project was approximately 70% complete when the Developer ran into financial difficulties.

On January 18, 2012, PAC Capital, LLC (Owners) obtained title to the property through non-residential foreclosure. A photograph of the Project in its current state is included as Exhibit �C�. The Owners plan to convey the property to a new developer who will complete the Project. However, plans show that existing subterranean pilings and pile caps that support the structure encroach into the zoned right-of-way that is to be dedicated by plat. Also, a number of the pilings encroach into a portion of the previously dedicated right-of-way. The Owners approached the County in an effort to determine a remedy to the issue without destroying the existing building. The existing encroachments are below the surface of the ground and will not interfere with the public use of the right-of-way for transportation purposes. The proposed Permanent Subterranean Easement will allow these essential structural components to remain in place so that the Project can be completed. Accepting the dedication and granting the easement will place the encroachment outside of the limits of a proposed plat, allowing the plat to go forward. In a letter attached hereto as Exhibit �D�, the Owners have agreed to pay the County the negotiated amount of $61,000 for the Subterranean Easement.

Florida Statute Section 125.35(2) provides that if a property is of insufficient size and shape to be issued a building permit for development to be constructed on the property, and if, when due to the size, shape, location and value, it is determined by the BCC that the parcel is of use only to one or more adjacent property owners, the BCC may effect a private sale of the property. The property at issue is a portion of the right-of-way for NW 17 Street that could not be developed as a standalone property without attachment to the adjacent property, and is therefore of use only to the adjacent property owners.

PWWM recommends the acceptance of the attached right-of-way deed and the conveyance of the attached Subterranean Easement in substantially the form attached hereto.