Miami-Dade Legislative Item
File Number: 130059
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File Number: 130059 File Type: Resolution Status: Adopted
Version: 0 Reference: R-89-13 Control: Board of County Commissioners
File Name: SURPLUS VACANT COUNTY-OWNED REAL PROPERTY Introduced: 1/8/2013
Requester: Public Housing and Community Development Cost: Final Action: 2/5/2013
Agenda Date: 2/5/2013 Agenda Item Number: 8K1
Notes: TLL- 1/8/2013 Title: RESOLUTION DECLARING SURPLUS VACANT COUNTY-OWNED REAL PROPERTY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO SELL OR CONVEY PROPERTY LOCATED AT 1451 NW 68 TERRACE, MIAMI, FL IN ACCORDANCE WITH FLORIDA STATUTE 125.35(2); AND FLORIDA STATUTE 197.592; AUTHORIZING THE WAIVER OF ADMINISTRATIVE ORDER 8-4 AS IT PERTAINS TO REVIEW BY THE PLANNING ADVISORY BOARD; AND AUTHORIZING EXECUTION OF COUNTY DEED BY THE BOARD OF COUNTY COMMISSIONERS ACTING BY THE CHAIR 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 2/5/2013 8K1 Adopted P

Economic Development & Social Services Committee 1/16/2013 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Terrence Smith read the foregoing resolution into the record. Hearing no comments or questions the committee proceeded to vote.

County Attorney 1/8/2013 Assigned Terrence A. Smith 1/8/2013

County Mayor 1/8/2013 Assigned County Attorney 2/5/2013
REPORT: PHCD (ASST. COUNTY ATTY: SHANNON SUMMERSET) (PENDING CMTE ASSIGNMENT/BCC SPONSOR: CMSR EDMONSON)

County Mayor 1/8/2013 Assigned Russell Benford 1/2/2013 1/8/2013

Legislative Text


TITLE
RESOLUTION DECLARING SURPLUS VACANT COUNTY-OWNED REAL PROPERTY; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO SELL OR CONVEY PROPERTY LOCATED AT 1451 NW 68 TERRACE, MIAMI, FL IN ACCORDANCE WITH FLORIDA STATUTE 125.35(2); AND FLORIDA STATUTE 197.592; AUTHORIZING THE WAIVER OF ADMINISTRATIVE ORDER 8-4 AS IT PERTAINS TO REVIEW BY THE PLANNING ADVISORY BOARD; AND AUTHORIZING EXECUTION OF COUNTY DEED BY THE BOARD OF COUNTY COMMISSIONERS ACTING BY THE CHAIR OF THE BOARD FOR SUCH PURPOSE

BODY
WHEREAS, pursuant to Florida Statute 125.35(2), the Board finds that the value of the property more fully described in “Exhibit A” (the “Property”), is $15,000.00, or less, as determined by the County Property Appraiser; and

WHEREAS, the Board finds that due to the size, shape, location and value of the Property, it has been determined by this Board that the Property is of use only to one or more adjacent property owners; and

WHEREAS, based on the foregoing whereas clauses, the Board desires to effect a private sale of the Property; and

WHEREAS, Florida Statute 197.592(3) states that lands acquired by the County of the State for delinquent taxes in accordance with law which have not been previously sold, acquired for infill housing, affordable housing, or dedicated by the Board of County Commissioners, which the Board of County Commissioners has determined are not to be conveyed to the record fee simple owner in accordance with the provisions of subsections (1) and (2), and which are located within the boundaries of an incorporated municipality of the County shall be conveyed to the governing board of the municipality in which the land is located; and

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

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. This Board authorizes waiving Administrative Order 8-4 as it pertains to review by the Planning Advisory Board.

Section 3. This Board authorizes the County Mayor or County Mayor’s designee to sell the Property described in Exhibit “A”, pursuant to Section 125.35(2), Florida Statute, either through private sale with the adjacent owner or through a competitive bidding process if two or more owners of adjacent property give notice of their desire to purchase the Property. Alternatively, pursuant to Section 197.592(3), the County Mayor or County Mayor’s designee may convey the Property for a nominal amount to the City of Miami.

Section 4. The Board authorizes the Chairperson or the Vice-Chairperson of the Board to execute a County Deed for the purpose described herein, in substantially the form attached hereto.

Section 5. Pursuant to Resolution No. R-974-09, the Board directs the County Mayor or the County Mayor’s designee to record the instrument of conveyance accepted herein 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 Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor

Subject: Resolution Declaring as Surplus Vacant County-owned Real Property and Authorizing the Sale or Conveyance of Folio No. 01-3114-018-1250

STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve the attached resolution which authorizes the following:
* Declares a County-owned parcel located at 1451 NW 68 Terrace, Miami, FL as surplus;
* Waives Administrative Order 8-4 as it relates to review by the Planning Advisory Board;
* Authorizes Public Housing and Community Development to notice the adjacent owners stating that the County is offering said property for sale;
* Authorizes the County Mayor or County Mayor’s designee to sell or convey said property in accordance to Florida Statutes § 125.35(2)(b), which provides for the sale of County property to the adjacent property owner, either through private sale or by competitive bid, or, in accordance with Florida Statutes 197.592, which provides for the conveyance of County property acquired through tax deed to the governing board of the City of Miami; and
* Authorizes the County Mayor or the County Mayor’s designee to take all actions necessary to accomplish the sale of the property, and authorizes the Chair of the Board to execute a County Deed (attached as Exhibit A) for such purpose.

SCOPE
The 3,600 square foot, single family residential T3 L-zoned property, folio number 01-3114-018-1250 is located in County Commission District 3 and has a 2012 assessed value of $4,791.00 (as noted in Attachment A).

FISCAL IMPACT/FUNDING SOURCE
The sale or conveyance of this property will eliminate the County’s obligation to maintain the property, which costs approximately $175 per year. The County has paid approximately $700 in maintenance costs since September, 2007.

TRACK RECORD/MONITOR
Jorge Cibran, Director of Facilities and Development Division, will manage the sale of this property.

MANAGER'S BACKGROUND
BACKGROUND
The County reviews and periodically submits to the Board requests to sell or convey properties that are deemed unusable by County departments. This unimproved property, located within the City of Miami, escheated to the County on January 26, 1993. The property has an exempt status from paying real estate taxes and the County has been maintaining the property as noted above.

On June 7, 2001 the lot was conveyed, through County Deed for the Infill Housing Program, to Fortuna Trucking Company, Inc. a/k/a Fortex Construction, Inc. On September 16, 2008 the property reverted to the County due to non-performance.

On February 10, 2012 Public Housing and Community Development offered 117 lots, which included the subject property, to the approved Infill Developer Pool under Work Order Proposal Request #2; however, no proposals were received for Folio No. 01-3114-018-1250. On August 23, 2012 Public Housing and Community Development circulated the property to all County departments to determine whether there is a current or future need for the property, in which none was determined. Additionally, on October 26, 2012 the property was circulated to the City of Miami and the City did not express interest in the property. The Property will be taken out of the Infill Housing Program and surplused for this purpose.

The procedures and conditions for conveyance and sale of county-owned real property are provided for in Florida Statutes as follows:

* Florida Statute 125.35(2)(b) provides that whenever the Board identifies a County-owned parcel of real property to be valued at $15,000 or less as determined by the Board’s designated fee appraiser or by the County Property appraiser, and, when due to the characteristics and location of said property, the Board determines that such parcel of real property is of use to only one or more adjacent property owners, the Board may then cause a private sale and conveyance of said property to said adjacent owner(s).

* Additionally, as it relates to the sale of any tax deed property located within the boundaries of a municipality, the municipality will be notified of the availability, and, if desired by the municipality, the property will be conveyed for a nominal value of $10.00 as prescribed in Florida Statutes 197.592(3).

To encourage the expeditious sale of this parcel, it is recommended that the County Mayor or the County Mayor’s designee be authorized to sell the Property at a private sale; or through a competitive bidding process with the adjacent property owners; or offer and convey the property to the City of Miami for a nominal amount.


Attachments


_________________________
Russell Benford, Deputy Mayor



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