Miami-Dade Legislative Item
File Number: 131278
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File Number: 131278 File Type: Resolution Status: Adopted
Version: 0 Reference: R-695-13 Control: Board of County Commissioners
File Name: RELEASE OF UNNEEDED CANAL RESERVATION: WC-886 Introduced: 6/19/2013
Requester: Regulatory and Economic Resources Cost: Final Action: 9/4/2013
Agenda Date: 9/4/2013 Agenda Item Number: 8M2
Notes: TLL- 6/19/2013 Title: RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE SOUTH ½ OF SECTION 8, TOWNSHIP 53 SOUTH AND 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 9/4/2013 8M2 Adopted P

Land Use & Development Committee 7/11/2013 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed resolution into the record. Commissioner Bell assumed the chair. Hearing no comments or questions, the Committee members proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney 6/21/2013 Assigned Eduardo W. Gonzalez 6/24/2013

County Mayor 6/19/2013 Assigned County Attorney 9/4/2013
REPORT: RER (ASST. COUNTY ATTY: EDUARDO GONZALEZ) (PENDING CMTE ASSIGNMENT) (BCC SPONSOR: CMSR DIAZ)

County Mayor 6/19/2013 Assigned Jack Osterholt 6/21/2013 6/19/2013

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE SOUTH ˝ OF SECTION 8, TOWNSHIP 53 SOUTH AND 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, Terra Doral Commons Residential, LLC and Terra Doral Commons Commercial, LLC are the owners of the properties in Section 8, Township 53 South and Range 40 East which are encumbered by those rights in reservation given to Miami-Dade County in 1962 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, Terra Doral Commons Residential, LLC and Terra Doral Commons Commercial, LLC plan to develop the properties and have requested the release of the 130 foot wide canal reservation along the south line of Section 8, Township 53 South and Range 40 East, less 100 feet, with total area of 15.40 acres; and

WHEREAS, there is no existing canal along NW 74 Street between NW 97 Avenue and NW 107 Avenue and the Miami-Dade County Water Control Master Plan shows no proposed canal at that location; and

WHEREAS, in consideration of this 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 Section 8, Township 53 South and 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 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 Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Release of Unneeded Canal Reservation in the City of Doral, Miami-Dade County (WC-886)

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners approve the attached resolution authorizing the execution of a Miami-Dade County Disclaimer for the release of unneeded canal reservation in the City of Doral in Section 8, Township 53 South and Range 40 East, Miami-Dade County.

Scope
The site is in Commission District 12 (Commissioner Diaz) along NW 74 Street between NW 97 Avenue and NW 107 Avenue in the City of Doral.

Fiscal Impact/Funding Source
This item has no fiscal impact for the County and does not require the expenditure of County funds.

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

MANAGER'S BACKGROUND
Background
In 1962, 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 Miami-Dade County. Under Florida Flood Control District Deed No. 81, the rights in reservation were for canal and water management purposes in connection with the Miami-Dade County Water Control Master Plan over the south 130 feet of Section 8, Township 53 South and Range 40 East. Site diagrams are included in the attachments.

The two (2) properties encumbered by the above-stated canal reservation are owned by Terra Doral Commons Residential, LLC and Terra Doral Commons Commercial, LLC, both Florida limited liability companies. These companies plan to develop the properties and have requested the release of the canal reservation along NW 74 Street between NW 97 Avenue and NW 107 Avenue, less a 100 foot section owned by the City of Doral. There is no existing canal along NW 74 Street and the Miami-Dade Water Control Master Plan shows no proposed canal at that location. In consideration of this, the canal reservation, with total area of 15.40 acres, is no longer needed for canal and water management purposes.

It is therefore recommended that the Board approve the attached resolution authorizing the execution of a Miami-Dade County Disclaimer for the release of unneeded canal reservation in the City of Doral in Section 8, Township 53 South, and Range 40 East, Miami-Dade County.


____________________________
Jack Osterholt, Deputy Mayor



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