Miami-Dade Legislative Item
File Number: 131910
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File Number: 131910 File Type: Resolution Status: Adopted
Version: 0 Reference: R-910-13 Control: Board of County Commissioners
File Name: RESOLUTION AUTHORIZING RELEASE OF UNNEEDED CANAL RESERVATION Introduced: 9/26/2013
Requester: Regulatory and Economic Resources Cost: Final Action: 11/5/2013
Agenda Date: 11/5/2013 Agenda Item Number: 8M2
Notes: Title: RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE SOUTHWEST ¼ OF SECTION 21, TOWNSHIP 52 SOUTH AND RANGE 40 EAST IN MIAMI-DADE COUNTY
Indexes: UNEEDED CANAL RESERVATION
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 11/5/2013 8M2 Adopted P

Land Use & Development Committee 10/10/2013 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Dennis Kerbel read the foregoing proposed resolution into the record. The Committee members proceeded to vote on the foregoing resolution as presented.

County Attorney 9/30/2013 Assigned Abbie N. Schwaderer 9/30/2013

County Mayor 9/26/2013 Assigned County Attorney 11/5/2013
REPORT: RER - Abbie Raurell - Comm. Diaz Sponsor - pending cmte - Attachment: Att. A, Exhibits 1 and 2

County Mayor 9/26/2013 Assigned Jack Osterholt 9/26/2013

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE RELEASE OF UNNEEDED CANAL RESERVATION LYING WITHIN THE SOUTHWEST ¼ OF SECTION 21, TOWNSHIP 52 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, Bellagio Lennar, LLC is the owner of the property in Section 21, Township 52 South and Range 40 East which is encumbered by those rights in reservation given to Miami-Dade County in 1959 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, Bellagio Lennar, LLC plans to develop the property and has requested the release of the 130 foot wide canal reservation along the west line of Section 21, Township 52 South and Range 40 East, with a total area of 3.94 acres; and
WHEREAS, there is no existing canal along NW 97 Avenue in the vicinity of NW 138 Street 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 21, Township 52 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 Hialeah, Miami-Dade County (WC-885)

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 Hialeah in Section 21, Township 52 South and Range 40 East, Miami-Dade County.

Scope
The site is in Commission District 12 (Commissioner Diaz) along the east side of NW 97 Avenue just north of NW 138 Street in the City of Hialeah. A location map is attached.

Fiscal Impact/Funding Source
The 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 D. 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 1959, 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 the Florida Flood Control District Deed No. 21, the rights in reservation were to be utilized for canal and levee purposes in connection with the Miami-Dade County Water Control Master Plan over the west 130 feet of Section 21, Township 52 South and Range 40 East. A location map is attached.

The property encumbered by the above-stated canal reservation is owned by Bellagio Lennar, LLC, a Florida limited liability company. This company plans to develop the property and has requested the release of the canal reservation along NW 97 Avenue. There is no existing canal along NW 97 Avenue and the Miami-Dade Water Control Master Plan shows no proposed canal at that location. The Miami-Dade County Public Works and Waste Management Department has confirmed that no canals are planned in this area. In consideration of this, the canal reservation, with total area of 3.94 acres, is no longer needed for the canal and water management purposes.

It is therefore recommended that the Board approve the attached resolution authorizing the execution of the County Disclaimer for the release of the unneeded canal reservation in the City of Hialeah in Section 21, Township 52 South, and Range 40 East in Miami-Dade County.


____________________________
Jack Osterholt, Deputy Mayor



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