Miami-Dade Legislative Item
File Number: 140100
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File Number: 140100 File Type: Resolution Status: Adopted
Version: 0 Reference: R-221-14 Control: County Commission
File Name: PHCD FDOT CULMER PLACE CONVEYANCE Introduced: 1/15/2014
Requester: Public Housing and Community Development Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 8K1
Notes: Title: RESOLUTION AUTHORIZING THE CONVEYANCE OF A PERMANENT CONSTRUCTION EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN ACCORDANCE WITH FLORIDA STATUTE SECTION 337.29, FOR NO MONETARY CONSIDERATION, IN, OVER, UNDER, UPON AND THROUGH A PORTION OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A MAST-ARM TRAFFIC SIGNAL AT THE INTERSECTION OF NW 7TH AVENUE AND NW 10TH STREET ALSO KNOWN AS PARCEL NO. 800, NOT NEEDED FOR COUNTY PURPOSES; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN
Indexes: CONVEYANCE
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 3/4/2014 8K1 Adopted P

Infrastructure & Capital Improvements Committee 2/11/2014 3A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Henry Gillman read the foregoing proposed resolution into the record. Chairman Zapata called for members of the public wishing to be heard on the foregoing proposed resolution, but no one appeared. Hearing no discussion, the Committee proceeded to vote on the foregoing proposed resolution as presented.

County Attorney 1/17/2014 Assigned Terrence A. Smith 1/22/2014

County Mayor 1/15/2014 Assigned County Attorney 3/4/2014
REPORT: PHCD - Commissioner Edmonson sponsors - Pending Feb cmte - County Attorney: Terrence Smith - Attachments: Exhibit A from FDOT

County Mayor 1/15/2014 Assigned Russell Benford 1/15/2014

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE CONVEYANCE OF A PERMANENT CONSTRUCTION EASEMENT TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN ACCORDANCE WITH FLORIDA STATUTE SECTION 337.29, FOR NO MONETARY CONSIDERATION, IN, OVER, UNDER, UPON AND THROUGH A PORTION OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING A MAST-ARM TRAFFIC SIGNAL AT THE INTERSECTION OF NW 7TH AVENUE AND NW 10TH STREET ALSO KNOWN AS PARCEL NO. 800, NOT NEEDED FOR COUNTY PURPOSES; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXERCISE ANY AND ALL OTHER RIGHTS CONFERRED THEREIN

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

WHEREAS, the State of Florida Department of Transportation (Department of Transportation) proposes to improve State Road 7 (NW 7th Avenue), Roadway Project Identification No. 425598-1-01 in Miami-Dade County; and

WHEREAS, in connection with said project, the Department of Transportation improvements will include reconstruction of the roadway, installing new drainage system, installing new sidewalks and pedestrian ramps to comply with the American with Disabilities Act standards, installing new pedestrian traffic signs and signals, and installing new street lighting; and

WHEREAS, in order for the Department of Transportation to make these modifications, certain County-owned land must be acquired as an easement by the Department of Transportation; and

WHEREAS, the Department of Transportation has requested the granting of such easement as more particularly described in Exhibit “A” to the Perpetual Easement attached hereto (Easement) which legal description encompasses a 30.6 square foot parcel, located at the intersection of NW 7th Avenue and NW 10th Street; and

WHEREAS, the Board finds that pursuant to Section 125.38 of the Florida Statutes, that said property is required for such use, is not needed for County purposes, and would promote community interest, and welfare,

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

Section 1. Adopts the foregoing recitals incorporated as if fully set forth herein.

Section 2. Approves the granting of the Easement for no monetary consideration pursuant to Section 125.38, Florida Statutes subject to the restriction that said parcel be used by the Department of Transportation for transportation-related improvements to State Road 7.

Section 3. The County Mayor or County Mayor’s designee is authorized to execute said Easement on behalf of Miami-Dade County and to exercise the provisions therein.

Section 4. Pursuant to Resolution No. R-974-09, (a) directs the County Mayor or County Mayor’s designee to record the instrument of conveyance executed herein in the Public Records of Miami-Dade County and to provide a recorded copy of the instrument to the Clerk of the Board within (30) days of execution of said instrument; and (b) directs the Clerk of the Board to attach and permanently store a recorded copy of said instrument together with this resolution.

HEADER
Date: March 4, 2014

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Conveyance of a Permanent Easement to the Florida
Department of Transportation for Construction and Maintenance of a Signal Mast Arm
at Intersection of NW 7th Avenue and NW 10th Street

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) authorize the conveyance of a permanent construction easement of approximately 30 square feet to the Florida Department of Transportation (Department of Transportation) for the purpose of constructing and maintaining a signal mast arm at the intersection of NW 7th Avenue and NW 10th Street. It is further recommended that the Board authorize the County Mayor or County Mayor’s designee to execute the conveyance for and on behalf of Miami-Dade County; and authorize the County Mayor or County Mayor’s designee to exercise any and all other rights conferred therein.

Scope
The segment impacting County-owned land is only on Segment No. 425598-1 at the intersection of NW 7th Avenue and NW 10th Street, which impacts Culmer Place, Folio No.01-0101-010-2030, a family public housing development located on the east side of 7th Avenue and administered by Miami-Dade Public Housing and Community Development (Department). This property is located in Commission District 3 represented by Commissioner Audrey M. Edmonson.

Fiscal Impact/Funding Source
There is no fiscal impact associated with the conveyance of the easement.

Track Record/Monitor
The County has given easements to the Department of Transportation in the past. Jorge Cibran, director of Facilities and Development for the Department, will monitor the conveyance of this easement.

MANAGER'S BACKGROUND
Background
On December 30, 2013, Miami-Dade County received a revised request for approximately 30.6 square foot property donation from the Department of Transportation regarding Segment No. 425598-1, Parcel No. 800, and Folio No. 01-0101-010-2030, which is County-owned land. The Department of Transportation-District Six is developing the design for a roadway project along State Road 7/NW 7th Avenue, in Miami–Dade County, specifically from NW 8th Street to NW 36th Street (known as Project ID No. 425598-152-01) and NW 36th Street to north of NW 78th Street (known as Project ID No. 430817-1-52-01).

Improvements will include reconstruction of the roadway, installing new drainage system, installing new sidewalks and pedestrian ramps to comply with American with Disabilities Act standards, installing new pedestrian traffic signs and signals, and installing new street lighting. Project dates, estimated construction costs and possible effects during construction are provided on the attached Exhibit “A.”

Pursuant to Section 337.29 of the Florida Statues and the Department of Transportation’s Right of Way Procedures, the Department of Transportation may accept donations for acquiring rights of way from local governmental agencies. In order to make these modifications, the Department of Transportation requires this easement donation from the County to construct and maintain these improvements.

Attachment



_______________________________
Russell Benford, Deputy Mayor



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