TITLE
RESOLUTION DECLARING SURPLUS COUNTY-OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF SE 5 STREET AND SE 1 AVENUE TO THE CITY OF MIAMI IN ACCORDANCE WITH F.S. 125.38 AT NO COST; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD; AUTHORIZING THE COUNTY MAYOR OR MAYOR DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE CONVEYANCE OF SAID PROPERTY; AND AUTHORIZING THE CHAIRWOMAN OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY DEED FOR SUCH PURPOSE

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

WHEREAS, pursuant to Section 125.38 of the Florida Statutes, the Board has determined that it is in the best interest of the County to convey the County-owned property located at the northwest corner of the intersection of SE 5 Street and SE 1 Avenue in the City of Miami the purpose of road widening, at no cost; and

WHEREAS, the Board finds that pursuant to Section 125.38 of the Florida Statutes, said property is required and can be used for such purposes; is not needed for County purposes, and will be utilized for the benefit of the public and community interest, and welfare; and

WHEREAS, the City of Miami proposes to widen SE 5 Street under its Capital Improvement Project No. B-3063, �Miami River Greenway Streetscape in SE 5 Street from South Miami Bridge Overpass SR-5/Brickell Avenue� in Miami-Dade County; and

WHEREAS, in connection with said project, the City of Miami is widening SE 5 Street which will convert the existing road, currently 25 feet wide, to comply with the City code for traffic capacity in the Brickell area; and

WHEREAS, in order to improve said right-of-way, the area needs to be constructed to a typical right-of-way section of 50 feet, as defined by the City code, it is necessary that a certain County-owned parcel be acquired as a right-of-way by the City of Miami; and

WHEREAS, the City of Miami has requested the granting of such parcel as more particularly described in Exhibit �A�, attached hereto, which legal description encompasses approximately 1,750 square feet, located at the entrance of the Fifth Street Metromover Station at the northwest corner of the intersection of SE 5 Street and SE 1 Avenue; and

WHEREAS, the City of Miami has determined that this project will provide safety and benefit to the neighborhood and community. The improvements consist of a roadway design, construction, and beautification enhancements,

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. Pursuant to Section 125.38 of the Florida Statutes, this Board hereby declares surplus County-owned property located at the northwest corner of the intersection of SE 5 Street and SE 1 Avenue in the City of Miami, approves the conveyance at no cost to the City of Miami subject to the restrictions outlined in the attached County Deed; authorizes the County Mayor or Mayor�s designee to take all actions necessary to accomplish the conveyance of said real property, legally described in the aforementioned County Deed; authorizes waiving Administrative Order 8-4 as it pertains to review by the Planning Advisory Board, and authorizes the execution of said County Deed by the Board of County Commissioners acting by the Chairwoman or Vice-Chairperson of the Board.

Section 3. Pursuant to Resolution No. R-974-09, the Board directs the County Mayor or the Mayor�s designee to record the instruments of conveyance accepted herein in the Public Records of Miami-Dade County, Florida; and to provide recorded copies of the 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 recorded copies together with this resolution.

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Date: April 8, 2014

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

From: Carlos A. Gimenez
Mayor

Subject: Resolution Declaring as Surplus a Portion of the Fifth Street Metromover Station
Located at the Northwest Corner of the Intersection of SE 5 Street and SE 1 Avenue in

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution, which authorizes the following:
* Declares as surplus County-owned property (25 feet wide by 70 feet in length) located at the entrance of the Fifth Street Metromover Station at the northwest corner of the intersection of SE 5 Street and SE 1 Avenue, in the City of Miami (City).
* Authorizes the conveyance of the property to the City per the City�s request (attached), which is in accordance with Florida Statute 125.38.
* Waives Administrative Order 8-4 as it relates to review by the County�s Planning Advisory Board because the property is located within the City.

Scope
The property is located in County Commission District 5, which is represented by Commissioner Bruno A. Barreiro.

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

Track Record/Monitor
Carmen O. Gomez of the Real Estate Development Division in the Internal Services Department is managing the conveyance of this parcel.

Delegation of Authority
Authorizes the County Mayor or the Mayor�s designee to convey the property to the City of Miami at no cost, take all actions necessary to accomplish the conveyance of the property, and authorizes the Chairwoman or Vice Chair of the Board to execute a County Deed for such purpose.

MANAGER'S BACKGROUND
Background
The County received a formal request from the City of Miami for the conveyance of a 25 foot wide by 70 foot long strip of land located along the frontage of the Fifth Street Metromover Station for the purposes of widening SE 5 Street. Currently, the road right-of-way along this portion of SE 5 Street is only 25 feet in width, which is inadequate for the traffic capacity in the Brickell area. The planned improvements consist of roadway widening, the addition of sidewalks, and other roadway beautification enhancements. This project is part of the Miami River Greenway Initiative and will be constructed by the City of Miami at no cost to the County.

Florida Statute, Section 125.38, authorizes the Board to convey property to the City, a municipal corporation of the State of Florida, when the Board is satisfied that the property is not needed for County purposes and will be utilized for the benefit of the public or community interest and welfare. The Internal Services Department circulated this property to all County departments to determine whether the County has a present or future need for the property, in which none was determined.

The County Deed contains a restriction that states that the property is to be used for public and transportation purposes and other specific purposes and when, and if, the public use shall be discontinued, the title to the land described in Exhibit �A,� shall immediately revert to the County, its successors and assigns, and it shall have the right to immediately repossess the same. The County will also retain an easement in the County Deed for the right to operate and maintain the Metromover Guideway System that is located over and above the property. Attached is a letter from the U.S. Department of Transportation Federal Transit Administration approving the conveyance.

Additional property details are as follows, and shown in the attached property sketch:

LOCATION: Metro-Mover Station- NW Corner of the intersection of SE 5 Street and SE 1 Avenue

PROPERTY SIZE: 1,750 Square Feet

ZONING: T6-48B-0 (Miami River Green Regulatory Design Standards)

Attachments




__________________________
Edward Marquez
Deputy Mayor