Miami-Dade Legislative Item
File Number: 161159
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File Number: 161159 File Type: Resolution Status: Adopted
Version: 0 Reference: R-650-16 Control: Board of County Commissioners
File Name: NATIONAL PARK SERVICES; WASD SURPLUS PROPERTY Introduced: 5/18/2016
Requester: NONE Cost: Final Action: 7/6/2016
Agenda Date: 7/6/2016 Agenda Item Number: 11A1
Notes: Title: RESOLUTION AUTHORIZING CONVEYANCE TO THE UNITED STATES OF AMERICA THROUGH ITS NATIONAL PARK SERVICE OF COUNTY-OWNED PROPERTY (FOLIO NO. 30-6022-000-0010) LOCATED NORTH OF BLACK POINT MARINA AT NO COST AND IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38 IN ORDER TO ASSIST WITH THE ECOLOGICAL RESTORATION OF BISCAYNE BAY AS PART OF THE COMPREHENSIVE EVERGLADES RESTORATION PLAN; AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY DEED FOR SUCH PURPOSES; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE CONVEYANCE OF PROPERTY AND TO ENFORCE THE PROVISIONS SET FORTH IN THE COUNTY DEED
Indexes: CONVEYANCE OF PROPERY
  EVERGLADES
  SURPLUS PROPERTY
  WATER AND SEWER
Sponsors: Daniella Levine Cava, 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 7/6/2016 11A1 Adopted P

Unincorporated Municipal Service Area (UMSA) Cmte 6/14/2016 2A Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Miguel Gonzalez read into the record the title of the foregoing proposed resolution. Commissioner Levine Cava thanked the Director of Miami-Dade’s Water and Sewer Department, Mr. Lester Sola for recommending the transfer of the land to the National Park Service (NPS) and acknowledged the significance of the transfer, not only with regards to its timing, to commemorate the 100th anniversary of the NPS, but more specifically, its role in the ecological restoration of Biscayne Bay as part of the Comprehensive Everglades Restoration Plan. There being no further comments or objections, the members of this Committee proceeded to take a vote on the foregoing resolution as presented. Later in the meeting, Commissioner Levine Cava requested that the Board of County Commissioners’ Rules of Procedures be waived and that this item be heard at the Board meeting scheduled for July 6, 2016. Chairman Souto asked staff to prepare the appropriate memorandum requesting that Chairman Monestime waive the Board’s rules and allow this proposed resolution to be forwarded for consideration at the July 6, 2016 County Commission meeting.

County Attorney 5/18/2016 Referred Unincorporated Municipal Service Area (UMSA) Cmte 6/14/2016

County Attorney 5/18/2016 Assigned Sarah E. Davis 5/19/2016

Legislative Text


TITLE
RESOLUTION AUTHORIZING CONVEYANCE TO THE UNITED STATES OF AMERICA THROUGH ITS NATIONAL PARK SERVICE OF COUNTY-OWNED PROPERTY (FOLIO NO. 30-6022-000-0010) LOCATED NORTH OF BLACK POINT MARINA AT NO COST AND IN ACCORDANCE WITH FLORIDA STATUTE SECTION 125.38 IN ORDER TO ASSIST WITH THE ECOLOGICAL RESTORATION OF BISCAYNE BAY AS PART OF THE COMPREHENSIVE EVERGLADES RESTORATION PLAN; AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY DEED FOR SUCH PURPOSES; WAIVING ADMINISTRATIVE ORDER 8-4 AS IT RELATES TO REVIEW BY THE PLANNING ADVISORY BOARD; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE CONVEYANCE OF PROPERTY AND TO ENFORCE THE PROVISIONS SET FORTH IN THE COUNTY DEED

BODY
WHEREAS, the National Park Service, an agency of the Department of the Interior of the United States, which maintains and preserves Biscayne National Park, has requested that the County convey a 44.55-acre County-owned parcel, located just north of Black Point Marina, bearing Folio No. 30-6022-000-0010, also known as Otter Corner, to the National Park Service (hereinafter, the �Property�); and
WHEREAS, the Property is located within the footprint of the Biscayne Bay Wetlands Phase I, which is the part of the Comprehensive Everglades Restoration Plan that seeks to ecologically restore Biscayne Bay; and
WHEREAS, due to a flowage easement granted to the South Florida Water Management District by the County through Miami-Dade County Resolution No. R-764-08, the Property is already being utilized as part of the Biscayne Bay Wetlands Phase I; and
WHEREAS, the County is satisfied that the Property will continue to be used for said purpose if conveyed to the United States and that the intended use would promote community interest and welfare; and
WHEREAS, pursuant to Section 125.38 of the Florida Statutes, the County is satisfied that the conveyance of the Property to the United States serves the best interest of the public and the County; and
WHEREAS, the County is not using the Property for any County purpose and does not foresee using the Property for any County purpose; and
WHEREAS, pursuant to Administrative Order 8-4, Miami-Dade County Internal Services Department has announced the availability of the Property to all County departments, and no County department has expressed an interest in the Property; and
WHEREAS, this Board has reviewed and is satisfied with the information submitted in accordance with Resolution No. R-333-15 regarding the Property, which information is attached hereto as Exhibit 1 and incorporated herein by reference; and
WHEREAS, the Board desires to grant the County Mayor or County Mayor�s designee the authority to take all actions necessary to accomplish the conveyance of the Property, which Property is legally described in Exhibit A of the accompanying County Deed, which is attached hereto as Exhibit 2,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts the matters set forth in the foregoing recitals.
Section 2. This Board approves the conveyance, at no cost, of the Property to the United States of America, through its National Park Services, to be used for the ecological restoration of Biscayne Bay and for other park purposes, pursuant to Section 125.38 of the Florida Statutes; waives Administrative Order 8-4 as it relates to review by the Planning Advisory Board; authorizes the Chairperson or Vice-Chairperson of the Board, pursuant to Section 125.411, Florida Statues, to execute the County Deed in substantially the form attached as Exhibit �2;� and authorizes the County Mayor or County Mayor�s designee to take all actions necessary to effectuate this conveyance and to exercise all rights set forth in the County Deed, including recording an instrument in the Public Record of Miami-Dade County.
Section 3. This Board directs the County Mayor or County Mayor�s designee to appoint staff to monitor compliance with the terms of this conveyance.
Section 4. This Board directs the County Mayor or County Mayor�s designee, pursuant to Resolution No. R-974-09, 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 30 days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy of said instrument together with this resolution.



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