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RESOLUTION AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR�S DESIGNEE TO ACCEPT AN OFFER TO SELL PROPERTY AT THE NEGOTIATED PURCHASE AMOUNT OF $184,100.00 FOR THE ACQUISITION OF PARCEL 17, A PROPERTY LOCATED ALONG SW 137 AVENUE, FOR RIGHT-OF-WAY NEEDED FOR THE PEOPLE�S TRANSPORTATION PLAN PROJECT ENTITLED IMPROVEMENTS TO SW 137 AVENUE FROM THE HOMESTEAD EXTENSION OF FLORIDA�S TURNPIKE TO US-1, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO PERFORM ALL ACTS NECESSARY TO EFFECTUATE THE PURCHASE OF THE PROPERTY; AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS FOR SUCH PURPOSES

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

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board ratifies and adopts those matters set forth in the foregoing recital; authorizes and directs the County Mayor or County Mayor�s designee to execute the contract for sale and purchase attached as Exhibit �C� to the Mayors Memorandum and to perform all acts necessary to carry out the terms of the contract and to effectuate the purchase of the property in order to acquire the property needed for the project known as Improvements to SW 137 Avenue from the Homestead Extension of Florida�s Turnpike to US-1; and authorizes the use of Charter County Transportation Surtax Funds in connection with such purchase; and, pursuant to Resolution No. R-974-09, directs the County Mayor or the County Mayor�s designee to record all instruments of conveyance in connection with such purchase in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of all such instruments to the Clerk of the Board within 30 days of execution of said instruments; and directs the Clerk of the Board to attach and permanently store a recorded copy of each of said instruments together with this resolution.

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Date:

To: Honorable Chairman Jean Monestime
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the County Mayor or the County Mayor�s Designee to Acquire
Additional Right-of Way needed for a Radius Return and to Accept an Offer to Sell
Property at the Negotiated Settlement Amount of $184,100.00 for the Acquisition of
the Property known as Parcel 17, located on SW 137 Avenue, for right-of-Way Needed
for the People�s Transportation Plan Project Entitled Improvements to SW 137 Avenue,
from the Homestead Extension of Florida�s Turnpike to US-1, and Authorizing the Use
of Charter County Transportation Surtax Funds for Such Purposes

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) authorize the Miami-Dade County (County) Mayor or the County Mayor�s Designee to accept an offer to buy additional right-of-way needed for a radius return, which provides a smooth transition from the corner of SW 137 Avenue onto SW 252 Street, and to acquire the property known as Parcel 17 at the appraised amount of $179,100.00, which is needed as part of the People�s Transportation Plan (PTP) Project entitled Improvements to SW 137 Avenue from the Homestead Extension of Florida�s Turnpike (HEFT) to US-1 under the terms and conditions stipulated in the Contract for Sale and Purchase, which is attached hereto as Exhibit �C.�

This resolution will be placed for Committee review pursuant to the County Code Section 29-124(f). This item may only be considered by the Board if the Citizens� Independent Transportation Trust (CITT) has forwarded a recommendation to the Board prior to the date scheduled for Board consideration or 45 days have elapsed since the filing with the Clerk of the Board of this item. If the CITT has not forwarded a recommendation and 45 days have not elapsed since the filing of this item, I will request a withdrawal of this item.

Scope
The property to be acquired is located on SW 137 Avenue within Commissioner Daniella Levine Cava�s District 8 and Commissioner Dennis C. Moss� District 9, and is needed for the PTP Project entitled improvements to SW 137 Avenue, from the HEFT to US-1. This project is beneficial countywide as it provides improved traffic capacity along this north/south corridor.

Fiscal Impact/Funding Source
Funding for the right-of-way acquisition and construction of this project will be provided by the PTP Bond Program, and is programmed within the adopted Fiscal Year 2015-16 Adopted Budget and Multi-Year Capital Plan (Project 607930). This project was specifically listed in the PTP as one (1) of the Board requested improvement projects for Commission District 8.

Track Record/Monitor
The Department of Transportation and Public Works (DTPW) is the entity overseeing this item and the person responsible is Francisco Fernandez, Chief Real Estate Officer of DTPW�s Roadway Engineering and Right-of-Way Division.

Background
This resolution is for the approval of the acquisition of Parcel 17, which is required for DTPW�s programmed improvements to SW 137 Avenue, from the HEFT to US-1. The area to be acquired by DTPW for the street improvements is legally described in Exhibit �A� and illustrated in the parcel location map in Exhibit �B,� attached hereto. This project consists of road widening, beautification, and right-of-way improvements, and includes reconstruction of the existing roadway to include a raised landscape median, bicycle facilities, sidewalks, curb and gutters, a continuous storm drainage system, signalization, pavement markings and signage, and roadway lighting. This project will improve traffic mobility and capacity, and will beautify SW 137 Avenue from HEFT to US-1.

The subject property, inclusive of the additional right-of-way needed for the radius return, was appraised on November 19, 2015, which established the market value at $179,100.00. Therefore, an offer was made to the owner, at the appraised value. The property owner accepted the offer plus reasonable attorney fees of $5,000.00.

This $184,100.00 settlement amount is recommended as being in the best interest of the County, considering the statutory requirement that the County, absent such a settlement, must pay for the owner�s attorneys� fees, expert fees, and costs associated with trial. Additionally, the County would save the time, resources, and expenses associated with eminent domain proceedings, which would have otherwise been required. It is therefore requested that the attached Contract for Sale and Purchase in the amount of $184,100.00 be approved, and that the County Mayor or the County Mayor�s designee perform all acts necessary to effectuate the purchase of the property.


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Jack Osterholt
Deputy Mayor