Miami-Dade Legislative Item
File Number: 170891
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File Number: 170891 File Type: Resolution Status: Adopted
Version: 0 Reference: R-600-17 Control: County Commission
File Name: SW 312 ST TRANSFER AGREEMENT AND JURISDICTION Introduced: 4/4/2017
Requester: Transportation and Public Works Cost: Final Action: 6/6/2017
Agenda Date: 6/6/2017 Agenda Item Number: 8N3
Notes: Title: RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN PORTIONS OF MIAMI-DADE COUNTY RIGHT-OF-WAY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY QUIT CLAIM DEED FOR SUCH PURPOSE, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE A ROADWAY TRANSFER AGREEMENT TRANSFERRING JURISDICTION, OWNERSHIP, AND RESPONSIBILITY FOR THAT PORTION OF SW 312 STREET (CAMPBELL DRIVE) BETWEEN SW 177 AVENUE (KROME AVENUE) AND STATE ROAD 5 (US-1) WITHIN THE UNINCORPORATED LIMITS OF MIAMI-DADE COUNTY AND TO EXERCISE ALL PROVISIONS THEREIN, APPROVING THE COUNTY QUIT CLAIM DEED FOR NO MONETARY CONSIDERATION IN ACCORDANCE WITH SECTION 335.0415, FLORIDA STATUTES, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAME, AND AUTHORIZING THE RECORDING THEREOF AMONG THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA
Indexes: TRANSFER
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 6/6/2017 8N3 Adopted P

Transportation and Public Works Committee 5/11/2017 3C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Annery Alfonso read the foregoing proposed resolution into the record. Hearing no questions or comments, the TPW Committee voted to forward the foregoing proposed resolution to the Board of County Commissioners, as presented.

County Attorney 4/17/2017 Assigned Debra Herman 4/18/2017

Office of Agenda Coordination 4/4/2017 Assigned County Attorney 6/6/2017
REPORT: TPW - Commissioner Levine Cava Sponsors - Pending May Cmte - County Attorney: Debra Herman - Attachments: Agreement - Page Numbers: 11

Alina Tejeda-Hudak 4/4/2017 Assigned Office of Agenda Coordination 4/4/2017 4/4/2017

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN PORTIONS OF MIAMI-DADE COUNTY RIGHT-OF-WAY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY QUIT CLAIM DEED FOR SUCH PURPOSE, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE A ROADWAY TRANSFER AGREEMENT TRANSFERRING JURISDICTION, OWNERSHIP, AND RESPONSIBILITY FOR THAT PORTION OF SW 312 STREET (CAMPBELL DRIVE) BETWEEN SW 177 AVENUE (KROME AVENUE) AND STATE ROAD 5 (US-1) WITHIN THE UNINCORPORATED LIMITS OF MIAMI-DADE COUNTY AND TO EXERCISE ALL PROVISIONS THEREIN, APPROVING THE COUNTY QUIT CLAIM DEED FOR NO MONETARY CONSIDERATION IN ACCORDANCE WITH SECTION 335.0415, FLORIDA STATUTES, AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAME, AND AUTHORIZING THE RECORDING THEREOF AMONG THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA

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, the Florida Department of Transportation (FDOT) has requested the transfer of the right-of-way including the portion of SW 312 Street (Campbell Drive) between SW 177 Avenue (Krome Avenue) and State Road 5 (US-1) within the unincorporated limits of Miami-Dade County as set forth in the County Quit Claim Deed attached as Exhibit “1”; and

WHEREAS, FDOT has requested a transfer of jurisdiction of the County Right-of-Way from the County Road System to the State Highway System; and

WHEREAS, the Director of the Department of Transportation and Public Works has recommended that a Roadway Transfer Agreement document be executed, attached as Exhibit “2,” transferring the County Right-of-Way; and

WHEREAS, pursuant to Section 335.0415 (3), Florida Statutes, public roads right-of-way may be transferred by mutual agreement of the affected governmental entities, upon approval by the Secretary of FDOT,

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

Section 1. The foregoing recitals are incorporated and adopted herein.

Section 2. This Board approves the transfer of the County Right-of-Way to FDOT as set forth herein, for no monetary consideration, and authorizes the Chairperson or Vice-Chairperson of the Board to execute a County Quit Claim Deed in substantially the form attached as Exhibit “1.”

Section 3. This Board approves the Roadway Transfer Agreement between Miami-Dade County and FDOT attached hereto as Exhibit “2,” pursuant to Section 335.0415, Florida Statutes, and authorizes the County Mayor or County Mayor’s designee to execute same in substantially the form attached hereto, to exercise the provisions therein, to take all actions necessary to accomplish the transfer of jurisdiction and to effectuate same, and to obtain the written approval of the road transfer agreement by the Secretary of FDOT.

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

HEADER
Date:
To: Honorable Chairman Esteban L. Bovo, Jr.,
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing a Roadway Transfer Agreement and a Transfer of
Jurisdiction of Miami-Dade County Maintained Road Right-of-Way to the Florida
Department of Transportation for that portion of SW 312 Street (Campbell Drive)
between SW 177 Avenue (Krome Avenue) and State Road 5 (US-1) in

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the transfer of Miami-Dade County (County) maintained road right-of-way to the Florida Department of Transportation (FDOT), authorizing the Chairperson or Vice-Chairperson of the Board to execute a County Quit Claim Deed, authorizing the County Mayor or County Mayor’s designee to execute a Road Transfer Agreement, and authorizing the County Mayor or County Mayor’s designee to take all actions necessary to effectuate same.

Scope
This County maintained road is located within District 8, which is represented by Commissioner Daniella Levine Cava.

Fiscal Impact/Funding Source
There is a reduction of maintenance costs of approximately $28,019.92 annually associated with the transfer of this road right-of-way.

Track Record/Monitor
The Transportation and Public Works Department is the entity overseeing this project and the person responsible for monitoring is Leandro Oña, P.E., Chief, Roadway Engineering and Right-of-Way Division.

Background
FDOT has been working since December 2014 to build a “Truck By-Pass” along SW 312 Street (Campbell Drive) between SW 177 Avenue (Krome Avenue) and SR 5 (US-1). The State requested this transfer since connecting these two (2) important State Roads will improve mobility and traffic, additional travel options will be provided, and transit services will be enhanced to accommodate future growth and development in the area at no cost to the County. The Secretary of FDOT will commence jurisdictional and maintenance responsibilities of this minor arterial after the approval by the Board of this “Roadway Transfer Agreement,” subsequent to recordation of the Deed and execution of the agreement.



_______________________________
Alina T. Hudak
Deputy Mayor



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