Miami-Dade Legislative Item
File Number: 171103
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File Number: 171103 File Type: Resolution Status: Adopted
Version: 0 Reference: R-602-17 Control: County Commission
File Name: KROME AVENUE FROM SW 328 STREET TO STATE ROAD 5 Introduced: 4/21/2017
Requester: Transportation and Public Works Cost: Final Action: 6/6/2017
Agenda Date: 6/6/2017 Agenda Item Number: 8N5
Notes: Title: RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN PORTIONS OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY TO MIAMI-DADE COUNTY BY RECORDATION OF A QUIT CLAIM DEED OR A RIGHT-OF-WAY MAP BY FDOT FOR NO MONETARY CONSIDERATION IN ACCORDANCE WITH SECTION 335.0415, FLORIDA STATUTES, AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO ACCEPT SUCH DOCUMENTS 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 KROME AVENUE FROM SW 328 STREET TO STATE ROAD 5 (US-1) WITHIN THE UNINCORPORATED LIMITS OF MIAMI-DADE COUNTY AND TO EXERCISE ALL PROVISIONS THEREIN, AND TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAME
Indexes: KROME AVENUE
Sponsors: Dennis C. Moss, 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 8N5 Adopted P

Transportation and Public Works Committee 5/11/2017 3B 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 4/21/2017 Assigned Debra Herman 4/24/2017

Office of Agenda Coordination 4/21/2017 Assigned County Attorney 6/6/2017
REPORT: TPW - Debra Herman - pending May cmte - Commr. Moss Sponsor - Attachments: Agreement - Note: 8 pages

Alina Tejeda-Hudak 4/21/2017 Assigned Office of Agenda Coordination

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN PORTIONS OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) RIGHT-OF-WAY TO MIAMI-DADE COUNTY BY RECORDATION OF A QUIT CLAIM DEED OR A RIGHT-OF-WAY MAP BY FDOT FOR NO MONETARY CONSIDERATION IN ACCORDANCE WITH SECTION 335.0415, FLORIDA STATUTES, AUTHORIZING THE CHAIRPERSON OR VICE-CHAIRPERSON OF THE BOARD TO ACCEPT SUCH DOCUMENTS 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 KROME AVENUE FROM SW 328 STREET TO STATE ROAD 5 (US-1) WITHIN THE UNINCORPORATED LIMITS OF MIAMI-DADE COUNTY AND TO EXERCISE ALL PROVISIONS THEREIN, AND TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAME

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 a transfer of jurisdiction of the FDOT Right-of-Way from the State Road System to the County Highway System including a portion of Krome Avenue from SW 328 Street to State Road 5 (US-1) within the unincorporated limits of Miami-Dade County (the “FDOT Right-of-Way”); 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 “A,” transferring the FDOT Right-of-Way from FDOT to the County; and

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

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 FDOT Right-of-Way from the FDOT to the County as set forth herein, for no monetary consideration.

Section 3. This Board approves the Roadway Transfer Agreement between the County and FDOT attached hereto as Exhibit “A,” 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 the Department of Transportation.

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 Florida
Department of Transportation Right-of-Way to Miami-Dade County for that Portion of SW 177
Avenue (Krome Avenue) from SW 328 Street to State Road 5 (US-1) in Miami-Dade County, Florida

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the transfer of Florida Department of Transportation (FDOT) road right-of-way to Miami-Dade County (County), authorizing the County Mayor, or County Mayor’s designee, to take all actions necessary to effectuate same.

SCOPE
The County-maintained road is located within District 9, which is represented by Commissioner Dennis C. Moss.

FISCAL IMPACT
The total fiscal impact as a result of this conveyance being accepted is approximately $2,756.00 annually for maintenance costs associated with the subject rights-of-way being included in the Department of Transportation and Public Works (DTPW) inventory. These costs will be funded through DTPW’s General Fund allocation.

TRACK RECORD/MONITOR
DTPW is the entity overseeing this project and the person responsible for monitoring this transfer is Leandro Oña, Chief, Roadway Engineering and Right-of-Way Division

BACKGROUND
FDOT has been working since December 2014 on a project to build a “Truck By-Pass” along SW 312 Street (Campbell Drive) between SW 177 Avenue (Krome Avenue) and SR 5 (US-1). This project will improve mobility and alleviate traffic congestion. This will be accomplished by providing additional travel options and transit services will be enhanced to accommodate future growth and development in the area at no cost to the County. As a result of the above project, FDOT no longer needs a segment of Krome Avenue located between Campbell Drive and US-1, and has requested that this segment of Krome Avenue be accepted by the County as a County Road. All responsibilities for the road transfer are delineated in the attached “Roadway Transfer Agreement” attached to the resolution as Exhibit “A”.


________________
Alina T. Hudak
Deputy Mayor



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