TITLE
RESOLUTION APPROVING, PURSUANT TO SECTION 125.37, FLORIDA STATUTES, AN EXCHANGE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) FOR THE CONVEYANCE TO THE COUNTY OF FIVE FEE SIMPLE PARCELS OWNED BY SFWMD IDENTIFIED AS PARCELS 2, 5, 7, 8, AND 11 COMPRISING 1.318 ACRES AS IDENTIFIED IN RESOLUTION NOS. R-955-20, R-978-20, R-980-20, R-981-20, AND R-984-20 AND REQUIRED IN CONNECTION WITH COUNTY ROADWAY IMPROVEMENTS TO SW 157TH AVENUE, IN EXCHANGE FOR THE CONVEYANCE TO SFWMD OF A 3.889-ACRE TRACT OF COUNTY-OWNED LAND BOUNDED ON THE NORTH BY SW 26 STREET, THE SOUTH BY SW 28 STREET, THE WEST BY SW 173 AVENUE, AND THE EAST BY SW 172 COURT (COUNTY PROPERTY) OF EQUAL VALUE; DECLARING COUNTY PROPERTY SURPLUS, ELECTING NOT TO RESERVE MINERAL RIGHTS PURSUANT TO SECTION 270.11, FLORIDA STATUTES, AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO EXECUTE THE LAND EXCHANGE AGREEMENT AND TO ACCEPT CONVEYANCE OF SFWMD PROPERTY, TO EXERCISE ALL RIGHTS CONFERRED THEREIN, AND TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAME; AUTHORIZING THE CHAIRPERSON OR VICE- CHAIRPERSON OF THE BOARD TO EXECUTE A COUNTY DEED

BODY
WHEREAS, pursuant to Resolution Nos. R-975-20, R-978-20, R-980-20, R-981-20, and R-984-20, this Board authorized the acquisition in fee simple of the properties known as Parcels 2, 5, 7, 8 and 11 from the SFWMD (the �SFWMD Property�) comprising 1.318 acres located along the west right-of-way line of SW 157th Avenue between SW 42nd Street and SW 26th Street required by the County for the public purpose of roadway expansion and improvements to SW 157th Avenue (the �County Roadway Project�), including the initiation of eminent domain proceedings; and

WHEREAS, the SFWMD Property is encumbered by grant restrictions which require the conveyance to SFWMD of replacement land of equal value that meets the same criteria as the lands being conveyed to the County, rather than monetary consideration; and

WHEREAS, the County owns 3.889 acres of land located within the Bird Drive Basin which is acceptable to SFWMD and meets the necessary criteria for replacement of the SFWMD Property, as legally described in the County Deeds attached to the Mayor�s memorandum as Exhibits �C� and �D� (the �County Deeds�) of the Exchange Agreement; and

WHEREAS, the SFWMD Property has an appraised value equal to the appraised value of the County property, of $175,000.00; and

WHEREAS, in exchange for conveying the County property to SFWMD, the County will receive five (5) fee simple parcels from SFWMD by an SFWMD Quit Claim Deeds over the SFWMD Property, attached to the Mayor�s Memorandum as Exhibit �E� (the �SFWMD Property Deed�), including all rights necessary to construct and maintain the County Roadway Project; and

WHEREAS, the County property is not needed for County purposes, and it is in the best interest of the County to exchange the County property for the SFWMD Property which the County needs for the County Roadway Project in accordance with the Exchange Agreement attached to the Mayor�s memorandum as Exhibit �1� (the �Exchange Agreement�); and

WHEREAS, pursuant to section 270.11, Florida Statutes, the County and SFWMD have elected not to reserve any interests in phosphate, minerals, and metals on the properties
being exchanged; and

WHEREAS, the administration has performed all necessary due diligence, and has confirmed that no obstacles or impediments exist with respect to the conveyance of the
County property to SFWMD; and

WHEREAS, pursuant to section 125.37, Florida Statues, this Board may authorize this property exchange; and

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:

Section 1. This Board adopts and incorporates the foregoing recitals.

Section 2. This Board approves the Exchange Agreement in substantially the form attached to the Mayor�s memorandum as Exhibit �1� and authorizes the exchange of the County property for the SFWMD Property.

Section 3. This Board finds that the County property is not needed for County purposes and that the SFWMD Property is needed for a County purpose, that it is in the County�s best interest to exchange the County property for the SFWMD Property, and pursuant to section 125.37, Florida Statutes, approves the property exchange and: (i) declares the County property surplus; (ii) elects not to reserve the County�s interests and title to phosphate, minerals, and metals in the County property; (iii) authorizes the Chairperson or Vice-Chairperson of the Board to execute the County Deeds conveying the County property to SFWMD in substantially the form attached to the Mayor�s memorandum as Exhibits �C� and �D� of the Exchange Agreement; (iv) authorizes the County Mayor or County Mayor�s designee to execute the Exchange Agreement and to accept the conveyance of the SFWMD Deeds in substantially the form attached to the Mayor�s memorandum as Exhibit �E� of the Exchange Agreement; and (v) authorizes the County Mayor or County Mayor�s designee to exercise all rights contained in the Exchange Agreement, the County Deeds, and the SFWMD Deed, and to take all actions necessary to effectuate this transaction.

Section 4. Pursuant to Resolution No. R-974-09, the County Mayor or County Mayor�s designee shall record all instruments of conveyance in connection with such exchange in the Public Records of Miami-Dade County, Florida and shall provide a recorded copy of the instruments to the Clerk of the Board within 30 days of execution of said instrument. This Board directs the Clerk of the Board to attach and permanently store a recorded copy of said instruments together with this resolution.

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Date:

To: Honorable Chairman Anthony Rodriguez
and Members, Board of County Commissioners

From: Daniella Levine Cava
Mayor

Subject: Resolution Authorizing an Agreement to Exchange Property between Miami-Dade County and the South Florida Water Management District (SFWMD), the Acceptance of Lands from SFWMD Needed for the County�s Roadway Improvement Project, and the Conveyance of County Lands of Equivalent Value to SFWMD

STAFF RECOMMENDATION
Executive Summary
This item requests that the Board of County Commissioners (Board) grant approval for the transfer and exchange of County-owned property for State-owned property, currently held by SFWMD, needed by the County for roadway purposes as set forth in Board approved Resolution Nos. R-955-20, R-978-20, R-980-20, R-981-20, and R-984-20 (approved October 6, 2020). Specifically, in exchange for title to the SFWMD property needed by the County, SFWMD has agreed to accept title to County-owned property of equivalent value. This item provides for the County�s approval and acceptance of these exchanges.

Recommendation
It is recommended that the Board approve the attached resolution authorizing the County, pursuant to Section 125.37, Florida Statues and portions of County Implementing Order 8-4, to enter into the Agreement with the SFWMD to exchange County property (Folio Nos. 30-4918-001-0050 and 30-4918-001-0052) identified as Exhibits B1 and B2 to the Agreement, for portions of SFWMD-owned land identified as Exhibit A. A copy of the Agreement is attached hereto as Exhibit 1.

Specifically, the resolution also authorizes the County Mayor or County Mayor's designee to execute the Agreement; to exercise any and all rights conferred therein; to take all actions necessary to effectuate same and to provide a report to the Board; to execute County Deeds for County property to SFWMD and accept conveyances of the SFWMD property; and to record said deeds in the public records of Miami-Dade County.

Scope
The impact of this project is countywide; however, it is located within District 11, represented by Commissioner Roberto J. Gonzalez.

Delegation of Authority
The resolution authorizes the County Mayor or the County Mayor's designee to take any and all appropriate actions to effectuate and execute the Agreement, to exercise all rights conferred therein, to exchange properties with SFWMD, and to record the instruments of conveyances in the Public Records of Miami-Dade County.
Fiscal Impact/Funding Source
Funding for the design, construction, and right-of-way acquisition of all parcels is estimated at $26,593,000. For design and construction, currently, $11,593,000 is allocated in Multimodal Mobility Impact Fees (MIF Zone D), programmed within the FY25-26 Adopted Budget & Multi-Year Capital Plan, $5,000,000 funded by General Fund Operations, and $10,000,000 funded by a Florida Department of Environmental Protection grant awarded to the County. Once the project is complete, the annual maintenance and operational cost of approximately $26,592.62 is anticipated and will be funded through the Department of Transportation and Public Works' General Fund allocation. The value of the parcels being acquired by the County and being conveyed by the County are equivalent and are described herein.

Program/Program Number Adopted Budget Funding Source(s)
Road Widening � Countywide -
2000000540
FY 25-26 Adopted Budget & Multi-Year Capital Plan;
Volume 2, Page 158 Mobility Impact Fees � Road District D
General Fund Operations � G1001
Florida Department of Environmental Protection � Grant

Track Record/Monitor
The Department of Transportation and Public Works oversees this item, and the person responsible for monitoring it is Javier M. Bustamante, Assistant Director, Project Management & Support Services.

Background
On October 6, 2020, the Board approved Resolution Nos. R-955-20, R-978-20, R-980-20, R-981-20, and R-984-20, authorizing the County to purchase, or alternatively to condemn by eminent domain the SFWMD property (identified as parcels 2, 5, 7, 8, and 11). The acquisition of the SFWMD property is necessary for the County�s roadway project involving road widening, beautification, and right-of-way improvements to SW 157 Avenue. Specifically, the project consists of the widening of SW 157 Avenue from SW 42 Street to SW 26 Street to a four-lane roadway with new raised landscape medians, irrigation, sidewalks, curb and gutters, storm drainage system, pavement markings and signage, intersection and signalization improvements, and roadway lighting.

The SFWMD property is located adjacent to the west side of SW 157 Avenue within Miami-Dade County and consists of 1.318 acres. On June 8, 2022, DTPW offered to purchase the SFWMD property for the appraised value of $175,000.00. On June 17, 2022, SFWMD counteroffered a land exchange of equivalent value in lieu of a purchase, due to a Declaration of Interest encumbrance, and identified a 10-acre tract of County-owned property within the same Bird Drive Basin as the SFWMD land that met their exchange requirements. The County property was appraised at $45,000.00 per acre. The SFWMD land valued at $175,000.00 was then divided by $45,000.00 (the appraised value of the County land) to determine how many acres of County land would be necessary to match the value of the SFWMD land. This resulted in 3.889 acres of County land being needed for a dollar-for-dollar exchange. The Agreement contemplates the acquisition by the County of the SFWMD property (1.318 acres of land) valued at $175,000.00 in exchange for County property (3.889 acres of land) valued at $175,000.00.
The County Property consists of two tracts identified as Exhibits B1 and B2 to the Agreement. County Deeds will convey the County property to SFWMD and Quit Claim Deeds will convey the SFWMD property to the County.

The County property will be conveyed to SFWMD pursuant to Section 125.37, Florida Statutes, which states that whenever, in the opinion of the Board, the County holds and possesses any real property not needed for County purposes, such property may be in the County's best interest exchanged for other real property, which the County may desire to acquire for County purposes. The Board is authorized and empowered to make such an exchange. As required by Section 125.37, Florida Statutes, a notice of the exchange of these properties has been published. In compliance with Section 270.11 (1), Florida Statutes, both parties have chosen not to reserve their phosphate, mineral, metal, or petroleum rights in the properties being exchanged.

_________________________
Jimmy Morales
Chief Operating Officer