TITLE
RESOLUTION AUTHORIZING THE CONVEYANCE OF PERPETUAL EASEMENT PARCELS 800 AND 801, LOCATED AT THE SW CORNER OF THE INTERSECTION OF SR 860/MIAMI GARDENS DRIVE WITH NW 37 AVENUE, AND AT THE SE CORNER OF THE INTERSECTION OF SR 860/MIAMI GARDENS DRIVE WITH NE 6 AVENUE, TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN ACCORDANCE WITH SECTION 125.38, FLORIDA STATUTES, FOR A NOMINAL PRICE OF $1.00, FOR A ROADWAY IMPROVEMENT PROJECT; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO ACCOMPLISH THE CONVEYANCE OF THE SAME; AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE PERPETUAL EASEMENTS AND TO EXERCISE ALL RIGHTS CONFERRED THEREIN

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying County Mayor's memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the Florida Department of Transportation (FDOT) desires the conveyance of perpetual easements upon two portions of certain County-owned property located at the SW corner of the intersection of SR 860/Miami Gardens Drive with NW 37 Avenue, and at the SE corner of the intersection of SR 860/Miami Gardens Drive with NE 6 Avenue, as identified, depicted, and described by Exhibit A in Attachment 1 to the County Mayor's memorandum, referred to as Parcel No. 800 and Parcel 801 (the Perpetual Easements ); and

WHEREAS, FDOT requires perpetual easements for purposes of constructing, installing, accessing, and maintaining a mast arm, control cabinet, service disconnect, pedestrian ramps, pedestrian push buttons, light pole, pull boxes and conduits, and any appurtenant facilities as depicted in Attachment 2 to the County Mayor's memorandum identified as Signalization Plan, and has applied to the County to convey the same for the use and purpose mentioned before; and

WHEREAS, the Board finds the conveyance of the perpetual easements to FDOT would be necessary in order to construct, install, access, and maintain a mast arm, control cabinet, service disconnect, pedestrian ramps, pedestrian push buttons, light pole, pull boxes, and any appurtenant facilities, and the Board finds that this conveyance would be utilized for the benefit of the public and community interest and welfare, and is consistent with County public purpose; and

WHEREAS, the County desires to convey the Perpetual Easements to FDOT pursuant to Section 125.38, Florida Statutes, for a nominal price of $1.00; and

WHEREAS, the acceptance of the Perpetual Easements by the FDOT is in accordance with Sections 337.25, Florida Statutes, governing FDOT s acceptance of the donation for transportation facilities; and

WHEREAS, the perpetual easements will automatically revert to the County in the event that the use by the FDOT for transportation purposes ceases,

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 and County Mayor's memorandum with attachments as if fully set forth herein.

Section 2. This Board authorizes the conveyance of the perpetual easements to FDOT, pursuant to Section 125.38, Florida Statutes, for a nominal price of $1.00, in substantially the form attached to the County Mayor's memorandum as Attachment 1, solely to construct, install, access, and maintain a mast arm, control cabinet, service disconnect, pedestrian ramps, pedestrian push buttons, light pole, pull boxes and conduits, and any appurtenant facilities in a County-owned property located at the SW corner of the intersection of SR 860/Miami Gardens Drive and NW 37th Avenue, and at the SE corner of the intersection of SR 860/Miami Gardens Drive and NE 6th Avenue.

Section 3. This Board authorizes the County Mayor or County Mayor's designee to take all actions necessary to accomplish the conveyance of same, to execute the perpetual easements, and to exercise all rights conferred therein.

Section 4. Pursuant to Resolution No. R-974-09, (a) the County Mayor or County Mayor's designee shall record the perpetual easements in the public records of Miami-Dade County, Florida and shall provide a copy of the recorded instruments to the Clerk of the Board within 30 days of the recordation the easements; and (b) the Clerk of the Board shall attach and permanently store a copy of the recorded instruments together with this resolution.

HEADER
Date:

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

From: Daniella Levine Cava
Mayor

Subject: Resolution Authorizing the Conveyance of Perpetual Easements
800 and 801, located at the southwest corner of the intersection
of State Road 860 (Miami Gardens Drive) with NW 37th Avenue, and
at the southeast corner of the intersection of State Road 860
(Miami Gardens Drive) with NE 6th Avenue to the Florida Department
of Transportation (FDOT)

STAFF RECOMMENDATION
Executive Summary
This item seeks approval from the Board of County Commissioners (Board) to convey two Perpetual Easements to FDOT of approximately 2,414 square feet and 1,061 square feet, respectively, of County-owned property located at the intersections of State Road (SR) 860/Miami Gardens Drive with NW 37th Avenue, and State Road (SR) 860/Miami Gardens Drive with NE 6th Avenue, Miami, Florida, in exchange for the nominal sum of $1.00. The conveyance is for an FDOT roadway improvement project along SR 860/Miami Gardens at NW 37th Avenue and NE 6th Avenue, in Miami-Dade County, as depicted in Attachment 1 as parcels 800, 801, and described in Attachment 2 (Roadway Plans) to this memorandum. The 2,414 square foot area is needed by FDOT for the purpose of modifying the corner’s turning radius, realigning the pedestrian crosswalk, installing pedestrian signals, reconstructing the curb ramp and the sidewalk; the 1,061 square foot area is needed by FDOT for the purpose of constructing, installing and maintaining a control cabinet, service disconnect, pull boxes, conduits and service disconnect removal. A portion of the proposed sidewalk extends outside FDOT’s existing right-of-way and onto County-owned right-of-way. FDOT will be solely responsible for the costs associated with the project.

Recommendation
It is recommended that the Board approve the attached resolution authorizing the conveyance of the Perpetual Easement on a portion of County-owned property to FDOT.

Scope
The project is in District 1, which is represented by Commissioner Oliver Gilbert III.

Delegation of Authority
The resolution delegates authority for the County Mayor or County Mayor’s designee to execute the conveyance of the road property as perpetual easements to FDOT. Furthermore, the County Mayor or County Mayor’s designee shall record the instruments of conveyance of the road property as perpetual easements therein in the Public Records of Miami-Dade County.

Fiscal Impact/Funding Source
There is no fiscal impact to the County associated with this item. FDOT will be responsible for all expenses and maintenance related to this roadway improvement project. FDOT will pay a nominal sum of $1.00 for the Perpetual Easements.
Track Record/Monitor
The Department of Transportation and Public Works (DTPW) is the entity overseeing this item and the person responsible for monitoring compliance is Maria D. Molina, P.E., Chief, Right-of-Way and Stormwater Planning and Design Division.

Background
FDOT is currently working on a project located at SR 860/Miami Gardens Drive at its intersections with NW 37th Avenue and NE 6th Avenue. Proposed improvements include installing new traffic signals and upgrading existing traffic signals at the intersection with NW 37th Avenue, and constructing, installing and maintaining a control cabinet, service disconnect, pull boxes, conduits and service disconnect removal at the intersection with NE 6th Avenue. A portion of the proposed sidewalk extends outside FDOT’s existing right-of-way and onto County-owned right-of-way. To facilitate the completion of the project, FDOT is requesting a donation of said Perpetual Easements, designated as parcels 800.1 and 801.1, over these portions of County-owned properties.

Section 337.25 of the Florida Statutes allows FDOT to request donations of County-owned property for public benefit and to use the said donation for the planned improvements. FDOT is requesting these portions of County-owned right-of-way as easement interest donations, for a nominal price of $1.00. Section 125.38 of the Florida Statutes authorizes the Board to convey County-owned property that is not needed for County purposes to the United States or State governments for public interest and welfare and for nominal consideration regardless of the actual value of the property.

In the event FDOT discontinues the use of said land for transportation purposes, it will automatically revert to the County.

_________________________
Jimmy Morales
Chief Operating Officer