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RESOLUTION AUTHORIZING A MAINTENANCE MAP FOR SW 152 AVENUE FROM SW 42 STREET TO SW 8 STREET, SECTIONS 9 AND 16, TOWNSHIP 54 SOUTH, RANGE 39 EAST, MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE CHAIRPERSON AND THE CLERK OF THE BOARD TO CERTIFY THE MAINTENANCE MAP; AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO EFFECTUATE SAME

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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 Director of the Department of Transportation and Public Works has recommended that an Official Maintenance Map, stating that such road has vested in the County, be filed of record to indicate prima facie evidence of ownership, pursuant to Section 95.361, Florida Statutes, and the County Mayor has concurred with such recommendation,

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, including attachments, as if fully set forth herein.

Section 2. This Board approves the Maintenance Map for SW 152 Avenue from SW 42 Street to SW 8 Street, Sections 9 and 16, Township 54 South, Range 39 East, Miami-Dade County, Florida, as depicted and described in Attachment 1 and Attachment 2 to the County Mayor�s memorandum. This Board authorizes the Chairperson and the Clerk of the Board to certify the
same pursuant to Section 95.361, Florida Statutes, and authorizes the County Mayor or County Mayor�s designee to take all actions necessary to effectuate the same and to exercise all rights conferred therein.

Section 3. Pursuant to Resolution No. 974-09, (a) the County Mayor or County Mayor�s designee shall provide a recorded copy of the instruments executed in connection herewith which create or reserve a property interest in favor of the County to the Clerk of the Board within 30 days of the execution and final acceptance of such instruments; and (b) the Clerk of the Board shall attach and permanently store a recorded copy of such 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 Approving a Maintenance Map for SW 152 Avenue from SW 42 Street to SW 8 Street, Sections 9 and 16, Township 54 South, Range 39 East, Miami-Dade County, Florida.

STAFF RECOMMENDATION
Executive Summary
The purpose of this item is for the Board of County Commissioners (Board) to accept a maintenance map for SW 152 Avenue from SW 42 Street to SW 8 Street for road purposes. Once accepted, the maintenance map will be recorded in the Public Records of Miami-Dade County. Although there is no fiscal impact associated with this item, approval is time-sensitive and critical to the delivery of a federally funded roadway improvement project.
This project is funded through a Local Agency Program (LAP) agreement with the Florida Department of Transportation (FDOT), which requires right-of-way (ROW) certification prior to the obligation of funds. FDOT has advised that ROW clearance will not be granted until the maintenance map is approved and recorded and all related agreements are executed.
Recommendation
The Department of Transportation and Public Works (DTPW) requires the maintenance map for road purposes and recommends that the Board accept the maintenance map. The proposed maintenance map is depicted and described in Attachment 1 to this Memorandum.

Scope
The subject property is located within District 11, which is represented by Commissioner Roberto J. Gonzalez.

Fiscal Impact/Funding Source
There is no fiscal impact associated with this resolution. Miami-Dade County has already been maintaining this portion of ROW as shown in Attachment 2 to this Memorandum. This cost is funded through DTPW�s General Fund allocation.

Track Record/Monitor
DTPW is the entity overseeing this item, and the person responsible for it is Maria D. Molina, P.E., Chief, Right of Way and Stormwater Planning and Design Divisions.

Delegated Authority
The resolution delegates authority for the County Mayor or County Mayor�s designee to execute the maintenance map. Furthermore, the County Mayor or County Mayor�s designee shall record the maintenance map accepted therein in the Public Record of Miami-Dade County.

Background
DTPW is constructing a project which consists of roadway improvements to SW 152 Avenue from SW 42 Street to SW 8 Street. The roadway is under the jurisdiction, operation, and maintenance of Miami-Dade County. These improvements include milling and resurfacing; adjustments of valve boxes, manholes, ADA ramps, and connectors if needed; and pavement markings and signage.

As part of the ROW certification process required under the LAP agreement with FDOT, DTPW coordinated with internal stakeholders and FDOT to resolve outstanding ROW matters through maintenance maps and related agreements. The areas depicted in the maintenance map (Attachment 1) include a fully operational roadway and intersection infrastructure that has been maintained by the County for more than seven years.

An affidavit from DTPW�s Deputy Director and County Engineer certifying the County's historic maintenance of the areas is attached as Attachment 2 to the Resolution. Pursuant to Section 95.361 of the Florida Statutes, the recording in the public records of a maintenance map depicting a vested road shall be prima facie evidence of ownership. Approval of this item will satisfy a key prerequisite for ROW certification and allow the County to proceed with obligating federal funds and advancing construction on schedule.



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Jimmy Morales
Chief Operating Officer