HomeMy WebLinkAboutR-09-0535Vop City of Miami
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Resolution: R-09-0535
File Number: 09-01225
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
TRANSFERRING PORTIONS OF THE RIGHT-OF-WAY OF NORTHWEST 38TH
STREET AND NORTHWEST 39TH STREET, WITHIN THE CITY OF MIAMI,
FLORIDA, MORE PARTICULARLY DESCRIBED IN THE ATTACHED LEGAL
DESCRIPTIONS AS PARCELS 100 AND 101, TO THE JURISDICTION OF THE
STATE HIGHWAY SYSTEM IN ACCORDANCE WITH SECTION 337.29, FLORIDA
STATUTES; AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION
TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT ROADWAYS IN THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, Northwest 38th Street and Northwest 39th Street are dedicated public right-of-ways
within the City of Miami, Florida; and
WHEREAS, the State of Florida Department of Transportation ("FDOT") is planning improvements
to the transportation facility SR -112/1-195 to Biscayne Bay; and
WHEREAS, a component of the FDOT plan includes providing shoulders and eliminating and
reducing weaving conflicts to and from 1-95, milling, resurfacing and drainage improvements; and
WHEREAS, the FDOT desires to include portions of the right-of-way of Northwest 38th Street and
Northwest 39th Street, Miami, Florida, in the State Highway System to accommodate the proposed
improvements to the expressway; and
WHEREAS, in conformance with Section 337.29, Florida Statutes, a right-of-way map of the
subject roadways, more accurately described on the attached legal descriptions, has been prepared
and will be duly recorded in the Public Records of Miami -Dade County, Florida, by the FDOT;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Portions of the right-of-way of Northwest 38th Street and Northwest 39th Street, within
the City of Miami, Florida, more particularly described in the attached legal descriptions as Parcels
100 and 101, are transferred to the jurisdiction of the State Highway System in accordance with
Section 337.29, Florida Statutes.
Section 3. The FDOT is authorized{1} to properly record a right-of-way map of the subject
roadways in the Public Records of Miami -Dade County, Florida.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
City of Miand Page 1 of 2 File Id. 09-01225 (Version: 1) Printed On: 7/11/2017
File Number: 09-01225
the Mayor.{2}
Footnotes:
Enactment Number: R-09-0535
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id. 09-01225 (Version: 1) Printed On: 7/11/2017