HomeMy WebLinkAboutExhibit AMEMORAN
DUM
Agenda Item No. 8(F) (8)
TO: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr.
County Attorney
DATE:
March 4, 2014
SUBJECT: Resolution declaring surplus
County -owned property located
at the northwest corner of the
intersection of SE 5 Street and
SE 1 Avenue to the City of
Miami in accordance with F.S.
125.38 at no cost
The accompanying resolution was prepared by the Internal Services Department and placed on
the agenda at the request of Prime Sponsor Commissioner Bruno A. Barreiro.
R. A. Cuebas, Jr.
County Attorney
RAC/smm
Memorandum
�����0ra�� um
March 4` 2014
Honorable Chairwoman RobnnmGoaa
and Members, Board of County gommissioners
Carlos A. Gimene
K8aycv
Resolution Declaring as o o Portion of the Fifth Street KUetnomover Station
Located at the Northwest Corner of the Intersection of SE 5 Street and 8E 1 Avenue in
the City of Miami
MIA
Rcnonnrnmndotinn
It is recommended that the Board of County Commissioners (Bnmn8 approve the attached
resolution, which authorizes the following:
° Declares as surplus County -owned property (25 feet wide by 70foet in length) located at the
entrance of the Fifth Street Metro[nnvar Station at the northwest corner of the intersection of
8E S Street and GE 1 Avenue, in the City of Miami (City).
* Authorizes the conveyance of the property to the City per the Cib/'o request (attached), which
is in accordance with Florida Statute 125.38.
° VVoivoo Administrative Order 8'4 on it relates to review by the Cnunty'a Planning Advisory
Board because the property iolocated within the City.
Scope
The property is |noahod in County Commission District 5, which is represented by Commissioner
Bruno A.Barreiro,
Fiscm||nnpoct/Punding Source
There innofiscal impact associated with the conveyance ofthis parcel.
Track Record/Monitor
Cunnon U. Gomez of the Real Estate Development Division in the /nhanna| Services Department is
managing the conveyance ofthis parcel.
Oe|egabmnofAuthorih/
Authorizes the County Mayor orthe Mayor's designee toconvey the property h»the City ofMiami od
no cost, take all actions necessary to accomplish the conveyance of the property, and authorizes the
Chairwoman or Vice Chair of the Board to execute a County Deed for such purpose.
Background .
The County received o formal request from the City of KXiann| for the cunwsyonum of a 25 foot wide by
70 foot long strip of land located along the frontage of the Fifth Street K0otronnovor Station for the
purposes of widening SE 5 Street. CurncnUy, the road right-of-way along this portion of SE 5 Street
is only 25 feet in vv|dth, which in inadequate for the traffic capacity in the BrickeU area. The planned
improvements consist of roadway w|dening, the addition of y|devvo|ka, and other roadway
beautification enhancements. This project is part of the Miami RiverGpaenvvoy Initiative and will be
constructed bvthe City ofMiami etnocost tothe County.
Honorable Chairwoman Robeca Soaa
and Members, Board mfCounty Commissioners
Page
Florida Statuhe, Section 125.38, authorizes the Board to mmmy property to the City, a municipal
corporation of the State of Florida, when the Board is satisfied that the property is not needed for
County purposes and will be utilized for the benefit of the public or community interest and welfare.
The Internal Services Deportment circulated this property to all County departments to determine
whether the County has o present or future need for the pFoperty, in which none was determined.
The CoUOh/ Dead contains a restriction that sbsh»u that the property is to be used for public and
transportation purposes and other specific purposes and vvhon. and if, the public Use ahoU be
diacontinuad, the title to the land described in Exhibit "4." nheU immediately revert tothe County, its
successors and assigns, and |tshall have the righttoimmediaba|yPepossassthesenne. The County
will also retain aneasement inthe County Deed for the right b:openahaondnno}ntointha[Nmtvomovnr
(3Uidavvay System that is located over and above the property. Attached is a letter from the U.S.
Department of Transportation Federal Transit Administration approving the conveyance,
Additional property details are as follows, and shown in the attached property sketch:
LOCATION: Metro -Mover Station- NVVCorner ofthe intersection ofSE5Street
and 8E1Avenue
PROPERTY SIZE: 1,750 Square Feet
ZONING:
Attachments
Edward Marque
Deputy Mayor
T6-4813-0 (Miami River Green Regulatory Design Standards)
0
(Revised)
TO: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
FROM: R. A. Ciibvas, Jr.
County Attorney
DATE: March 4, 2014
SUBJECT: Agenda Item No. 8(F) (8)
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal 'impact required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (Le., 2/3's
3/5's , unanimous ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
4
Approved Mayor Agenda Item No, 8(F)(8)
Veto 3-4-14
Override
RESOLUTION NO.
RESOLUTION DECLARING SURPLUS COUNTY -OWNED
PROPERTY LOCATED AT THE NORTHWEST CORNER OF
THE INTERSECTION OF SE 5TH STREET AND SE 1
AVENUE TO THE CITY OF MIAMI IN ACCORDANCE WITH
F.S. 125.38 AT NO COST; WAIVING ADMINISTRATIVE
ORDER 8-4 AS IT RELATES TO REVIEW BY THE
PLANNING ADVISORY BOARD; AUTHORIZING THE
COUNTY MAYOR OR MAYOR DESIGNEE TO TAKE ALL
ACTIONS NECESSARY TO ACCOMPLISH THE
CONVEYANCE OF SAID PROPERTY; AND AUTHORIZING
THE CHAIRWOMAN OR VICE -CHAIRPERSON OF THE
BOARD TO EXECUTE A COUNTY DEED FOR SUCH
PURPOSE
WHEREAS, the Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference; and
WHEREAS, pursuant to Section 125.38 of the Florida Statutes, the Board has
determined that it is in the best interest of the County to convey the County -owned property
located at the northwest corner of the intersection of SE 5 Street and SE 1 Avenue in the City of
Miami the purpose of road widening, at no cost; and
WHEREAS, the Board finds that pursuant to Section 125.38 of the Florida Statutes, said
property is required and can be used for such purposes; is not needed for County purposes, and
will be utilized for the benefit of the public and community interest, and welfare; and
WHEAREAS, the City of Miami proposes to widen SE 5 Street under its Capital
Improvement Project No. B-3063, `Miami River Greenway Streetscape in SE 5 Street from
South Miami Bridge Overpass SR-5/Brickell Avenue" in Miami -Dade County; and
WHEREAS, in connection with said project, the City of Miami is widening SE 5 Street
which will convert the existing road, currently 25 feet wide, to comply with the City code for
traffic capacity in the Brickell area; and
5
Agenda Item No. 8(F) (8)
Page No. 2
WHEREAS, in order to improve said right-of-way, the area needs to be constructed to a
typical right-of-way section of 50 feet, as defined by the City code, it is necessary that a certain
County -owned parcel be acquired as a right-of-way by the City of Miami; and
WHEREAS, the City of Miami has requested the granting of such parcel as more
particularly described in Exhibit "A", attached hereto, which legal description encompasses
approximately 1,750 square feet, located at the entrance of the Fifth Street Metromover Station at
the northwest corner of the intersection of SE 5 Street and SE 1 Avenue; and
WHEREAS, the City of Miami has determined that this project will provide safety and
benefit to the neighborhood and community. The improvements consist of a roadway design,
construction, and beautification enhancements,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. Pursuant to Section 125.38 of the Florida Statutes, this Board hereby
declares surplus County -owned property located at the northwest corner of the intersection of SE
5 Street and SE 1 Avenue in the City of Miami, approves the conveyance at no cost to the City of
Miami subject to the restrictions outlined in the attached County Deed; authorizes the County
Mayor or Mayor's designee to take all actions necessary to accomplish the conveyance of said
real property, legally described in the aforementioned County Deed; authorizes waiving
Administrative Order 8-4 as it pertains to review by the Planning Advisory Board, and authorizes
the execution of said County Deed by the Board of County Commissioners acting by the
Chairwoman or Vice -Chairperson of the Board.
6
Section 3.
Agenda Item No. 8(F)(8)
Page No. 3
Pursuant to Resolution No. R-974-09, the Board directs the County Mayor
or the Mayor's designee to record the instruments of conveyance accepted herein in the Public
Records of Miami -Dade County, Florida; and to provide recorded copies of the instruments to
the Clerk of the Board within thirty (30) days of execution of said instruments; and directs the
Clerk of the Board to attach and permanently store recorded copies together with this resolution.
The foregoing resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Bruno A. Barreiro
Jose "Pepe" Diaz
Sally A. Heyman
Jean Monestime
Sen. Javier D. Souto
Juan C. Zapata
Rebeca Sosa, Chairwoman
Lynda Bell, Vice Chair
Esteban L. Bovo, Jr.
Audrey M. Edmonson
Barbara J, Jordan
Dennis C. Moss
Xavier L. Suarez
The Chairperson thereupon declared the resolution duly passed and adopted this 4111 day
of March, 2014. This resolution shall become effective ten (10) days after the date of its
adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
Approved by County Attorney as
to form and legal sufficiency.
Bruce Libhaber
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By:
Deputy Clerk
7
�
Instrument prepared by and returned to:
Miami -Dade County Internal Services Department
Rea/ Estate Development Division
111 N.VV.1Street, Suite 248O
Miami, Florida 33120-i8O7
����UU���� ������
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THIS DEED, made this day of .2D14A.D.bvMIAMI-DAOECOUNTY, a
Political Subdivision of the Gxohs of Florida, party ofthe first port` whose address in: Stephen P.
Clark Cente[, 111 NW 1 Street Suite 17'202, Miami, Florida 33128-1963. and the City of
W1imrni, a municipality of the State of Florida, party of the second part, vvh0ee address is444 SW
oo
2 Avenue, Miami, Florida 33130.
VV[rNEG8ETH:
That the said party of the first part, for no consideration by the party of the second part,
receipt whereof |a honobv acknowledged, has QnaDted, ba,Qm|ned, and donated to the party of the
second part. its successors and assigns forevar, the following described |onU per the attached
Exhibit "A",
This conveyance is subject to the property being used for public and transportation
purposes and other pUrpnnnn incidental thenmko, and when and If the aforementioned public use
shall be discontinued, the Ole to the land described in Exhibit "A` attached, shall immediately
revert to the Grantor, its successors and gssigna, and it ohoU have the right to immediately
repossess the same.
The Grantor reserves an easement for the continued use of the W1innn|'Oede County
K4etnomoverGuidevvey System over and above the land as long as the system occupies the land
for the purpose of operation and maintenance. Upon any immediate reversion to Grentor, the
auoenneOt rights ohoU diminish.
This grant conveys only the interest of Miami -Dade County and its Board of County
Commissioners in the property herein described and shall not be deemed to warrant the title or to
IN WITNESS WHEREOF the said party of the first part has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Mayor of said Board, the
day and year aforesaid.
(OFFICIAL SEAL)
ATTEST: K8|AM|-DADEC[}UNTY
BYITS BOARD (JF
HARVEYRUV|N.CLERK COUNTY COMMISSIONERS
By: By:
Deputy Clerk Rebeca Sosa, Chairperson
Approved for legal sufficiency.
The foregoing was authorized by Resolution approved by the Board of
2
11
2
AGOOMPANT ralMetZuZIEUSCIFaXPtIvION
S,E. 5th STREET RIGHT OF WAY DEDICATION (PARCEL 2)
for
A & P CONSULTING TRANSPORTATION FNGINEERS, CORP,
UNNUMBERED LOT
BLOCK 108 5
'5USEDtVISION OF THAT PORTION OF
THE CITY OF MIAMI
LYING EAST OF AVENUE 0,
SOUTH OP THE MIAMI RIVER,
NORTH OF 20th STREET
26
AND WEST OF LANDS
OF MARY BRIOHELL'
PS. 15, P.O. 77
NAPPED (x0REO) STREET UNE
PER NURICIPAL CITY GP kil.M.41
ATLAS SHEET Ho, 35 R.
LAST DATED FEBRUARY 11, 1975
SCALE
1' 50'
ARC& 2
WO,ECT TO
oF WAY OENCATICR
74239E 2'
o7'42E
LOT
B CK 105 6
"S.L. T. PATTERSON
AND J. . & UT. OLIVE'
WT
7'
791
LOT 6
NORM RIGHT
OF SE 5th 51
44 arc OF UI
ATLAS %MET
34
LEGEND
• POINT OF BEGINNING P,C, POINT OF CURVATURE
+. POINT OF COAIENCEMEAT P,T. POINT OF FANOENcY
▪ POINT OF TERMINATION P,N,T. POINT OF HON-TANGENT
INTERSECTION
LEGAL DESCRIPTION
S.F. 51. STREET RIGHT OF WAY DEDICATION (PARCEL 2):
5
2
0
4230`
IAY UllE
, 0 PO. 77
Lt
0'
4
1044
EXHIBIT "A"
S771;:a.14,c.
COSNOt
LOT 1, BLOC( 1E3 S
(PEI, 8, PG. 03)
P,R.O.. POINT OF REYSERSE CURVE
PLAT 000k
PACE
CENIERL NE
1.1014ui4ENT LINE
A portion of.. Section 38, Township 54 South, Range 41 East, rAloml-Dodo County, Florida, being more perticulorly described as
follows:
COMMENCE at the point of InteraectIon of the east richt- woy Ilna of Avenue "O' (now known as South Mlornt Avahve) us shown
or. the Plot 91 "MIAMI", ocaording to the plut thereof, co recorded In Plot Book 8, at Pogo 41 of the PublIc Records of Lllorni-Oade
County, florid° with the north right -of- way Ilne of that certoin 25 foot wide Alley (now known os Southeast 51h Street) os shown
an the plot of "PA I ILRSON ANO OLIVE suaaivisioN", according to the plot thereof as recorded in Plat Book 8, at Poge 77 of the
public retards of 1.11orni-Dade County, Florlda; thence run N87'42'39% along the north right -of- woy line of said Southeast 5th
Street for 322,42 fool to the POINT OF BEGINNING 01 the parcel of lord, icbeled oe °Pore& 2° hereinafter deocrloed; theca cant:rue
N87.42.39E along sold north right-of-way Ilse of Southeast 5th Skeet for 70,00 lot the ooulheaal corner of Lot 1, Block
T03 5 of tho plot of "MICKEL!. POINT', occordint to the plot thereof, as recorded In Plot Book B, ot Page 93 of the public recordo
ol 1,41aml-Dode County, Florida; Ihenco NO2'2141 W along the west Ilne Of sold La', I, Block 103 5, for 25.00 feet; thenco
587'4239"W for 70.00 feet; (hence 502'21.41'E for 25,00 foot to the Point of Beginning,
ContoktIng 1,750 Square. Feat, more or Ism by calculation:a,
NOTICE: Not full and complete without all pages. Total of Two (2) Pages
1:4414,4 s(0 SI 0 zi 4.4\444.0.4.4 44.4 trod‘. IF/ 6.4 1.•'.0 ...I .0,401 4c.44 440 41+,
Job No, '11373
Pogo of 2
0
1 0
1511021Tall ACOODEPIALNY ZEDGAIN roZEISWIttlisTIODI
S,E. 6th STREET RIGHT OF WAY DEDICATION (PARCEL 2)
for
A & P CONSULTING TRANSPORTATION ENGINEERS, CORP.
EXHIBIT "A"
saline& OF DATA:
The Legal Description of the Subject Property was generated hem the following Record ond Municipal Documents:
City of Miami Municipal Atlas, Sheet No. 36 R, prepared by the City of Miami, Department of Engineering, lost
d February 11, 1975.
Plot of "AMENDED MAP OF BRICKELL ADDITION TO THE MAP OF MIAMI A/K/A MARY BRICKELL'S AMMON", recorded
In Plat Book 9, Page 113, Miaml—Dode County Records.
Plat of 'Si. & J.B, PATTERSON AND J.F. & D.T. OUVE SUBDIViSION" also known as "SUBDIVISION OF THAT PORTION
OF THE CITY OF MIAMI LYING EAST OF AVENUE D, SOUTH OF THE MIAMI RIVER, NORTH OF 20th STREET AND WEST
OF LANDS OF MARY BRICKELL", recorded In Plot Book 9, Poga 77, Miami —Dade County Records.
Plot of "ORICKELL PONT", recorded in Plot Book 8, Page 93, Mlomi—Oode County Records.
In addition, the following sources were used o the extent required to complete thls document in o defensible
molter, Viol Is to soy;
a) Sketch furnished by the Client depicting the locollon of the Subject Parcel,
Bearings as shown hereon ore bcsed upon the City of Mlaml Monument line of SE 51,h Street with an assumed
bearing of N137'42.39"E.
EASEMENTS AND ENcUMDRANcES;
No Information was provided os to the existence of any easements other that what appears on the underlying Plat
of record, Please refer to the Limitations portion with respect to possible restrictions of record and utility services.
MITATIONS:
Since no other Information were furnished other thon that le cited In the Sources of Data , the Client Is hereby
advleed that there may legal roe trIcthens on the subject property (hot aro not shown on the Sketch or contained
within this Report that may be found In the Publlo Records of Miami —Dade County, Florldo or any other public and
private entitles as their jurisdictions may appear.
This document does not represent o field boundory survey of the described property, or any port or puree! thereof.
INTENDED USE 1EXPRESS PURPoSES;
it Is understood by the Surveyor that the Intended use of this document Is to dedicate the Subject Parcel for
Right of Way purposes.
SURVEYOR'S CERTIFICATE:
hereby certify that this "Sketch to Accompany Legal Description," wos prepared under my direction and Is true
and correct to the best of my knowledge and belief and further, thol sold Sketch meets the intent of the
'Minimum Technical Stondords for Land Surveying In the State of Florida'', pursuant to Rule 5J-17.050 through
5J-17.052 of tbe Florid° Administrative Code and Re implementing Rule, Chapter 472.027 of the Florida Statutes.
Professional urveyQY anSurveyor
HADONNE CORP,
Land Surveyors and Mappers
Ceitif)cate of Authorization LB?
1985 W §tith Court, Suite 202
Dere!, Florida 33172
305.7G6.1188 phone
3C5.207.0815 fax
NOTICE: Not Yolld without the signature and original raised seal of o Florida Licensed Surveyor and Mapper. Eoch
Sheet Qi) incorporated therein shall not be considered full, volld and complete unless attached to the others, This
Noti6e Is required by Rule 5J-17,051 of the Florida Administrative Code.
NOTICE: Not full and complete without ell pages. Total of Two (2) Pages
1111/107 .0101 At On
Job No.11.373
Pogo 2 of 2
11
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TYPICAL 55CTIOPT5
2.!
YsmlaUmtDirector
Mlaml-Dade CountyTransit Department
701 NVV1"Court, Suite 17OU
Miami, F!uddzi33i30
JOHwwrmAu/wsZ.��
CERTIFIED MAIL
RE: CITY OF MIAMI REWEST FOR PARCEL AC UISITION AT BE 6THGTREGT
METROMOVER STATION
Project No, 8' 0631 "Miami River Greenway Strewt nmpm in BE 6° Street from South
Miami Bridge Overpass toSR-S/8r|okmUAvenue"
Dear Mrs. Llort:
The City of Miami is planning improvements to SE 51h Street as port of the Miami River Gremnway
initiative. The knpmvmmontoconsist ofroadway design, construction and beautification enhancements.
The City vf Miami has identified an existing area 25 feet wide by 70 feet in length at the entrance of the
Fifth Street Metro -Mover Station located at the northwest corner of the intersection of SE 51h Street and
SE 1^/ Avenue. This area needs to be uonukobtad to a typical right-of-way section of 50faot. as defined
by the City code. This nojt will be constructedbythe City nfMiami e\nocost hathe adjacent property
mxnea; and will provide ouhah/ and benefit to the neighborhood and community. The donation uonobb
of approximately 1'750S.F and iodescribed (n theohonhad Legal Douodpdno and Right-of-VVoyparcel
sketch.
Pleann accept the request for the donation ofthe above referenced property to the City ofMiami.
Attached you will rind the legal description, pome|vhetch shnw|nO|he |ooadon, size of the area and
propose typical sections for your review and to begin the process for thls Item to be added to the Board
n[County Commissioners agenda for approval,
0ncenA
Mnrk8[mn0IT,
Director
City m(Vilan|
-444-S�VV.2ndAmennze�8th-Fhun--
Miami, F|ohdu35130
OMiom:3U5-678'0O27
Fax:305-6'1U'0O35
Email: irnsvanioll(U),�iarniqov—corn
Enclosures:
Cu, Alice Bravo, P.E, Assistant City K4anoQer. via email
JoovannyRodriguez, P.E.Assistant Director C|P.via email
JnnoLnQn. P.E, Professional Engineer ill, via email
Orlando Ivilsas, Project Manager, via ei-flail
Cwn/ALmmnovowmn5PROGRAM
wxSAv.z"uAvenue. mxqoo,/Miami, a3n3n/(3m)*m-nnmhx:um'w6-2o3
13
U.S. Department
ot Transportation
Federal Transit
Administration
su 0' 3 2,013
Mr, Albert Hernandez, Assistant Director
Miami -Dade Transit (MDT)
701 NW 1 Court, 17`11Floor
Miami, FL 33136
Re: MPS082 — Fifth Street Metromover Station
Dear Mr,l-lernandez,:
REGION IV
Alabama, Florida, Geofgla,
Kentucky, Mississippi,
North Carolina, Puerto
Rico, Soulh Oaroilna,
Tennessee
230 Peachtree Sheet, NW
Suite 800
Atlanta, GA 30303-8017
404-1365-5600
404.665-5605 (fax)
The Federal Transit Administration (FTA) has received. your January 7, 2013 letter, in which you
ask for FTA concurrence for Miami Dade Transit (MDT)'s lo convey a portion of the Fifth Street
Metromover Station property to the City of Miami to implement additional lane improvements along
SE Sill Street. The FTA understands the station property was acquired for the Brickell Metromover
Station with FTA funds under grant FL-03-0085, the value of the parcel is estimated to be $45,000,
There are no revenues resulting from this conveyance, but the improvements will include new
sidewalks and landscaping adjacent to the Metromover station, and widening the street will also
provide the potential to add bus service in the Nine. MDT will undergo the County's public none
procedures for surplus property,
ETA eel:A:MS with MDT's proposal conveyance to the City of Miami, and considers its use
compatible and will not interfere with intended mass transportation uses. Per Circular 5010,1D, the
county of Miami-Dade/MDT is required to maintain satisfactory continuing control over the entire
parcel and all improvenients. MDT is reminded that transfer of real property to a public agency for
non-lmisit use is a competitive process per 49 U.S.C., 5334(11)(1)-(11)(3). If you have any questions,
please contact Nis. Margarita Sandberg by ernail, at inargarita.sandberg@dol,gov, or by phone at
(404) 865-5612,
Sincerely,
G. Taylor, Ph,
'Administrator
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