Statura IntelligenceAccept right-of-way dedication for SW 70th Avenue portion
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RESOLUTION NO. 2024-__ A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING AND ACCEPTING DEDICATION BY RIGHT-OF-WAY MAINTENANCE MAP OF THE WEST PORTION OF SW 70TH AVENUE BETWEEN SW 90TH STREET AND SW 92ND STREET BY OPERATION OF LAW IN ACCORDANCE WITH SECTION 95.361, FLORIDA STATUTES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 95.361,…
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RESOLUTION NO. 2024-__ A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING AND ACCEPTING DEDICATION BY RIGHT-OF-WAY MAINTENANCE MAP OF THE WEST PORTION OF SW 70TH AVENUE BETWEEN SW 90TH STREET AND SW 92ND STREET BY OPERATION OF LAW IN ACCORDANCE WITH
361, FLORIDA STATUTES; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to
361, Florida Statutes, where it cannot be determined who constructed a roadway, but the roadway has been maintained by a municipality with public funds for the immediate preceding seven (7) years, the road shall be deemed to be dedicated to the public to the extent of the width that has been maintained by the municipality; and WHEREAS, the Village of Pinecrest (the “Village”) has maintained the portion of SW 70th Avenue located between SW 90th Street and SW 92nd Street (“Roadway”) and identified in the Right-of-Way Maintenance Map attached hereto as Exhibit “A” (the “Right-of-Way Maintenance Map”) for more than seven (7) years; and WHEREAS, pursuant to
361, Florida Statutes, the dedication to the public vests all rights, title, easement, and appurtenances in and to the Roadway in the Village upon the filing of the Right-of-Way Maintenance Map with the office of the Miami-Dade County Clerk of Courts; and WHEREAS, the Village desires to approve and accept a dedication of the Roadway, as identified in the Right-of-Way Maintenance Map attached hereto as Exhibit “A,” by operation of law, as provided for in
361, Florida Statutes; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village.
NOW, THEREFORE,
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PINECREST, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Dedication Approved and Accepted. The Village Council hereby approves and accepts, by operation of law, the dedication of Roadway, including those portions of SW 70th Avenue, as identified in the Right-of-Way Maintenance Map attached hereto as Exhibit “A.” Section 3. Implementation. The Village Manager and Village Clerk are authorized to take any action necessary to certify the acceptance of the Roadway dedication, including the execution and filing the Right-of-Way Maintenance Map attached hereto as Exhibit “A” with Miami-Dade County, Florida, Clerk of Courts, and any other required documentation, and implement the purposes of this Resolution. Section 4. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of February, 2024. Joseph M. Corradino, Mayor Attest: ____________________________ Priscilla Torres, MMC Village Clerk Approved as to Form and Legal Sufficiency: ____________________________ Mitchell Bierman Village Attorney Consent Agenda LOCATION MAP CLERK OF COURTS CERTIFICATION: FILED FOR RECORD THIS ___ DAY OF __________, 2024. AT ___:___ __.M. IN BOOK ______ OF MAP PLATS, AT PAGE _____, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THIS MAINTENANCE MAP COMPLIES WITH THE LAWS OF THE STATE OF FLORIDA AND MIAMI-DADE COUNTY, FLORIDA. JUAN FERNANDEZ-BARQUIN CLERK OF CIRCUIT COURT, MIAMI-DADE COUNTY, FLORIDA BY:___________________ DEPUTY CLERK SURVEYOR'S CERTIFICATE: THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABLISHING A SURVEY LINE AND LOCATING THE LIMITS OF MAINTAINED RIGHT-OF-WAY AS IDENTIFIED BY THE MAINTENANCE ENGINEER FOR THE VILLAGE OF PINECREST, FLORIDA AND DEPICTED HEREON. I HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF THIS IS A TRUE, ACCURATE, AND COMPLETE DEPICTION OF A SURVEY PERFORMED UNDER MY DIRECTION AND COMPLETED ON 11/30/2022. I FURTHER CERTIFY THAT SAID DRAWING IS IN COMPLIANCE WITH THE MINIMAL TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD PROFESSIONAL SURVEYORS AND MAPPERS, IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO
027, OF THE FLORIDA STATUES. HADONNE CORP. , A FLORIDA CORPORATION FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER LB7097 ABRAHAM HADAD, PSM FOR THE FIRM REGISTERED SURVEYOR AND MAPPER LS6006 STATE OF FLORIDA NOTICE: NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY. SURVEYOR'S NOTES: NORTH ARROW DIRECTION IS BASED ON AN ASSUMED MERIDIAN. BEARINGS AS SHOWN HEREON ARE BASED UPON THE SURVEY BASELINE OF SW 70th AVENUE WITH AN ASSUMED BEARING OF S02°11'50"E, SAID LINE BEING A WELL ESTABLISHED AND MONUMENTED LINE. LEGAL DESCRIPTION WAS FURNISHED BY THIS LAND SURVEYING FIRM. PLAT OF "NORTH KENDALL", RECORDED IN PLAT BOOK 44, AT PAGE 93, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. PLAT OF "L AND D SUBDIVISON", RECORDED IN PLAT BOOK 77, AT PAGE 76, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. WARRANTY DEED, DATED MAY 8, 1979, RECORDED IN OFFICIAL RECORDS BOOK 10385, PAGE 2330, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. MAINTENANCE MAP CERTIFICATION: THIS IS TO CERTIFY THAT SHEETS NUMBERED 1 TO 2, INCLUSIVE, CONSTITUTES THE OFFICIAL MAINTENANCE MAP SHOWING LOCATION AND SURVEY FOR A PORTION OF SW 70th AVENUE, VILLAGE OF PINECREST, FLORIDA. THE PROPERTY SHOWN CROSS-HATCHED ON SAID MAP HAS BEEN VESTED IN THE VILLAGE OF PINECREST, FLORIDA PURSUANT TO THE PROVISIONS OF
361, FLORIDA STATUTES. PLAT OF "NORTH KENDALL", RECORDED IN PLAT BOOK 44, AT PAGE 93, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. PLAT OF "L AND D SUBDIVISON", RECORDED IN PLAT BOOK 77, AT PAGE 76, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. WARRANTY DEED, DATED MAY 8, 1979, RECORDED IN OFFICIAL RECORDS BOOK 10385, PAGE 2330, PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. APPROVALS VILLAGE OF PINECREST: THIS IS TO CERTIFY THAT THE LIMITS OF THE ROADWAY AS SHOWN SHADED ON THIS MAP HAVE BEEN MAINTAINED CONTINUOUSLY F0R SEVEN (7) YEARS IMMEDIATELY PAST, WITHOUT INTERRUPTION OR DISTURBANCE FOR SW 70th AVENUE WHEREAS, THE ABOVE REFERENCED RIGHT-OF-WAY IS PART OF THE CITY STREET SYSTEM; AND, WHEREAS, THE ABOVE REFERENCED RIGHT-OF-WAY IS NOT CURRENTLY ON THE AD VALOREM TAX ROLLS FOR MIAMI-DADE COUNTY, FLORIDA AND,
NOW THEREFORE. THIS MAP IS BEING RECORDED PURSUANT TO S.95.361 (3) (2022). TO INDICATE THAT TO SUCH STATUE THAT THE RIGHT-OF-WAY SEGMENT IS DEEMED DEDICATED TO THE PUBLIC AND THAT SUCH DEDICATION ON VESTS ALL RIGHT, TITLE, EASEMENT, AND APPURTENANCES IN AND TO SUCH ROAD IN THE VILLAGE OF PINECREST, FLORIDA. THIS MAINTENANCE MAP WAS APPROVED BY THE PUBLIC WORKS DIRECTOR OF THE VILLAGE OF PINECREST, FLORIDA, THIS ___ DAY OF __________, _____. BY:____________________________________ PUBLIC WORKS DIRECTOR DAVID J. MENDEZ, P.E. THIS MAINTENANCE MAP WAS APPROVED BY RESOLUTION No. ____________ PASSED AND ADOPTED BY THE VILLAGE OF PINECREST, FLORIDA, THIS ___ DAY OF __________, _____. AS RECORDED IN OFFICIAL RECORDS BOOK ________ PAGE ______ OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. IN WITENESS HEREOF, WE HAVE HEREON TO SET OUR HANDS AND AFFIXED THE SEAL OF THE VILLAGE OF PINECREST, FLORIDA, THIS ___ DAY OF __________, _____. ATTEST:__________________________ VILLAGE CLERK PRISCILLA TORRES BY:__________________________ MAYOR JOSEPH M. CORRADINO SW. 92nd STREET ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... SW. 70th AVENUE SW. 90th STREET SW. 70th AVENUE ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... SYMBOL DESCRIPTION LEGEND CB1 ... ... SYMBOL DESCRIPTION SYMBOL DESCRIPTION ASSUMED DATE: February 6, 2024 TO: The Honorable Mayor and Members of the Village Council FROM: Yocelyn Galiano, ICMA CM, Village Manager RE: Resolution for Agreement to Approve a Maintenance Map for SW 70th Ave between SW 90th St and SW 92 St. ______________________________________________________________________ Attached for your consideration, please find the Maintenance Map for the subject location. The proposed ROW take will be for the remaining west half ROW of 70th Ave for the limits shown. I hereby respectfully recommend the Village Council adopt the attached resolution authorizing the Village Manager to execute the agreement.
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