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Resolution· 5.· Village Council· Tue, Mar 19, 2024

Accept dedication of SW 88th Street right-of-way by operation of law

Status
adopted
Importance
56/100
Track
Statura briefing · workspace aware

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ResolutionadoptedVillage Council

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Lifecycle

IntroducedMar 13, 2024
AdoptedMar 19, 2024
Effective

Vote

Pass

Item text

RESOLUTION NO. 2024- A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING AND ACCEPTING DEDICATION BY RIGHT-OF-WAY MAINTENANCE MAP OF A PORTION OF SW 88TH STREET 900 FEET +/= WEST OF 57TH AVENUE 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, Florida Statutes,

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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 A PORTION OF SW 88TH STREET 900 FEET +/= WEST OF 57TH AVENUE 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, 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 Village of Pinecrest (“Village”); and WHEREAS, the Village has maintained the portion of SW 88th Street identified in the attached Right-of-Way Maintenance Map (the “Right-of-Way Maintenance Map”) located 900 feet +/= West of 57th Avenue (“Roadway”) for more than seven (7) years; and WHEREAS, pursuant to

Section 95.

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, by operation of law, as provided for in

Section 95.

361, Florida Statutes.

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 of the Village of Pinecrest hereby approves and accepts, by operation of law, the dedication of Roadway, including those portions of SW 88th Street identified in the Right-of-Way Maintenance Map attached hereto as Exhibit “A.” Section 3. Implementation. The Village Mayor, Village Officials, and Village Clerk are authorized to execute any and all documentation and take all action necessary to certify the acceptance of the Roadway dedication, including execution and filing the Right-of-Way Map with Miami-Dade County, Florida, Clerk of Courts, and implement the purposes of this Resolution. Section 3. Effective Date. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 19th day of March, 2024. Joseph M. Corradino, Mayor Attest: ____________________________ Priscilla Torres, MMC Village Clerk Approved as to Form and Legal Sufficiency: ____________________________ Mitchell Bierman Village Attorney Consent Agenda

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