Right of Way Dedication Check List
Are you applying for a building permit, and the plan review says you need to obtain a right-of-way dedication? This is the check list of documents you'll need to submit.
- a) Boundary Survey of Property less than one year old (dated, original signature and raised sealed.
b) Sketch and Legal Description of the area being dedicated (2 originals (3 if mortgage), letter size, dated, original signature and raised sealed). View Sample.
- Provide Process Number or permit # (you're only doing this process if you already applied for a permit). If you're unsure, click here to see our permits page.
- Copy of Recorded Warranty Deed of Property, and a current Opinion of Title from Attorney showing legal description, fee simple owner, any mortgages on property, and if applicable indicate the name and title of person(s) authorized to execute the right-of-way deed on behalf of the property owner (this takes the place of a resolution for authority to execute)
- (For Deed Only) If there are mortgages on the property, provide a “Partial Release of Mortgage” (original, letter size) for the area being dedicated, between property owner and mortgage holder, to be recorded by the City of Miami.
5. If property is owned Individually, we require marital status – if married, spouse’s signature is required or spouse may sign affidavit that property is not homestead and they have no interest in it. Signature must be notarized and witnessed.
6. If property is owned by Corporation/Company: (information required)
- An original Resolution showing who has authority to sign for corporation/company (recent date). Must contain the correct signature block and be notarized.(Corporate Seal required).
- The Corporation/Company must be in Good standing with the Florida Department of State Division of Corporations.
7. If property is owned by Partnership:
a. Partnership papers showing who has authority to bind partnership would be required.
8. If property is owned by off-shore corporation (Netherland Antilles) (information required)
a) Financial Statement
b) Alien Report
c) Who has authority to bind (Managing Director)
d) Right to do business in U.S. or Florida
9. If property owned in Trust we would need to see a copy of the trust agreement.
NOTE: If Power of Attorney is to be used for any signature – must be original Power of Attorney no older than 6 months with specific authority to execute deeds and covenants – signatures witnessed and notarized.
Chapter & Section of Code covering Deed of Dedication and Covenants: Deeds of dedication 54-58
Deeds of Dedication - Advantages to Property Owner for Dedicating
- The area being dedicated comes off the property tax rolls.
- The liability for the property being dedicated shifts to the City.
- The owner may find out what the property being dedicated is worth and possiblytake it off his federal income taxes as a dedication to the City. (Please note you must confirm this with the IRS or your tax person).
- The area being dedicated is unusable for building and setbacks are always measured from the base building line.