Right of Way Dedication Check List
Requirements for the preparation and processing of a Right-of-Way dedication Deed
(all documentation is required to be submitted in DIGITAL FORM)
- a) Boundary Survey of the Property uploaded in e-Plan ProjectDox.
b) Sketch and Legal Description, from Surveyor, of the area being dedicated, in letter size, signed and sealed.
- Provide iBuild process number.
- Copy of the recorded Warranty Deed of property, and a current Opinion of Title (scan of original) 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.
- (For Deed Only) If there are mortgages on the property, provide an original “Partial Release of Mortgage” to be recorded by the City of Miami (letter size, must be submitted to this office) for the area being dedicated, between property owner and mortgage holder.
- If property is owned Individually, we require statement of marital status – if married, spouse’s signature is required. Spouse may sign affidavit that property is not homestead and they have no interest in it, subject to approval by the Law Department.
- If property is owned by Corporation/Company: (information required)
a)A Resolution (scan of original) showing who has authority to sign for corporation/company (recent date). Corporate Seal required if one exists.
b)The Corporation/Company must be in Good standing with the Florida Department of State Division of Corporations.
- If property is owned by Partnership:
a)Partnership papers showing who has authority to bind partnership would be required.
- If property is owned by off-shore corporation (Netherland Antilles) (information required)
c)Who has authority to bind (Managing Director)
d)Right to do business in U.S. or Florida
- 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 scan of original, no older than 6 months with specific authority to execute deeds and covenants, signatures witnessed and notarized.
Fee…. $1,125.00 (except properties that receives a homestead exemption pursuant to Article VII, Section 6(a) Florida Constitution with the right-of-way being enlarged by the dedication not part of the County or State road system).
Recording fee, will be calculated after the right-of-way deed has been fully prepared. Make check payable to: City of Miami.
NOTE: It takes approximately 11-13 weeks after a complete and acceptable packet is submitted for the dedication to be processed.
Chapter and Section of the Code covering Deed of dedication and covenants: Sec. 54-58, Sec. 2-268
Deeds of Dedication - Advantages to Property Owner for Dedicating
- The area being dedicated comes off the property tax rolls.
- Generally the liability of the property being dedicated shifts to the City.
- The owner may find out what the property being dedicated is worth and possibly take it off his/hers federal income taxes as a dedication to the City. (Please note you must confirm this with the IRS or your tax professional).
- The area being dedicated is unusable for building and setbacks are always measured from the base building line.
- Dedicating the corner radius results in adjacent streets being safer for motorists, and dedicating strips for widening leads to wider sidewalks, bike lanes, on-street parking, MUTCD-compliant vehicle lanes, etc.