Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Water & Wastewater Water Management
Information
Requested Action
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A. MOTION TO ADOPT Resolution authorizing the conveyance of real property owned by Water Control District No. 2, located at 700 SW 12 Avenue, Deerfield Beach, FL 33442, to Florida Department of Transportation (FDOT) by Quitclaim Deed, for transportation purposes to widen SW 10th Street, adjacent to Interstate 95; accepting an Amended Easement from FDOT for canal maintenance purposes; authorizing the Mayor and Clerk to execute the Quitclaim Deed and the Amended Easement. (Commission District 2)
(Per the Tuesday Agenda Memorandum, signature pages have been received.)
ACTION: (T-12:26 PM) Approved Resolution No. 2024-252. (Refer to minutes for full discussion.)
VOTE: 8-0. Commissioner Bogen was not present during the vote.
B. MOTION TO APPROVE Revocable License Agreement between Water Control District No. 2 and FDOT for the nonexclusive access and use of County-owned property located within the City of Deerfield Beach for use as a staging area for FDOT’s installation of utility infrastructure within adjacent FDOT-owned right-of-way; and authorize Mayor and Clerk to execute same. (Commission District 2).
(Per the Tuesday Agenda Memorandum, signature pages have been received.)
ACTION: (T-12:26 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 8-0. Commissioner Bogen was not present during the vote.
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Why Action is Necessary
Water Control District No. 2 Governing Board’s approval is required for Water Control District No. 2 to convey real property, to accept an interest in real property, and to enter into revocable license agreements.
What Action Accomplishes
Motion A: Conveys real property owned by Water Control District No. 2 to FDOT for public transportation purposes and accepts an amended easement allowing the County to access and maintain the adjacent C1 canal.
Motion B: Grants FDOT non-exclusive access and use of property owned by Water Control District No. 2 for FDOT’s use as a staging area for FDOT’s construction of utility infrastructure on adjacent FDOT-owned property.
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Previous Action Taken
None.
Summary Explanation/Background
PUBLIC WORKS DEPARTMENT/WATER MANAGEMENT DIVISION RECOMMENDS APPROVAL OF THE ABOVE MOTIONS.
FDOT has a large construction project that includes the widening of SW 10th Street which runs adjacent to Interstate 95 and the installation of utility infrastructure within FDOT’s property. FDOT has requested the County convey to FDOT a portion of the C1 Canal land (“Parcel”), owned by Water Control District No. 2 (“District”), for public transportation purposes of widening the street, which will allow for better traffic flow. Pursuant to Chapter 61-1969, Laws of Florida, Special Acts of 1961, as amended, the Broward County Board of County Commissioners is the governing board of the District.
District and FDOT entered into an Easement Agreement on August 15, 1974, which granted District a perpetual easement and right-of-way for the purpose of clearing, excavating, constructing, and maintaining outfall and drainage ditches, adjacent to the C1 canal. This Amended Easement will increase the easement area which is necessary because of the newly dedicated land to FDOT and will allow the County to continue to access and maintain the adjacent C1 canal.
District has determined that conveyance of the Parcel and acceptance of the Amended Easement promotes District’s water management purpose and is in the best interest of the District and the County.
FDOT has also requested a Revocable License Agreement (“Agreement”) which will allow FDOT to use County-owned property as a staging area for the construction of utility infrastructure on adjacent FDOT-owned property. The term of the Agreement is for one year from the Effective Date, with an option to extend up to two years. The Agreement provides that FDOT must repair any damage FDOT causes to the licensed area. The District can terminate the Agreement with or without cause. If the Agreement is terminated, FDOT must vacate the licensed area.
All documents have been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Alan Garcia, Director, Water & Wastewater Services, Public Works Department, (954) 831-0702
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Susan Bodmann, Director of Water Management Division, Public Works Department, (954) 831-0765
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.