Broward County Commission Regular Meeting
Director's Name: Lary S. Mahoney
Department: Public Works Division: Real Property and Real Estate
Information
Requested Action
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MOTION TO ADOPT Resolution declaring surplus to the County’s needs, a parcel of real property located at Carolina Street in the City of Pembroke Park, Florida, consisting of approximately 31,501 square feet of industrially zoned land (“Property”), authorizing the sale of the Property by quit claim deed to the highest and best bidder for the highest and best use determined by the Board of County Commissioners (“Board”) in accordance with Section 125.35(1)(a), Florida Statutes, directing the Real Property and Real Estate Development Division to manage the sale of the Property including advertising the sale of the Property as required in Section 125.35(1)(c), Florida Statutes, approving the Purchase and Sale Agreement (“PSA”) and Quit Claim Deed attached to the proposed Resolution, and authorizing the County Administrator to execute the PSA and the Quit Claim Deed, subject to review and approval for legal sufficiency by the Office of the County Attorney. (Commission District 6)
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Why Action is Necessary
Board of County Commissioners' approval is required to adopt a Resolution.
What Action Accomplishes
Adopts the proposed Resolution for purposes of selling the Property in accordance with Section 125.35(1)(a), Florida Statutes.
Is this Action Goal Related
No
Previous Action Taken
None.
Summary Explanation/Background
Broward County (“County”) is the owner of the subject parcel of land identified by Folio No. 5142-20-00-0440 (“Property”). The Property is approximately 31,501 square feet in size and is located at Carolina Street in the City of Pembroke Park, Florida. The Property is zoned industrial, M-1, under City of Pembroke Park zoning codes.
The County involuntarily became the owner of the Property due to the Property’s previous owner Petroleum Products Corporation’s ("PPC") failure to pay taxes, resulting in a Tax Deed issued to the County on August 24, 2001, and recorded on November 7, 2002, in Official Records Book 34067, Page 220 of the Official Records of Broward County.
The Property is situated within a three acre site known as the Petroleum Products Corporation Superfund Site (“PPC Superfund Site”), bounded by Pembroke Road to the north, SW 31st Avenue to the east, Carolina Street to the south, and South Park Road to the west. The PPC Site includes several commercial properties and small businesses, mobile home/trailer parks to the south and west, and light industrial/commercial businesses to the east and west.
The term “Superfund” is used to described sites the United States Environmental Protection Agency has declared as contaminated by hazardous waste. Before the County owned the Property, PPC operated as a processor and broker of waste oil and other petroleum products, including the processing of used oil using a sulfuric acid-clay refining process. This process led to, among other issues, the creation of sludge pits that would overflow and spread oil and sludge across the PPC Superfund Site. The County is currently a member of a group known as the “Participating Parties” pursuant to a Participation Agreement (approved by the Board on June 11, 2019, Agenda Item No. 71) aimed at raising the funds required to address soil and groundwater contamination on the PPC Superfund Site.
All applicable Broward County agencies were solicited for potential County use of the Property or rights therein, and no current or future use was identified for the Property. Further, declaring the Property surplus and selling same could reduce future liability to the County for matters related to the PPC Superfund Site and the condition of the Property, and would result in placing the Property back on the County’s tax roll.
The proposed Resolution declares the Property surplus, authorizes the sale of the Property to the highest and best bidder for the highest and best use, pursuant to Section 125.35(1)(a), Florida Statutes, and directs the County’s Real Property and Real Estate Development Division to manage the sale of the Property, including complying with required notices under Section 125.35(1)(c), Florida Statutes.
Additionally, the proposed Resolution approves the Purchase and Sale Agreement (“PSA”), which includes a Quit Claim Deed (“Quitclaim Deed”), in substantially the form attached to the proposed Resolution and authorizes the County Administrator to execute the PSA and Quit Claim Deed with the highest and best bidder for the highest and best use, subject to review and approval for legal sufficiency by the Office of the County Attorney.
All documents included herein have been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Lary S. Mahoney, Director of Real Property and Real Estate Development Division, 954-357-7357
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
Proceeds from the sale of this property will be deposited into 10010-61208000-490010.