Broward County Commission Regular Meeting
Director's Name: Bertha Henry
Department: County Administration Division: Real Property
Information
Requested Action
title
MOTION TO ADOPT Resolution No. 2020-722 accepting a quitclaim deed from the State of Florida, Department of Transportation (FDOT) for certain real property located at NE 7th Avenue in the city of Hollywood for the public purpose of protecting the approach and transition zone for Runway 9R/27L at the Fort Lauderdale-Hollywood International Airport and authorizing recordation of the deed of conveyance; and approving the conveyance of certain County-owned property located at NE 7th Avenue in the city of Hollywood to FDOT, authorizing the Mayor or Vice-Mayor to execute the quitclaim deed transferring the County-owned property to FDOT and the County Administrator to attest to its execution, and authorizing recordation of same. (Commission District 7)
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Why Action is Necessary
Board of County Commissioners' approval is required to accept an interest and convey real property pursuant to Broward County Administrative Code, Section 6.23.
What Action Accomplishes
Accepts a quitclaim deed from FDOT conveying certain property to County and authorizes the conveyance of certain County-owned property to FDOT.
Is this Action Goal Related
No
Previous Action Taken
None
Summary Explanation/Background
REAL PROPERTY SECTION AND THE AVIATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.
On June 19, 2001 (Item No. 4), the Board of County Commissioners of Broward County adopted Resolution 2001-515 approving the application for the conveyance of 1.10 acres of land owned by FDOT to the County for the public purpose of protecting the approach and transition zone for Runway 9R/27L at the Fort Lauderdale-Hollywood International Airport. However, the legal description included within the quitclaim deed that FDOT provided pursuant to Resolution 2001-515 mistakenly conveyed a parcel of real property consisting of 3.39 acres of land to County.
After learning of this mistake from an internal review, FDOT approached the County in July 2019 requesting a corrective deed. It was determined that a corrective deed could not be executed because the execution of a corrective deed could create a cloud in the title of the remaining 2.29 acres that FDOT never intended to transfer to the County pursuant to Resolution 2001-515. Both FDOT and the County agreed that the best way to rectify the error and clear the chain of title was for the County to transfer the 3.39 acres of land that was conveyed pursuant to Resolution No.2001-515 back to FDOT and for FDOT to convey the property it intended to convey consisting of 1.10 acres of land to County.
All documents have been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Lary S. Mahoney, Director, Real Estate Development, (954) 357-7357
Steve Hammond, AIA, Acting Director, Public Works Department, (954) 357-6410
Mark Gale, Director, Aviation Department, (954) 359-6199
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.