Broward County Commission Regular Meeting


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AI-24859 65.       
Meeting Date: 06/13/2017  
Director's Name: Joni Armstrong Coffey
Department: County Attorney  

Information
Requested Action
A. MOTION TO APPROVE Amendment to March 18, 2016, Settlement Agreement (the "Settlement Agreement") Between Broward County (the "County") and North Springs Improvement District ("NSID") to clarify the description of Hillsboro Boulevard/County Line Road west of Nob Hill Road (the "Road"), to be transferred from NSID to the County under the Settlement Agreement, and to provide for ingress and egress on, and to, the Road during construction of a roundabout by WCI Communities, LLC ("WCI").

ACTION:  (T-11:20 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Geller abstained from voting on this item.

B. MOTION TO APPROVE Agreement for Temporary Traffic Easement (Exhibit B to the Settlement Agreement), approving a temporary traffic easement to be executed by WCI, and the County, allowing the County to use WCI's property as a means for vehicles to turn around while WCI constructs a roundabout in, and on, the Road (the "Easement").

ACTION:  (T-11:20 AM)  Approved.  (Refer to minutes for full discussion.)
 
VOTE: 8-0.  Commissioner Geller abstained from voting on this item.
Why Action is Necessary
An amendment to the Settlement Agreement is required to clarify the description of the Road to be transferred under the Settlement Agreement. The Agreement for Temporary Traffic Easement is necessary to allow ingress and egress in, and on, the Road during construction of a roundabout at the end of the Road.
What Action Accomplishes
Amends settlement between the County and North Springs Improvement District and provides public access on Hillsboro Boulevard.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
The Department of Public Works, Water and Wastewater Services Division, and Highway Construction and Engineering Division concur with and recommend approval of this amended settlement. In March 2016, the County and North Springs Improvement District ("NSID") settled a dispute over the treatment of wastewater under the Large User Agreement. A copy of the Settlement Agreement is attached hereto as Exhibit 1.

Hillsboro Boulevard has been constructed by NSID from Nob Hill Road to the western terminus, approximately 1.4 miles west of Nob Hill Road.

As part of the settlement, the County agreed to accept ownership of the Road. County staff and NSID agree that the description of the Road in the Settlement Agreement needs to be clarified. The Amendment to the Settlement Agreement provides such clarification. 

WCI is the owner of a small portion of Hillsboro Boulevard at the end of the Road, from the point at which NSID's ownership ceases, to the end of Hillsboro Boulevard, approximately 300 feet. After NSID and the County entered into the Settlement Agreement, County staff determined that a traffic roundabout should be constructed at the western terminus of the Road to provide a turnaround on the Road. Part of the property that will make up the traffic roundabout is currently owned by WCI. WCI has agreed to dedicate that portion of property to the County by plat. WCI has also agreed to grant the County a temporary traffic easement while the traffic roundabout is being constructed so that WCI's property lying west of the proposed roundabout may be used as a means for vehicles to turn around at the terminus of Hillsboro Boulevard. The Amendment to the Settlement Agreement requires the County to accept the Easement before WCI must deliver the executed Easement to it. Thus, the Agreement for Temporary Traffic Easement (Exhibit B to the Settlement Agreement) has not yet been executed by WCI. 

The Amendment to the Settlement Agreement (Exhibit 2) is proposed to reflect the various transfers needed to construct the traffic roundabout.
Source of Additional Information
Angela  F. Benjamin, Assistant County Attorney, 954-357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
The sources of funds are NRWWTP Disposal System - Transmission System (4620-126-9193-6500) and Reclaimed Water Transmission System Expansion (4620-126-9257-6500).
Attachments
Exhibit 1 - Copy of Settlement Agreement
Exhibit 2 - Copy of Amendment to Settlement Agreement


    

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