Broward County Commission Regular Meeting


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AI-27788 31.       
Meeting Date: 12/04/2018  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action
MOTION TO ADOPT Resolution No. 2018-517 to vacate two lake maintenance easements lying within Tracts B-15 and B-16 of the Weston Estates Plat, located approximately 130 feet north of Golfview Drive between Racquet Club Road and Bonaventure Boulevard in Weston at no cost to the County; Petitioners: Terra Weston Residential, LLC, Bonaventure Development District, and Botaniko Weston Community Association, Inc.; Agent: Greenberg Traurig, P.A.; Application for Vacation and Abandonment: 2018-V-07. (Commission District 1)

ACTION:  (T-10:59 AM)  Approved.  (Refer to minutes for full discussion.)

VOTE:  9-0.
Why Action is Necessary
Board of County Commissioners' approval is required to vacate lake maintenance easements pursuant to Broward County Administrative Code, Chapter 25.
What Action Accomplishes
Provides the property owners, Terra Weston Residential, LLC, Bonaventure Development District, and Botaniko Weston Community Association, Inc., with clear unencumbered title to the lands in the areas affected by this vacation.
Is this Action Goal Related
Previous Action Taken
The Board of County Commissioners approved the Resolution Authorizing Public Hearing on November 13, 2018 (Item No. 27).
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION RECOMMENDS APPROVAL OF THE ABOVE MOTION.

The two lake maintenance easements to be vacated both lying within Tracts B-15 and B-16 of the Weston Estates Plat as recorded in Plat Book 181, Pages 168 through 175 of the Public Records of Broward County are located approximately 130 feet north of Golfview Drive between Racquet Club Road and Bonaventure Boulevard in Weston in Section 05, Township 50 South, Range 40 East. The Folio Numbers affected by this proposed vacation are 5040-05-12-1420 and 5040-05-12-1430.

Vacating these lake maintenance easements will provide clear and unencumbered title to the property owners, Terra Weston Residential, LLC, Bonaventure Development District, and Botaniko Weston Community Association, Inc.

The City of Weston approved this vacation by adopting Resolution No. 2017-95 on August 21, 2017. The Petitioner published a Notice of Intent to vacate on November 18, 2017 and November 25, 2017.

The vacation application and fee were received, and the fee was deposited by the County's Real Property Section on March 20, 2018.

Review of this application by the County Attorney's Office, applicable Broward County agencies and utility companies was completed on October 11, 2018. No reviewing agency has indicated that these lake maintenance easements are currently used, nor is there a plan for future use. No objections to this vacation were raised by any of the reviewing agencies.

The Board of County Commissioners approved the Resolution Authorizing Public Hearing on November 13, 2018 (Item No. 27).

This vacation application has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410

Fiscal Impact
Fiscal Impact/Cost Summary:
Revenue was collected and deposited in the amount of $1,200 as a vacation application fee.

Vacating these lake maintenance easements will have little or no effect on ad valorem taxes.
Attachments
Exhibit 1 - Application
Exhibit 2 - Sketch & Legal Description and Location Sketch
Exhibit 3 - Review and Approval of Vacation Petition Application
Exhibit 4 - Resolution to Adopt Vacation
Exhbit 5 - Notice of Adoption
Exhibit 6 - Aerial Location Map


    

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