THE AVIATION DEPARTMENT AND PARKS AND RECREATION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
The proposed actions as part of this Board item will authorize BCAD to transfer the Property to the County and remove a restriction on County-owned property adjacent to the Property to allow public access from the Property.
Motion A
This action approves the transfer of certain real property identified in Exhibit 1 from BCAD to the County. The Property will be used for access to Boater’s Park, and is immediately adjacent to the property that was transferred from BCAD to the County in 2016 for the new Animal Care Facility.
The Property was purchased by BCAD with funds from the Federal Aviation Administration ("FAA") and the Florida Department of Transportation ("FDOT") for noise compatibility purposes. As such, both the FAA and FDOT needed to consent to the transfer. An approval letter was received from the FAA on November 8, 2018 (Exhibit 2), and from FDOT on August 23, 2018 (Exhibit 3).
The fair market value appraisal performed in September 2017 concluded that the Property had a market value of $777,000. Payment for the sale of the Property will be transferred from the County’s General Capital Fund to the Aviation Enterprise Fund.
Motion B
Approval of this resolution is required pursuant to Bond Resolution No. 2012-320, to determine that the sale of the Property will not impair the ability of the County to repay the bond (Exhibit 4).
Motion C
Under the 1987 Land Acquisition and Relocation Assistance Program for Broward County’s Fort Lauderdale-Hollywood International Airport ("FLL"), residential parcels that were impacted by FLL noise were acquired by the County. The County received assistance in funding the acquisition through grants received from the FAA and FDOT. As a condition of making grant funds available, noise-impacted properties are required to be made Airport-compatible through appropriate restrictions on the use of the property. The Declaration of Covenants, Restrictions, and Easements (“Declaration”) contains restrictions, which include prohibiting residential uses, operations that could constitute an airport hazard, and other uses that are not compatible with the Airport. Approval of the Declaration will allow for the recording of same in order to ensure that use of the Property is compatible with the Airport (Exhibit 5).
Motion D
In 1995, the County recorded a Declaration of Restrictive Covenants (the "Original DRC") on the land adjacent to the Property. The Original DRC created a 100-foot buffer on the north side of the Dania Cutoff Canal called the Greenways and contains a restriction stating that the sole access to the Greenways by the public shall be from the Dania Cutoff Canal. The County would now like to allow access to the Greenways by the public through the Property. Approval of the Amendment to the Original DRC will allow such access (Exhibit 6).
The proposed documents in these actions have been reviewed and approved by the Office of the County Attorney's Office. |