Broward County Commission Regular Meeting

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AI-29217

13.

Meeting Date:	06/11/2019
Director's Name:	Thomas Hutka
Department:	Public Works	Division:	Real Property

Information

Requested Action

MOTION TO AUTHORIZE County Administrator to execute a reciprocal cross access easement agreement between Broward County and Liberty Property Limited Partnership for their properties at or near the Ash Monofill and Waste-to-Energy Facilities and any other agreement necessary to effectuate the reciprocal cross access easement subject to the review and approval as to legal sufficiency of the Office of the County Attorney; and authorize recordation of same. (Commission District 7)

(Per the Tuesday Morning Memorandum, the Board's consideration of this Item will be based on the amended Motion Statement distributed by the Office of the County Attorney. In addition, the Agreements have been finalized and were distributed as Additional Material.)

ACTION: (T-10:51 AM) Approved as amended with Yellow-Sheeted Additional Material, 13(2) dated June 11, 2019, submitted at the request of the Office of the County Attorney. (See Yellow-Sheeted Additional Material, dated June 11, 2019, submitted at the request of the Public Works Department.)

VOTE: 9-0. Vice-Mayor Holness voted in the affirmative telephonically.

Why Action is Necessary

Board of County Commissioners' approval is required to delegate authority to the County Administrator.

What Action Accomplishes

Provides Broward County and Liberty Property Limited Partnership with cross access easements over each others' properties located at or near the Ash Monofill and Waste-to-Energy Facilities.

Is this Action Goal Related

Previous Action Taken

None.

Summary Explanation/Background

PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION AND SOLID WASTE AND RECYCLING SERVICES DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

Liberty Property Limited Partnership (Liberty) owns property located between the County's Ash Monofill and Waste-to-Energy plant. As part of Liberty's site development process, it was discovered that an access easement in favor of the County does not align with the paved driveway that runs across the Liberty property. The County and Wheelabrator uses this paved driveway to haul ash from the Waste-to-Energy plant and Ash Monofill site. Liberty also desires access across the County-owned property for better vehicular circulation for its property. The proposed reciprocal cross access easement would provide both the County and Liberty with reasonable access, ingress, and egress over each other's properties. The County's obligations under the reciprocal cross access easement will be assigned to Wheelabrator and any other future tenant, if any, of the Waste-to-Energy Facility.

Source of Additional Information

Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Jeff Turpin, Director, Solid Waste and Recycling Services, (954) 474-1849
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410

Fiscal Impact

Fiscal Impact/Cost Summary:

There is no fiscal impact to Broward County.

Attachments
Exhibit 1 - Aerial Location Map
Additional Material - Information
Additional Material - Information