Broward County Commission Regular Meeting


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AI-25963 18.       
Meeting Date: 01/23/2018  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action
MOTION TO ADOPT Resolution No. 2018-027 authorizing the conveyance of a portion of County-owned property measuring 18,638 square feet, located on Loxahatchee Road in the Broward Municipal Services District, in exchange for reversionary interest in a portion of the property in favor of WSFM1, LLC to clear a cloud on title; authorize the Mayor and Clerk to execute all required documents to effectuate the exchange; and authorize recordation of the deeds. (Commission District 3)

ACTION:  (T-10:26 AM)  Approved.

 
VOTE: 8-0.  Vice-Mayor Bogen was not present.
Why Action is Necessary
Board of County Commissioners' approval is required to convey and accept an interest in real property pursuant to Florida Statutes, Section 125.37 and Broward County Administrative Code, Section 6.23.
What Action Accomplishes
Clear a cloud on title by providing Broward County with a parcel free and clear of any reversionary interest, which may be needed for future road improvements in exchange for a portion of property, which is no longer needed for County purposes.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION AND HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

The subject property is located on Loxahatchee Road approximately 0.6 miles west of Parkside Drive in the Broward Municipal Services District and is identified by Folio Number 4741-26-00-7050. The County acquired the parcel in 2012 from Palm Beach County as part of the "wedge" annexation. Palm Beach County acquired the property subject to a reverter clause in favor of the grantor, if the property is not used for road purposes. 
 
Since 2012, the grantors of the property recorded a series of deeds on the basis that the property reverted back to them for non-use. One of these deeds conveyed the property to WSFM1, LLC which is listed as the property owner on the Broward County Property Appraiser's website. Both County staff and WSFM1, LLC, agree that the property did not revert to the grantor. However, the recordation of the deeds has created a cloud on the title. In an effort to clear the cloud on the title, staff recommends conveying the southern portion of the parcel measuring approximately 18,638 square feet to WSFM1, LLC in exchange for WSFM1, LLC's reversionary interest in the northern portion of the property measuring 19,183. The portion that the County would retain is needed for future widening as part of the Broward County Trafficways Map. The exchange will extinguish the reverter language and clear up title issues for both the County and WSFM1, LLC. 

All documents have been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Purvi A. Bhogaita, Director, Real Property, (954) 357-7333
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 - Resolution
Exhibit 2 - Public Notice of Exchange of Real Property
Exhibit 3 - WSFM1 - Quit Claim Deed to County
Exhibit 4 - County Quit Claim Deed to WSFM1, LLC
Exhibit 5 - Property Appraiser Data Sheet
Exhibit 6 - Aerial Location Map


    

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