Broward County Commission Regular Meeting


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AI-16350 6.       
Meeting Date: 04/22/2014  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action

A. MOTION TO ADOPT Resolution No. 2014-239 dedicating a portion of an unbuildable parcel of land that escheated to Broward County under Florida Statutes, Section 197.502(8) for delinquent real estate taxes for use by Broward County for road purposes including any incidental uses thereto and/or other public purposes; authorizing retention of title to this portion of the parcel; authorizing recordation of the Resolution. (Commission District 5)

ACTION: (T-10:24 AM) Approved.

VOTE: 8-0. Commissioner Jacobs was not present.

B. MOTION TO ADOPT Resolution No. 2014-240 authorizing conveyance of a portion of an unbuildable parcel of land that escheated to Broward County under Florida Statutes, Section 197.502(8) for delinquent real estate taxes to the Town of Davie by quit claim deed pursuant to Florida Statutes, Section 197.592(3); authorizing the Mayor and Clerk to execute the quit claim deed; and authorizing recordation of same. (Commission District 5)

ACTION: (T-10:24 AM) Approved.

VOTE: 8-0. Commissioner Jacobs was not present.

Why Action is Necessary
Motion A. Board of County Commissioners' approval is required to dedicate real property acquired due to delinquent taxes pursuant to Florida Statutes, Section 197.592(3) and Broward County Administrative Code, Section 6.23j.

Motion B. Board of County Commissioners’ approval is required to convey real property acquired due to delinquent taxes pursuant to Florida Statutes, Section 197.592(3) and Broward County Administrative Code, Section 6.23j.
What Action Accomplishes
Motion A. Dedicates this parcel of land for road purposes including any incidental uses thereto and/or other public purposes and pursuant to Florida Statutes, Section 197.592(3).

Motion B. Conveys the property to the municipality within which it is located pursuant to Florida Statutes, Section 197.592(3).
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 MOTIONS.

Broward County owns approximately 1.09 acres of property consisting mostly of a canal alongside Pine Island Road just south of State Road 84 in the Town of Davie. The County acquired the parcel after it escheated to the County for non-payment of taxes. Title was conveyed to the County on December 27, 1993 via tax deed as recorded in Official Records Book 21570, Page 190 of the Public Records of Broward County pursuant to Florida Statutes, Section 197.502(8) since there were no bidders at public sale. The parcel is zoned R-1T (Mobile Homes) per the Town of Davie.

In August 2013, all applicable County agencies as well as the Central Broward Water Control District were solicited for potential County use of the original parcel or rights therein. Highway Construction and Engineering Division stated that a portion of the parcel was needed for Capital Improvement Project Number 5399.  Part of the project consists of making improvements to Pine Island Road between Nova Drive and State Road 84. Highway Construction and Engineering Division determined the size of the parcel needed to complete the capital improvement project and provided a new sketch and legal description for the remaining portion. Real Property Section requested the Property Appraiser’s Office split the parcel as requested by the Highway Construction and Engineering Division and assign each parcel its own folio number.

Motion A:

Parcel A identified by folio number 5041-16-01-0011 measures approximately 25 feet by 115 feet and contains approximately 2,893 square feet (0.06 acres). This parcel is needed for road expansion and/or improvements associated with the Capital Improvement Project Number 5399.

The former owner of this property did not file a verified application seeking a return of the property. Pursuant to Florida Statutes, Section 197.592(3), property escheated to the County for delinquent ad valorem taxes which has not been previously sold or dedicated and which has not been conveyed to the former record fee simple owner shall be conveyed to the municipality in which the property is located.  Dedicating this parcel for County use would allow the County to retain ownership and prevent transfer to the Town of Davie.

Motion B:

Parcel B identified by folio number 5041-16-01-0010 measures approximately 35 feet by 1,276 feet and contains approximately 44,666 square feet (1.025 acres). Most of the parcel is a canal which makes it unbuildable.

The former owner of this property did not file a verified application seeking a return of the property. Pursuant to Florida Statutes, Section 197.592(3), property escheated to the County for delinquent ad valorem taxes which has not been previously sold or dedicated and which has not been conveyed to the former record fee simple owner shall be conveyed to the municipality in which the property is located.

Sources of additional information: Purvi A. Bhogaita, Director, Real Property Section, 954-357-7333; Scott Campbell, Director, Facilities Management Division, 954-357-5590; Richard Tornese, P.E., Director, Highway Construction and Engineering Division, 954-577-4579; Thomas J. Hutka, P.E., Director, Public Works Department, 954-357-6410.

Fiscal Impact
Fiscal Impact/Cost Summary:

Motion A: Title to Parcel A will remain with the County. There is no fiscal impact other than the continued maintenance and insurance of this parcel.

Motion B: Title to Parcel B will be transferred from Broward County to the Town of Davie, the municipality within which it is located. There is no fiscal impact other than avoidance of potential liability and maintenance costs.

Attachments
Exhibit 1 - Davie Dedication Resolution
Exhibit 2 - Resolution a & QCD Parcel B
Exhibit 3 - Tax Deed
Exhibit 4 - Property Appraiser's Data Sheet - Parcel A
Exhibit 5 - Property Appraiser's Data Sheet - Parcel B
Exhibit 6 - Aerial Location Map


    

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