Broward County Commission Regular Meeting


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AI-26545 36.       
Meeting Date: 05/08/2018  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action
MOTION TO ADOPT Resolution No. 2018-223 to vacate a portion of SW 28th Street and two adjacent drainage easements lying within D & M Acres Plat, located at 2781 and 2801 SW 156th Avenue in the Town of Davie at no cost to the County; Petitioners: Donald and Nancy Geeting and Tracy and Bobby Chancey; Agent: The Mellgren Planning Group; Application for Vacation and Abandonment: 2017-V-14. (Commission District 5)

ACTION:  (T-4:04 PM)  Approved.  (Refer to minutes for full discussion.

VOTE:  9-0.
Why Action is Necessary
Board of County Commissioners' approval is required to vacate right-of-way and easements pursuant to Broward County Administrative Code, Chapter 25.
What Action Accomplishes
Provides the property owners Donald and Nancy Geeting and Tracy and Bobby Chancey, 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 April 10, 2018 (Item No. 19).
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION RECOMMENDS APPROVAL OF THE ABOVE MOTION.

The portion of SW 28th Street and the two adjacent 10-foot-wide drainage easements to be vacated, lie within D & M Acres Plat as recorded in Plat Book 85, Page 15 of the Public Records of Broward County and are located at 2781 and 2801 SW 156th Avenue in the Town of Davie in Section 21, Township 50S, Range 40E. The Folio Numbers affected by this proposed vacation are 5040-21-03-0360 and 5040-21-03-0370.

Vacating this right-of-way and drainage easements will provide clear and unencumbered title to the property owners: Donald and Nancy Geeting and Tracy and Bobby Chancey.

The Town of Davie approved this vacation by adopting Ordinance 2017-018 on May 17, 2017. The Petitioner published a Notice of Intent to vacate on June 28, 2017 and July 5, 2017.

The vacation application and fee were received and the fee was deposited by the County's Real Property Section on August 3, 2017.

Review of this application by the County Attorney's Office, applicable Broward County agencies and utility companies was completed on February 15, 2018. No reviewing agency has indicated that the portion of right-of-way and the two adjacent drainage 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 April 10, 2018, (Item No. 19).

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 this portion of right-of-way and two adjacent drainage easements will increase the assessed land value to the petitioners, resulting in additional property taxes beginning in 2019.
Attachments
Exhibit 1 - Application
Exhibit 2 - Sketch & Legal Description and Location Sketch
Exhibit 3 - Review & Approval of Vacation Petition Application
Exhibit 4 - Resolution to Adopt Vacation
Exhibit 5 - Notice of Adoption
Exhibit 6 - Aerial Location Map


    

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