Broward County Commission Regular Meeting

MOTION TO ACCEPT Sovereignty Submerged Lands Easement located over the New River at SE 3rd Avenue in Fort Lauderdale from the Board of Trustees of the Internal Improvement Trust Fund for a term of 50 years at no cost to the County; authorize the Mayor and Clerk to execute the easement and authorize recordation of same. (Commission District 7)

ACTION:  (T-12:18 PM)  Approved.

VOTE:  9-0.

Board of County Commissioners' approval is required to accept an interest in real property pursuant to Broward County Administrative Code, Section 6.23.

Provides Broward County with a non-exclusive easement for the SE 3rd Avenue bridge over the New River.

None.

THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION AND HIGHWAY AND BRIDGE MAINTENANCE AND HIGHWAY CONSTRUCTION AND ENGINEERING RECOMMEND APPROVAL OF THE ABOVE MOTION.

The State of Florida has jurisdiction of all navigable waterways in Florida. The County owns and maintains the bridge over the New River on SE 3rd Avenue. In the process of due diligence related to the Florida Department of Environmental Protection (DEP) Environmental Resource Permit issued on May 4, 2017, staff discovered there is no recorded easement in favor of the County for the bridge. To clear up title concerns, the State has agreed to grant this easement which is backdated to coincide with the permit. The easement has been signed off as to form by the DEP attorney. The proposed easement is the State's standard form and for a term of 50 years. It provides that future fees may be imposed if there is a change in state law or regulations. As part of its standard form easement, the State does not warrant title and all rights granted to the County are subject to any federal rights and prior grants. The State's process requires acceptance of the easement by the County prior to execution of same by the State.

All documents have been reviewed and approved as to form by the Office of the County Attorney.

Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Anh Ton, Director, Highway and Bridge Maintenance, (954) 357-6040
Richard Tornese, Director Highway Construction and Engineering, (954) 577-4579
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410