Broward County Commission Regular Meeting


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AI-22621 12.       
Meeting Date: 06/13/2017  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action
MOTION TO ACCEPT Sovereignty Submerged Lands Easement situated in the Atlantic Ocean near Marine Drive, Pompano Beach granted by 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 4)

ACTION:  (T-10:35 AM)  Approved.

 
VOTE: 9-0.
Why Action is Necessary
Board of County Commissioners' approval is required to accept an interest in real property pursuant to Broward County Administrative Code, Section 6.23.
What Action Accomplishes
Provides Broward County with a non-exclusive submerged land easement for a facility servicing the North Regional Wastewater Treatment Plant.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION AND WATER AND WASTEWATER SERVICES RECOMMEND APPROVAL OF THE ABOVE MOTION.
 
Water and Wastewater Services operates the North Regional Wastewater Treatment Plant, which utilizes an ocean outfall pipe to dispose of treated wastewater effluent. This facility has been in service since 1975 and will cease normal operations except for peak outfall flows or emergency back up as of December, 2025.

In 2010, permits were received by Broward County to perform a project to replace the protective material over the facility with a protective cover mat. These repairs were completed in 2012. As part of this permit, the Florida Department of Environmental Protection required the County to obtain a sovereign submerged land easement due to its location on State lands. Florida Department of Environmental Protection also included this requirement in an Administrative Order associated with the renewal operating permit for the North Regional Wastewater Treatment Plant in 2013. After several discussions between the County and the State, the easement was finalized and signed off by staff of the Florida Department of Environmental Protection as to form. 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.
Source of Additional Information
Purvi A. Bhogaita, Director, Real Property Section, 954-357-7333
Alan Garcia, P.E., Director, Water and Wastewater Engineering Division, (954) 831-0707
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 - Easement
Exhibit 2 - Legal Description
Exhibit 3 - Aerial Location Map


    

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