File #: ORD 2023-029    Name: Hillsboro Reserve ROW Dedication
Type: Ordinance Status: Passed
File created: 9/6/2023 In control: City Commission
On agenda: 10/12/2023 Final action:
Title: AN ORDINANCE ACCEPTING THE CONVEYANCE OF TITLE FROM 4211 SP, LLC TO FORM PORTIONS OF THE RIGHT-OF-WAY FOR NW 74TH STREET. (SECOND READING)(PUBLIC HEARING)
Indexes: Ordinance, Real Property, Right-of-Way
Code sections: 13-42 - Transactions Involving the City's Interests in Real Property, Charter Section 310 - Action Requiring an Ordinance
Attachments: 1. ORDINANCE 2023-029-Hillsboro Reserve Right-of-way Dedication, 2. EXHIBIT 1-Deed/Legal Description-Hillsboro Reserve Right-of-way Dedication, 3. BACKUP-Aerial Photo-Hillsboro Reserve Right-of-way Dedication, 4. BACKUP-Application Request-Hillsboro Reserve Right-of-way Dedication

AGENDA ITEM REPORT

TITLE:

title

AN ORDINANCE ACCEPTING THE CONVEYANCE OF TITLE FROM 4211 SP, LLC TO FORM PORTIONS OF THE RIGHT-OF-WAY FOR NW 74TH STREET. (SECOND READING)(PUBLIC HEARING)

 

body

BACKGROUND:

This item was approved on First Reading at the September 28, 2023, City Commission Meeting.

The property owner of 4211 NW 74th Street, 4211 SP, LLC, proposes to convey a 15 foot strip of their land to the City of Coconut Creek for the purpose of creating road right-of-way. As a part of a proposed development plan for the property, the Broward County Engineering Division is requiring the owner to convey the land in order to satisfy the right-of-way requirements for NW 74th Street. Typically, right-of-way is conveyed and/or dedicated through the platting process, but it was determined by Broward County that in this case platting was not required as long as the right-of-way conveyance was satisfied.

DISCUSSION:

Section 310 of the City Charter and Section 13-42, “Transactions involving the city’s interest in real property,” of the City’s Land Development Code require that all land transactions acquiring fee simple interest in real property by purchase, dedication, or condemnation, shall be approved by ordinance. 

Section 13-42(b)(2), “Acquisition of real property,” states that the City Commission may, upon completion and review of a property transaction site assessment, unless such site assessment is waived in writing by the City Manager, or their designee, acquire fee simple title. The City’s Utilities and Engineering Director has waived the property transaction site assessment for this application. Also pursuant to this section, these requests only require City Commission approval; no Planning and Zoning Board review is required.

RECOMMENDATION:

Staff recommends approval of this ordinance.

FISCAL IMPACT: N/A