HomeMy WebLinkAboutR-2023-033 Requesting Broward County to Transfer Vacant Right-of-Way Bryan Road and W. Dania Beach Blvd. Passive Park executed RESOLUTION NO. 2023-0
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO REQUEST
BROWARD COUNTY TO TRANSFER THE VACANT RIGHT-OF-WAY
ALONG DANIA BEACH BOULEVARD AND BRYAN ROAD TO THE CITY
FOR A PARK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach has been in negotiations with Broward Public
Works regarding the undeveloped right-of-way off of Dania Beach Blvd and Bryan Road, which
is a vacant right-of-way (ROW) that was originally proposed to be a bridge over the canal, which
parcel is further identified in and incorporated by reference into this resolution as Exhibit A.; and
WHEREAS, last year the bridge concept has been abandoned by the City and Broward
Metropolitan Planning Organization(MPO); and
WHEREAS,half of the vacant area is owned by the City of Dania Beach; and the second
half is owned by Broward County; and
WHEREAS,Broward County transit wants to use its parcel for stormwater drainage; and
WHEREAS, on January 12, 2021, the City Commission of Dania Beach adopted
Resolution No. R-2020-125 ("Development Order") approving a site for a mixed-use
development known as 90 Wave (the "Project") by the Developer Dania Beach Marina Corp,
which project is located adjacent to the vacant parcel referenced above; and
WHEREAS, the Project includes an off-site improvement consisting of a passive park to
be constructed ("Park Improvements") within the above referenced vacant lot, as depicted in and
incorporated by reference into this resolution as Exhibit B; and
WHEREAS, according to the City's discussions with the Broward County Right-of-Way
Division, the County is amenable to the Developer creating the passive park, provided a use
agreement is executed between Broward County, the City and the Developer; and
WHEREAS, the terms in the use agreement will include that the Developer provide
parking for the residents to use the park and the Developer will install a 48" stormwater pipe
under the park for future road drainage needs of Broward County; and
WHEREAS, the Developer is amenable to the County's conditions, however, the County
wants to continue to own the land, versus providing the City title to the land, while retaining an
easement for stormwater purposes; and
WHEREAS, in order for the County to entertain a transfer of title of the land to the City,
while retaining a County easement for drainage purposes to use the 48" stormwater pipe for
overflow drainage of Bryan Road, the City must issue a formal request to have the land
determined to be surplus; and
WHEREAS, the Mayor and City Commission urge the County Administrator, and the
Mayor and County Commission to support the City of Dania Beach's request to transfer title to
the City, while retaining a stormwater easement under the land;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Manager is authorized to make a formal request of Broward
County to transfer title to the vacant parcel identified in Exhibit A hereto, to the City of Dania
Beach for park purposes, while retaining a stormwater easement under the land.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 4. That this Resolution shall become effective immediately upon its passage
and adoption.
PASSED and ADOPTED on March 28, 2023.
ATTEST •
ELORA C ARC BA J. R AIN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS: ' 1z,AA 4\\
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E E BO SIS 0.44 00, c= A,
T ATTORNEY
2 RESOLUTION#2023-033
Exhibit"A"
Legal Description
33-50-42 N 75 OF NW1/4 OF NW1/4 OF SE1/4 OF SE1/4 LESS E 110 & LESS
W 30 FOR R/W & LESS BEG SE COR SEC 33,NLY ALG E/L 1340.78, WLY
1118.51,SLY 50.01 FOR POB, CONT SLY 25 TO NE COR PAR A CLARKE
SUB 101/32 B,WLY ALG N/L 186.10 TO NW COR PAR A,NELY 35.36,ELY
ALG/L 25 N OF & PAR/W N/L PAR A 161.55 TO POB
3 RESOLUTION#2023-
Exhibit B
EXISTING PROPOSED
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