Title
MOTION TO ADOPT PROPOSED RESOLUTION NO. 2026-R-17.
PROPOSED RESOLUTION NO. 2026-R-17 IS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PEMBROKE PINES, FLORIDA VACATING THE UNPLATTED UTILITY EASEMENT RECORDED IN BROWARD COUNTY OFFICIAL RECORDS BOOK 29693, PAGE 1015 AND BOOK 29820, PAGE 869, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND INCORPORATED HEREIN, ON THE PROPERTY LOCATED AT 151 SW 184TH AVENUE, PEMBROKE PINES, FL 33029, MORE PARTICULARLY DESCRIBED BY ITS LEGAL DESCRIPTION IN EXHIBIT “B”, ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR RECORDATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
1. Wal-Mart Stores East, LP has submitted an application requesting the vacation of an existing non-platted City utility easement located on the property at 151 SW 184th Avenue, Pembroke Pines, Florida. The property is identified by Folio Nos. 5140-19-02-2211 and 5140-19-02-2210. The easement proposed for vacation was recorded in Broward County Official Records Book 29693, Page 1015, and dedicated under Official Records Book 29820, Page 869.
2. According to the applicant, the subject easement was dedicated in 1999 when the property was originally developed as a Walmart Neighborhood Market. The property was subsequently expanded and redeveloped as a Walmart Supercenter, which included a complete redesign of the site layout and utility infrastructure. As part of the redevelopment, a new utility easement was recorded under Official Records Book 40614, Page 1303, and a Bill of Sale for the utility improvements was recorded under Official Records Book 40614, Page 1436.
3. The applicant states that the original utility easement no longer reflects the existing utility layout and no longer serves its intended purpose. The utility easements recorded in 2005 remain in effect and continue to provide the necessary utility access and protection for the existing infrastructure. The requested vacation applies only to the original utility easement and does not affect the easements recorded as part of the 2005 redevelopment.
The applicant has submitted a complete application package in accordance with the City's Application for Non-Platted Utility Easement Vacation requirements, including:
• Completed and signed application;
• Proof of property ownership;
• Property legal description;
• Signed and sealed easement sketch and legal description;
• Project narrative and supporting exhibits; and
• Required utility provider "No Objection" letters.
4. Engineering staff has reviewed the application and supporting documentation and has determined that the application satisfies the City's submittal requirements for a utility easement vacation request. Based on the information provided by the applicant and the supporting documentation submitted, staff has no objection to the vacation of the subject easement, as the easement has been superseded by the utility easements recorded in 2005. Approval of this request will remove an obsolete utility easement from the public records while leaving all existing utility easements necessary to serve the property in place.
5. Accordingly, staff recommends approval of the proposed Non-Platted City Utility Easement Vacation.
Financial Impact
FINANCIAL IMPACT DETAIL:
a) Initial Cost: None.
b) Amount budgeted for this item in Account No: Not Applicable.
c) Source of funding for difference, if not fully budgeted: Not Applicable.
d) 5 year projection of the operational cost of the project: Not applicable.
e) Detail of additional staff requirements: Not Applicable