Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The City Attorney To File A Civil Action To Enforce The City's Rights Under A Utility Easement On Property Owned By BV Collazo at 1301 N. 70 Ave To Facilitate Installation Of Lift Station A-9.
Body
Recommendation: Approval of the attached resolution.
Explanation:
In 1958, the property located at 1301 N 70 Ave (the "Property") was platted as a part of the Boulevard Heights Section 4 plat. As a part of the plat, the owner of the Property granted a 6-foot utility easement (the "Easement") along the south side of the Property. The Easement encumbers the Property to this day. The current owner of the Property is BV Collazo.
The City of Hollywood Public Utilities Department is beginning a project to install a new lift station (Lift Station A-9) on property just south of the Property. In order to install Lift Station A-9, Public Utilities must (i) temporarily move Mr. Collazo's fence that's currently on the Easement property and (ii) temporarily place equipment on the Easement property. Public Utilities and the City Attorney's Office have contacted Mr. Collazo, but he has strongly objected to Public Utilities' use of the Easement property for this project.
Section 7.02(b)(4) of the City Charter requires the City Attorney, when requested to do so by resolution of the City Commission, to prosecute and defend on behalf of the City all complaints, suits and controversies in which the City is a party. The City Attorney recommends that the City Commission authorize him to file a civil action to enforce the City's rights under the Easement to facilitate the installation of Lift Station A-9.
Recommended for inclusion on the agenda by:
Jeffrey Sheffel, City Attorney
Cathy Swanson-Rivenbark, City Manager
Wazir Ishmael, Assistant City Manager for Sustainable Development
Steve Joseph, Director of Public Utilities