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ITEM: APPROVAL OF AGREEMENT AMENDING QUITCLAIM DEED USE RESTRICTIONS FOR SECTION 24
REQUEST: Approval of Agreement Amending Quitclaim Deed Use Restrictions to permit construction of a cell tower in Section 24.
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EXPLANATION: In furtherance of its efforts to improve cell coverage in Wellington, the Council adopted Resolution No. R2023-24 in May of 2023, authorizing the Mayor to execute a comprehensive agreement with Arcadia Infrastructure I, LLC (Arcadia) for the marketing and lease of properties owned by Wellington or the Acme Improvement District to develop, construct, and maintain communications facilities.
Since the comprehensive agreement was executed, staff has worked with Arcadia to identify locations for the construction of new cell towers on property owned by Wellington or Acme. One of the proposed locations is Section 24, as this is the only property owned by Wellington in the western area of the community.
Wellington acquired Section 24 from the South Florida Water Management District (SFWMD) in February of 2009 via quitclaim deed. That deed contains certain restrictions that do not allow for the construction and maintenance of a cell tower on the property. Staff has worked with SFWMD to amend the quitclaim deed use restrictions to allow for the construction of a cell tower and accessory improvements in an area of Section 24 along Flying Cow Road, as depicted in yellow on the diagram included in the agenda packet. The cell tower area will be approximately 1,600 square feet (40'x40') and the structural design will require that the tower collapse area be no more than a 50' radius around the site. This location will serve the western area of Wellington and provides a higher degree of safety for visitors of Section 24, Moncada, and into the STA.
Staff recommends approval of the Agreement Amending Quitclaim Deed Use Restrictions. The Agreement will be presented to the SFWMD Board for approval at its April meeting.
BUDGET AMENDMENT ...
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