SUBJECT:
Title
Request Approval of a Resolution Authorizing Acquisition of Real Property Interests by Gift, Purchase, or Eminent Domain for the SW/NW 80th/70th Avenue Road Improvement Project in Marion County, Florida (Budget Impact - Neutral)
Body
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
The Board of County Commissioners has previously approved multiple Resolutions for the acquisition of interests in real properties related to the SW/NW 80th/70th Avenue Road Project. This Resolution seeks to acquire property interests from four (4) additional project parcels, identified in the attached chart, related to Segment 1B of this road project, which we have not yet been able to acquire through negotiation. Segment 1B is SW 80th Avenue from 0.25 miles north of SW 80th Street to 0.5 miles north of SW 38th Street and includes a portion of SW 38th Street from SW 80th Avenue to 0.51 miles east of SW 38th Street. The County is seeking to acquire the project parcels to construct road improvements related to the SW/NW 80th/70th Avenue Road Improvement Project, which will widen the north and south bound lanes of NW/SW 80th Avenue, relieving traffic flow on both SR 40 and NW/SW 80th Avenue, and surrounding collector roads.
The Resolution provides for acquisition either by negotiation, based on binding offers from the County for up to 140% of the full compensation values determined by our appraiser, or eminent domain. If negotiations are unsuccessful, then the Resolution authorizes proceeding with acquisition by eminent domain. Florida Statutes require the adoption of a Resolution authorizing the acquisition of property by eminent domain, and this Resolution will satisfy that requirement.
BUDGET/IMPACT:
Budget impact is neutral as right-of-way acquisition is funded. Final budget impacts are currently indeterminate but initially based on the County’s appraisals. The total amount for the acquisition parcel included in this Resolution is $134,439. If litigation is required, the final value determinations will be made by a jury trial, and the County will be responsible for statutory attorney fees and expert costs as well.
RECOMMENDED ACTION:
Recommended action
Motion to approve the resolution and authorize the Chairman and the Clerk of Court to execute same.
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