SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from Forestar (USA) Real Estate Group, Inc., Ocala Preserve Community Development District, and Ocala Preserve Association, Inc., or Their Successors in Interest, for the NW 49th Street Phase 3 Road Construction Project, Within the Purchase Price and Other Parameters Described Herein
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
Marion County is currently acquiring parcels for the construction of the NW 49th Street Phase 3 Road Construction Project. Acquisition of certain real property interests from Forestar (USA) Real Estate Group, Inc., Ocala Preserve Community Development District, and Ocala Preserve Association, Inc., is necessary to complete the project as designed. The approved roadway alignment traverses property owned by these entities, necessitating the acquisition of Project Parcels 2, 3, 4, 10, 19, 20, 21, 59, and 59A. The property interests being acquired include Fee Simple, Fee Simple Right-of-Way, Permanent Slope Easements, and Temporary Construction Easements.
Following extensive negotiations and the filing of a Petition in Eminent Domain, the parties have reached an agreement on the essential terms of a negotiated settlement, which is being presented for the Court’s approval through a Stipulated Order of Taking and Final Judgment (“Stipulated OT”). The proposed Stipulated OT resolves issues related to certain acquisitions that were originally contemplated as temporary construction easements but were converted to perpetual slope easements due to project needs. The proposed Stipulated OT also provides for the acquisition of additional parcels that were not originally included in the Petition in Eminent Domain but are necessary to complete the project as designed.
This settlement is advantageous to the County because it fully resolves all claims arising from the acquisitions, including compensation for land value, improvements, site modifications, severance damages, attorneys’ fees, expert fees, and costs, thereby avoiding the expense, delay, and uncertainty associated with continued eminent domain litigation and valuation disputes. The agreement also provides for coordinated construction of a six-foot Permacast precast wall system along the NW 49th Street frontage, to be constructed by Forestar (USA) Real Estate Group in conjunction with the County’s roadway project, which will assist in addressing frontage treatment and compatibility concerns associated with the roadway expansion.
Staff respectfully requests Board approval of the proposed Stipulated OT, based on the agreed-upon essential terms, and authorization for the County Attorney and County Engineer to finalize and execute the Joint Motion for Entry of the Stipulated OT and any related ancillary documents consistent with those terms that are necessary to complete the acquisitions. Approval of these settlement terms will facilitate the timely completion of the roadway project.
Compensation and Expenses: The most important part of the settlement provides for payment of the constitutional measure of “full compensation” to the property owners for all interests taken, including any claims for severance damages or consequential damages. In addition to that, the County will be required to pay the owner’s statutory attorney fees and costs. At the time of publication of this Agenda, the total amounts have not been finalized. Payment of these amounts is subject to the Court’s execution of a proposed Stipulated Order of Taking and Final Judgment.
BUDGET/IMPACT:
At the time of Publication, the total expenditure payable from account #STC073811- CIP TRANSP- NEWINF ROW-VJ738541-561301 has not been finalized.
RECOMMENDED ACTION:
Recommended action
Motion to approve the proposed Stipulated Order of Taking and Final Judgment to be finalized by the County Attorney and the County Engineer, incorporating the terms described above.
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