SUBJECT:
Title
Request Approval of a Resolution Authorizing Acquisition of Real Property Interests by Gift, Purchase, or Eminent Domain for the SW 40th Ave / SW 49th Ave Improvement Phase 1 Project in Marion County, Florida
Body
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
One resolution is presented for Board approval for the acquisition of interests in real property as to which we have not yet been able to acquire by negotiations. The County is seeking to acquire the parcels to construct road improvements related to the SW 40th Ave / SW 49th Ave Improvement Phase 1 Project, which will extend SW 49th Avenue north to SW 43rd Court Road, relieving traffic flow on Interstate 75, SW 66th Street, SW 27th Avenue, and surrounding collector roads. The resolution provides for acquisition either by negotiation, based on binding offers from the County for up to 120% 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 acquisition of property by eminent domain, and this resolution will satisfy that requirement.
BUDGET/IMPACT:
Budget impact is currently indeterminate but is initially based on the County’s appraisal. The combined amount for all acquisition parcels included in this resolution is $48,565.00. 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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