SUBJECT:
Title
Request Approval of a Resolution Authorizing Acquisition of Real Property Interests by Gift, Purchase, or Eminent Domain for the NW 49th Street Phase 3 Road Improvement 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:
The Board of County Commissioners has previously approved Resolutions 25-R-491, 25-R-642, 26-R-44, and 26-R-104 for the acquisition of interests in real properties related to the NW 49th Street Phase 3 Road Improvement Project. This Resolution seeks to acquire property interests from another parcel (Project Parcel Number 50/Parcel ID 1304-056-003) that is necessary for the project, for which we have not yet been able to acquire by negotiation. The County is seeking to acquire the project parcels to construct road improvements related to the NW 49th Street Phase 3 Road Improvement Project, which will construct a new four-lane roadway beginning at the intersection of NW Hwy 225A and NW 44th Lane and continue east to the intersection of NW 49th Avenue and NW 49th Street. From there, the existing two-lane roadway will be widened to a four-lane roadway. The project will also install a 5-foot sidewalk and a 12-foot multi-use path alongside the roadway. The project will end just west of the intersection of NW 49th Street and NW 44th Avenue, where the Florida Department of Transportation is constructing a Diverging Diamond Interchange at Interstate 75 (I-75). In conjunction with FDOT’s project, this project will accommodate current and future traffic growth in northern Marion County. 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 currently indeterminate but is initially based on the County’s appraisal. The amount for the acquisition parcel included in this resolution is $28,400. If litigation is required, the final value determinations will be made by either a jury trial or a mediated settlement, 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 the resolution.
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