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 adopted multiple resolutions 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 two additional parcels (Project Parcel Number 22/Parcel ID 13694-001-01 and Project Parcel Number 55/Parcel ID 13561-001-00) that are 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 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 all acquisition parcels included in this resolution is $117,900.00. 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 and authorize the Chairman and Clerk to execute the resolution.
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