File #: 2025-18556   
Type: County Attorney Status: Agenda Ready
File created: 3/17/2025 Meeting Body Board of County Commissioners
On agenda: 4/1/2025 Final action:
Title: WALK ON: Presented on March 18, 2025, as Agenda Item 8.2. - Request Approval of a Resolution Authorizing Acquisition of Real Property Interests by Gift, Purchase, or Eminent Domain for the NW/SW 80th Ave & Hwy 40 Intersection from 1300' South of West Hwy 40 to 1600' North of West Hwy 40 Road and Drainage Improvement Project in Marion County, Florida
Attachments: 1. Vecchio - Draft Resolution, 2. Vecchio_location map, 3. Vecchio_aerial map

 

SUBJECT:

Title

WALK ON: Presented on March 18, 2025, as Agenda Item 8.2. - Request Approval of a Resolution Authorizing Acquisition of Real Property Interests by Gift, Purchase, or Eminent Domain for the NW/SW 80th Ave & Hwy 40 Intersection from 1300’ South of West Hwy 40 to 1600’ North of West Hwy 40 Road and Drainage Improvement Project in Marion County, Florida

Body

 

INITIATOR:

DEPARTMENT:

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 parcel to construct road improvements related to the NW/SW 80th Ave & Hwy 40 Intersection from 1300’ South of West Hwy 40 to 1600’ North of West Hwy 40 Road and Drainage Improvement Project, which will widen the north and southbound lanes of NW/SW 80th Avenue, relieving traffic flow on both Hwy 40 and NW/SW 80th Avenue, and surrounding collector roads. The resolution provides for acquisition either by negotiation, based on a binding offer from the County for up to 120% of the full compensation value 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 these resolutions 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 $618,422.00. 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. 

 

Motion by Commissioner Curry, second by Commissioner Stone, to approve agenda item 8.2The motion carried 5 / 0.

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