SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from New Ocala, LLC or its Successor in Interest, for the SW 40th and SW 49th Avenue 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 |
Attorney |
DESCRIPTION/BACKGROUND:
Marion County has the new SW 40th and SW 49th Avenue Road Construction Project currently under construction by Art Walker Construction, Inc., pursuant to a design-build contract. The acquisition of certain parcels and property interests of New Ocala, LLC is necessary for the contractor to construct the road project as designed. Those parcels include a drainage retention area (DRA), drainage easements, fee simple right-of-way (R-O-W), and temporary construction easements (TCE). After lengthy negotiations and the filing of a petition in eminent domain, the parties have reached the essential terms of a negotiated settlement. New Ocala, LLC owns a 4.99 acre parcel on the west side of SW 40th Avenue, and a 14.35 acre parcel across the street on the east side of SW 40th Avenue. This settlement will provide for the acquisition of property interests from both of those parcels. The County Attorney is requesting Board approval of this settlement based on the following essential terms, and authorization for the County Attorney and the County Engineer to work out final details of the actual settlement agreement / purchase and sale agreement consistent with those essential terms. Our contractor’s work has already been delayed in this phase of the project pending the acquisition of these property interests, and the Board’s approval of this settlement will facilitate the completion of the work.
Compensation and Expenses: The most important part of the settlement provides for payment of the constitutional measure of “full compensation” to the property owner for all interests for $1,600,000, 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 of $329,340; appraiser fees of $9,937; planner’s fees of $8,160 and engineer fees of $24,750, for a total cost to the County of $1,972,187. Payment of these amounts is subject to full execution of a final settlement agreement and related purchase and sale agreement(s).
This will provide for the acquisition of what has been described in the eminent domain proceedings as Parcel No. 5 and No. 6 (fee simple R-O-W); an un-numbered parcel for a permanent drainage easement for a DRA [ Note: the County is acquiring this Parcel pursuant to this Settlement, in lieu of what was formerly described as Parcel Nos. 7 and 8 which will not be acquired]; Parcel Nos. 10 and 11, TCEs for R-O-W; Parcel Nos. 39 and 42, perpetual drainage easements; Parcel No. 40 for R-O-W; and Parcel No. 41 for a TCE. Descriptions of the acquisition parcels are attached hereto as Composite Exhibit A. It is expected that closing will occur within 30 days of Board approval of the essential settlement terms. We are asking for approval for the final agreement to allow for the owner to expand the DRA in the future, at no cost to the County, for use as a joint-DRA, with terms and conditions related to joint costs of maintenance, and apportionment of costs for possible future catastrophic failures such as those due to sinkholes, to be approved by the County Attorney and County Engineer
BUDGET/IMPACT:
$1,972,187.00, payable from account #STC073804 CIP TRANSP NEWINF ROW 738 VJ738541 561301
RECOMMENDED ACTION:
Recommended action
Motion to approve property acquisition Settlement Agreement with details to be finalized by the County Attorney and the County Engineer incorporating the terms described above.
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