File Number: 111959
|Printable PDF Format Clerk's Official Copy|
|File Number: 111959||File Type: Resolution||Status: Adopted|
|Version: 0||Reference: R-1099-11||Control: Board of County Commissioners|
|Requester: County Attorney's Office||Cost:||Final Action: 12/6/2011|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|Board of County Commissioners||12/6/2011||13A1||Adopted||P|
|County Attorney||9/21/2011||Assigned||Debra Herman||9/21/2011|
RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN THE AMOUNT OF $20,978.50 IN COUNTY EMINENT DOMAIN PROCEEDINGS BY COUNTY ATTORNEY IN CONNECTION WITH THE ACQUISITION OF LAND FOR THE RIGHT-OF-WAY NEEDED FOR IMPROVEMENTS TO SW 27 AVENUE FROM US 1 TO SOUTH BAYSHORE DRIVE AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS
WHEREAS, this Board by Resolution No. R-239-10 dated March 2, 2010 previously declared the acquisition of land for the right-of-way needed for the expansion, beautification, and right-of-way improvements to SW 27th Avenue from US 1 to South Bayshore Drive in Miami-Dade County, Florida, to be a public necessity and authorized the acquisition of land therefor by eminent domain proceedings; and
WHEREAS, the owner and tenant of Parcel 21, as set forth in the attached land acquisition summary sheet, have offered to settle for the figures specified therein; and
WHEREAS, this project is being funded by the use of Charter County Transportation Surtax Funds, and this settlement thus must be submitted for the review and recommendation of the Citizens Independent Transportation Trust; and
WHEREAS, the County Attorney hereby recommends the settlement amounts as set forth in the attached land acquisition summary sheet,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts the matters set forth in the foregoing recitals, and
Section 2. This Board authorizes the County Attorney to compromise and settle on behalf of the County all claims against the County in eminent domain proceedings for Parcel 21 on the terms and in the amounts specified in the attached land acquisition summary sheet, and authorizes the use of Charter County Transportation Surtax Funds.
LAND ACQUISITION SUMMARY SHEET
PROJECT LOCATION: Roadway expansion, beautification, and right-of way improvements to SW 27th Avenue from US 1 to South Bayshore Drive in Miami-Dade County, Florida
PARCEL NUMBER AND
AREA ACQUIRED: Parcel No. 21
(sf permanent easement)
OWNERSHIP INTEREST: Neil Rollnick, Trustee a/k/a Neil Steven Rollnick, Trustee (owner)
Burger King Corp. (tenant)
COUNTY’S APPRAISAL AND
DAMAGES: $10,000.00 (permanent easement)
Robert Gallaher, MAI
ATTORNEYS’ FEES AND COSTS See Comments
SETTLEMENT AMOUNT: The total settlement amount is $20,978.50.
(See Comments below – this amount also includes
attorneys’ fees and expert costs for the owner and the tenant for Parcel 21)
COMMENTS: The settlement amount of $20,978.50 represents full compensation for this parcel, and includes $10,000.00 for the property acquired, $4,366.00 for statutory attorneys’ fees and $6,612.50 for the property owner’s expert costs. The landowner is represented by the law firm of Brigham Moore, P.A. and the tenant is represented by the law firm of Gaylord Merlin.
Agenda Item No.
Page No. 3
Approved Mayor Agenda Item No.
Veto __________ 12-6-11
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