Miami-Dade Legislative Item
File Number: 111959
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File Number: 111959 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1099-11 Control: Board of County Commissioners
File Name: EMINENT DOMAIN SETTLEMENT FOR RIGHT-OF-WAY IMPROVEMENTS Introduced: 9/21/2011
Requester: County Attorney's Office Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 13A1
Notes: Title: 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
Indexes: ACQUISITION
  CHARTER COUNTY TRANSPORTATION SYSTEM SURTAX FUNDS
  CITT
  EMINENT DOMAIN
  RIGHT-OF-WAY
  SETTLEMENT
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

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

Legislative Text


TITLE
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

BODY
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.

OTHER

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
Override __________



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