TITLE
RESOLUTION APPROVING THE CONTRACT FOR SALE AND PURCHASE OF DESIGNATED PROPERTY KNOWN AS PARCEL 3 FOR THE PEOPLE�S TRANSPORTATION PLAN (PTP) PROJECT ENTITLED IMPROVEMENTS TO SW 264 STREET FROM US 1 TO SW 137 AVENUE AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, this Board by Resolution No. R-995-10 authorized and directed the County Mayor or the County Mayor designee and the County Attorney to take any and all appropriate actions to acquire Parcel 3 in fee simple as part of the necessary right-of-way for expansion and improvements to SW 264 Street, from US 1 to SW 137 Avenue and authorized the use of Charter County Transportation Surtax Funds,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that

Section 1. This Board ratifies and adopts these matters set forth in the foregoing recitals.

Section 2. This Board hereby approves the Contract for Sale and Purchase in the amount of $47,232, including site improvements, as shown in Exhibit �1� attached hereto and made a part hereof, between Victor P. Volkert and Marleen A. Volkert, as seller, and Miami-Dade County, as purchaser, for the purchase of property more specifically described in Exhibit �A� and illustrated in Exhibit �B�, in substantially the form attached hereto and made a part hereof; and authorizes the County Mayor or County Mayor�s designee to execute same for and on behalf of Miami-Dade County, Florida and to exercise the provisions contained therein; and authorizes the use of Charter County Transportation Surtax Funds.

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Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Approving the Contract for Sale and Purchase of Designated Property Known as Parcel 3 for the People�s Transportation Plan (PTP) Project Entitled Improvements to SW 264 Street, from US 1 to SW 137 Avenue and Authorizing the Use of Charter County Transportation Surtax Funds

STAFF RECOMMENDATION
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution which does the following:
* Approves the contract for sale and purchase, attached hereto as Exhibit �1� and made a part hereof, to acquire in fee simple property known as Parcel 3, under the terms and conditions and for the compensation provided in said contract, for necessary right-of-way for the People�s Transportation Plan (PTP) project entitled Improvements to SW 264 Street, from US 1 to SW 137 Avenue.

The BCC previously approved Resolution No. R-995-10 on October 5, 2010, declaring the acquisition of the subject property to be a public necessity, and authorized the County Mayor or the County Mayor�s Designee and the County Attorney to take all appropriate actions to purchase this property, and to employ appraisers and expert witnesses in connection therewith.

SCOPE
The impact of this project is countywide; however, it is located within Commission District 9.

FISCAL IMPACT/FUNDING SOURCE
Funding for the right-of-way acquisition, design and construction of this project is from Charter County Transportation Surtax bond proceeds. This item will be presented to the Citizens� Independent Transportation Trust for review prior to final consideration by the BCC. Funding is programmed within the adopted FY2011-12 Capital Budget and the index code is CPEPTP609264. The index code for the right-of-way acquisition is subject to change; however, any need for additional funds would require further BCC approval.

The attached Purchase and Sale Contract is in the amount of $47,232 and includes $17,520 for the land and $29,712 for site improvements. The total cost of the project (inclusive of construction, design and the right-of-way acquisition of all parcels) is estimated at $5,250,000. The anticipated ongoing annual maintenance and operational costs will be approximately $11,431.80 and $5,907.35, respectively.

TRACK RECORD/MONITOR
The Public Works Department (PWD) is the entity overseeing this project and the responsible person for monitoring this acquisition project is Mr. Francisco Fernandez, Chief, Real Estate Officer, Right-of-Way Division.

MANAGER'S BACKGROUND
BACKGROUND
PWD has programmed the construction of SW 264 Street as part of the PTP Project Entitled Improvements to SW 264 Street, from US 1 to SW 137 Avenue. The proposed project consists of widening the existing roadway to a 2-lane divided highway with a raised landscaped median, bike lanes, on-street parking, sidewalks, curb and gutters, a continuous storm drainage system, signalization, pavement markings and signage, and decorative street lighting.

The area to be acquired by Miami-Dade County (County) is necessary for the proposed roadway improvements, and is legally described in �Exhibit A� and illustrated on the parcel location map in �Exhibit B�, both attached herewith.

The subject property was appraised for the County by an independent appraiser for a total value of $35,900. The appraised amount is comprised of $8,300 for the land ($1.63 per square foot) and $27,600 for site improvements. An offer was extended to the owners, Victor P. Volkert and Marleen A. Volkert, for the appraised amount. The owner declined the offer and made a counter offer of $65,000, which the County did not accept. In an effort to avoid condemnation and expedite the acquisition, the County negotiated a final offer subject to BCC approval, in the amount of $47,232 which was subsequently accepted by the owners. This offer equates to $17,520 for the land ($3.64 per square foot) and $29,712 for site improvements. The land value falls within the range of comparable sales ($2.20 to $4.01 per square foot) used by the both the County�s independent appraiser and the property owners� appraiser.





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County Manager/Deputy Mayor