Miami-Dade
Legislative Item File Number: 112184 |
Printable PDF Format Clerk's Official Copy |
File Number: 112184 | File Type: Resolution | Status: Adopted | ||||||
Version: 0 | Reference: R-1102-11 | Control: Board of County Commissioners | ||||||
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Requester: County Attorney's Office | Cost: | Final Action: 12/6/2011 | ||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 12/6/2011 | 13A4 | Adopted | P | |||
REPORT: | See Agenda Item 8M4; Legislative File No. 112006 for the report. | ||||||
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County Attorney | 10/20/2011 | Assigned | Debra Herman | ||||
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Legislative Text |
TITLE RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN THE AMOUNT OF $192,260.00 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-1209-08 dated November 20, 2008 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 I 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 of Parcel 33, as set forth in the attached land acquisition summary sheet, has offered to settle for the figure 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 33 on the terms and in the amount 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 PROPERTY ACQUIRED: Parcel No. 33 (land plus improvements) OWNERSHIP INTEREST: Alan Dale Mobley, as Trustee COUNTY'S APPRAISAL AND DAMAGES: $181,750 (fee simple land and improvements) Andrew Maggenheimer, MAl OWNER'S APPRAISAL AND DAMAGES: 224,000.00 Harry Newstreet, MAl ATTORNEYS' FEES AND COSTS See Comments SETTLEMENT AMOUNT: The total settlement amount is $192,260.00. (See Comments below - this amount also includes attorneys' fees for Parcel 33). EXPOSURE TO COUNTY: $42,250.00 (Difference between owner's appraisal and County's appraisal) COMMENTS: The settlement amount of $192,260.00 represents full compensation for this parcel, and includes $185,000.00 for the property acquired, and $7,260.00 for statutory attorneys' fees. The landowner is represented by the law firm of Hicks & Schreiber. RESO/2648 |
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