Miami-Dade Legislative Item
File Number: 112216
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File Number: 112216 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1100-11 Control: Board of County Commissioners
File Name: SETTLEMENT OF $67,000 OF EMINENT DOMAIN PROCEED Introduced: 10/21/2011
Requester: County Attorney's Office Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 13A2
Notes: Title: RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN THE AMOUNT OF $67,000.00 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
Indexes: SETTLEMENT AGREEMENT
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 13A2 Adopted P
REPORT: See Agenda Item 8M4; Legislative File No. 112006 for the report.

County Attorney 10/21/2011 Assigned Debra Herman

Legislative Text


TITLE
RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN THE AMOUNT OF $67,000.00 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-1203-08 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 26, as set forth in the attached land acquisition summary sheet, has offered to settle for the figure specified therein; and
WHEREAS, the owner of Parcel 26 has asserted an ownership interest in the property described in Exhibit "A" hereto, which is incorporated into Petitioner's current construction plans, and such owner has agreed to waive any claim thereto and to convey its purported interest therein (as disputed by the County), at no additional cost to the County; 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 26 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, and
Section 3. Pursuant to Resolution No. R-974-09, the Board directs the County Mayor or the County Mayor's designee to record any instrument of conveyance accepted herein in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of the instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy together with this resolution.

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. 26 (land and improvements) and any property interest claimed by Owner in the property described in Exhibit A.
OWNERSHIP INTEREST:

Miami Living Limited Partnership, a Florida limited partnership
COUNTY'S APPRAISAL AND
DAMAGES:

$51,000.00 (fee simple land and improvements)
Robert Gallaher, MAI
(including updated costs to cure the property by County's expert architect land planner, Carlos Marin, in the additional amount of $15,000)
OWNER'S APPRAISAL AND
DAMAGES:
$77,000.00
Chris Mafera, MAI
ATTORNEYS' FEES AND COSTS

See Comments
SETTLEMENT AMOUNT:

The total settlement amount is $67,000.00.
(See Comments below - this amount also includes attorneys' fees and expert costs for Parcel 26 for the owner)
EXPOSURE TO COUNTY:

$26,000
(The difference between the owner's appraisal and the County's appraisal).
COMMENTS:

The settlement amount of $67,000.00 represents full compensation for the land acquired, and includes $51,000 for the property acquired, $10,500.00 for statutory attorneys' fees and $5,500.00 for the property owner's expert costs. The landowner is represented by the law firm of Ruden McClosky, PA



EXHIBIT "A"

Legal description of additional land in which owner has asserted an ownership interest, as disputed by the County:
The East 15 feet of Lot 1 in Block 2 of PALM TERRACE, according to the plat thereof recorded in Plat Book 34, Page 47 of the Public Records of Miami-Dade County, Florida, previously conveyed to the Public by Deed of Dedication dated May 12, 1925 recorded in Deed Book 722 at Page 70, and LESS the West 10 feet of the East 25 feet thereof, previously conveyed to the public by Warranty Deed dated May 09. 1990 recorded in Official Records Book 14904 at Page 3198 of the Public Records of Miami-Dade County, Florida.
Agenda Item No.
Page No. 5


Approved Mayor Agenda Item No.
Veto __________ 12-6-11
Override __________


RESO/2649



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