Miami-Dade Legislative Item
File Number: 112243
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File Number: 112243 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1103-11 Control: Board of County Commissioners
File Name: SETTLEMENT AGREEMENT $197,000 EMINENT DOMAIN Introduced: 10/24/2011
Requester: County Attorney's Office Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 13A5
Notes: Title: RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN THE AMOUNT OF $197,000.00 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 13A5 Adopted P
REPORT: See Agenda Item 8M4; Legislative File No. 112006 for the report.

County Attorney 10/24/2011 Assigned Debra Herman

Legislative Text


TITLE
RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN THE AMOUNT OF $197,000.00 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-238-10 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 of Parcel 20, 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 20 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
AREA ACQUIRED: Parcel No. 20
(561 sf plus improvements)


OWNERSHIP INTEREST: M.N.S. Family Limited Partnership

COUNTY’S APPRAISAL AND
DAMAGES: $175,000.00 (fee simple land and improvements) Robert Gallaher, MAI


ATTORNEYS’ FEES AND COSTS See Comments

SETTLEMENT AMOUNT: The total settlement amount is $197,000.00.
(See Comments below – this amount also includes
attorneys’ fees and expert costs for Parcel 20)


COMMENTS: The settlement amount of $197,000.00 represents full compensation for this parcel, and includes $175,000.00 for the property acquired, $7,260.00. for statutory attorneys’ fees and $14,740.00 for the property owner’s expert costs. The landowner is represented by the law firm of Brigham Moore, P.A.
Agenda Item No.
Page No. 3


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



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