Miami-Dade Legislative Item
File Number: 112392
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File Number: 112392 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1104-11 Control: Board of County Commissioners
File Name: SETTLEMENT AGREEMENT EMINENT DOMAIN $370,000 Introduced: 11/9/2011
Requester: County Attorney's Office Cost: Final Action: 12/6/2011
Agenda Date: 12/6/2011 Agenda Item Number: 13A6
Notes: Title: RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN COUNTY EMINENT DOMAIN PROCEEDINGS BY COUNTY ATTORNEY IN THE AMOUNT OF $370,000.00 IN CONNECTION WITH THE ACQUISITION OF LAND FOR THE RIGHT-OF-WAY NEEDED FOR IMPROVEMENTS TO 87TH AVENUE FROM NW 154TH STREET TO NW 186TH STREET IN MIAMI COUNTY, FLORIDA 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 13A6 Adopted P
REPORT: See Agenda Item 8M4; Legislative File No. 112006 for the report.

County Attorney 11/9/2011 Assigned Debra Herman

Legislative Text


TITLE
RESOLUTION AUTHORIZING CERTAIN SETTLEMENT IN COUNTY EMINENT DOMAIN PROCEEDINGS BY COUNTY ATTORNEY IN THE AMOUNT OF $370,000.00 IN CONNECTION WITH THE ACQUISITION OF LAND FOR THE RIGHT-OF-WAY NEEDED FOR IMPROVEMENTS TO 87th AVENUE FROM NW 154th STREET TO NW 186th STREET IN MIAMI COUNTY, FLORIDA AND AUTHORIZING THE USE OF CHARTER COUNTY TRANSPORTATION SURTAX FUNDS

BODY
WHEREAS, this Board by Resolution No. R-832-07 dated July 10, 2007, previously declared the acquisition of land for the right-of-way needed for improvements to 87th Avenue from 154th Street to NW 186th Street in Miami-Dade County, Florida, to be a public necessity and authorized the acquisition of land therefor by eminent domain proceedings; and
WHEREAS, the owners of the parcels of land set forth in the attached land acquisition summary sheet have offered to settle for the payment and upon the terms specified therein; and
WHEREAS, the County Attorney hereby recommends the settlement amount 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 the County Attorney is hereby authorized to compromise and settle on behalf of the County all claims against the County in eminent domain proceedings for the parcel and for substantially the terms and the amount specified in the attached land acquisition summary sheet attached hereto and made a part hereof; and authorizes use of Charter County Transportation Surtax Funds.

OTHER
LAND ACQUISITION SUMMARY SHEET

COUNTY PARCELS 10 and 10A


PROJECT LOCATION: Construction of 87th Avenue from NW 154th Street to NW 186th Street in Miami-Dade County, Florida

PROPERTY LOCATION Extending from corner of NW 181st Street to NW 186th Street and 87th Avenue in Miami-Dade County

PARCELS TO BE ACQUIRED: 10 and 10A

OWNERSHIP INTEREST: The Genet Family Limited Partnership, No. 1
The Genet Family Limited Partnership, No. 2

PARCEL AREAS TO BE ACQUIRED: Parcels 10 and 10A – 36,793 square feet

COUNTY APPRAISALS:
Original – (as of 2007) Parcels 10 and 10A - $550,000.00
Andrew Magenheimer, MAI

(UPDATED – as of 2011) Parcels 10 and 10A - $370,000
Andrew Magenheimer, MAI


SETTLEMENT AMOUNT: $370,000.00
(the current appraised amount)

COMMENTS: This is a “slow take,” with transfer of title and
compensation occurring on the date of settlement.
The parcels to be acquired in this matter are necessary for the construction and expansion of 87th Avenue. This settlement is exclusive of attorneys’ fees and costs.





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