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02/11/2020 (2)
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02/11/2020 (2)
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Last modified
8/19/2020 1:05:23 PM
Creation date
6/17/2020 3:01:55 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
02/11/2020
Meeting Body
Board of County Commissioners
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Please see the sketch and legal descriptions attached to the Pre -suit Mediation <br />Settlement Agreement that depict these four property interests. <br />There are 24 mature ,pecan trees and some fencing along 61st Street that will be lost as <br />part of the take. These trees are approximately 30" in diameter and range in health from <br />distressed to average condition due to their age. Pecan trees once lined 61st Street <br />forming the basis for the alternate name of Pecan Grove Road for 61St Street. <br />The County's appraisal for Parcels 301 and 302 were performed by Armfield & Wagner. <br />The appraisals assigned values as follows: <br />Parcel 301 1.47 acres @ $20,000/acre + $3,000 improvements = $32,400 <br />Parcel 302 0.58 acres @ $22,000/acre + $1,500 improvements = $14,260 <br />Total for Parcels 301 and 302 $46,660 <br />The appraisals did not find any severance damages. The appraisals did attach a value <br />of $3,000 and $1,500 respectively, for the gate and fencing that runs parallel to 61St Street <br />but did not assign a value to the pecan trees that lie within the area of take. Likewise, <br />there was no value assigned to the permanent access easement or the temporary <br />construction easement needed for the improvements to 61St Street. <br />The Banacks, accompanied by their attorney, attended a pre -suit mediation with Randy <br />Brennan as the mediator, and staff consisting of Rich Szpyrka, Susan Prado, Monique <br />Filipiak and Bill DeBraal on November 24, 2019. Staff and the Banacks agreed on the <br />terms of the Pre -suit Mediation Settlement Agreement that is attached to this <br />memorandum as Exhibit "B". The settlement terms are: <br />• The County will pay to the Banacks $110,000 for right-of-way parcels 301 and 302, <br />permanent access easement, temporary construction easement and inclusive of <br />all severance damages, damages to the improvements and Toss of the pecan <br />trees. <br />• Statutory attorney's fees of $20,955 <br />• All costs and expert witness fees of $2,500 <br />• Two 24' wide driveways with 35' radii at locations to be determined by the Banacks <br />The total settlement cost to the County is $133,455 plus the cost of the driveways. A <br />sketch and legal description of Parcels 301 and 302 are attached to the Agreement as <br />Exhibit "A". <br />By comparison, in February 2017, the County purchased the 18.72 -acre Greene property <br />located at the northeast corner of 66th Avenue and 53rd Street for a future stormwater park <br />for $558,900 ($29,855 per acre) which was an arm's length transaction without the threat <br />of eminent domain. The County previously purchased the Miami Block from Central <br />154 <br />
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