11/16/2021 - Laserfiche WebLink

Home Browse Search

The Ganbin/Jackson property, Parcel 128 is located at 7950 66th Avenue. The parent parcel is a 2.0 -acre property zoned A-1, Agricultural, up to one unit per five acres. The parcel is developed with a two-bedroom, two bath house. The house is approximately 1,241 square feet in size and was built in 1964. The County needs to acquire a 0.08 -acre (3,456 sq. ft.) triangle shaped parcel of right-of-way that is approximately 210 feet long and 35 feet at the widest point. This property is on the east side of 661 Avenue. The only improvements in the part to be taken are a grassy area, a palm tree, some small landscaping and a small portion of the concrete driveway. An Amended Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, cost, alternative routes, long-range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of March 17, 2009 and approved the Corridor Study for 66th Avenue and the proposed alignment in front of the five properties. A copy of the Corridor Study is available for review at the County Commission Office or the Office of the Clerk to the Board. The property owners are not represented by an attorney. Upon approval of this Amended Resolution of Necessity, and after a Board approved Unconditional Offer, the County will file a lawsuit in eminent domain and file a motion for an Order of Take. If the Court approves the motion, the County will deposit its appraised value into the Court Registry and take title to the right-of-way, and the landowner may access the deposit in the Court Registry, less any taxes, liens or mortgages owed on the property. The parties will then attend a mediation conference in order to settle the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) person jury trial wid the jury will determine the amount of compensation to be paid to each landowner. Acquisition of this parcel is important as it provides needed right-of-way for the expansion of 66th Avenue. The attached Amended Resolution of Necessity with a copy of the sketch and legal description of the needed right-of-way is attached to this memorandum and provides for the following: • The Board finds it necessary to acquire the property using eminent domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owner of the needed prope-ty • Authorizes County employees and its agents to take the action necessary to prosecute the lawsuit to final judgment FUNDING: There is no impact to County funding with the Amended Resolution of Necessity. RECOMMENDATION: Staff recommends that the Board approve the Amended Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain. Attachments: Proposed resolution Parcel sketch and legal description of property to be taken 10