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