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Category:
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Consent Item
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Status:
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Passed
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On agenda:
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7/23/2024
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Final action:
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7/23/2024
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Title:
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Request for authorization to make binding written offers to property owners and request to adopt and authorize the Chairman to execute a Resolution of Necessity for the Orange Boulevard Safety Improvement Project, Parcels 108, 109, 136, 736A and B, 836, 145, 745, 147, 159, 171, and 172. District5 - Herr (Jean Jreij, P.E., Public Works Director)
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Title:
title
Request for authorization to make binding written offers to property owners and request to adopt and authorize the Chairman to execute a Resolution of Necessity for the Orange Boulevard Safety Improvement Project, Parcels 108, 109, 136, 736A and B, 836, 145, 745, 147, 159, 171, and 172. District5 - Herr (Jean Jreij, P.E., Public Works Director)
end
Division:
division
Public Works - Business Office
body
Authorized By:
Jean Jreij, P.E. Public Works Director
Contact/Phone Number:
Jean Jreij/407-665-5602
Background:
Staff requests authorization from the Board to make binding written offers to the owners of parcels to be acquired for the Orange Boulevard Safety Improvement Project in the recommended amounts listed in the chart below.
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PARCEL NOS. |
PROPERTY OWNER |
PROPERTY TO BE ACQUIRED |
COUNTY'S APPRAISED VALUE |
PROPOSED OFFERS (rounded) |
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108 |
Dorothy L. Morse |
3,465 SF |
$ 42,800.00 |
$ 51,400.00 |
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109 |
Edward Schneider and Linda Schneider |
5441 SF |
$ 98,300.00 |
$ 118,000.00 |
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136 |
Seminole Community Church, Inc. |
22,085 SF |
$ 611,600.00 |
$ 734,000.00 |
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736A and B |
Seminole Community Church, Inc. |
564 SF |
$ 1.400.00 |
$ 1,700.00 |
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836 |
Seminole Community Church, Inc. |
94 SF |
$ 500.00 |
$ 600.00 |
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145 |
4870 Orange Blvd. Holdings, LLC |
5,609 SF |
$ 70,800.00 |
$ 82,000.00 |
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745 |
4870 Orange Blvd. Holdings, LLC |
64 SF |
$ 200.00 |
$ 300.00 |
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147 |
Jason S. Lawlor, as Trustee of the Southside Revocable Trust, as to a ½ interest, and Samantha Lawlor, as to a ½ interest |
11,843 SF |
$ 206,600.00 |
$ 248,000.00 |
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159 |
Michael Olka and Khanh T. Olka |
1,736 SF |
$ 63,200.00 |
$ 75,900.00 |
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171 |
Betty J. Gause |
5,079 SF |
$ 55,700.00 |
$ 66,900.00 |
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172 |
Ron Schmitt |
6,448 SF |
$ 99,500.00 |
$ 119,400.00 |
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TOTAL |
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$1,250,600.00 |
$ 1,498,200.00 |
Pursuant to Section 73.015, Florida Statutes, prior to filing suit to acquire property in eminent domain, a “condemning authority must attempt to negotiate in good faith with the fee owner of the parcel to be acquired, provide the fee owner with a written offer ..., and must attempt to reach an agreement regarding the amount of compensation to be paid for the parcel.” Generally, offers are made above appraised value to provide the owners an incentive to settle prior to the condemning authority filing suit. The proposed offers listed above are based on twenty percent above appraised value, rounded. As provided in Section 73.092(1)(a), Florida Statutes, the written offer also acts as a limitation on attorney’s fees for the property owner’s attorney.
In addition, staff requests the Board consider and adopt and authorize the Chairman to execute a Resolution of Necessity finding that the construction of the Orange Boulevard Safety Improvement Project is necessary, serves a County and public purpose and is in the best interest of the citizens of Seminole County and requesting authority for the County Attorney's Office to (1) negotiate in good faith with the owners of the parcels, (2) make all necessary binding offers consistent with the authority granted by the Board of County Commissioners prior to institution of condemnation proceedings and, (3) if necessary, to file condemnation proceedings to exercise the power of eminent domain to acquire the subject parcels.
Requested Action:
Staff requests that the Board authorize the making of binding written offers to the owners of each of the subject parcels in the amounts listed in the memorandum and adopt and authorize the Chairman to execute the proposed Resolution of Necessity as to Parcels 108, 109, 136, 736A and B, 836, 145, 745, 147, 159, 171 and 172 of the Orange Boulevard Safety Improvement Project.
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