File #: 2015-R-38    Version: 1 Name:
Type: Resolution Status: Passed
File created: 11/5/2015 In control: City Council
On agenda: 11/16/2015 Final action: 11/16/2015
Title: Council discussion/determination whether to declare a public necessity for acquiring through condemnation by right of eminent domain, fee simple title in property for the purpose of extending and widening Indian River Boulevard, West of the I-95 interchange, and installing utilities along the extension, and whether to authorize the City Attorney to institute appropriate legal action.
Attachments: 1. 2015-R-38

                     COUNCIL AGENDA ITEM

 

SUBJECT:

title

Council discussion/determination whether to declare a public necessity for acquiring through condemnation by right of eminent domain, fee simple title in property for the purpose of extending and widening Indian River Boulevard, West of the I-95 interchange, and installing utilities along the extension, and whether to authorize the City Attorney to institute appropriate legal action.

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DEPARTMENT:

City Manager/City Attorney

 

SUMMARY:

 

To extend and widen Indian River Boulevard, West of I-95, a survey was prepared depicting the planned roadway extension and widening.  The survey shows that it will be necessary for the City to acquire four parcels of property to complete the project.  The owners of parcels 2 through 4 have donated their property to the City.  Negotiations to purchase parcel 1 (consisting of 5.054 acres) have been unsuccessful.  Therefore, it will be necessary and in the public interest for the City to acquire title to parcel 1 through condemnation by right of eminent domain.  Although negotiations to purchase the subject property will continue if a resolution declaring a public necessity for acquiring the parcel is adopted, it is necessary that the City extend its power of eminent domain at this time due to the construction timetable for the project and the possibility that the negotiations may fail. 

 

BUDGETED ITEM:                        Yes No Not Applicable

 

BUDGET AMENDMENT REQUIRED:                        Yes No Not Applicable

 

 

RECOMMENDED ACTION:

 

Council discussion and, should the Council decide to acquire the necessary property for the project, a motion to approve Resolution 2015-R-38.