Items Types:
Economic Development
For Meeting of:
December 15, 2014
District: 1 From:
Contract ID: Document Number:
Exhibits: Yes On File (City Clerk) : No Draft Only: No
Grant Received by City?: No

Resolution Approving Boggy Creek Improvement District's Use of Eminent Domain for Construction of Lake Nona Blvd. Extension

The Boggy Creek Improvement District, "District", is a governmental unit established under Chapter 190, Florida Statutes, for the purpose of constructing, operating and maintaining infrastructure within the District, which is generally located east of Boggy Creek Road within the Lake Nona Development including Burnham and Nemours.  The District has the power of eminent domain and proposes to construct an extension to Lake Nona Blvd from Medical City Drive to Boggy Creek Road, including improvements to the intersection of Lake Nona Boulevard and Boggy Creek Road, "Project".  The District has been negotiating with the owner of certain parcels, "Parcels," necessary for construction of the Project but has so far been unsuccessful.  If the Parcels can't be acquired through negotiation, the District seeks the authority to acquire them by eminent domain.  Because these Parcels are located outside of the District's boundaries, the District, per Ch. 190, must obtain the City's consent. The Parcels are located along the existing Lake Nona Blvd right of way near the intersection of Lake Nona Blvd and Boggy Creek Road.  The Parcels, which consist of approximately one acre of easement(s) and right-of-way and one acre of temporary construction easement(s), are owned by Kenny Real Estate Company, Ltd.  and have been appraised by the District at $142,500.00.  The District will be required to comply with all statutory requirements of the exercise of eminent domain including the payment of fair market value.  

Fiscal & Efficiency Data: N/A

Recommended Action:
Approval of the attached Resolution and authorization for the Mayor or Mayor Pro Tem to execute same, subject to the approval of the City Attorney's Office.  

Agenda Item attachment(s) on file in the City Clerks Office.

Note: All agenda items must be in the City Clerk's office by Noon Friday, six(6) business days prior to the regular Monday City Council meeting.

Contact: Roy Payne, F.J. Flynn, Charles Ramdatt
Approved By:

Department Date and Time
Budget Outside Routing Approval 12/9/2014 3:10 PM
City Clerk 12/9/2014 3:29 PM

Name: Description: Type:
City_Resolution_Boggy_Creek_matter.docx Resolution Backup Material
Exhibit_A.pdf Exhibit Exhibit
Exhibit_A.pdf Exhibit Exhibit

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