The Greens Road Paving and Drainage Project (Aldine Westfield - JFK Blvd.) provides for the right-of-way acquisition, design and construction of a four-lane divided concrete roadway with storm drainage, curbs, sidewalks, driveways, street lighting, traffic control and necessary underground utilities. The project will replace and widen a street that has deteriorated beyond economic repair and normal maintenance. It will improve traffic circulation, mobility and drainage in the service area. These improvements will upgrade the existing road to Major Thoroughfare and Freeway Plan (i.e. MTFP) standards. This is a Transportation Improvement Program Project (i.e. TIP Project).
This eminent domain proceeding involves the acquisition of a permanent easement containing 5,124 square feet (0.1176 acre) of land located at 3340 Greens Road. Efforts by Public Works and Engineering to negotiate the purchase failed, and the matter was referred to the Legal Department to initiate eminent domain proceedings to acquire the needed property.
The Legal Department filed the eminent domain case and served notice on the parties as required by law. The Legal Department retained the same appraiser utilized by Public Works and Engineering in making the City’s Final offer.
Before the Special Commissioners’ Hearing, the parties entered into negotiations and were able to reconcile their differences and resolve all issues and matters in controversy. The hearing was convened and the parties requested the Special Commissioners return an Award for $126,631.00. The Legal Department filed Objections to the Award of Special Commissioners in order to preserve the City’s legal and procedural options pending City Council’s review and consideration of this matter.
The “Costs of Court” are as follows: $1,800.00 Special Commissioners’ fees (i.e. $600.00 x 3); $440.00 Service of Process; $2,050.00 Appraiser’s fee; Total: $4,290.00. These “costs of court” account for the monetary difference between the amount of the Award of Special Commissioners, and the total amount of funds needed herein.
We recommend that the City Attorney be authorized by Motion to deposit the amount of the Award of Special Commissioners into the registry of the Court and pay the City’s costs of court in this matter. Funding will be provided by a previously approved blanket Appropriation Ordinance.