Submitted By: William E. Sexton, City Attorney
Presentation By: William E. Sexton, City Attorney
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Department: City Attorney
STAFF RECOMMENDATION (Motion Ready):
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Approval of acquisition of two parcels of real property from Sumner-Ruse Properties; associated Contract for Sale and Purchase; and related matters; together with direction to staff to take additional steps necessary to effectuate closing on said real property acquisition with a cost of $83,000
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OCALA'S RELEVANT STRATEGIC GOALS:
Operational Excellence
PROOF OF PUBLICATION:
N/A
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BACKGROUND:
In or about early 2024, the City was contacted by Sumner-Ruse Properties (Charles Ruse, Jr. and Scott Sumner), the owner(s) of two parcels of real property located at or about the intersection of S.W. 14th Street and S.W. Sixth Avenue, who indicated that a City of Ocala wastewater utility line traversed their property.
Upon further investigation by the Engineering and Water Resources Department, as well as a thorough review of City of Ocala records and the Public Records of Marion County, Florida, it was determined that (1) a City of Ocala wastewater utility line indeed traversed the affected parcels; and (2) there is no record of a written easement for the wastewater utility line in that location nor any other form of permission from the property owner(s) or their predecessors in title for the location of the wastewater utility line across the parcels.
Staff reviewed the options available to the City and determined that the most cost-effective remedy for the situation was to acquire the parcels from the current owners. Negotiations ensued, and the parties agreed that $83,000.00, inclusive of attorneys' fees and costs, represented a fair and equitable price for the City to pay the property owners to obtain the parcels.
The acquisition price is supported as fair and equitable by the estimated market value of $115,175.00 for the parcels, which was developed based on the valuation of the Mario...
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