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Clyde Howard has paid the following taxes, broken down as follows: $ 64.50 Drainage District tax on canal right of way $ 761.67 Ad Valorem tax on canal right of way 5 507.78 Ad Valorem tax on road right of way $1,333.95 Total tax paid 1952 thru 1981 The County attorney's office has rendered the opinion that there may be a problom giving a "tax credit" to Mr. Howard, and if cash consideration is decided, it should be done as a cash purchase, not as a tax credit. Further, this matter should have been considered through the property appraisal adjustment appeals process in 1952. If cash consideration is approved, Mr. Howard may not be able to take a charitable contribution deduction on his taxes. RECMMENDATION AND FINDING Since the County has maintained the 401. wide road right-of-way (16th Avenue) for the past 25 years and the road right-of-way may be of future use to the County for utility accomodation, canal maintenance, and access to property, it is recom- mended that: 1) The County purchase the 40' wide road right-of-way from Mr. Howard for a cash consideration of $1200. This amopnt is 400 of the $3000. Mr. Howard is requesting for the 100' by 500" road and canal corridor.- Funding via transfer of $1200. from fund 111-214-541-99.91 Road and Bridge Fund Board of County Commissioners Contingency to Account # 111-214-541-36.70. 2) Furnish Mr. Howard with receipt documents which accurately reflect the terms of the transaction. 3) The above be contingent upon conveyance of clear title for the road and canal property -by separate warranty deeds in fee simple. Mr. Howard should incur the cost of title opinion. It is further recommended that Mr. Howard and the Indian River Farms Water Management District consider the deeding of the 60' canal right of way to the Drainage District. Since Indian River County has no jusisdiction in this area, no action by the Board of County Commissioners is recommended for deeding the canal right-of-way. Clyde Howard approached the Board and gave a brief history of the property in question. Mr. Howard stressed that he was interested in just getting back his tax money. Lengthy discussion followed, and it was determined that Mr. Howard was entitled to some kind of monetary reimbursement. Commissioner Wodtke felt that Mr. Howard might want to discuss this matter -first with the Drainage District. Commissioner.Lyons expressed concern and hoped Mr. Howard would investigate thebest way for the disposal of his property. He suggested Mr. Howard talk to his accountant and Attorney, and to determine what was the fair market value of his property. A P R '7198 17