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Motion was made by Commissioner Lyons that the Board <br />authorize the Attorney to file a brief, if necessary. <br />Attorney Brandenburg noted that he would want to come <br />back to the Board and clarify the County's position before <br />he filed a brief. <br />Commissioner Lyons withdrew his Motion. <br />RIGHT-OF-WAY ACQUISITION FOR 14TH STREET <br />The Board reviewed the Attorney's memo, as follows: <br />TO: Board of County. DATE: July 23, 1982 FILE: <br />Commissioners of <br />Indian River County <br />SUBJECT: Acquisition of Right -of -Way <br />for 14th Street <br />FROM: Gary M. Brandenb gREFERENCES: <br />County Attorney <br />The Board of County Commissioners previously instructed this office <br />to obtain the necessary right-of-way along 14th Street to provide a <br />County maintained standard right-of-way to the proposed center for <br />the Council on Aging. <br />The 35' that will constitute .the south one-half of the right-of-way <br />is owned by Town Villas, Inc.. Mr. Thomas E. Vara is president of <br />the corporation, and Mr. Caldwell is the corporation's attorney. <br />Attached to this memorandum you will find a letter from Mr. <br />Caldwell indicating his client's willingness to dedicate the <br />required right-of-way subject to two conditions. The corporation <br />realizes that it would probably have to dedicate and improve a por- <br />tion of the roadway when and if it seeks site plan approval on the <br />abutting property. To accommodate the County and the Council on <br />Aging, the corporation is willing to quit claim the 35' in advance <br />of site plan approval on the following terms; <br />1- The corporation understands that the County presently plans to <br />bring 14th Street to County standards as a marl road and main- <br />tain same at no expense to Town Villas, Inc. <br />2- That when 14th Street is paved the cost will be distributed in <br />one of two ways: <br />(a) The County will construct 14th Street along the full <br />length of the legal description and on the abutting right- <br />of-way at a cost not to exceed 50% of the cost of con- <br />struction to be assessed against Town Villas, Inc. <br />property which abuts the right-of-way donated to the <br />County, or <br />91 <br />AUG 41992 <br />50 it X5"5 . <br />