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Mr. Davis has researched his engineering files and has found <br />that the last time the Board of County Commissioners gave <br />direction o.n this matter was August 17, 1983, at which time <br />the County authorized the staff to accept right-of-way <br />donations but did not authorize the filing of any condemnation <br />action. By this memo, the staff is requesting permission to <br />authorize the City to file condemnation action on those <br />parcels of South Gifford Road right of way required by the <br />County which may not have been donated by the time the <br />condemnation action is filed, and to pay a proportionate share <br />of the condemnation costs based on the proportion of lands <br />acquired by this method. <br />Attorney Vitunac believed the City of Vero Beach is going to <br />have to acquire virtually all of their needed right-of-way by <br />condemnation and has hired an attorney from Tallahassee who is a <br />world expert in condemnation. If the County participates in this <br />project, we would be asked to pay for 4/7s of any land that has <br />to be condemned. <br />Chairman Scurlock asked if we need more than half the <br />right-of-way, and Director Davis explained that we need at least <br />a 100 ft, corridor through there, but the fact that the utility <br />easement will be to the south of the right-of-way will benefit <br />the County's road construction as there will be some common <br />drainage and common use. If we were just independently taking <br />right-of-way, we would be taking more than 40 feet. <br />Don Finney, County Right -of -Way Agent, reported that the <br />total estimated cost to the County for condemnation would be <br />$82,000. However, Reed and Victor Knight have indicated that <br />they may donate the right-of-way on their parcel, but have some <br />concerns about keeping the gates closed on that road until such <br />time as the road is paved. Staff is working on the transfer of <br />densities as a form of compensation for the donation. We are <br />still in negotiations with Mr.& Mrs. Hugh Russell who have some <br />concern about the routing of the power line, but staff feels that <br />can be worked out. <br />Commissioner Wodtke felt the key issue here is that the <br />property owners are more willing to donate for roadway than for a <br />utility easement, and he did not feel that we should be involved <br />38 <br />MAR BOOK 6 uu-[ 8 2'6 <br />