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T0: The B of,Coun } Commissioners <br />FROM: un <br />A <br />Char Vitunac County Attorney <br />DATE: November 18, 1987 <br />SUBJECT: 6th Avenue Right -Of -Way Parcel <br />Indian River County vs. LaFevers <br />In connection with the pending condemnation action filed by <br />Indian River County to obtain title for additional <br />right-of-way needed for 6th Avenue, the Court awarded title <br />to Indian River County by virtue of an Order of Taking. <br />The issue of valuation, however, is still being disputed. <br />A good faith estimate of $10,863.00 was deposited with the <br />Registry of the Court for the taking and Mr. LaFevers is now <br />willing to settle for an additional $5,000.00 rather than <br />going to trial. <br />Attached is an estimate prepared by Don Finney, the County's <br />Right -Of -Way Agent, outlining the minimum cost of $6,900.00 <br />that the County would incur by going to trial. This figure <br />DOES NOT include any additional jury award. <br />It is the recommendation of this office that an additional <br />$5,000.00 be paid to Mr. LaFevers as final settlement of the <br />right-of-way. <br />Commissioner Eggert wasn't clear on where these funds were <br />supposed to come from, and Public Works Director Davis advised <br />that this is part of the Boulevard/12th Street project and the <br />funds will come from the Boulevard Construction Account, which <br />monies flow from the local option and constitutional gas taxes. <br />MOTION WAS MADE by Commissioner.Eggert, SECONDED by <br />Commissioner Bowman, to approve the payment of an <br />additional $5,000 to Mr. LaFevers as final settlement <br />of the R/W as described above. <br />Commissioner Bird asked if we are agreeing to appraised <br />value plus $5,000 which staff still feels is less than it would <br />cost if we went through court proceedings, and Commissioner <br />Eggert also wondered if we are always going to pay that $5-7,000 <br />rather than challenge as she was concerned that we will just get <br />$5,000 dollared to death. <br />Director Davis.advised that we have been trying to avoid <br />condemnation because the courts seem to drag it out tremendously. <br />13 <br />® V 1 7 0.00 70 F ��F 15 <br />