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NOV 2 4 193 BOOK 70 PAGE18d <br />ACQUISITION INDIAN RIVER BLVD. NORTH - SANCTUARY PARK_SETTLEMENT <br />County Attorney Vitunac reviewed the following memo: <br />TO: Board of County Commissioners <br />FROM: Charles P. Vitunac, County Attorney <br />DATE: November 6, 1987 <br />RE: SANCTUARY PARK SETTLEMENT <br />BOARD MEETING NOV.;Z4, 1987 <br />Indian River County has been acquiring right of way for the <br />northerly extension of Indian River Boulevard. During the <br />acquisition period, the owner of property involved filed a <br />site plan for a development in an area needed for the right <br />of way. The site plan was denied on -that and other grounds, <br />and a lawsuit was filed by the owner against the County for <br />inverse condemnation. <br />Staff has entered into negotiations with Michael O'Haire, <br />the attorney for the property owner, and recommends entering <br />into the Final Judgment which is attached to this <br />memorandum. The judgment would have the County pay the <br />developer $249,073 in full payment for the 200 -foot strip of <br />right of way through the developer's property and for any <br />and all other damages. In addition, the issue of attorney's <br />fees will be resolved by a court hearing, and, if the County <br />loses, it might be expected to pay as much as $25,000 in <br />attorney's fees. The County is contesting the attorney's <br />fee issue. <br />Attorney Vitunac clarified that the intent is to pay them <br />fair market value according to the appraisal for the R/W through <br />Sanctuary Park. We are not paying any severance damages or <br />business damages or loss of profits for the nursing home; whether <br />he intended to build it or not is not an issue. it is strictly <br />the value of the land for the R/W which we need, and we just are <br />buying it a little more prematurely then we would need to since <br />this is on the phase after the Barber Avenue construction, We <br />also are not paying attorney's fees, which issue will have to go <br />to court. <br />Commissioner Eggert asked where the funds for this will come <br />from, and Public Works Director Davis informed the Board that <br />basically the funds will come from local option gas tax reserves <br />and District 4 traffic impact fees. There are adequate <br />42 <br />1 <br />