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TO: The Board of County Commissioners FROM: Vi William G. Collins 11 - Assistant County Attorney DATE: January 4, 1989 SUBJECT: Proposed Settlements on 12th Street Eminent Domain Lawsuits Indian River County obtained certain parcels of property by eminent domain for purposes of widening 12th Street,. Appraisals were prepared and the amount of the taking wa; argued before Judge Vocelle with testimony being given by County employees, appraisers, etc. After the hearing, Judge Vocelle set the value of the property taken based on th': testimony presented. These cases are still open becaus,: some of the property owners contested the value awarded b' the Judge in the quick take and requested an opportunity to go to a jury trial. At this stage, some of the property owners are wi l l ing to settle for the amount awarded by thy. Judge, while others are willing to settle with "additional compensation. The listing below sets out the terms of each proposed settlement. Parcel No. 130 - Barnes Barnes will settle for the amount awarded by the Judge at the Order of Taking Hearing. That amount was $10,566.22. This amount has already been deposited with the Court and, to the best of my knowledge, paid over to Barnes. Barnes' attorney, Michael O'Haire, is requesting an attorney's fee of $3,500.00. Our review of his time records indicate that 15.23 hours were spent on the case at the rate of $200.00 per hour. When expenses of approximately._ $100.00- and appraisal expenses of $440.00 are added in, the $3,500.01) fee would appear acceptable. These attorney's fees and. appraisal costs are the County's obligation by statute. Parcel Nos. 139 and 140 - Richard and Arlyne Zorc The Order of Taking awarded $7,686.00. The Zorcs are asking for an additional $978.30 for concrete and curbing necessary to provide a driveway to one of the garages on their property which has been blocked off from access. Thi; demand appears to be reasonable and should be agreed to. There is also an appraisal fee of $440.00 on this site. Mr. O'Haire is asking for an attorney's fee in the amount of $2,500.00. Parcel No. 163 - Richard and Arlyne Zorc The Order of Taking awarded $656.00. Mr. O'Haire i; agreeable to an attorney's fee of $150.00. This parcel should be settled for the $656.00 already paid, plus Mr. O'Haire's attorney's fee of $150.00, plus an appraisal fea of $440.00. JAN 10 1989 47 BOOK 75 PAGE 579