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C. R/W Purchase from Horace Hawes (Oslo Road) <br />The Board reviewed memo from Attorney Collins: <br />TO:,Board of County Commissioners <br />FROM: <br />William G. Collins, 11 - Assistant County Attorney <br />DATE: November 17, 1989 <br />SUBJECT: Right -Of -Way Purchase from Horace Hawes <br />On March 18, 1987 Mr. Horace Hawes dedicated 60 feet of <br />right-of-way for Oslo Road to Indian River County. This <br />dedication was a requirement of site plan approval. The 60 <br />foot dedication was In addition to an existing 60 foot <br />right-of-way. <br />As you know, it has been the County's position for <br />approximately the last year that only that right-of-way <br />needed to meet the minimum local road standards (60 feet) <br />should be dedicated by a property owner, and compensation <br />should be provided for any additional right-of-way for= road <br />way expansion. Typically, this is done through traffic <br />impact fee credits. Mr. Hawes has requested compensation <br />for the right-of-way dedicated in excess of local road <br />standards (60 feet). - <br />Public Works Director, Jim Davis, indicated to me that he <br />will need the right-of-way for Oslo Road and that funding <br />could come•from the traffic impact fees. I offered Mr. <br />Hawes the difference in the assessed value of his property <br />before and after the right-of-way dedication. That amount <br />`.was $2,550.00. Mr.- Hawes wrote back to me indicating that <br />t'.he felt that the assessed value was below fair market value, <br />..and that he should be compensated for site plan redesign and <br />G.architectural plan redesign costs that he incurred when he <br />t, had to relocate and downsize his building further back on <br />- the property, to reflect the 60 foot being dedicated to the <br />County. Mr. Hawes submitted his invoices for redesign to <br />this office for verification. <br />Mr. Hawes' counter offer is for $4,686.31 (see attached <br />letter dated October 26, 1989). I spoke with Public Works <br />Director Davis on this matter and he•recommended splitting <br />the difference between assessed value and Mr. Hawes' counter <br />offer, or $3,500. This is not acceptable to Mr. Hawes. If <br />he does not get full value, he wants the property back. <br />The property dedicated to the County was 60 feet by 100 feet <br />or 6,000 square feet of land on Oslo Road. County <br />Right -of -Way Acquisition Agent Finney has provided recent <br />land values in the Oslo Road area in this vicinity at <br />between 404 per square foot for residential land and $1.31 <br />per square foot for CG. This property is zoned CL. Thus, <br />it appears that $3,190.00 (or 534 per square foot) for land <br />and $1,496.31 for redesign expenses, as requested by Mr. <br />Hawes, would be reasonable. <br />ALTERNATIVES: <br />1. Accept Mr. Hawes' counter offer for $4,686.31. <br />2. Approve as recommended by Public Works Director Davis <br />at $3,500.00. <br />3. Quit -Claim the property back to Mr. Hawes in which case <br />it would need to be acquired in some future date at some <br />higher price. <br />RECOMMENDATION: <br />Approve alternative 1 for $4,686.31. <br />N OV 2 8 331 <br />Inman RIVE Co <br />Approved <br />Date <br />Admin <br />X11-17 <br />. <br />Legal <br />(A47 <br />Budget <br />• r <br />___ --;k; <br />•:'-1/, s <br />. 46` <br />EOOK 8 F'.{Gr �:.r <br />