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MAR 2 ®1990 �, <br />r', <br />. BOOK . � P�1GE 65� <br />AUTHORIZING RESOLUTIONS TO FILE EMINENT DOMAIN PROCEEDINGS - <br />INDIAN RIVER BOULEVARD PHASE III RIGHT-OF-WAY - PARCEL #103 <br />The Board reviewed the following memo dated 3/12/90: <br />TO: James Chandler <br />County Administrator <br />DATE: March 12, 1990 FILE: <br />AUTHORIZING <br />RESOLUTIONS TO FILE <br />SUBJECT: EMINENT DOMAIN PRO- <br />CEEDINGS - I.R. BLVD. <br />PHASE 3 RIGHT-OF-WAY <br />PARCEL #103 - PROP. <br />OWNER I.R. WEST, INC. <br />FROM: James W. Davis, PE REFERENCES: Donald G. Finney, IRC <br />Public Works Directo to I.R. West, Inc. <br />dated Jan. 18, 1990 <br />Description and Conditions <br />The County Public Works Department has offered to purchase 54.26+/- acres <br />from Indian River West, Inc. for the Indian River Blvd. Phase III <br />right-of-way (.87 acres) and wetlands mitigation area ( 53.39 acres) . The <br />property owner has refused the county's offer of $343,000.00, which was <br />based on the average value established in two current appraisals obtained by <br />the County. The property owner has not indicated his desired compensation <br />for the property. <br />Alternatives and Analysis <br />The following alternatives are presented: <br />Alternative #1 <br />Attached are two Resolutions authorizing the acquisition of the Indian <br />River West, Inc. property by Eminent Domain proceedings. The first <br />Resolution is for the area needed for road right-of-way, and the second <br />is for the mitigation area. The first alternative is to approve the <br />Resolutions and authorize staff and legal consultants to proceed with <br />Eminent Domain action. The recommended action will require the deposit <br />of $343,000.00 with the court at the time of the judicial hearing on an <br />OrderdTaking at a subsequent date. A jury trial will be held to <br />determine fair market value. _The Board. _previously authorized the <br />retention of outside legal services with Blackwell, Walker, Fascell, and <br />Hoehl, attorneys in Miami, FL. to represent the County. Legal fees for <br />this alternative are included in staff's request. <br />Also, for purposes of necessity, staff is recommending approval of the <br />right-of-way alignment map for the project and approval of the mitigation <br />plan which requires purchasing approximately 100 acres of Golf Course <br />Impoundment No. 22. <br />Alternative #2 <br />Deny approval of the attached resolutions and abandon the project. <br />54 <br />