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JUN 12 <br />BOOK .0 FACE F <br />RESOLUTIONS TO FILE EMINENT DOMAIN PROCEEDING - I.R.BLVD. PHASE 3 <br />R/W & MITIGATION (HOFFMAN) <br />Public Works Director Davis reviewed the following memo, <br />noting that the 120 Administrative Hearing is a week from today. <br />TO: James E. Chandler, i • 3%a�f��ff <br />County Administrator <br />FROM:` 1' -''James W. Davis, P. E. , <br />Public Works Director <br />SUBJECT: Authorizing Resolutions <br />Proceeding - I.R. Blvd. <br />Mitigation Area, Parcel <br />W. Hoffman and Camille <br />to File Eminent Domain <br />Phase 3 Right -of -Way and <br />#108 - Property Owner Paul <br />O. Hoffman <br />RE: Letter from Donald G. Finney, IRC to <br />Paul W. and Camille O. Hoffman dated Jan. 16, 1990 <br />DATE: June 6, 1990 <br />DESCRIPTION AND CONDITIONS <br />The County Public Works Department has offered to purchase <br />approximately 42.614 acres from Paul W. and Camille O. <br />Hoffman for the Indian River Blvd. Phase III right-of-way <br />(14.984 acres) and wetlands mitigation area (27.63 acres). <br />The property owner has refused the County's offer of <br />$242,000.00, which was based on the average value <br />established in two current appraisals obtained by the <br />County. The property owner has not indicated his desired <br />compensation for the property. <br />ALTERNATIVES AND ANALYSIS <br />The following alternative are presented: <br />Alternative #1 <br />Attached are two Resolutions authorizing the <br />acquisition of the property by Eminent Domain <br />proceedings. The first Resolution is for the area <br />needed for road right-of-way and uneconomic remainder, <br />and the second is for the mitigation area. The first <br />alternative is to approve the Resolutions and authorize <br />staff and legal consultants to proceed with Eminent <br />Domain action. The recommended action will require the <br />deposit of approximately $242,000.00 with the court at <br />the time of the judicial hearing on an Order of Taking <br />at a subsequent date. A jury trial will be held to <br />determine fair market value. The Board previously <br />authorized the retention of outside legal services with <br />Blackwell, Walker, Fascell, and Hoehl, attorneys in <br />Miami, F1. 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 <br />approval of the right-of-way alignment map for the <br />project and approval of the mitigation plan which <br />requires purchasing approximately 100 acres of Golf <br />Course Impoundment No. 22. <br />Alternative #2 <br />Deny approval of the attached resolutions and abandon <br />the project. <br />44 <br />