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JUN <br />12 WO <br />c <br />RESOLUTION TO FILE EMINENT DOMAIN PROCEEDING - <br />I.R.BLVD. <br />PHASE 3 <br />MITIGATION AREA & REMAINING PARCEL #110 (GREGORY & WIGGINS) <br />Public Works Director Davis reviewed the following: <br />TO: James E. Chandler, <br />County Administrator <br />FROM: 4-- IJames <br />61 Public <br />W. Davis, P.E., <br />Works Director <br />SUBJECT: Authorizing Resolution,{ to File Eminent <br />Domain Proceedings - I.R. Blvd. Phase III <br />Mitigation Area and Remaining Parcel #100 - <br />Prop. Owner Martin A. Gregory and <br />Richard B. Wiggins, Trustees <br />REF. LETTER: Donald G. Finney, IRC to Martin A. Gregory <br />and Richard B. Wiggins dated Jan. 25, 1990 <br />DATE: June 6, 1990 <br />DESCRIPTION AND CONDITIONS <br />The County Public Works Department has offered to purchase <br />approximately 43.77 acres from Martin A. Gregory and Richard <br />B. Wiggins, Trustees for the Indian River Boulevard Phase <br />III wetlands mitigation area. The property owner has <br />refused the county's offer of $425,326, which was based on <br />the average value established in two current appraisals <br />obtained by the County. The property owner through his <br />agent, attorney Michael O'Haire, verbally indicated his <br />desired compensation for the property to be $1,300,000. <br />In addition, Mr. O'Haire verbally indicated that the <br />property owners may be willing to make available to the <br />County an alternate mitigation area site for the project if <br />the County will revised its mitigation plan. Staff <br />requested these two counter offers in writing, however, no <br />written communication has been received. <br />ALTERNATIVES AND ANALYSIS <br />The following alternatives are presented: <br />Alternative # 1 <br />Attached is one Resolution authorizing the acquisition <br />of the Martin A. Gregory and Richard B. Wiggins, <br />Trustees, property by Eminent Domain proceedings. The <br />first alternative is to approve the Resolution and <br />authorize staff and legal consultants to proceed with <br />Eminent Domain action. The recommended action will <br />require the deposit of $425,326 with the court at the <br />time of the judicial hearing on an Order of Taking at a <br />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, FL to represent the County. Legal fees for this <br />alternative are included in staff's request. <br />Also for purposes of necessity, staff is recommending <br />approval of the mitigation plan which requires <br />purchasing approximately 100 acres of Golf Course <br />Impoundment No. 22. <br />56 <br />