1/8/1991 - Laserfiche WebLink

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Scenario # 1. A valid petition may be filed, or project initiated, where the county has a certain minimum amount of right-of-way but needs to acquire additional right-of-way to provide for the minimum right-of-way requirements. The county staff requests donations of right-of-way and assesses those who have donated right-of-way only for the construction costs, at the present time, several property owners along '1st Street SW, 33rd Street, and 26th Street do not wish to donate right-of-way, or do not wish the road to be paved. The alternative is to purchase the right-of-way, and possibly go to condemnation for additional right-of-way for a petition paving project. The costs for the acquisition of the right-of-way must be borne by the property owners or the county. It is not equitable for all of those involved in the benefit district, even those who have donated right-of-way, to pay for the cost of the right-of=way from those citizens who did not donate. - Scenario # 2. In a forced assessment where additional right-of-way is needed for the purpose of eliminating road grading routes, or other maintenance costs to the county, should the county purchase or even condemn right-of-way and put the right-of-way acquisition costs in the costs assessed to the benefit district when the assessment was initially pursued by the county. Scenario # 3. In some cases, a potential development is required to escrow money so that the road may be paved when the county schedules it. In this case., generally, the developer may be the only one expressing an interest in having the road paved. In some cases the developer may be required to have the road paved prior to receiving a Certificate of Occupancy. In such'a case, should the county purchase or condemn right-of-way for this project from other owners. In cases like this should the road just be paved to the minimum extent possible for example to the developer's property line and no further to reduce the extent of the benefit district. Scenario # 4. Some property owners along a benefit district are willing to donate the right-of-way. The willing donors are asking us that they not be assessed for the cost of the improvement. Should the cost of donated right-of-way be included as a credit toward the assessment cost of the petition paving? Scenario # 5. Involves the acquisition of not only right-of-way, but in the case of close structures to the road work the purchased structures, or payment of damages, to those structures that are affected by roadway construction even if they are outside of the right-of-way limits, -but due to the proximity of the roadway are damaged by the new roadway. This presents the threshold question of when is an owner damaged by the construction, or on whose authority should damages be paid? ALTERNATIVES AND ANALYSIS It is now, due to water management district requirements and Indian River Farms Drainage District requirements, impossible for the county to pave roadways without at least sixty feet of right-of-way for local roads, and approximately eighty feet for collector roadways. The need to accommodate stormwater treatment and flood attenuation is further complicated by the need to provide utility accommodation within the right-of-way and due to the separation requirements of the utility's facilities for underground installations, as well as roadside safety clear zones, these widths are minimums, especially for collector roads which may have future widening requirements. Even if off-line stormwater retention ponds are built to provide stormwater flood attenuation and water quality treatment, conveyance swales must be maintained and therefore little right-of-way savings could be achieved by using off-line retention ponds in vacant areas, or lots, in the subdivision included within the benefit district of the petition paving project. 38 W