3/26/1991 - Laserfiche WebLink

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TO: The Board of County Commissioners FROM:="t William G. Collins II - Assistant County Attorney DATE: March 20, 1991 SUBJECT: Proposed Settlement of Certain Claims in Indian River Boulevard Condemnation Suits Indian River County is currently involved in condemnation lawsuits involving Parcel 103 (Indian River West), Parcel 108 (Hoffman), and Parcel 110 (Gregory/Wiggins) in connection with Phase III of Indian River Boulevard. In each of those suits, E. M. Newmark and Edmond and Doris Allen have been named as defendants. Mr. Newmark and the_ Allens have asserted that they have certain easement rights which are being condemned by the County which will deny them access to their riverfront lots. They have alleged in these suits four legal theories as to how to establish the existence of their easements or, in the alternative, that they are entitled to severance damages if their access is denied or to inverse condemnation damages. Mr. Newmark and the Allens have proposed a settlement agreement which would dismiss them from the suits and release all legal claims against the County, including any claims to attorney's fees which could have been asserted, in exchange for the County granting Mr. Newmark and the Allens a license which would permit them to use the path or unimproved road known as the Mosquito Impoundment Dyke Road for access to . their property and not considering them trespassers in exercising this license. In consideration for these agreements, they request due consideration from the County for access from Indian River Boulevard (presumably at whatever point the Mosquito Impoundment Dyke Road is accessed) consistent with County codes and ordinances. The proposed settlement agreement appears to be an efficient means of resolving the claims of the three parties in .these three different lawsuits. Whether or not Newmark and the Allens would prevail in court on their claims of the existence of an easement and/or their entitlement to damages is open to question. However, it would seem prudent to avoid the court costs and attorney's fees on both sides that would be required to prove or disprove their contentions. The County would be under no obligation under the terms of this agreement to improve the condition of the dyke impoundment. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize the Chairman to execute the proposed Settlement Agreements and Releases attached hereto. 37 "3 BOOK f'GEO.