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5/14/1991
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5/14/1991
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
05/14/1991
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BOOK 8j P,1GE p � <br />opinion and the County's appraisal, the average of the <br />values is $532,600 (using the Kern appraisal) or $741,000 <br />(using the Cline appraisal). The County's legal counsel, <br />Blackwell and Walker, is recommending a Final Offer of <br />Judgement in the amount of $525,000. If the property owner <br />accepts this final offer, the compensation would be <br />resolved, and a jury trial would not be necessary. If the <br />property owner does not accept this final offer, the Jury <br />Trial would proceed and the County's position would be that <br />the land has a value of $365,200. If the Jury determines a <br />greater value than $525,000, the County would have to pay <br />the established value in addition to legal costs for <br />services performed after May 22nd in preparation for trial, <br />expert witness fees, trial costs, etc. Since the property <br />owners have two attorneys, these costs are estimated at <br />$25,000 for trial attorneys, $20,000 for preparation for <br />Trial, and Expert Witness fees of $10,000 for a total of <br />$55,000. <br />The Florida DOT will need 10.484 acres of Parcel 103 for the <br />Merrill Barber Bridge right-of-way and proximately 6.5 <br />acres for a permanent easement and will pay the proportional <br />share to the County for this property. The alternatives <br />presented are: <br />Alternative #1 <br />Authorize Blackwell, Walker to present a final offer of <br />judgment in the amount of $525,000. <br />Alternative #2 R <br />Adhere to the present County offer of $365,200. <br />RECOMMENDATIONS AND FUNDING <br />Staff recommends Alternative #1. Funding to be from Fund <br />309, Indian River Boulevard North account ($360,627) and <br />Florida DOT ($164,373). <br />Director Davis pointed out that if we offer $525,000 as <br />recommended by our legal counsel and the Jury awards less than <br />that amount, then the attorneys' fees and related costs would not <br />be the County's responsibility. <br />Chairman Bird commented that he had always felt that <br />appraising is a more exact science than is indicated by the <br />figures presented. <br />ON MOTION by Commissioner Scurlock, SECONDED by Com- <br />missioner Eggert, the Board unanimously approved <br />Alternative #1 authorizing a final offer of judgment <br />in the amount of $525,000 as recommended by staff. <br />52 <br />
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