9/10/1991 - Laserfiche WebLink

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TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E., Public Works Director SUBJECT: Indian River Boulevard Phase III - Right -of -Way Parcel.#109 - Offer of Settlement DATE: August 29, 1991 DESCRIPTION AND CONDITIOr=S FILE: i.r'b-109.agn On March 20,, 1990, the Board of County Commissioners approved eminent domain acquisition of Parcel 109 (Vero Medical Center' - Dr. Ames, Trustee). The parcel is approximately two acres in size and is appraised at $25,000. The parent tract is located at the southwest corner of 37th St. and Indian River Boulevard. The property owners are seeking approximately $845,000 for the taking of Parcel 109 based on their trial experts' contentions that the loss of Parcel 109 would cause severance damage to the remaining "parent tract" through loss of access to the land within the "medical node". Staff *and the County's legal consultant have recently met with the property owners to discuss settlement on the compensation issue. ALTERNATIVES AND ANALYSIS Initially, the property owners requested the following considerations to settle the case: 1) Monetary compensation of $41,000 ($20,900 already *deposited with the Registry of the Court, together with an additional monetary compensation of $20,100); 2) A zoning change for the entire property from residential to medical office; 3) Construction by the County of a full movement driveway access to Indian River Boulevard including left -turn lane and right -turn lane (estimated cost $40,000); 4) County to pay legal fees and expert fees to date (including expert witness fees) at an amount to be determined by the court in subsequent proceedings. The County staff requested that the property owner reconsider additional monetary compensation, zoning changes, and paved ,driveway access conditions since the second items involves possible contract -for -zoning action which is not legal and additional access paving will require permitting revisions. After further' consideration, the property owner is willing to settle for the following: 1) $20,900'(prior deposit) 2) Construction by the County of additional limerock base material, drainage structure, etc. to serve a future full access driveway for the parent tract onto Indian River Boulevard at a safe location from 'the Barber Avenue/Indian River Boulevard intersection. This base material would be protected with filter fabric and sodded. When the property development is approved, the sod would be removed and paving would occur. The estimated cost of this work is $ 34,000. 21 S F P 1 (0 1991 ' ' no Fr�i�C. �dxpj I