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531d Street Jenkins Unconditional Offer November 2, 2016 Page 12 Jenkins sand mine. The property is in the process of being filled in and at this point, approximately 15 acres are submerged. The road construction plans for 53 Id Street called for the County to acquire approximately 6.2 acres of submerged and upland property from the Jenkins for road right-of-way for the construction of 53rd Street. That purchase was completed in 1988. The County also needed a 2.86 acre Temporary Construction Easement (TCE) on the south side of the right-of-way parcel for access during the construction process. A sketch and legal description of the Permanent Slope Easement and an aerial of the two parcels owned by the estate are attached to this memorandum. Following the completion of the Project, it was discovered that the area used for a TCE was permanently covered with fill material in order to support the road. In hindsight, the County should have sought a Permanent Slope Easement when purchasing the needed right-of-way rather than a Temporary Construction Easement. After discovering that the TCE was of a permanent nature, the Jenkins filed a lawsuit alleging that Indian River County had inversely condemned this portion of their property by placing fill material on the Jenkins property. That suit is pending in the Circuit Court and the County is represented by its outside eminent domain attorney, Bill Doney, Esq. To rectify the problem of placing fill permanently on the Jenkins Estate submerged property, the County needs to acquire a Permanent Slope Easement via eminent domain. In order to provide for the lateral support for the 53rd Street Extension and to harmonize the roadway with abutting lands, the County needs to acquire a Permanent Slope Easement on, over and under the TCE parcel. This slope easement can be used by the County to permanently place or install soil, sand and other fill materials over the easement area in order to provide lateral support and to prevent the washout or erosion of the 53rd Street roadway. By acquiring the Permanent Slope Easement, the County will have the permanent right to enter the easement area in order to repair, replace and maintain the easement area and the materials placed thereon. The Jenkins, their heirs, successors and assigns, will have full use of the easement area but they would be permanently prohibited from removing or interfering with the operation, functioning, maintenance or repair of the fill materials or improvements placed on the easement area by County. In order to obtain the needed slope easement for the 53rd Street improvements, the County needs to file an action in eminent domain, naming the Jenkin's Estate as owner of the property. The Board took the first step in that process at its meeting of March 15, 2016, by approving a Resolution of Necessity. That Resolution declares: • It is necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute the lawsuit to Final Judgment The next step in the eminent domain process is to make an Unconditional Offer to the Jenkins Estate for purchase of the needed slope easement. The Unconditional Offer must be based on an appraisal of the property. The County has retained the services of Glen Spivey, an appraiser experienced in eminent domain appraisals for both private landowners and government entities. In order to assist Mr. Spivey in forming his opinion of value, the County has retained engineer Brian Good of Kimley-Horn and Associates and land planner Michael Houston. After review of 142