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53 Id Street Jenkins Unconditional Offer <br />November 2, 2016 <br />Page 13 <br />comparable sales, the engineer's and land planner's reports, Mr. Spivey has concluded the value <br />of the needed slope easement to be $125,000.00. <br />In comparison, the appraiser hired by the Jenkins Estate valued the 2.86 acre parcel at $466,800.00 <br />for a fee simple taking of the property, rather than the Permanent Slope Easement. <br />The Board must now decide the amount of the Unconditional Offer it must make to the Jenkins <br />Estate for purchase of the Permanent Slope Easement interest in the property. <br />The Unconditional Offer should be at least equal to the appraised value. The offer sets the basis <br />for calculation of attorney's fees and future negotiations for purchase of the slope easement whether <br />at settlement discussions, mediation or at trial. In his appraisal, Mr. Spivey took into account sales <br />of similarity zoned parcels and also gave the County credit for the amount of fill already placed on <br />the Jenkins Estate property. <br />The Jenkins Estate is represented by attorney Robert Gorman of the law firm of Robert J. Gorman, <br />PA in Ft. Pierce. Upon approval of this Unconditional Offer, the County will send Mr. Spivey's <br />appraisal report and the offer letter to the Jenkins Estate. If the offer is not accepted, the County <br />will file a counter suit in eminent domain and attempt to negotiate a Stipulated Order of Take for the <br />slope easement. The parties will then attend a mediation conference in an attempt to settle the <br />issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) <br />person jury trial and the jury will determine the amount of compensation to be paid to the Jenkins <br />Estate. <br />III. FUNDING <br />Although not currently budgeted, funds for this expenditure are available through a budget <br />amendment from Traffic Impact Fees/District II/Cash Forward -Oct 1 st. to Traffic Impact Fees/District <br />II/ROW/53rd Ave/58th St to US 1, Account # 10215241-066120-02025. <br />IV. RECOMMENDATION <br />Staff recommends that the Board approve making an unconditional offer for the Permanent Slope <br />Easement to the Jenkins Estate in the amount of $125,000. <br />Attachments: <br />Permanent Slope Easement legal description, aerial and TCE <br />Copies to Rich Szpyrka <br />Bill Doney, Esq. <br />143 <br />