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Dylan Reingold, County Attorney <br />William X. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />)3A <br />Of Ce o, f Attorney's Matters 04/11/2017 <br />INDIAN RIVER COUNTY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />THROUGH: Richard B. Szpyrka, P.E., Public Works Direct06� <br />orFROM: William K. DeBraal, Deputy County Attorney <br />DATE: April 4, 2017 <br />ATTORNEY <br />SUBJECT: Consideration of a Mediated Settlement Agreement: <br />Jenkins v. Indian River County, Circuit Court Case No. 312014 CA 911 <br />1. INTRODUCTION <br />The following information is submitted for consideration by the Board of County Commissioners <br />(BCC) in approving a Mediated Settlement Agreement between the Estates of William and Carl,yne <br />Jenkins (Jenkins) and Indian River County (County) for property acquisition associated with the <br />construction of 531 Street west of Old Dixie Highway and east of Waterway Village (hereinafter <br />referred to as "Project"), in Indian River County. <br />II. PROJECT PURPOSE AND CHRONOLOGY <br />The _project consisted of constructing 53rd Street into a four -lane road with bridges, turn lanes, <br />improved drainage, sidewalks and signalization. The project also included roadway signing and <br />pavement marking items. The 53rd Street Project was initially envisioned as a US Highway 1 to 1-95 <br />corridor back in the 1980s. At that time, 531 Street was chosen over 49th Street due to the lack of <br />residential development along 53rd Street. The Project was designed in house spanning the careers <br />of three Public Works Directors, three County Engineers, and an unknown number of County <br />Surveyors and Project Engineers. <br />The Estates of William and Carlyne Jenkins, (Jenkins) own two adjacent parcels of property that lie <br />on the south side of 531 Street west of Old Dixie Highway and east of the Waterway Village <br />development. The two parcels have a combined size of 27.63 acres. These roughly rectangular - <br />shaped parcels are zoned A-1, Agricultural, up to 1 unit per five acres. The underlying future land <br />use is C/I Commercial Industrial. The parcels are undeveloped and were the site of the former <br />Jenkins sand mine. The property is in the process of being filled in and at this point, approximately <br />15 acres are submerged. The road construction plans for 531d Street called for the County to acquire <br />approximately 6.2 acres of submerged and upland property from the Jenkins for road right-of-way <br />for the construction of 531d Street. The County also needed a 2.86 acre Temporary Construction <br />P196 <br />