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Dylan Reingoid, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />134 <br />Office of Attorney's Matters 1211912017 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />MEMORANDUM <br />TO: Board of County Commissioners <br />THROUGH: Richard B. Szpyrka, P.E., Public Works Directo]} <br />FROM: William K. DeBraal, Deputy County Attorney 0 <br />DATE: December 8, 2017 <br />SUBJECT: Conveyance of Right -of -Way parcels to the Florida Department of Transportation, <br />for the SR 60/43rd Avenue Project <br />In June 2015, the County and the Florida Department of Transportation (FDOT) entered into a <br />County Incentive Grant Program Locally Funded Agreement (Incentive Agreement) whereby FDOT <br />would acquire the needed right-of-way for the SR 60/431d Avenue intersection improvements <br />(Project) with the cost of acquisition to be split equally between the parties. The right-of-way <br />acquisition process is proceeding with necessary suits in eminent domain being filed by FDOT and <br />court hearings being scheduled for the next two months. <br />Over the past several years, the County purchased numerous parcels near the SR 60/431 Avenue <br />intersection to be used as right-of-way. Six of those parcels must now be conveyed to FDOT so they <br />may proceed with right-of-way certification in advance of construction. The parcels to be conveyed <br />are shaded in pink on the right-of-way maps attached to this memorandum. Of the six parcels, three <br />will be conveyed in full to FDOT: Harbora, Lazy J and Historic Dodgertown. The remaining three <br />parcels: the former Mark's Mobil, Lennie's Lounge and Mermaid Carwash will be conveyed in part <br />to FDOT as FDOT can only accept the property that is needed for construction of the roadway <br />project. The remainder of the Lennie's Lounge and Mermaid Carwash will be used for cure plans <br />for Paradise Central, Szechuan Palace and Cumberland Farms on the west side of 431 Avenue. <br />The remainder parcels will be conveyed when negotiations over the proposed cure plans have been <br />completed. <br />FUNDING. There is no impact to County funds as a result of the conveyances. <br />RECOMMENDATION. Staff recommends the Board of County Commissioners approve the <br />conveyance of the six parcels to the Florida Department of Transportation for the SR 60/43rd Avenue <br />Project and approve the accompanying Resolution authorizing the Chairman to execute the County <br />Deed on behalf of the Board. <br />Attachments: Right-of-way maps <br />County Deed <br />Resolution Authorizing the Chairman to sign the County Deed <br />132 <br />