4/6/1993 - Laserfiche WebLink

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ON iMOTION by Commissioner Adams, SECONDED by Commissioner Macht, the Board unanimously authorized acceptance of the $9,800.00 contract, tree costs of approximately $1,500.00, and attorney's fee of $650.00, as recommended by staff. CONTRACT FOR SALE AND PURCHASE IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD EMINENT DOMAIN LITIGATION - SETTLEMENT AGREEMENT WITH INDIAN RIVER WEST - INDIAN RIVER BOULEVARD PHASE III Public Works Director Jim Davis presented the following memo dated March 26, 1993: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E , Public Works Directo SUBJECT: Eminent Domain Litigation - Settlement Agreement - Parcel 103 (Indian River West) - Indian River Blvd. Phase III REF. LETTER: Sidney A. Stubbs, Jr., to Kenneth J. Kavanaugh dated Mar. 22, 1993 DATE: March 26, 1993 DESCRIPTION AND CONDITIONS In July, 1991, a jury trial was conducted to establish the final compensation to be paid by the County for Eminent Domain acquisition of approximately acres of right-of-way/mitigation area for Indian River Blvd Phase 3 One County appraisal valued the property at $365,200. The twelve person jury verdict was $365,000. There was testimony during the trial which established values of $365,000. In 1991, the trial judge granted a new trial on the basis that the jury should have awarded an additional $200. The County appealed that lower Court decision. Recently, the 4th District Court ruled in favor of the County on this issue. The property owners are appealing this decision to the Florida Supreme Court. At this time, the property owners are willing to enter into a settlement agreement which would resolve all issues. The agreement proposed is as follows: 1. Additional compensation to the property owners in the amount of $35,000. The Florida DOT has purchased the upland portion of the property and will pay approximately 80% of this amount. The state share is approximately $28,000 and County share is $7,000. 85 APR - 61993 800K 89 I