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Office of Attorney's Matte INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P. E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: April 10, 2019 SUBJECT: Acquisition of Right -Of -Way for Phase III of 66th Avenue Improvements from Audestine and Jackye Hudson - 66th Avenue and 73rd Street Audestine and Jackye Hudson (the Hudsons) are the owners of a 4.53 acre parcel of property on the west side of 66th Avenue just south of 73rd Street which is depicted on the aerial photo attached to this memorandum as Exhibit "A". The Parcel is zoned A-1, Agricultural, up to one residential unit per five acres and lies outside of the Urban Services Boundary. This site is a current citrus grove and contains fencing, irrigation and a flow well. The Hudsons have owned the property since 1992 and it has been used as a grove ever since that time. Mr. Hudson retired from the citrus business and uses this 4.53 acre parcel to grow and sell fruit as a hobby and a source of income. Construction plans call for the County to acquire 3.13 acres of right-of-way from the Hudsons consisting of a 156 -foot wide strip along the length of the eastern border of the property. A sketch and legal description of the right-of-way is attached to this memo as Exhibit "B". The total property needed is ±69% of the parcel, leaving a remainder of 1.4 acres. A settlement conference was held on March 18, 2019, with Mr. and Mrs. Hudson, their attorney Brent Simon, Rich Szpyrka, Monique Filipiak, James Ennis and the Deputy County Attorney in attendance. At the conference, Mr. Hudson claimed that in the after condition, 1.4 acres was insufficient to continue his citrus operation. It was his preference to sell the entire 4.53 acre parcel. The County would also avoid severance damages to the remainder parcel if it would buy the entire parcel.