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la14 <br />Office of Attorney's Matters 06/11/2019 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />Dylan Reingold, County Attorney <br />William K. DeBraal, Deputy County Attorney <br />MEMORANDUM <br />TO: The Board of County Commissioners <br />THROUGH: Richard B. Szpyrka, P.E., Public Works Director <br />FROM: William K. DeBraal, Deputy County Attorney <br />DATE: June 4, 2019 <br />SUBJECT: Acquisition of Right -Of -Way for Phase III of 66th Avenue <br />Improvements from Glen C. Besancon — 6725 66th Avenue <br />Glen C. Besancon is the owner of a 3.36 acre parcel of property on the west side of 66th <br />Avenue just south of 69th Street which is depicted on the aerial photo attached to this <br />memorandum as Exhibit "A". The Parcel is zoned A-1, Agricultural, up to one <br />residential unit per five acres and lies outside of the Urban Services Boundary. This site <br />is improved with a three bedroom, two bath 2,000. square foot single family residence. <br />Mr. Besancon has owned and resided on the Parcel since 1975. <br />Construction plans for this section of 66th Avenue call for the County to acquire 0.87 <br />acres of right-of-way from Mr. Besancon consisting of a 156 -foot wide strip along the <br />length of the eastern border of the property. A sketch and legal description of the right- <br />of-way is attached to this memo as Exhibit "B". The total property needed is ± 26% of <br />the Parcel, leaving a remainder of 2.49 acres. A settlement conference was held on <br />April 25, 2019, with Curt and Glen Besancon (sons of Mr. Besancon), their attorney <br />Brent Simon, Rich Szpyrka, Monique Filipiak, and the Deputy County Attorney in <br />attendance. At the conference, the Besancon sons explained that due to their father's <br />age and health, they thought it would be best for their father to remain in his home and <br />inquired about acquiring the County owned lot adjacent to the south of the Parcel. The <br />sons plan on building an additional home utilizing the adjacent County owned lot so they <br />can be in close proximity to their father. The adjacent property was obtained in 2006 <br />from Wendy and Robert Gardiner for $250,000. The former Gardiner property was also <br />improved with a small home that was demolished shortly after it was purchased by the <br />County. The Gardiner property depicted on the aerial photo attached to this <br />memorandum as Exhibit "C", is a 0.94 acre parcel that is 90 feet wide and <br />167 <br />