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Office Of Attorney's Matters 07/16/2019 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney INDIAN RIVER COUNTY 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: July 9, 2019 SUBJECT: Acquisition of Right -Of -Way Parcel 110 for Phase III of 66th Avenue Improvements from Doris and Billy Jackson, 6835 66th Avenue Doris and Billy Jackson are the owners of a 1.85 acre parcel of property on the west side of 66th Avenue just south of 69th 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 improved with a three bedroom, two bath 1,302 square foot single family residence with an attached carport. The parcel has been owned by the Jackson family since the home was built in 1963. Construction plans for this section of 66th Avenue call for the County to acquire 0.47 acres of right-of-way from the Jacksons consisting of a 131' wide by 156' deep strip along the length of the eastern border of the property. A sketch and legal description of the right- of-way are attached to this memo as Exhibit "B". The total property needed is t 25% of the Parcel, leaving a remainder of 1.38 acres. A pre -suit mediation conference was held on June 28, 2019, with Mr. and Mrs. Jackson, their attorney David Holloway, Rich Szpyrka, and the Deputy County Attorney in attendance. Attorney Randy Brennan was the mediator. At the mediation, the Jacksons expressed the desire to keep the house on the remainder property. County staff expressed concern over keeping the house on the parcel citing a close proximity to the new right-of-way line. After the road and sidewalk are constructed, the front porch will be about 10 feet from the new property line. In past discussions with the Jacksons and their attorney, they inquired about acquiring the County owned lot adjacent to the north of the Parcel. In April 2009, the County purchased the adjacent property to the north of the Jackson's parcel for $480,000. The