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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DEPARTMENTAL TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Report on 66th Avenue Right -of -Way Acquisition Costs DATE: December 26, 2019 DESCRIPTION AND CONDITIONS The Board requested that staff review the current costs of right-of-way acquisition to past costs for 66th Avenue right-of-way acquisition and report back to the Board with their findings. The following is a synopsis of the findings and the attached information shows differences in right-of-way purchases approved by the Board in the past and present for 66th Avenue. The first segment of widening for 66th Avenue was from SR -60 to north of 49th Street and was completed in 2015. However, right-of-way acquisition for the construction of the first segment of the widening project began back in 2006. Staff analyzed a portion of the property purchased for right-of-way between 2006 and 2011 from south of 41st Street to 57th Street. This analysis showed that a total 52.54 acres was acquired at a cost of $5,403,281 or an average cost of $102,841 per acre. As the Board is aware, every property acquired had unique factors involved with each individual property, so the cost per acre ranged from $55,600 per acre to $569,117 per acre with some vacant land, some improved land, and some where the County purchased the entire parcel and removed the structures. A breakdown of each individual parcel that was obtained is attached. As the County continues to grow and with the Florida Department of Transportation working on the widening of CR -510 from CR -512 to US -1, County staff saw the need in 2017 to restart the acquisition process for right-of-way to continue widening 66th Avenue from north of 49th Street to CR -510. The widening has been divided into two phases, phase one from north of 49th Street to north of 69th Street and phase two from north of 69th Street to CR -510. Atotal of 75.86 acres of right-of-way and stormwater retention pond sites have been acquired so far for the widening of 66th Avenue from north of 49th Street to CR -510 at a cost of $5,120,996 or $67,505 per acre. It should be noted that 6 of the 28 parcels purchased were obtained before 2017. As the Board is aware, every property acquisition has unique factors involved with each individual property, so the cost per acre ranged from $23,333 per acre to $605,212 per acre with some vacant land, some improved land, and some where the County purchased the entire parcel and removed the structures. A breakdown of each individual parcel that was obtained is attached. The County continues to consider the eminent domain process as an option when acquiring needed right- of-way. Previous Board direction was to offer more funds toward property owners rather than having these dollars end up in the hands of outside attorneys and expert witnesses. As such, eminent domain has been considered as a last resort when staff is unable to negotiate what staff believes is a fair settlement that will save the taxpayers money by not enforcing eminent domain proceedings. The eminent domain process is costly and time consuming from the aspect of property owners attorney's fees, expert witness fees for both the County and the property owner, County outside council fees for litigation, outside appraisers fees, and other fees that the County ends up paying for in most cases. 50