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Sadhwani 66th Avenue Offer December 3, 2020 Page 12 right-of-way from the Sadhwanis at a price of $211,600 and the entire.parcel at a price of $518,156. On the same date, the Board approved a Resolution of Necessity for acquisition of the parcel, authorized staff and outside counsel to use the power of.eminent domain and approved filing a lawsuit to take the property. The Resolution of Necessity and the Unconditional Offer must both be approved by the Board were sent to the landowner prior to suit being filed. After waiting the statutory 30 days after service of the Unconditional Offer and Resolution, suit was filed in Circuit Court in Indian River County on October 1, 2020. The County's outside counsel, William Doney, filed a motion for an Order of Take and had it set for a hearing. Prior to the hearing, staff began negotiating with the Sadhwanis and their attorney, David Holloway, as they objected to the Order of Take. The Sadhwani's claimed that the County's offer was based on an appraisal that was not a good faith estimate of the value of the property. They also challenged the validity of the road plans and the corridor study. Mr. Doney, with the concurrence of staff, negotiated an Agreed Order of Take for the needed 7.86 acres. That Agreed Order of Take is attached to this memo and is presented for Board consideration and approval. To summarize the Agreed Order of Take, the County will pay $314,264 to the Sadhwanis for the pond site and right-of-way property. The County will install one 14' wide concrete driveway at the western side of the property on 65th Street at the time of construction of the Phase 1 66th Avenue Project. Additionally, at the time of construction of the 65th Street section of the project, the County will install a 12 -inch outfall pipe from the Sandwani parcel to the canal on the south side of 65th Street. Installation of the outfall pipe during construction will serve two purposes. First, it will reduce any claim for damages due to flooding or drainage problems to the remainder parcel in the after condition. Second, it will eliminate the need for an open cut trench to 65th Street for installation of the pipe at a later date. The cost of the driveway is estimated to be $3,500 and the cost of installation of the outfall pipe approximately $10,000. A memorandum from Mr. Doney in support of the Agreed Order of Take is attached to this memo. Recent purchases or similar sized parcels include the following: • April 2019 the County purchased 13.78 acres from a parent tract of 56.23 acres (24.5% taken) of unimproved property on the west side of 66th Avenue between 61 st and 65th Streets at a price of $42,500 per acre for $585,650 together with 12.5% severance damages of $225,515 for a total cost to acquire of $811,165. • The County previously purchased the entire 18.59 acre Miami Block parcel at the southwest corner of 66th Avenue and 69th Street for $655,298.00 ($35;250 per acre). 122