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07/06/2021
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07/06/2021
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8/26/2021 2:58:45 PM
Creation date
8/26/2021 2:18:43 PM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/06/2021
Meeting Body
Board of County Commissioners
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BCC Necessity of Take Lipfert, Williams, Sexton, <br />Van Antwerp and Barker/Strickland <br />June 29, 2021 <br />Page 12 <br />the widest point. This property is on the east side of 66th Avenue. The only improvement in <br />the part to be taken are a palm tree and a bush. The landowner is Audrey Williams. <br />Parcel 130, 8055 66th Avenue, is owned by Robert and Mary Grace Sexton. The parent parcel <br />is on the west side of 66th Avenue and is 18.845 acres in size. The County needs a 0.40 -acre <br />triangle shaped parcel to be used as right-of-way. This parcel is also zoned A-1, Agricultural, <br />up to one unit per five acres. The property is improved with an active citrus grove. <br />Improvements within the 0.40 acres are approximately 10 citrus trees with accompanying <br />irrigation. <br />Parcel 132, 6555 81St Street is owned by Frederick and Florence Van Antwerp. The parcel is <br />4.39 acres in size and zoned A-1, Agricultural, up to one unit per five acres and lies on the <br />northeast corner of 66th Avenue and 81st Street. The County needs to acquire a 0.99 -acre <br />parcel to be used as right-of-way. There are no improvements on the property, but the site <br />has been the location of the corn maze in years past. The Van Antwerps lease this parcel and <br />an adjacent parcel to Country Side Family Citrus. Countryside, as tenants, are entitled to <br />notice and possible damages due to the take. <br />Parcel 151, 7860 66th Avenue, Vero Beach, FL, contains a single-family residence owned by <br />Ruby Strickland and Wesley Barker. The single story house built in 1961 has 3 bedrooms and <br />one bath and is approximately 1,254 sq. ft. in size. The parent parcel is 0.55 acres and the <br />County needs to acquire 0.10 acres to be used for right-of-way. Improvements in the area of <br />take include two oak•trees; two palm clusters and part of a marl driveway. The property is on <br />-.the east side of 66th .Avenue, ;north of 77th :Street. <br />A Resolution of Necessity does not require a public hearing. It requires the Board to review the safety, <br />cost, alternative routes, long-range planning and environmental aspects of the project in relation to <br />the proposed take. The Board considered all of those factors at the meeting of March 17, 2009 and <br />approved the Corridor Study for 66th Avenue and the proposed alignment in front of the five properties. <br />A copy of the Corridor Study is available for review at the County Commission Office or the Office of <br />the Clerk to the Board. <br />The property owners are represented by various law firms. Upon approval of this Resolution of <br />Necessity, and after a Board approved Unconditional Offer, the County will file a lawsuit in eminent <br />domain and file a motion for an Order of Take. If the Court approves the motion, the County will <br />deposit its appraised value into the Court Registry and take title to the rights-of-way and access <br />easement, and the landowners may access the deposit in the Court Registry, less any taxes, liens or <br />mortgages owed on the property. The parties. will then attend a mediation conference in order to settle <br />the issue of compensation. If the mediation is unsuccessful, the parties will proceed to a twelve (12) <br />person jury trial and the jury will determine the amount of compensation to be paid to each landowner. <br />Acquisition of these parcels is important as it provides needed rights-of-way for the expansion of 65th <br />and 69th Streets at their intersection with 66th Avenue. The attached Resolution of Necessity with <br />copies of the sketches and legal descriptions of the needed rights-of-way and the access easement <br />are attached to this memorandum and provides for the following: <br />• The Board finds it necessary to acquire the property using eminent domain <br />• Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the <br />needed property <br />• Authorizes County employees and its agents to take action necessary to prosecute the lawsuit <br />122 <br />
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