06/07/2022 - Laserfiche WebLink

Home Browse Search

Of Ce Of Attorney's Matters 06/07/2022 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant county Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: May 24, 2022 SUBJECT: Counteroffer for a Parcel of Right -Of -Way Located at 805566 th Avenue, Vero Beach, FL 32967 Parcel 130 Owned by Robert and Mary Grace Sexton On February 15, 2022, the Board of County Commissioners extended an unconditional offer to Robert and Mary Grace Sexton (the Sextons) to purchase property needed for right-of-way at the northern end of the 66th Avenue Improvement Project, Phase II. You will recall the Sextons own an 18.85 -acre parcel of property that lies on the west side of 66th Avenue between 77th and 81St Streets. This site is rectangular in shape. The property is located outside the urban service boundary and is zoned A-1, Agricultural, up to one unit per five acres and is improved with an active citrus grove. The County needs a 0.40 -acre triangle shaped parcel to be used as right-of-way for the 66th Avenue project. The right-of-way parcel has 590 feet of frontage along 66th Avenue and is 72 feet wide at its deepest point. Improvements within the 0.40 acres are citrus trees with accompanying irrigation and fencing. An aerial photo of the parent parcel and sketch and legal description of the part to be taken are attached to this memorandum. The property is an active, producing grove. A recent appraisal establishes the value of the partial taking to be $20,500.00 which equates to a value of $51,250 per acre. A copy of the appraisal is available for review at the Board of County Commissioners' office. At the Board's meeting in February, an unconditional offer of $40,000.00 was approved. Staff has been negotiating with the Sextons, and relayed the Board's unconditional offer of $40,000 to them. The Board is required to make an unconditional offer to the Sextons prior to filing suit in eminent domain. Suit was filed by the County's outside counsel, Bill Doney, on March 22, 2022. The Sextons have not hired an attorney or any expert witnesses and 313