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Board of County Commissioners Meeting Minutes - Final <br />13.B <br />June 7, 2022 <br />Attorney's Office or outside counsel to execute any documents needed to settle the <br />lawsuit. <br />Attachments: Staff Report <br />Aerial photo and sketch and legal description <br />Deputy County Attorney Bill DeBraal recounted that on February 4, 2022, the Board <br />approved extending an unconditional offer of $40,000 to the Sextons for .40 of an <br />acre needed for right-of-way in the 66th Avenue widening project between 77th and <br />81 st Streets. Attorney DeBraal continued, the County filed suit for eminent domain <br />while still continuing to negotiate with the Sextons, and a counteroffer of $50,000 was <br />made to include the cost to replace a fence. Staff recommended accepting the <br />counteroffer and noted that no attorneys or expert witnesses had been hired. <br />A motion was made by Commissioner Adams, seconded by Commissioner <br />Flescher, to approve staffs recommendation. The motion carried by the following <br />vote: <br />Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner <br />Flescher, and Commissioner Moss <br />22-0443 Acquisition of Right -Of -Way from Venda Burgess for 58th Avenue/33rd Street <br />Intersection Improvements - 3335 58th Avenue <br />Recommended Action: Staff recommends the Board approve the Agreement to Purchase and Sell Real <br />Estate for Ms. Burgess' property and authorize the Chairman to execute the <br />document on behalf of the Board. <br />Attachments: Staff Report <br />Agreement to Purchase and Sell Real Estate <br />Deputy County Attorney Bill DeBraal presented a proposed agreement to purchase <br />the property owned by Ms. Venda Burgess at 3333 58th Avenue in advance of the <br />improvements planned for that intersection. Additionally, Attorney DeBraal noted that <br />the old Dodger Pines site was planned for redevelopment, and he advised it would be <br />in the County's best interest to secure right-of-way at the intersection of 58th Avenue <br />and 33rd Street in anticipation of future needs. The only concession, he added, was <br />that Ms. Burgess requested a one-year extended possession to allow her time to find <br />a new home. <br />A motion was made by Commissioner Flescher, seconded by Commissioner <br />Adams, to approve staff's recommendation. The motion carried by the following <br />vote: <br />Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner <br />Flescher, and Commissioner Moss <br />The Chairman called for a recess at 12:41 p.m., and reconvened at 12:47 p.m. with <br />Indian River County Florida Page 20 <br />