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included the land at $35 , 000 per acre or $ 8 , 000 for . 23 acre , and the landscaping on a
<br /> wholesale value of $33 , 722 (The retail price of the landscaping was shown in the appraisal
<br /> at $ 67 , 443 ) . The total appraised value was $44 , 800 with the landscaping estimate at
<br /> wholesale value . On October 10 , 2000 , the County amended it's offer to $44 ,800 based
<br /> on the appraisal .
<br /> On March 7 , 2001 , the Turners gave a counter-offer of $ 140 ,000 for 60 feet of right-of-way,
<br /> which included the original
<br /> 30 feet shown 9 Indian River Farms map as right-of-way .
<br /> j On June 11 , 2001 , the County offered three alternative contracts , based on various
<br /> combinations of right-of-way and/or temporary construction easements in an attempt to
<br /> keep potential impact to the property to a minimum . These alternatives required curving
<br /> the road to the west . None of these were acceptable to the Turners . On June 22 , 2001
<br /> the Turners gave a counter-offer to sell the 60' of right-of-way including the original 30 feet
<br /> shown on the Indian River Farms map , for $88 , 563 . This counter-offer was rejected by
<br /> staff. On July 2 , 2001 , another counter-offer was received from the Turners ' attorney,
<br /> reducing the cost to $71 , 702 (see attached 7/2/01 letter) . An executed contract in this
<br /> amount is forthcoming .
<br /> Alternatives And Analysis
<br /> Alternative No . 1 : Pay the Turners $ 71 , 702 for 60 feet of right-of-way , which includes the
<br /> 30 feet shown on the Indian River Farms map . Construct the improvements as planned ,
<br /> including the swale and sidewalk . The Purchase Price includes land at $ 1 . 00 per square
<br /> foot or $ 19 , 950 , Compensation of $ 1 , 170 for replacing the gates and fence and repairing
<br /> the driveway, and $ 50 , 582 which is the average between the Wholesale Value and the
<br /> Retail Price of the Landscaping . In addition to this , the Turners ask that the County
<br /> provide a second driveway access at the south end of their property at a cost to the County
<br /> of $ 500 , and pay Attorney fees to Ralph Evans of $ 9 , 500 , and a water impact fee charge
<br /> of $ 1 , 300 . The Total Expenditure for Alternative No . 1 therefore , would be $83 , 002 .
<br /> There are no further appraisal fees .
<br /> Alternative No . 2 : A second option agreeable to the Turners is to purchase 25 feet of the
<br /> original 30 feet right-of-way shown on the Indian River Farms Water Control District Map
<br /> for $ 1 . 25 per square foot, or $ 10 , 391 and grant a 3 foot temporary construction easement.
<br /> This option would require eliminating the sidewalk or constructing the sidewalk directly
<br /> behind the curb and building a retaining wall with hand rail (cost is approximately $ 10 , 000 )
<br /> due to the close proximity of an existing swale on the Turner property. This option also
<br /> pays a cost per square foot higher than appraised value ($ . 81 per square foot) and would
<br /> require power poles in the sidewalk . This would be a very constrained condition .
<br /> Attorneys fees of $9 , 500 would still apply . Total cost is approximately $29 , 891 .
<br /> Alternative No. 3 : File Eminent Domain for 40 feet of right-of-way which would avoid the
<br /> taking of expensive oak trees , landscaping , etc . This option would delay the project 4
<br /> months minimum while updated appraisals are obtained and an order-of-taking occurs .
<br /> A jury would not have to determine the value of the large oak trees , etc . Legal Fees and
<br /> court costs would be necessary. The right-of-way is estimated to be $ 10 , 638 .
<br /> Alternative No . 4 : File Eminent Domain for 60 feet of right-of-way which would involve the
<br /> taking of large oak trees . The road would be straightened and out of the IRFWCD right-of-
<br /> way completely, which is the desire of the IRFWCD . The appraisal would have to be
<br /> updated and a minimum 4 months delay would occur. The sidewalk would be constructed .
<br /> Minimum right-of-way cost is estimated to be $ 56 , 000 .
<br /> RECOMMENDATIONS AND FUNDING
<br /> If the project is not to be further delayed , staff recommends the Board of County
<br /> Commissioners approve Alternative No . 1 .
<br /> Funding to be from Account #315-214- 541 -066 . 12
<br /> JULY 179 2001 B4 i PG 91
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