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HomeMy WebLinkAbout2008-116RESOLUTION 2008-116 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING POLICIES FOR ACQUISITION OF RIGHT-OF-WAY FOR ROAD EXPANSION AND IMPROVEMENT PROJECTS PREVIOUSLY SET OUT IN RESOLUTION NO. 2007-027. WHEREAS, Indian River County is currently undertaking several major road expansion and improvement projects throughout the County, and WHEREAS, acquisition of necessary right-of-way is a vital element of these projects; and WHEREAS, the County is mindful that acquiring right-of-way can sometimes entail taking a portion or all of a homeowner's or property owner's entire parcel; and WHEREAS, the County desires to implement a policy to insure that all homeowners and property owners are treated in a uniform and consistent manner when the County seeks to purchase property for right-of-way purposes; and WHEREAS, by issuing this resolution, the County intends to create a general policy of timely right-of-way acquisition that treats all people fairly, so that if voluntary purchase of needed right-of-way is not accomplished, the County may resort to its power of eminent domain; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, that: 1. When a proposed road expansion and improvement project has been proposed and a typical cross section or roadway design has been approved by the Board of County Commissioners, staff should begin the process of acquisition of right-of-way by contacting landowners to initiate the acquisition process. Working in coordination with the design engineering firm selected for the project, consideration should be given for the need for large parcels for storm water treatment, utility relocation or parcels of special interest such as commercial property. 2. When negotiating contracts with design engineering firms, the contract should call for the firm to provide the County with parcel sketches and legal descriptions of all right-of-way parcels needed and SCALE (safety considerations; cost; availability of alternate route; long-range planning; and environmental factors) reports for the road project. RESOLUTION 2008-116 3. When the design of the project has reached 30%, an open house/workshop should be held where affected landowners would be notified and invited to attend. Focus should be concentrated on landowners that are willing to sell their property (large or small parcels) at this early stage and if possible, should be accommodated with lease back agreements or similar arrangements. A map or critical path chart should be developed to show needed parcels, identify the owners and progress made during acquisition. 4. Once a segment of a project has reached 60% design completion, the design engineering firm shall provide parcel sketches and legal descriptions of right- of-way parcels needed for the improvement project. The following outline would be used: • Affected land owners would be contacted within 30 days of receipt of 60% plans or within 30 days of receipt of a sketch and legal description of the property necessary to be acquired and provided notice of their statutory rights pursuant to section 73.015, Florida Statutes. • After notice to owner, negotiations will remain open for 120 days after the notification to complete a voluntary purchase unless extended by both parties or terminated by either party, in writing. A written conditional offer shall be made to the landowner during this time. • Within 30 days following termination of negotiations, the file would be assigned to one of the eminent domain firms on contract for drafting a resolution of necessity for approval by the Board of County Commissioners. • At the same time and also within 30 days, an appraisal would be ordered for the affected property in order to comply with statutory requirement, and the consulting engineer would be directed to provide a SCALE report. • Following the completion of the appraisal and SCALE report, an unconditional good faith offer would be made to the property owners and a resolution of necessity would be brought before the Board for approval pursuant to the Notice to Owner and Chapters 73 and 74, Florida Statutes. • If the offer supported by the appraisal is not accepted within 30 days, suit would be filed for a quick take pursuant to Chapter 73 or 74, Florida Statutes. 5. All subdivisions are required to donate the minimum local road right-of-way. • The County would offer to purchase ultimate right-of-way on collector roads and thoroughfares. 2 1 RESOLUTION 2008-116 • The purchase price for any property in excess of the minimum right-of-way would be based on recent comparable sales for vacant land. 6. Deviations from this policy can be made as needed to fit the circumstances of unique acquisitions. This resolution was moved for adoption by Commissioner Flescher, and the motion was seconded by Commissioner Davis, and upon being put to a vote, the vote was as follows: Chairman Sandra L. Bowden Aye Vice Chairman Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Gary C. Wheeler Aye Commissioner Peter D. O'Bryan Aye The Chairman thereupon declared the resolution duly passed and adopted this 12th day of August, 2008. INDIAN RIVER COUNTY�,'FLORIDA'' Attest:: J. K. Barton, Clerk by its Board of Coan/t�y".Commissioners BY f % n tiLJ'o Deputy Clerk Approved as to form and Lega sufficiency / //JJJJ William G. ollins II f County Attorney 3 i�'CGzt� 7CA n ra L.Bdw,den; Chairmaq.'.:;`;' proved: August 12, 2008 s'