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HomeMy WebLinkAbout2007-027RESOLUTION 2007- 027 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING FORTH POLICIES FOR ACQUISITION OF RIGHT-OF-WAY FOR ROAD EXPANSION AND IMPROVEMENT PROJECTS. 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 for the road project. 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 RESOLUTION 2007- 027 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 the 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. • Negotiations will remain open for 120 days after the notification to complete a voluntary purchase. • Following the expiration of the 120 day period or termination of negotiations, which ever occurs first, 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, an appraisal would be ordered for the affected property in order to comply with statutory requirement. • Following the completion of the appraisal and approval of the resolution of necessity, a good faith offer would be made to the property owners. • If the offer supported by the appraisal is not accepted, suit would be filed for a quick take. • All subdivisions are required to donate the minimum local road right-of- way. • The County would purchase ultimate right-of-way on collector roads and thoroughfares. • The purchase price for any property in excess of the minimum right-of-way would be based on recent comparable sales for vacant land. 5. This is a resolution of general policy which is not binding. Deviations from this policy can be made as needed to fit the circumstances of unique acquisitions. RESOLUTION 2007- 027 This resolution was moved for adoption by Commissioner Davi s and the motion was seconded by Commissioner F1 escher upon being put to a vote, the vote was as follows: Chairman Gary C. Wheeler Aye Vice Chairman Sandra L. Bowden Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye Commissioner Peter D. O'Bryan Aye , and The Chairman thereupon declared the resolution duly passed and adopted this 13th day of March, 2007. Attest: J. K. Barton, Clerk INDIAN RIVER -COUNTY, FLORIDA by its Board of 'County Commissioners By kte -ate By Deputy Clerk Approved as to form and Legal Sufficiency illiam K. DeBraal Assistant County Attorney G GcJl�-� C. Wheeler, Chairman BCC.Approved: March 13, 2007