SUBJECT:
Title
WALK ON: Request Approval of Property Acquisition Agreement, in lieu of Condemnation, Associated with the NW 49th St Phase 3A Road Project, Parcel ID #13550-000-00 (Budget Impact - Neutral)
Body
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
This is a request for the Board to review and approve a purchase agreement between Marion County and sellers Richard D. Flint and Stephanie J. Cox-Flint for an improved one-acre parcel, for the above-referenced road project. The property is improved with a single-family residence and an accessory building where Mr. Flint has for years carried on a business of crafting custom-made bridles and other leather goods for the equine market. The original approach was a partial acquisition of the property, but it has been determined that the severance damages justifies acquisition of the entire one-acre property, as there may be significant issues related to re-establishment of utilities to the remainder parcel.
The property owner engaged the services of eminent domain attorney Charles Forman, who in turn engaged the services of a real estate appraiser, a civil engineer to evaluate the damages to the remainder of a partial taking, and a business valuation expert to determine the value of damages to the business. This settlement is the culmination of negotiations and evaluations that have gone on for more than two years. The ultimate price includes the real property value, the value of damages to the business, re-location costs and the fees of attorney Forman, and his three consultants.
The settlement will avoid the expense of additional work by the County’s appraiser, and the necessity of the County engaging the services of expert witnesses to counter the positions taken by Mr. Forman’s consultants. As a result of the acquisition, the County may eventually be able to provide utilities to the single-family residence and use if for affordable housing, or alternatively, may have use for the remaining lot. Further, Mr. Flint is conveying his machinery and equipment from his business to the County.
BUDGET/IMPACT:
Transportation Capital Projects Fund, STC073813-VJ738541-561301- $636,375.50, less value of acquired property and assets.
RECOMMENDED ACTION:
Recommended action
Motion to approve the Property Agreement, in lieu of Condemnation, associated with the NW 49th St Phase 3A Road Project, Parcel ID #13550-000-00.
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