SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from LSGS Holdings, LLC, or Their Successors in Interest, for the SW/NW 80th/70th Avenue Road Construction Project, for the Purchase Price and Other Parameters Described Herein
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
Marion County is currently constructing the SW/NW 80th/70th Avenue Road Construction Project. Acquisition of certain real property interests owned by LSGS Holdings, LLC is necessary to complete the project as designed for the project phase between SR 40 and US 27. The approved roadway alignment necessitates the proposed acquisition of fee simple property to be utilized for drainage retention areas, and acquisition of temporary construction easement, permanent drainage easement, and perpetual slope easement interests from Parcels 21625-000-19, 21625-000-20, 21625-000-21, and 21625-000-22, all owned by LSGS Holdings, LLC and situated on the east side of NW 80th Avenue.
Following extensive negotiations and the filing of a Petition in Eminent Domain, the parties have reached an agreement on the essential terms of a negotiated settlement, which is being presented for the Court’s approval via a Stipulated Final Judgment. The County has already taken title to the property via a Stipulated Order of Taking that was entered on May 6, 2026, and so this Final Judgment provides for final payment of the constitutional measure of “full compensation” to the property owner for all interests for $625,000, including any claims for severance damages or consequential damages. In addition to that, the County will be required to pay the owner’s statutory attorney’s fees of $98,703 and costs of $61,350, for a total cost to the County of $785,053. Payment of these amounts is subject to the Court’s execution of a proposed Stipulated Final Judgment.
Staff respectfully requests Board approval of the proposed Stipulated Final Judgment, based on the agreed-upon essential terms, and authorization for the County Attorney and County Engineer to finalize and execute the Joint Motion for Entry of the Stipulated Final Judgment and any related ancillary documents consistent with those terms that are necessary to complete the acquisitions. Approval of these settlement terms will facilitate the timely completion of the roadway project.
BUDGET/IMPACT:
Neutral; expenditure of $785,053 (a partial deposit was previously provided pursuant to the Court’s Order of Taking entered on May 6, 2026) payable from account #STC073812-CIP TRANSP-EXPANS ROW-738 (VJ738541-561301).
RECOMMENDED ACTION:
Recommended action
Motion to approve the proposed Stipulated Final Judgment to be finalized by the County Attorney and the County Engineer, incorporating the terms described above.
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