SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from 42nd Street Flyover, LLC, or its Successor in Interest, for the SW 40th and SW 49th Avenue Road Construction Project, within 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 40th and SW 49th Avenue Roadway Project pursuant to a design-build contract with Art Walker Construction, Inc. Acquisition of certain real property interests owned by 42nd Street Flyover, LLC is necessary to complete the project as designed. 42nd Street Flyover, LLC, owns two parcels southeast of the Heathbrook development, totaling approximately 283.55 acres in size. The approved roadway alignment traverses both parent parcels, necessitating the proposed acquisitions, which include 5.64 acres of drainage retention areas, 0.21 acres of drainage easements, 11.02 acres of Fee Simple right-of-way, and 5.17 acres of temporary construction easements, for a total of 21.851 total acres of property being acquired. 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 Order of Taking and Final Judgment (“Stipulated OT”). The proposed Stipulated OT provides for the acquisition of the necessary property interests to allow construction to proceed. Staff respectfully requests Board approval of the proposed Stipulated OT, 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 OT and any related ancillary documents consistent with those terms that are necessary to complete the acquisitions. Construction activities in this phase of the project have been delayed pending the acquisition of the required property interests. Approval of these settlement terms will facilitate the timely completion of the roadway project.
Compensation and Expenses: The most important part of the settlement provides for payment of the constitutional measure of “full compensation” to the property owner for all interests for $2,293,655, 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 fees of $309,471, for a total cost to the County of $2,603,126. Payment of these amounts is subject to the Court’s execution of a proposed Stipulated Order of Taking and Final Judgment.
This will provide for the acquisition of what has been described in the eminent domain proceedings as Parcels 61 and 71 for Fee Simple Right-of-Way; Parcels 57 and 70 for Drainage Retention Areas; Parcels 62 and 63, for Perpetual Drainage Easements, and Parcels 58, 59, 72A, 72, and 73, for Temporary Construction Easements. Descriptions of the acquisition parcels are attached to the proposed Stipulated Order of Taking and Final Judgment.
To note, the original Petition in Eminent Domain also applied for takings referred to as Parcels 60, 64, 65, 66, 67, 68, 69, 74, 75, and 76, but those will be voided by the proposed agreement.
BUDGET/IMPACT:
Neutral - Expenditure of 2,603,126, payable from account #STC073804 CIP TRANSP NEWINF ROW 738 VJ738541 561301
RECOMMENDED ACTION:
Recommended action
Motion to approve the proposed Stipulated Order of Taking and Final Judgment to be finalized by the County Attorney and the County Engineer, incorporating the terms described above.
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