SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from Doris E. Jackson and David L. Jackson, as Trustees of the Doris and David Jackson Revocable Trust Dated July 13, 2022, Or Their Successors in Interest, for the NW 49th Street Phase 3 Road Construction Project, For the Purchase Price and Other Parameters Described Herein (Budget Impact - Neutral; expenditure of $193,507.75)
Body
|
INITIATOR: |
DEPARTMENT: |
|
Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
Marion County is currently acquiring parcels for the construction of the NW 49th Street Phase 3 Road Construction Project (from CR225A to NW 44th Avenue). Acquisition of certain real property interests from Doris E. Jackson and David L. Jackson, as Trustees of the Doris and David Jackson Revocable Trust Dated July 13, 2022, is necessary to complete the project as designed. The approved roadway alignment necessitates the acquisition of fee-simple land for right-of-way purposes from Parcel 13695-000-00, which is owned by the Jacksons.
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 June 11, 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 $140,000.00, 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 $32,439.00 and costs of $21,068.75, for a total cost to the County of $193,507.75. 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 $193,507.75 (a partial deposit was previously provided pursuant to the Court’s Order of Taking entered on June 11, 2026) payable from account #STC073811-CIP TRANSP-NEWINF 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.
end