SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from Wayne Wan Cini and Paulina S. Acevedo-Cini, or their Successors in Interest, for the SW/NW 80th/70th Avenue Road Construction Project, for the Purchase Price and Other Parameters Described Herein (Budget Impact - Neutral; expenditure of $863,150)
Body
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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 Wayne Wan Cini and Paulina S. Acevedo-Cini is necessary to complete the project as designed. The Cinis own Parcel 2109-004-000, which is situated on the west side of NW 80th Avenue. The approved roadway alignment necessitates the proposed acquisition of the entirety of the Cini’s’ 1.08-acre parcel in fee simple interest.
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, which will give the County title to the property and provide for final payment of the constitutional measure of “full compensation” to the property owner for all interests for $840,000, 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 $18,150 and costs of $5,000, for a total cost to the County of $863,150. Payment of these amounts is subject to the Court’s execution of a proposed Stipulated Order of Taking and Final Judgment.
Staff respectfully requests Board approval of the proposed Stipulated Order of Taking and 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 $863,150 payable from account #STC073812-CIP TRANSP-EXPANS 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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