SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from Adam Paul Lusk and Lynn Ann Lusk, as Trustees of the Adam Paul Lusk and Lynn Ann Lusk Joint Revocable Trust, or their Successors in Interest, for the NW 49th Street Phase 3 Road Construction Project, within the Purchase Price and Other Parameters Described Herein (Budget Impact - Neutral; expenditure of $2,488,131.25)
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INITIATOR: |
DEPARTMENT: |
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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 NW Highway 225 A to NW 44th Avenue). Acquisition of certain real property interests owned by Adam Paul Lusk and Lynn Ann Lusk, as Trustees of the Adam Paul Lusk and Lynn Ann Lusk Joint Revocable Trust, is necessary to complete the project as designed. Mr. and Mrs. Lusk own a parcel directly east of NW Highway 225A. The approved roadway alignment traverses the parcel and necessitates the proposed acquisitions, which include 3.881 acres of right-of-way taking, 4.461 acres of drainage right-of-way taking, and 0.115 acres of a permanent drainage easement.
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”). Of important note, the parties agreed that rather than take the initial proposed acreage from the parcel, which was roughly 72% of the parcel, the County will instead purchase the entirety of the parcel, which is 11.81 acres in size. This agreement is advantageous to the County in that it avoids the substantial risk of severance damages associated with the originally proposed partial takings, which would have left a materially impaired remainder parcel with limited economic utility. Acquisition of the entire parcel simplifies title, eliminates the need for valuation and litigation of remainder damages, provides the County with complete control over the project area, and facilitates more efficient construction and long-term use of the property. The settlement therefore reflects a reasonable and cost-effective resolution of the County’s acquisition needs.
Staff respectfully request 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. 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 $2,187,900.00, 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 fees of $257,000.00 and costs of $43,231.25, for a total cost to the County of $2,488,131.25. Payment of these amounts is subject to the Court’s execution of a proposed Stipulated Order of Taking and Final Judgment.
BUDGET/IMPACT:
Neutral; expenditure of $2,488,131.25, payable from account #STC073811-CIP TRANSP- NEWINF ROW-738- VJ38541-561301
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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