SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from Kimberly R. Eberhart and Terry A. Eberhart, 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 $225,000)
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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 CR 225A to NW 44th Avenue). Acquisition of certain real property interests from Kimberly R. Eberhart and Terry A. Eberhart is necessary to complete the project as designed. The approved roadway alignment necessitates the acquisition of a temporary construction easement and a fee-simple acquisition of land for right-of-way purposes from Parcel 1304-056-011, which is owned by the Eberharts.
Following the filing of the Petition in Eminent Domain, the parties participated in mediation in early September 2026, as a result, entered into a Mediated Settlement Agreement, the terms of which are to be presented to the Court for approval through a Stipulated Final Judgment. Under the terms of the settlement, the County will acquire the entirety of the Eberhart parcel rather than the easement and right-of-way interests originally sought.
The settlement fully resolves all claims arising from the acquisition, including compensation for the property, improvements, severance damages, attorneys’ fees, expert fees, and costs. Acquisition of the entire parcel eliminates the risk and uncertainty associated with severance damages from the originally proposed partial takings, simplifies title, avoids further valuation disputes and litigation, and provides the County with complete control of the project area. Accordingly, the settlement provides a reasonable and cost-effective resolution of the County’s acquisition needs while avoiding the expense and delay of continued litigation. It also provides the County title to the remainder property that can be sold to recover some of the County’s acquisition costs.
Staff respectfully requests Board approval of the Mediated Settlement Agreement and 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 acquisition. Approval of these settlement terms will facilitate the timely completion of the roadway project.
Compensation and Expenses: Per the Mediated Settlement Agreement, the County will make a payment of $225,000 to the property owners, and this payment will settle the constitutional measure of “full compensation” to the Eberharts for the property interests acquired, the property owners’ attorney’s fees and experts’ fees, and any contemplated severance damages. Payment of this amount is subject to the Court’s execution of a proposed Stipulated Final Judgment.
BUDGET/IMPACT:
Neutral; expenditure of $225,000 (partial deposits were previously provided when entering the mediation), payable from account #STC073811- CIP TRANSP- NEWINF ROW-VJ738541-561301.
RECOMMENDED ACTION:
Recommended action
Motion to approve the Mediated Settlement Agreement and 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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