SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from William Andrew Carrigan, Jr. and Jeanne Marie Reynolds Carrigan, 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 $626,247.00)
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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 Hwy 225A to NW 44th Avenue). Acquisition of certain real property interests from William Andrew Carrigan, Jr. and Jeanna Marie Reynolds Carrigan is necessary to complete the project as designed. The approved roadway alignment necessitates the acquisition of Project Parcels 16 and 17, which are takings from Marion County Parcels 13551-004-01 and 13552-000-00. The property interests being acquired include Fee Simple and Temporary Construction Easements.
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 through a Stipulated Order of Taking and Final Judgment (“Stipulated OT”). This settlement is advantageous to the County because it fully resolves all claims arising from the acquisitions, including compensation for land value, improvements, site modifications, severance damages, attorneys’ fees, expert fees, and costs, thereby avoiding the expense, delay, and uncertainty associated with continued eminent domain litigation and valuation disputes.
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. 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 owners for all interests for $488,600.00. In addition to that, the County will be required to pay the owner’s statutory attorney fees of $95,875.00 and costs of $41,772.00, for a total cost to the County of $626,247.00. 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 $626,247.00, payable from account #STC073811- CIP TRANSP- NEWINF ROW-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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