SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from Ivan Portal and Annia Gutierrez, or their Successors in Interest, for the SW/NW 80th/70th Avenue Road Construction Project, Within the Purchase Price and Other Parameters Described Herein (Budget Impact - Neutral; expenditure of $38,274.75)
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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 Ivan Portal and Annia Gutierrez is necessary to complete the project as designed. Mr. Portal and Ms. Gutierrez own a parcel directly east of NW 80th Avenue. The approved roadway alignment necessitates the proposed acquisitions, which include a 0.007-acre “corner clip” taking of the northwest corner of the property, in order to construct the connection of NW 80th Avenue and NW 10th Street, and a 0.019-acre temporary construction easement to facilitate the contractor’s activities on NW 80th Avenue. 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”). The proposed Stipulated OT provides for the acquisition of the necessary property interests to allow construction to proceed. 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 owner for all interests for $18,000.00, including any claims for severance damages or consequential damages. In addition to that, the County will be required to pay the owner’s stipulated attorney fees of $15,906.00 and costs of $4,368.75, for a total cost to the County of $38,274.75. Payment of these amounts is subject to the Court’s execution of a proposed Stipulated Order of Taking and Final Judgment.
This will provide for the acquisition of what has been described in the eminent domain proceedings as Parcel 22 for the fee simple right-of-way and a temporary construction easement. Descriptions of the acquisition parcel is attached to the proposed Stipulated Order of Taking and Final Judgment.
BUDGET/IMPACT:
Expenditure of $38,274.75, payable from account #STC073804 CIP TRANSP NEWINF 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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