SUBJECT:
Title
Request Board Authorization for County Attorney and County Engineer to Proceed with the Acquisition of Certain Property Interests from James Robert Cunningham and Brenda L. Cunningham, 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 $125,955)
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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 James Robert Cunningham and Brenda L. Cunningham is necessary to complete the project as designed. The approved roadway alignment necessitates the acquisition of fee-simple land for right-of-way purposes from Parcel 1304-056-001, which is owned by the Cunninghams.
Following the filing of the Petition in Eminent Domain, the parties participated in mediation in early September 2026, and 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. The settlement fully resolves all claims arising from the acquisition, including compensation for the property, improvements, severance damages, attorneys’ fees, expert fees, and costs. The settlement provides a reasonable and cost-effective resolution of the County’s acquisition needs while avoiding the expense and delay of continued litigation.
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 payment of $125,955 to the property owners, and this payment will settle the constitutional measure of “full compensation” to the Cunninghams 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 $125,955 (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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