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06/02/2009 (2)
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06/02/2009 (2)
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Last modified
1/14/2020 12:12:16 PM
Creation date
10/1/2015 6:21:54 PM
Metadata
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Minutes
Meeting Date
06/02/2009
Meeting Body
Board of County Commissioners
Archived Roll/Disk#
4028
Book and Page
137, 462-510
Supplemental fields
SmeadsoftID
7342
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Commissioner O'Bryan was opposed to this acquisition. He believed that the original <br />agreement with Attorney Raymer Maguire of Fixel, Maguire & Willis, was that he would bring <br />willing sellers to the County, who would gladly pay the appraised value for the land; however, it <br />seems like the Attorney has figured out a way to start adding things to the overall purchase price <br />to get it above the appraised value for the actual land. <br />At his request, Commissioner O'Bryan's assistant displayed slides of several items which <br />were included in the appraisal at what he considered inflated values, under Cost to Cure. These <br />items included the following: (1) an $800 light post; (2) a $1,250 decorative light post; (3) a <br />landscape berm valued at $16,250; (4) $33,100 for landscaping and flagpole; and (5) a platted <br />one -acre parcel on the corner of a busy intersection, appraised at $100,000. Commissioner <br />O'Bryan also took exception to the addition of driveways and turn lanes, and additional <br />engineering fees of $12,000. <br />MOTION WAS MADE by Commissioner O'Bryan, <br />SEECONDED by Commissioner Wheeler, to deny the <br />purchase with Michael and Taffi Abt, at the terms and <br />prices outlined in the contract. <br />Attorney DeBraal addressed Commissioner O'Bryan's remarks, providing further details <br />on some of the costs which had been deemed questionable. <br />Assistant County Administrator Michael Zito described the methodology used by <br />appraisers, known as Cost to Cure, which is typically used by condemning authorities in lieu of, <br />or as an alternative to, severance damages, which are measured by the impact on the remainder <br />property, the part which the condemning authority has not taken. He noted that in this case, the <br />appraisal says that there are no severance damages, because the remainder property has the same <br />utility and land use. <br />Attorney Collins stated that the appraiser's conclusion that there were no severance <br />damages may be in error. He said that severance damages, which he believed were appropriate <br />22 <br />June 2, 2009 <br />
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