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JUL� <br />� <br />BOOK <br />68 ; KUF <br />10J, <br />RIGHT-OF-WAY ACQUISITION AT <br />8TH STREET AND 27TH AVENUE <br />- JOE <br />DANIELS RESIDENCE <br />The Board reviewed the following memo dated 7/1/87: <br />TO: The Honorable Members of the DATE: July 1, 1987 FILE: <br />Board of County Commissioners <br />THP0JGH: <br />Charles P. Balczun, <br />County Administrator <br />FROM: <br />James W. Davis, P.E c <br />Public Works Director <br />DESCRIPTION AND CONDITIONS <br />SUBJECT: 8th Street at 27th Avenue <br />Right -of -Way Acquisition - <br />Joe Daniels Residence <br />REFERENCES: <br />Edward K. Halsey,Attorney <br />to Don Finney dated 6-25-87 <br />An appraisal has been prepared to determine ne the Fair Market Value of the <br />south 4' of the Daniels property along 120' of 8th Street east of 27th <br />Avenue. The County Transportation Planning Comattee and Board -of County <br />Commissioner's authorized staff to proceed in implementing intersection <br />improvements to include road widening and signalization at 8th Street and <br />27th Avenue. Engineering and bidding of the project is complete. <br />The appraisal prepared indicated that $5,129 is fair compensation for the <br />4' of additional right-of-way and an aerial easement. This cost includes <br />the septic tank and drainfield, trees, and other improvements taken. <br />The attorney representing the owner has written the attached letter <br />indicating that Mr. and Mrs. Daniels would not consent to selling the <br />County the south 4' of their property and continue to live in the existing <br />residence. Their opinion is that the road would be too close to the house <br />to render the dwelling habitable. <br />ALTERNATIVES AND ANALYSIS <br />The alternatives proposed are: <br />Alternative # 1 <br />Since the Daniels do not wish to sell the south 4' of the subject property, <br />the County could proceed to acquire the additional right-of-way by <br />condemnation. The Daniels would probably take the position that the <br />proximity of the road would result in the residence being uninhabitable. <br />Alternative # 2 <br />Acquire the entire Daniels property for the requested $50,000 and attorney <br />fees. The County could construct the road and rent the dwelling or utilize <br />the right -of --way necessary and sell the property that is not needed. Since <br />the property has a depth of 145' , it is large enough for an average size <br />house. <br />It is recommended that the County purchase the entire Daniels residence for <br />$50,000 plus attorney's fee. Funding to be from Gas Tax and Impact Fee <br />revenue. <br />M 48 <br />