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RIGHT-OF-WAY ACQUISITION - LOT 16, WEST LAKE ESTATES FRONTING <br />74TH AVENUE - PATRICK & LINDA LUTHER <br />The Board reviewed the following memo dated 7/11/90: <br />TO: James E. Chandler, <br />County Administrator <br />FROM: James W. Davis, P.R. <br />Public Works Director <br />SUBJECT: Right -of -Way Acquisition - <br />Lot 16, Westlake Estates fronting 74th Avenue - <br />Pat & Linda Luther, Owners <br />DATE: July 11, 1990 <br />DESCRIPTION AND CONDITIONS <br />During the June 5, 1990 regular Board of County <br />Commissioners meeting, the Board approved the purchase of <br />Lot 16, Westlake Estates Subdivision for $25,000. Staff's <br />recommendation at that time was to compensate the owner in <br />the amount of $25,000 for the lot and to pay "closing costs" <br />such as recording fees, documentary stamps, etc. Mr. Tom <br />Schlitt, a relative of Mr. Luther and a local realtor, did <br />communicate with the staff on this matter for Mr. Luther, <br />however, it was not staff's recommendation that a 10% real <br />estate commission be paid by the County since, in our <br />understanding, this transaction was not a typical buyer/ <br />seller transaction whereby a realtor had a listing on <br />property and was advertising the property for sale. <br />During the June 5, 1990 Board meeting, a motion was made to <br />"approve staff's recommendation." At the meeting, Mr. <br />Luther questioned the Board's motion regarding closing costs <br />and Mr. Luther stated that the closing costs were to be <br />"11%1', which were to include a 10% real estate commission to <br />Mr. Schlitt. Staff did not recommend payment of a 10% <br />realtor's fee, however, the Board did include the fee in <br />their motion. At this time, staff would like to clarify that <br />a 10% real estate commission is to be paid by the County. <br />ALTERNATIVES AND ANALYSIS <br />For typical right-of-way purchases, real estate commissions <br />are usually not paid by the County. In our discussions with <br />Mr. Luther and Mr. Schlitt, a real estate commission was not <br />discussed. The alternatives include: <br />Alternative # 1 <br />The County pay a 10% real estate commission to Mr. <br />Luther's representative, Mr. Schlitt. <br />Alternative # 2 <br />The County not pay a 10% real estate commission. <br />RECOMMENDATIONS AND FUNDING <br />Alternative # 2 is recommended. <br />W, x <br />48 j <br />