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Harbourt Parcel Memorandum March 7, 2011 Page 2 In order to accommodate the planned improvements to 66th Avenue, the County needs to acquire approximately 3.08 acres from the Harbourts. While none of the buildings lie within the area of take, the proposed right-of-way line falls approximately 45 feet from the home. The current right-of-way line lies approximately 150 feet from the house. A copy of the sketch of the parent parcel, the part taken, and remainder is attached to this memorandum. The take amounts to be about 33% of the Harbourts' property. The required "Notice to Owner" information and the Unconditional Offer have been received by the property owners. II. Background. On January 20, 2009, the Board approved an unconditional offer of $314,870 for the 3.08 acre parcel which is 15%- above the appraised value of $273,000. Due to the size and shape of the parent parcel, staff did not recommend purchase of the entire parcel. On May 12, 2009, the Board approved a Resolution of Necessity concerning the Harbourt Parcel. The County filed suit against Mr. and Mrs. Harbourt in August 2010. They are represented by Brent Simon and David Holloway of the firm of Simon Holloway. The parties have stipulated to the Order of Take and the County now owns the needed right-of-way having deposited the good faith offer into the registry of the court. In anticipation of trial, the County retained the services of Glenn Spivey, MAI, to appraise the property and serve as the County's expert witness for trial. Mr. Spivey is an experienced expert appraisal witness who testifies on behalf of private landowners and condemning authorities alike. An updated appraisal dated January 4, 2011, established the value of property to be taken to be $320,000: Mr. Spivey's appraisal valued the property taken as follows: • Value of land: $100,100 • Improvements: $25,900 • Net cost to cure: $194,400 In contrast, the appraiser hired by the Harbourts, Donald Trask, valued the property taken at $674,100 accordingly: • Value of land: $200,100 • Improvements: $11,300 • Net cost to cure: $463,700 The major difference between the two values was. the value of land and the net cost to cure. Both appraisers assigned significant severance damages and land damages in calculating the cost to cure. Land damages are found when the value of the remainder parcel is devaluated due to the take. Due to the dimensions of this property being long and thin, (1,290' x 315') the remaining parcel (1,290' x 210') will have a lesser land value after the take. III. Risk Assessment. If the case proceeds to trial (approximately a four day jury trial), the County is obligated by statute to pay all reasonable attorneys' fees and expert witness fees 147