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RIGHT-OF-WAY ACQUISITION - 26TH STREET WEST OF 66TH AVE. - FRANK BATES GROVE, INC. The Board reviewed the following memo dated 12/16/93: TO: James E. Chandler, County Administrator FROM: James W. Davis, P.E.,.. Public Works Director SUBJECT: 26th Street Right -of -W Acquisition West of 66th Avenue - Frank Bates Grove, Inc. REF. LETTER: William W. Caldwell to James E. Chandler'dated Dec 7, 1993 DATE: December 16, 1993 FILE: RAM.Am DESCRIPTION AND CONDITIONS Since 1990, the Public Works Department has been acquiring 30' of additional right-of-way along the north side of Walker Ave. (26th Street) west of 66th Avenue. Five of seven parcels have been acquired (see attached list). Frank Bates Groves, Inc., the property owners of two remaining parcels, has indicated through their attorney, B.T. Cooksey, that they do not wish to sell the additional right-of-way. The property is, being used as active grove, and there is no interest in being assessed for paving the road. William Caldwell, a property owner along the road, is requesting the County proceed to acquire the two remaining parcels by eminent domain proceedings. On Jan. 21, 1992, the Board authorized right-of-way acquisition by "whatever legal means is necessary". Since that time, five of the parcels have been acquired. ALTERNATIVES AND ANALYSIS The 26th Street paving and drainage project is being funded by the Special Assessment Program for collector road whereby the county pays 50% of the project cost, and the remaining 50% is assessed to benefitted property owners. If the remaining two parcels are acquired through Eminent Domain proceedings, legal fees, expert witness fees, updated appraisal fees, and related costs could cost many thousands of -dollars. In two recent Boulevard condemnation cases the Judge awarded the defendants attorney fees, experts, etc. a total of approximately $98,000 and $95,000. These figures do not include the County's cost for. appraisals and experts. Unless these project costs are funded by the County, the resulting assessments may be quite high. If the remaining property owners feel that their assessments are too high, they may object to the paving project during the required public hearing. The alternatives presented are as follows: Alternative No. 1 Proceed to take the property by Eminent Domain proceedings. Propose assessing 50% of the cost to the benefitted property owners, and include these costs in the preliminary assessment roll to be considered at the public hearing. The Board could include these costs or delete the costs based upon comments received during the public hearing. Alternative No. 2 Do not acquire the remaining two parcels. RECOMMENDATIONS AND FUNDING Staff recommends Alternative No. 1 whereby Eminent Domain proceedings are authorized. Staff will bring all major cost items to the Board as Eminent Domain progresses. 25 DEC 2 11993 BOOK 91 F,� GF335 I