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2019-133
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2019-133
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Last modified
9/11/2020 1:48:25 PM
Creation date
9/9/2019 1:49:50 PM
Metadata
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Official Documents
Official Document Type
Agreement
Approved Date
08/13/2019
Control Number
2019-133
Agenda Item Number
13.C.
Entity Name
Harris Groves
Subject
Right-of-Way Parcel 102 for 66th Avenue widening and improvement Pre-suit mediation settlement
Warranty Deed
Area
61st Street and 66th Avenue
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Harris Groves Parcel 102 memo to BCC <br />August 7, 2019 <br />Page 14 <br />The County's initial appraisal of the Parcel was performed by Armfield & Wagner and they <br />assigned a value of $85,100 for the 3.75 acres of right-of-way. The appraiser retained by <br />Harris Groves valued the Parcel at $646,000 for a partial take. <br />After further discussion, the parties reached an agreement under the following terms: <br />1. Harris Groves would convey the 3.75 acre right-of-way parcel (Parcel 102) to the <br />County for the sum of $218,500. The breakdown of the purchase price would be <br />as follows: $35,250/acre x 3.75 acres = $132,190 + $59,500 severance damages <br />(5% of the remainder 34 acres) + $27,000 to remove and replace the 1,298 feet of <br />fence and regrade the dirt road along the entire length of the inside of the fence <br />for a total of $218,500 (figures were rounded for ease of settlement). <br />2. The planned left turn median cut will be located so that the centerline of the median <br />cut will correspond with the southern boundary of the Harris Groves property. <br />3. The County (or its contractor) will construct a 14' wide driveway at 66"' Avenue <br />expanding to 36' at the southern -most border of the remainder of Parcel 102. <br />4. The County has no objection to Harris Groves installing a code compliant culvert <br />for access to the remainder property from 61St Street, subject to approval of all <br />other jurisdictions. <br />5. Within 30 days after closing, the County shall stake the new right-of-way line and <br />the location of the 61 st Street driveway. <br />6. The County shall pay the sum of $44,022 in attorney's fees and $24,230 in costs <br />to Harris Groves. <br />These construction conditions were approved by the Public Works Director <br />By purchasing the property in advance of filing a lawsuit, staff is attempting to save on <br />expert witness fees that would have been incurred by both parties. Pursuant to eminent <br />domain statutes, the County is responsible for paying reasonable expert witness fees <br />incurred by both parties. As noted in the past, expert witness fees for both parties often <br />exceed $100,000 by the time the suit is filed, depositions of the experts are taken and <br />mediation is held. The County has achieved significant savings in this case by not having <br />to hire our trial witnesses (appraiser, engineer and land planner), outside counsel and <br />compromises on attorney's fees and expert costs. <br />At the conclusion of the mediation conference, the parties entered into a Pre -Suit <br />Mediation Settlement Agreement which is found below as Exhibit "C". <br />FUNDING: Funding for this acquisition is budgeted and available from Traffic Impact <br />Fees/District II/ROW/66th Ave/49th Street -65th Street- Acct #10215241-066120-07806. <br />STAFF RECOMMENDATION: Staff recommends the Board approve the mediation <br />agreement to purchase the 3.75 acre Harris Groves property for $218,500 with the stated <br />
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