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