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On January 7th, 2020 the Board approved the 58th Avenue Corridor Study/S.C.A.L.E. Report. The acronym S.C.A.L.E., (Safety, Cost, Alternate Alignments, Long Range Planning, and Environmental Considerations) is used to identify the five factors necessary for the most feasible alignment of a roadway. This report is necessary for eminent domain proceedings to show that these aspects have been considered, along with negotiations with the property owner that the County has acted in good faith to acquire the necessary property for right-of-way prior to starting the eminent domain process. On January 7th, 2020 the Board also approved an unconditional offer for right-of-way located at 4740 58' Avenue that is owned by Paulette Brown. Staff started negotiations with Ms. Brown back in October of 2018. However, staff was never able to negotiate an acceptable settlement with Ms. Brown and her attorney so we had no choice but to move forward with the first step in the eminent domain process. This is an example of the use of eminent domain when a fair and reasonable agreement can't be reached with the property owner. Staff plans to continue to consider eminent domain in cases where the County is unable to recommend an amicable purchase arrangement. Past direction from the Board has been to negotiate with the property owner and their attorney to come to a fair settlement that will save the taxpayers money and provide the property owner with some comfort that the County did the best we could to ease the emotional impact on the property owner during the right-of-way acquisition process. County staff believes that we have been following past Board direction with regards to right-of-way acquisition. It is important to consider that right-of-way costs make up a significant portion of the costs to construct capacity increasing projects like road widening. The last impact fee study, completed in 2014, right-of- way costs were 25.7% of the total cost of improvements. As a result, increases in right-of-way costs result in higher impact fee calculations. Whether funded by impact fees, gas taxes, or the Optional Sales Tax, higher right-of-way costs reduce the amount of road construction that can be funded with available resources. FUNDING No funding is needed for this report. RECOMMENDATION Staff recommends that the Board direct staff to continue with the current method of right-of-way acquisition, which includes the use of eminent domain proceedings if an agreement to a purchase right- of-way at a fair price is not obtainable. ATTACHMENTS 66th Avenue (South of 415t St. — 57th St.) ROW Purchases 66th Avenue (49th Street — 85th Street) ROW Purchases APPROVED AGENDA ITEM FOR: JANUARY 14, 2020 51