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BCC Memo January 9, 2020 I2 safety, cost, alternative routes, long range planning and environmental aspects of the project in relation to the proposed take. The Board considered all of those factors at the meeting of January 7, 2020 and approved the Corridor Study for 58th Avenue and proposed 58th Avenue alignment in front of the Brown property. A copy of the Corridor Study is available for review at the County Commission office and the Office of the Clerk to the Board. Ms. Brown is represented by David Holloway. The parties have agreed to a pre -suit mediation that will be held later this month. If the mediation is unsuccessful at reaching settlement, the County will file a lawsuit in eminent domain and proceed to obtain an Order of Take. If the Court grants the County's Motion for an Order of Take, the County will deposit its Unconditional Offer amount based on the appraisal into the Court Registry and take title to the right-of-way, and Ms. Brown may access the deposit in the Court Registry, less any taxes, liens or mortgages owed on the property. The parties will proceed with the discovery process and present the case to a twelve (12) person jury trial and the jury will determine the amount of compensation to be paid to Ms. Brown. The attached Resolution of Necessity provides for the following: • The Board finds it necessary to acquire the property using Eminent Domain • Authorizes the County Attorney or outside counsel to file a lawsuit against the owners of the needed property • Authorizes County employees and its agents to take action necessary to prosecute the lawsuit to Final Judgment FUNDING: Funds for this expenditure are budgeted and available from Traffic Impact Fees/District II/ROW/58th Ave- South of 49th Street — 53rd Street, Acct# 10215241-066120-15013. RECOMMENDATION: Staff recommends that the Board approve the Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain. Attachments: Proposed resolution Parcel sketches and legal description of property to be taken 65