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Sexton 66th Avenue Counteroffer June 2, 2022 Page 12 have continued to negotiate a settlement with the County. In a meeting held May 13, 2022, the Sexton's counteroffered with $50,000.00 in full and final settlement of all claims for damages, fees and costs they may have against the County. They contend that the appraisal and the unconditional offer do not provide adequate compensation for the fence that lies within the area of take. The Sextons are not seeking any extended possession or driveway improvements. They will accept responsibility for replacement of the fence after it is taken down during the clearing of the right-of-way when construction begins on Phase II of the project, from 69th to 81St Streets. Recent offers to properties along 66th Avenue include the following: Ken Chestnut property acquisition at 6900 65th Street, Parcel 303: • appraisal report established fair market value at $29,500 • 0.38 acre take from a 10 -acre parcel • Board offered incentive amount of $47,000 and permitted second driveway (59.3% above appraised value) or $123,684iacre Johnny and Jackie Dent acquisition at 6855 69th Street, Parcel 313: appraisal report found fair market value to be $20,700 0.53 acre take from a 10 -acre parcel Board offered $40,000 for the right-of-way (93.2% above appraised value) or $75,472/acre and a driveway cut. It should be pointed out that both of the above settlements contained significant expert witness and attorney's fees. The proposed counteroffer by the Sextons is in line with the Board's preference that the benefit of the settlement should go to the aggrieved landowner rather than out of town experts and attorneys. After review of the file and discussion with staff, it is recommended that the Board approve the Sexton's counteroffer in the amount of $50,000. There are no expert witness fees, attorney's fees or costs associated with the settlement. Funding: Funding in the amount of $50,000 for the acquisition is budgeted and available from Traffic Impact Fees/District I/ROW/66th Ave/69th Street — 85th Street, Account # 10215141-066120-16009. Recommendation: Staff recommends the Board approve the counteroffer to purchase the necessary right-of-way from the Sextons at a price of $50,000 and authorize the County Attorney's Office or outside counsel to execute any documents needed to settle the lawsuit. Attachments: Aerial photo Sketch and Legal Description 314