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12. GLENN LEGWEN CONDEMNATION RE 58TH AVENUE RIGHT- <br />OF-WAY ACQUISITION <br />Assistant County Attorney Terrence P. O'Brien reviewed a Memorandum of April 23, <br />1998: <br />TO: Board of County Commissioners <br />FROM: Terrence P. O'Brien, Assistant County Attorney <br />DATE: April 23, 1998 <br />SUBJECT: GLEN LEGWIN CONDEMNATION <br />The County as part of its road construction project for 58th Avenue (King's <br />Highway) made several offers to Mr. Legwen for the purchase of a portion of his <br />property along 58th Avenue. The County was unable to negotiate a purchase <br />at the appraised value of the land to be taken. <br />Accordingly, the County filed a petition in eminent domain to condemn the <br />property needed for right of way. The County then proceeded with a quick take <br />and in accordance with the provision governing a quick take made a good faith <br />estimate of value based upon an appraisal by Armfield-Wagner. The value was <br />$30,160.00, exclusive of attorney's fees and costs, which was deposited with <br />the Court and withdrawn by Mr. Legwen. However, this is not the final <br />resolution of the matter. Mr. Legwen still has the opportunity to go to court <br />and have a jury decide the value. This will be an expensive process from the <br />County's standpoint as it must pay all attorney and expert fees. <br />The procedures governing eminent domain provide that the condemning <br />authority may make an offer of judgment to the land owner and if accepted that <br />would terminate the matter. The offer also serves as a benchmark in the award <br />of costs. <br />The staff recommends that the Board authorize an offer of judgment of 15% <br />greater than the MAI appraised value for a total offer of $34,684.00, exclusive <br />of attorney's fees and costs. <br />ON MOTION by Commissioner Macht, SECONDED BY <br />Commissioner Ginn, the Board unanimously (4-0, <br />Commissioner Eggert absent) authorized an offer of judgment <br />of 15% greater than the MAI appraised value, for a total offer of <br />$34,684, exclusive ofattorney's fees and costs, as recommended <br />in the Memorandum. <br />May 26, 1998 <br />75 <br />EO^K t r,j�c e 4 <br />