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Memorandum — Kurpil 66th Avenue Board of County Commissioners Page 13 Again, this seems excessive as 210 shrubs planted 36 inches on center would stretch for 630 feet. Again it seems as the planting is too close together to allow for any lateral growth. • The County purchased the five acre parcel adjacent and to the north of the Kurpils for use as a stormwater retention pond. The pond takes up roughly half of the five acre site leaving a few acres unused. The Kurpils claim they had a handshake agreement with the previous owners to graze their horses on what is now the remainder parcel. Staff was agreeable to lease the remainder parcel to the Kurpils with the condition that no equipment or structures other than fencing (approved in advance by the County) be permitted on the property. The lease term of the remainder pond parcel to the north was not assignable and originally set at 15 years with the County having the option to cancel the lease upon 90 days' notice. The Kurpils counter offered extending the lease term to 20 years and removed the clause concerning non-assignability. The Kurpils would have the lease terminated only if the County widens 66th Avenue to 6 lanes. The counter-offered lease removed a restriction of prohibiting structures or vehicles on the leased property and removed a statement that provided the lease was in consideration of further damages. STAFF RECOMMENDATION: After a year of negotiations, it is staff's opinion that any further discussion needs to have the Board's participation. At this point there are three options available to the parties: 1. Pay the Kurpils a lump sum of $10,000 to spend as they may choose for any or none of the improvements to their property, in full and final satisfaction of this matter. 2. Offer to perform the tasks spelled out in the County's offer to the Kurpils in the March 13. 2015 draft of the Amendment. 3. Fashion a combination of the two draft Amendments offered by each party and arrive at a final version agreeable to the Board and the Kurpils. Staff recommends the Board approve the first option and offer the Kurpils $10,000 in full and final compensation in this matter and authorize the Chairman to execute the settlement document on behalf of the Board. FUNDING: Funding for this acquisition is budgeted as part of the 66th Ave improvement project from SR 60 to 49th Street. Traffic Impact Fees/District II- Account # 10215241- 066120-06040 is the source of revenue. WKD c: Randy and Linda Kurpil 206