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Paul G. Bangel, County attorney *Board Certified, City, County and Local Government Law <br />William G. Collins II, Deputy CountyAttornev4 <br />Marian E. Fell, Assistant CountyAttorney MEMORANDUM <br />TO: The Board of County Commissioners <br />FROM: (< iVilliam G. Collins II — Deputy County Attorney <br />DATE: December 12, 2001 <br />SUBJECT: Resolution Authorizing Acquisition of Additional Portion of Legwen <br />Property <br />The Board of County Commissioners by Resolution No. 96-64 authorized the <br />acquisition of a portion of the Legwen property for Project No. 8823, the widening <br />of 58th Avenue. That original 56 foot strip of property along King's Highway was <br />acquired through eminent domain in September of 1997. <br />Since the original taking, the King's Highway widening project has been <br />redesigned at least twice. Current designs require an additional 40 -foot strip <br />along Legwen's King's Highway frontage and a 50 -foot strip along Legwen's <br />frontage on 5th Street, S.W. <br />In late September, 2001 the County made a good faith written offer to Mr. <br />Legwen in an attempt to negotiate purchase prior to filing eminent domain. No <br />response has been received to date. <br />In order to proceed with the project, the additional Legwen property must be <br />acquired. Attached is a Resolution declaring the acquisition of the additional <br />right-of-way to be a public purpose and public necessity, and authorizing the <br />acquisition of the property by donation, purchase or eminent domain. <br />RECOMMENDATION: <br />Adopt the attached Resolution declaring the acquisition of the additional Legwen <br />property to be a public purpose and public necessity, and authorizing its <br />acquisition by donation, purchase or eminent domain. <br />DECEMBER 18, 2001 <br />-102- <br />a.- <br />