REGULAR AGENDA ITEM May 25, 2016 Commission Meeting

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1 Kent Goldthorpe, President Paul Woods, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner May 13, 2016 TO: FROM; Subject: ACHD Board of Commissioners Bruce S. Wong, Director Dave Serdar, Right of Way Supervisor Authorization and Order of Condemnation ACHD Fairview Avenue & Cole Road Intersection Project Property Owner/Address: Maverik, Inc. 880 W. Center St. N. Salt Lake, UT REGULAR AGENDA ITEM May 25, 2016 Commission Meeting EXECUTIVE SUMMARY This action is for right-of-way needed for the Fairview Ave. and Cole Rd. Intersection project and is necessary to complete the project. This project will widen the intersection to 8 lanes on Fairview Ave. and 7 lanes on Cole Rd., including curb, gutter, sidewalk, and bike lanes. ACHD Project No: Fairview Ave. & Cole Rd. Intersection ( Project ) ACHD Parcel No: 22 Ada County Assessor: Property Address: Property Owner: S N. Cole Rd. Boise, ID Maverik, Inc. 880 W. Center St. N. Salt Lake, UT Ada County Highway District 3775 Adams Street Garden City, ID PH FX

2 FACTS & FINDINGS The Fairview Avenue & Cole Road Intersection project is a public necessity and will help relieve traffic congestion and improve safety for bicyclists, motorists, and pedestrians. The Project was first included in ACHD s Capital Improvements Plan in 2002, and the need was reaffirmed in each subsequent update. The Project was first identified as a need in ACHD s Five Year Work Plan. 1. Property Location: The property is located on the west side of N. Cole Road, between W. Fairview Avenue and Colehaven Avenue, in Boise, Idaho. The site contains.291 acres prior to the acquisition by ACHD. The property is currently zoned General Commercial (C-2D, City of Boise). The highest and best use is commercial. (See aerial map (Attachments 2 & 3) and legal descriptions attached hereto as Exhibit A, Exhibit B, Exhibit C and Exhibit D to the Order of Condemnation). 2. Property Acquisition: The property necessary for the project is 1,429 square feet (.033 acres) of Right-of-Way; 177 square feet (.004 acres) of Permanent Easement; and 600 square feet (.014 acres) of Temporary Easement. The taking of the Property is a public use authorized by law. (See the Order of Condemnation (Attachment 1), Exhibits A, B, C and D attached hereto) ( Property ). 3. Project Schedule: Construction is scheduled to begin on the Project in Good Faith Negotiations: ACHD has attempted to negotiate, in good faith, to purchase from the property owner, Maverik, Inc., the necessary and required Property without success. The property owner has been offered the appraised fair market value for the lands, easements, improvements and just compensation for damages, if any. 2 P age May 21, 2015 A formal offer was sent to the property owner, by certified mail, which included a Summary of Rights of the property owner in accordance with Section 7-711A of the Idaho Code. August 26, 2015 Right-of-Way contacted Keith Holloway who stated he has sold the property to Maverik, Inc. with a scheduled closing of 9/14/15. September 11, 2015 A formal offer was sent to Don Lilyquist of Maverik, Inc. via certified mail and . February 2, 2016 Received notification from Todd Meyers, Maverik, Inc. representative, that Don Lilyquist is no longer with the company and requested the offer sent to him; subsequently received from Todd Meyers that the offer was forwarded to Tom Schofield in their legal department March 2, 2016 Offer sent to Tom Schofield via certified mail per request March 28, 2016 April 5, 2016 Requested update via from Tom Schofield April 5, 2016 Received revised documents from Tom Schofield with redlines and additional/revised wording; forwarded to ACHD s legal department. The amount of compensation does not appear to be in dispute. ACHD legal staff in contact with property owner s lawyer. April 27, 2016 Sent updated title report to ACHD legal staff

3 May 13, 2016 Sent final offer/10 day letter via certified and first class mail to maintain project schedule. Negotiations for the purchase of this parcel have reached an impasse. The only way to build the project as scheduled is to proceed with condemnation. In an effort to meet the project schedule for acquiring property necessary for the Project, Staff is presenting for your review and consideration a proposed Order of Condemnation for Property. FISCAL IMPACTS The Project is funded for construction in FY17. POLICY IMPACTS The Project was first approved by the Ada County Highway District Board of Commissioners in the FY Legacy Five Year Work Plan, and most recently in the FY , adopted 28 October, ALTERNATIVES 1. Approve the Order of Condemnation and authorize its execution by the Board of all Commissioners. 2. Do not approve the Order of Condemnation. RECOMMENDATION 1. Authorize Staff to initiate an action in the Fourth Judicial District to condemn the Property necessary for the public right-of-way for the Project. 2. In accordance with the provisions of Section et. seq. and Section of the Idaho Code, the Board of Commissioners declare that the lands sought to be condemned are necessary for a public highway, sign the Order of Condemnation for the above-listed parcels and enter into the minutes of the meeting that the property to be acquired is necessary for a public highway and public use. 3. The Board of Commissioners executes two (2) duplicate originals of the Order of Condemnation for the Property. 3 P age

4 ATTACHMENTS: 1. Order of Condemnation and Exhibits Exhibit A Right-of-Way Requirement Legal Description Exhibit B Permanent Easement Requirement Legal Description Exhibit C Temporary Easement Legal Description Exhibit D Plan Sheets showing access 2. Site Map 3. Vicinity Map cc: Right-of-Way File Maverik, Inc. 4 P age

5 Project Name: Fairview Ave. & Cole Rd. Intersection Project: Name: Maverik, Inc. R/W Parcel No: 22 T4N R1W S36 APN: S ORDER OF CONDEMNATION WHEREAS, based on the facts and findings and other information presented in the Rightof-Way Staff Report dated May 13, 2016 which by this reference is hereby incorporated herein, as supplemented by the presentation of David Serdar, Right-of-Way Supervisor presented at its regular meeting held on the May 25, 2016 and upon the recommendation of the Director, and being fully advised, the Board of Commissioners of the Ada County Highway District hereby makes the following findings of fact, conclusions and order: 1. The acquisition of public right-of-way for its highways is a public use for which the Ada County Highway District has the power of eminent domain under section 7-701, Idaho Code. 2. The above-designated highway project (hereinafter referred to as the Project ) is for a public use authorized by law. 3. Property Rights to be acquired Idaho Code 7-707: a. Fee Simple Right-of-Way: The right-of-way consists of 1,429 square feet (Exhibit A); b. Permanent Easement: The permanent easement consists of 177 square feet (Exhibit B); c. Temporary Easement: The temporary easement consists of 600 square feet (Exhibit C); d. Access: Physical access control is not altered after the project as depicted on the right-of-way plans Exhibit D ; e. Right of Entry: NONE Exhibits are attached hereto, and incorporated herein by this reference as if set out in full (hereinafter referred to as the Property ). 4. The Property is not already appropriated to a public use. 5. The location of the Property sought to be taken by the Ada County Highway District for the Project is most compatible with the greatest public good and the least private injury. 1 P age

6 Project Name: Fairview Ave. & Cole Rd. Intersection Project: Name: Maverik, Inc. R/W Parcel No: 22 T4N R1W S36 APN: S The names and addresses of the record title owner(s) of the Property, and any other owner(s) and tenants under long term leases known to the Highway District is set forth below: Name: Address: Maverik, Inc. 880 W. Center St. N. Salt Lake, UT The Ada County Highway District commenced negotiations to purchase the Property and, by certified U.S. mail, postage prepaid, addressed to the owner(s) at the address shown in the official records of the Ada County Assessor, on the 21 st day of May, 2015 provided the owner(s) with a summary of rights form required by Chapter 7, Title 7, Idaho Code, and on the 21 st day of May, 2015 provided the owner(s) with a written offer to purchase the Property and settle any severance and business damage claims related to the acquisition, and on the 21 st day of May, 2015 provided the owner(s) with a copy of the appraisal and another summary of rights form. A final purchase offer was sent to the owners on the 13 th day of May, More than thirty (30) days has elapsed since the Ada County Highway District made its initial offer to purchase the Property. 8. The Ada County Highway District, by and through its employees, contractors and agents, has sought in good faith to purchase the Property and property interests described above and to settle with the owner(s), or reputed owner(s) and any other claimants for severance damages, if any, to their remaining property where the Property is a part of a larger parcel, and for damages to any business located thereon which might result from said taking, but the Highway District has been unable to make any reasonable bargain therefore, or reasonable settlement of such damages. 2 P age

7 Project Name: Fairview Ave. & Cole Rd. Intersection Project: Name: Maverik, Inc. R/W Parcel No: 22 T4N R1W S36 APN: S NOW, THEREFORE, IT IS HEREBY ORDERED, AND THIS DOES ORDER, that the Ada County Highway District acquire the Property and property interests hereinabove described through the exercise of its power of Eminent Domain, pursuant to Chapter 7, Title 7, Idaho Code. Dated this day of, ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS: By: Kent Goldthorpe, President By: Paul Woods, Vice President By: Bruce S. Wong, Director By: Rebecca W. Arnold, Commissioner By: Sara M. Baker, Commissioner By: Jim D. Hansen, Commissioner ATTACHMENTS: Exhibit A Right-of-Way Requirement Legal Description Exhibit B Permanent Easement Requirement Legal Description Exhibit C Temporary Easement Legal Description Exhibit D Plan Sheets showing access 3 P age

8 EXHIBIT A

9 EXHIBIT A

10 EXHIBIT B

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12 EXHIBIT C

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15 Maverik Parcel 22 Fairview Ave. & Cole Rd. Intersection ACHD Project No Parcel 22 Permanent Easement Approximagely 177 Sq. Ft. Temporary Construction Easement Approximately 600 Sq. Ft. Right-of-Way Requirement Approx. 4,247 Sq. Ft. Prescriptive Right-of-Way Approx. 2,126 Sq. Ft. Parcels Lines This map is a general depiction intended forvisual reference only N Cole Rd H:\Kathy\ROWDS\Sue Linthicum\Fairview & Cole Intersection \Parcel 22\Site_Map.mxd

16 MILWAUKEE ST COLE RD LIBERTY ST Maverik Parcel 22 FAIRVIEW AVE EMERALD ST ALLUMBAUGH ST H:\Kathy\ROWDS\Sue Linthicum\Fairview & Cole Intersection \Parcel 22\Vicinity_Map.mxd