John S. Franden, President Mitchell A. Jaurena, Vice President Rebecca W. Arnold, Commissioner Sara M. Baker, Commissioner Jim D. Hansen, Commissioner November 25, 2014 TO: FROM: Subject: ACHD Board of Commissioners Bruce S. Wong, Director Dave Serdar, Right of Way Supervisor Authorization and Order of Condemnation ACHD Eagle Road and McMillan Road Project Property Owner/Address: Joshnik LLC 300 N. Orchard, Boise, ID 83706 REGULAR AGENDA ITEM December 10, 2014 Commission Meeting EXECUTIVE SUMMARY This action is for the Eagle Road and McMillan Road project. This action is necessary to complete the project. This project will help improve turn signal capacity and improve traffic flow in the area. ACHD Project No: 312026 Eagle Road and McMillan Road ( Project ) ACHD Parcel No: 9 Ada County Assessor: R5338440030 Property Address: Property Owner: 4744 N. Eagle Road Boise, Idaho 83713 Joshnik LLC Attn: Charlie Jones 300 North Orchard Street Boise, ID 83706 Ada County Highway District 3775 Adams Street Garden City, ID 83714 PH 208 387-6100 FX 345-7650 www.achdidaho.org
FACTS & FINDINGS The Eagle Road (SH55) and McMillan Road project is a public necessity and will help relieve congestion and improve circulation in the surrounding network. The Project was first included in ACHD s Capital Improvements Plan in 2006, and the need was reaffirmed in each subsequent update. The Project was first identified as a need in ACHD s 2012-2016 Five Year Combined Plan (construction was initially programmed in preliminary development) and was further reaffirmed in each annual update with a construction year of 2015. The Project need, scope and development have been coordinated closely with the Idaho Transportation Department, City of Boise and with significant public involvement. 1. Property Locations: The property is located in the City of Boise on the southeast corner of North Eagle Road and McMillan Road, within the McMillan s Corner shopping center. The property is generally rectangular in shape and contains 1.137 acres prior to the acquisition by ACHD. The property is currently located within a Residential Zoning District (R-1C) of Boise City. However, the Property is also located in the Lowell Plaza Subdivision; a commercial development allowed by various conditional use permits and accordingly the Subject is considered to be a commercial use site, and the highest and best use is retail use. See aerial maps (Attachments 2 & 3) and legal descriptions attached hereto as Exhibits A, B, and C to the Order of Condemnation) 2. Property Acquisition. The property necessary for the project is 203 square feet of Fee Simple Right of Way, 2,395 square feet of Permanent Easement, and 1,684 square feet 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 ) ( Property ). 3. Project Schedule: The Project is scheduled to begin construction in January 2015. 4. Good Faith Negotiations: ACHD has attempted to negotiate, in good faith, to purchase from the property owner, Joshnik LLC the necessary and required Property without success. The property owner has been offered the appraised fair market value for lands, easements and just compensation for damages, if any. 2 P age January 13, 2014 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. January 15, 2014 The seller called and left a voice mail stating he wanted to meet and discuss his concerns with ACHD. The ACHD Agent called back and set up an appointment to meet. January 17, 2014 The ACHD agent met with the seller. The seller s biggest concern was the limited access to his store from the McMillan side due to the long median. The seller contends that his convenience store will no longer be convenient to customers since they will have to drive through Albertson s parking lot to reach the convenience store. The seller stated he would cooperate with the road project if ACHD would find a way to mitigate the
access issue. January 29, 2014 The ACHD agent sent an email to the seller addressing the concerns he discussed on January 17, 2014. The agent also provided the intersection crash statistics, the majority of which were left turns out of the shopping center. February 13-March 7, 2014 No response from the seller. March 10, 2014 The seller responded by calling and stating he still had concerns on the access issue and the safety within the parking area. The ACHD agent explained that the west entrance will still remain right in, right out. April 1, 2014 No response from the seller. April 1, 2014 A 10-Day letter was mailed. April 21, 2014 The seller requested to meet with ACHD staff and other business owners in the center. May 8, 2014 ACHD agent spoke with the owner to confirm he is available to meet in the next two weeks. May 20, 2014 ACHD staff met with the seller to discuss and review the revised plan sheet. The ACHD staff reiterated that the median is necessary and cannot be changed. June 5, 2014 & July 1, 2014 The ACHD agent spoke with the seller, and he was still not willing to settle. August Oct 2014 Acquisition was redesigned to allow for sidewalk to be in the easement and remain outside the setbacks. A new appraisal was ordered. November 5, 2014 Updated offer was sent out. The negotiations for the purchase of this parcel have reached an impasse. 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 Project Delay POLICY IMPACTS The public necessity for this condemnation was generated by the Eagle/McMillan Capital Project, approved in the FY 2015-2019 Integrated Five Year Work Plan adopted by the ACHD Commission on October 22, 2014. 3 P age
ALTERNATIVES 1. Approve the Order to 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 7-701 et. seq. and Section 40-1310 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 parcel 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. ATTACHMENTS: 1. Order of Condemnation and Exhibits Exhibit A Right of Way Requirement Legal Description Exhibit B Permanent Easement Legal Description Exhibit C Temporary Easement Legal Description Exhibit D Plan Sheets Showing Access 2. Site Map 3. Vicinity Map 4 P age
Project Name: Eagle Road and McMillan Road Project No: 312026 Name: Joshnik LLC R/W Parcel No: 9 T4N, R1E, Sec 33 APN: R5338440030 ORDER OF CONDEMNATION WHEREAS, based on the facts and findings and other information presented in the Right of Way Staff Report dated November 25, 2014 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 December 10, 2014 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 fee requirement area consists of 203 square feet. The acquisition area is described on Exhibit A ; b. Permanent Easement: The temporary easement consists of 2,395 square feet. The permanent easement area is described on Exhibit B ; c. Temporary Easement: The temporary easement consists of 1,684 square feet. The temporary easement area is described on Exhibit C ; d. Access: Physical access control is the same, both before and 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
Project Name: Eagle Road and McMillan Road Project No: 312026 Name: Joshnik LLC R/W Parcel No: 9 T4N, R1E, Sec 33 APN: R5338440030 6. 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: Charlie Jones Joshnik LLC 300 N. Orchard Boise, ID 83706 7. The Ada County Highway District commenced negotiations to purchase the Property and, by Certified Mail, postage prepaid, addressed to the owner(s) at the address shown in the official records of the Ada County Assessor, on the 13 th day of January, 2014 and on the 5 th of November, 2014 provided the owner(s) with a summary of rights form required by Chapter 7, Title 7, Idaho Code, and on the 13 th day of January, 2014 and the 5 th of November, 2014 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 13 th day of January, 2014 and the 5 th of November, 2014 provided the owner(s) with a copy of the Appraisal. A final purchase offer was sent to the owners on the 5 th of November, 2014. 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. NOW, THEREFORE, IT IS HEREBY ORDERED, AND THIS DOES ORDER, that the Ada County Highway District acquires 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, 2014. 2 P age
Project Name: Eagle Road and McMillan Road Project No: 312026 Name: Joshnik LLC R/W Parcel No: 9 T4N, R1E, Sec 33 APN: R5338440030 ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS: By: John S. Franden, President By: Mitchell A. Jaurena, Vice President By: Bruce S. Wong, Director By: Rebecca W. Arnold, Commissioner By: Sara M. Baker, Commissioner By: Jim Hansen, Commissioner 3 P age
W McMillan Rd Eagle Rd. & McMillan Rd. Intersection Project No. 312026 Parcel 9 Required Right of Way Approx. 203 Sq. Ft. Permanent Eaesment Approx. 2,395 Sq. Ft. Parcel 9 Parcels 2013 Aerial Photo 1 inch = 40 feet This map is a general depiction intended for visual reference only Temporary Easement Approx. 1,685 Sq. Ft. Path: H:\Kathy\ROWDS\Dawn Battles\Eagle McMillan 312026\Parcel 9\Map.mxd
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