Authorize Acquisition of a Fee Simple Interest for Right-of-Way in 0.806 Acres, a Temporary Construction Easement in 0.407 Acres and a Permanent Slope Easement in 0.046 Acres from 2201 Risinger Road, LLC, and Pamela L. Horstman a/k/a Pamela L. Anderson, as Trustee of the Anderson Marital Trust and Individually, Located at 2201 West Risinger Road for the Risinger Road from Crowley Road to McCart Avenue Project in the Amount of $575,000.00, Pay Estimated Closing Costs in the Amount Up to $10,000.00 for a Total Cost of $585,000.00 and Authorize Payment of Relocation Assistance in the Estimated Amount of $140,000.00 (2014 BOND PROGRAM) (COUNCIL DISTRICTS 6 and 8)

It is recommended that the City Council:

1.  Authorize the acquisition of a fee simple interest for right-of-way in 0.806 acres, a temporary construction easement in 0.407 acres and a permanent slope easement in 0.046 acres from 2201 Risinger Road, LLC, and Pamela L. Horstman a/k/a Pamela L. Anderson, as Trustee of the Anderson Marital Trust and Individually in the amount of $575,000.00 and pay estimated closing costs in the amount up to $10,000.00;

2.  Find that the total purchase price is just compensation;

3.  Authorize the City Manager or his designee to accept the conveyances and record the appropriate instruments; and

4.  Authorize payment of relocation assistance in the estimated amount of $140,000.00.

The fee simple acquisition, temporary construction easement and permanent slope easement interest are needed for construction and expansion of Risinger Road from Crowley Road to McCart Avenue Project. The improvements will promote safety and efficient traffic flow in the area.

An independent appraisal established fair market value and the property owner has agreed to the negotiated amount of $575,000.00 for the needed interest in the parcel of land. The real estate taxes will be pro-rated with the seller being responsible for taxes due up to the closing date. The City will pay a estimated closing cost in the amount up to $10,000.00. Upon City Council approval, Staff will proceed with acquiring the needed interest in the property except for the mineral estate. The deeds to the City will contain surface waivers for the exploration of the mineral estate. The land for this project will be purchased using the 2014 Bond Program Fund.

As of September 1, 2011, in accordance with state law, the City is required to provide relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisitions Policy Act (URA). These services are provided to qualifying individuals and business owners who are displaced by public projects from their homes and/or business locations. For this acquisition, the tenant is eligible to receive relocation assistance. Displacees have up to 18 months to file a claim for their relocation assistance payments. The actual amounts to be paid will be determined by the type of payments the displacees qualify for and the total costs of their moving expenses.

Ownership	Parcel	Property Location	Legal Description	Interest	Amount
2201 Risinger Road, LLC, and Pamela L. Horstman a/k/a Pamela L. Anderson, as Trustee of the Anderson Marital Trust and Individually	6	2201 W. Risinger Road	Jacob Wilcox Survey, Abstract No. 1743	0.806 Acres/Fee Simple ROW/Contributory Value	$174,800.00
2201 Risinger Road, LLC, and Pamela L. Horstman a/k/a Pamela L. Anderson, as Trustee of the Anderson Marital Trust and Individually	6-TCE	2201 W. Risinger Road	Jacob Wilcox Survey, Abstract No. 1743	0.407 Acres/Temporary Construction Easement	$9,000.00
2201 Risinger Road, LLC, and Pamela L. Horstman a/k/a Pamela L. Anderson, as Trustee of the Anderson Marital Trust and Individually	6-PSE	2201 W. Risinger Road	Jacob Wilcox Survey, Abstract No. 1743	0.046 Acres/Permanent Slope Easement	$4,714.00
				Cost to Cure	$124,000.00
				Damages	$262,486.00
				Estimated Closing Cost	$10,000.00
				Land Total Cost	$585,000.00
				Estimated Reimbursements for Eligible Relocation Expenses	$140,000.00

This project is included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund, in accordance with the statement expressing official Intent to Reimburse that which was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014) and the subsequent actions taken by the Mayor and City Council.  

This property is located in COUNCIL DISTRICTS 6 and 8, Mapsco 431.

This M&C does not request approval of a contract with a business entity.