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TO: |
Board of Trustees |
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THROUGH: |
Mary DeLoretto, Interim Executive Director |
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FROM: |
David Hancock, Acting Chief Service Development Officer |
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PRESENTER(S): |
Paul Drake, Director Real Estate & TOD |
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TITLE:
title
R2021-08-03 - Resolution to Request the Utah Department of Transportation to use Eminent Domain for the Acquisition of Property Necessary for the Ogden-Weber State University Bus Rapid Transit Transportation Project - Parcels 148 and 149
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AGENDA ITEM TYPE:
Resolution
RECOMMENDATION:
Approve Resolution R2021-08-03 authorizing the Executive Director to request UDOT to use Eminent Domain for the Acquisition of Property necessary for the Ogden-Weber State University Bus Rapid Transit (BRT) Project.
BACKGROUND:
UTA is in the process of purchasing a 5.3-mile corridor connecting the Ogden FrontRunner commuter rail station to Weber State University (WSU) and McKay Dee Hospital for the Ogden-WSU Bus Rapid Transit Project.
The property located at 3245 South Harrison Boulevard, Ogden will be impacted by the project. UTA needs to acquire two partial fee acquisitions, three perpetual easements, and two temporary construction easements identified as project parcels 148, 149, 148:E, 149:E, 149:2E, 148:CE, and 149:CE from this property.
The impacted larger parcel is identified as Weber County Tax Parcels 05-037-0009 and 04-017-0001 and is owned by CAWPROPERTIES, LLC. This property is improved with a car wash built in 1991. UTA offered to acquire the necessary property rights and impacted improvements for $105,500 based upon the appraisal prepared by Van Drimmelen and Associates, Inc.
The formal offer to purchase was made on April 21, 2021. However, negotiations with the property owner have come to an impasse. UTA has petitioned the owners to sign a Right-of-Occupancy agreement to allow for additional time to negotiate the final settlement award, without causing project construction delays.
A 4-Options letter was sent to the property owner via certified mail on May 21, 2021 and again on June 16, 2021. Because negotiations have been unsuccessful, UTA staff recommends condemnation to settle the acquisition and obtain a court order of occupancy to avoid project delays.
DISCUSSION:
Project construction to begin on subject property as soon as right or order of occupancy is received. UTA staff will continue negotiating until the acquisition is settled. However, condemnation will ensure final resolution and will facilitate occupancy of the property.
ALTERNATIVES:
The consequences of not moving forward with the condemnation action include project delays, costly contractor change orders and increased prices for materials.
FISCAL IMPACT:
The Ogden-WSU BRT project is included in the UTA 2021 Capital Budget and the approved UTA 5-year Capital Plan. The cost to litigate a condemnation action will be covered by the project budget. These costs are considered significantly less than construction delay costs.
ATTACHMENTS:
1) Resolution
2) Map