|
TO: |
Board of Trustees |
|
THROUGH: |
Mary DeLoretto, Interim Executive Director |
|
FROM: |
David Hancock, Chief of Service Development Officer |
|
PRESENTER(S): |
Paul Drake, Director Real Estate & TOD |
|
|
|
TITLE:
title
R2022-01-04 - Resolution Authorizing the Petitioning of the Utah Department of Transportation to use Eminent Domain for the Acquisition of Property necessary for the Ogden-Weber State Bus Rapid Transit Project - Parcels 147, 147:2, 147:E, 147:E2, 147:CE and 147:CE2
end
AGENDA ITEM TYPE:
Resolution
RECOMMENDATION:
Approve Resolution R2022-01-04 authorizing the Executive Director to petition the Utah Department of Transportation (UDOT) to use Eminent Domain for the Acquisition of Property necessary for the Ogden-Weber State 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-Weber State Bus Rapid Transit Project.
The property located at 3257 South Harrison Boulevard, Ogden will be impacted by the project. UTA needs to acquire one partial fee acquisition, one perpetual easement, and one temporary construction easement identified as project parcels 147, 147:E, and 147:CE from this property.
The impacted larger parcel is identified as Weber County Tax Parcel 05:171:0054 and is owned by Harrison Pointe Holdings, LLC, a Limited Liability Company. The property is improved with the Bonne Villa Condominiums comprising 53 units. The land impacted comprises the common area for the condominium project. The acquisition is along the front property line, or east property line along Harrison Boulevard. UTA offered to acquire the necessary property rights and impacted improvements for $34,800 based upon the appraisal prepared by Van Drimmelen and Associates, Inc.
The formal offer to purchase was made on October 26, 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 November 29, 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 is set to begin on subject property as soon as possible. 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-Weber State BRT project is included in the UTA 2021 and UTA 2022 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) R2022-01-04 - Resolution Authorizing the Petitioning of the Utah Department of Transportation to use Eminent Domain for the Acquisition of Property necessary for the Ogden-Weber State Bus Rapid Transit Project - Parcels 147, 147:2, 147:E, 147:E2, 147:CE and 147:CE2
2) Deed (1) and Perpetual Easement (1) and Temporary Construction Easement (1)
3) 4-Options Letter