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File #: G19-1217   
Type: Council Consent Status: Agenda Ready
File created: 11/14/2019 In control: City Council
On agenda: 11/19/2019 Final action:
Title: Consideration of payment of a jury award in R.C. Rentals, LLC, et al. v. City of Olathe.
Staff Contact: Ron Shaver
Attachments: 1. Attachment A - RC Rentals v. City of Olathe Journal Entry 11.12.2019

Department: Legal

Staff Contact: Ron Shaver, City Attorney

Subject: Consideration of payment of a jury award in R.C. Rentals, LLC, et al. v. City of Olathe

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Item Description:

title

Consideration of payment of a jury award in R.C. Rentals, LLC, et al. v. City of Olathe.

Body

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Summary:

The City acquired the building located at 1200 E. Santa Fe Street (former R.C. Rentals, LLC/All American Auto Mart used vehicle dealership) as part of the Santa Fe Street and Ridgeview Road Geometric Improvements Project (PN 3-C-083-15) through the eminent domain process and paid the Court-appointed appraisers award of $590,000 in November, 2018.  The property owner appealed the award and the case proceeded to a jury trial.  On November 6, 2019, the jury entered an award of $801,000 for the taking of the property ($211,000 above the Court-appointed appraisers award) which was memorialized in a Journal Entry signed by all parties and District Court Judge Gurney on November 12, 2019 (Attachment A).

During the jury trial, the City’s appraiser provided a final appraised value of $470,000 for the property.  The landowner’s appraiser provided a final appraised value of $1,000,000 for the property and the former owner testified his belief that the property should be valued at $1,250,000 based on an adjacent land sale.  The jury award was a compromise in between the appraisals of the City and the former landowner.

The judgment, court costs and interest to be paid are as outlined below:

                                          Judgment                                                                                                                                                    $211,000

                                          Interest at 6.5% from 12/1/1-6/30/19                     $7,964.84                                                                                                               

                                          Interest at 7.0% from 7/1/19-11/6/19                     $5,219.34

                                                                                                                                                   TOTAL                                          $224,184.18

                                                                                                                                                   (plus statutory judgment interest until paid).

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Financial Impact:

See above.  Funds to pay the judgment will come from the project fund.

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Action Needed:

Approve payment of the jury award (plus interest) in R.C. Rentals, LLC, et al. v. City of Olathe.

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Attachment(s):

Attachment A - RC Rentals v. City of Olathe Journal Entry 11.12.2019