Title
Partial Condemnation Settlement between GLWA and Yates Cider Mill, LLC, Property Owner of Parcel 8 Vacant Land, Tax ID No. 15-13-477-002, Parcel 9 1880 East Avon Road, Tax ID No. 15-13-477-001, Parcel 10 Vacant East Avon Road, Tax ID No. 15-13-427-003, and Parcel 13 Vacant East Avon Road, Tax ID No. 15-13-276-003
Body
Agenda of: October 25, 2023
Item No.: 2023-382
Amount: $37,440.00
TO: The Honorable
Board of Directors
Great Lakes Water Authority
FROM: Suzanne R. Coffey, P.E
Chief Executive Officer
Great Lakes Water Authority
DATE: October 18, 2023
RE: Partial Condemnation Settlement between GLWA and Yates Cider Mill, LLC, Property Owner of Parcel 8 Vacant Land, Tax ID No. 15-13-477-002, Parcel 9 1880 East Avon Road, Tax ID No. 15-13-477-001, Parcel 10 Vacant East Avon Road, Tax ID No. 15-13-427-003, and Parcel 13 Vacant East Avon Road, Tax ID No. 15-13-276-003
MOTION
Upon recommendation and opinion of William M. Wolfson, Chief Administrative and Compliance Officer/Interim General Counsel, the Board of Directors (Board) for the Great Lakes Water Authority (GLWA): (1) approves the just compensation for the condemnation action between GLWA and Yates Cider Mill, LLC, the property owner of Parcel 8 Vacant Land, Tax ID No. 70-15-13-477-002, Parcel 9 1880 East Avon Road, Tax ID No. 15-13-477-001, Parcel 10 Vacant East Avon Road, Tax ID No. 15-13-427-003, and Parcel 13 Vacant East Avon Road, Tax ID No. 15-13-276-003 for the business interruption claims in the amount of $37,440 (representing GLWA’s 77% share of the $44,000 sought by Yates Cider Mill, LLC); and (2) authorizes the Chief Executive Officer to take such other action as may be necessary to accomplish the intent of this vote, including the resolution of the business interruption claims from the condemnation action.
BACKGROUND
To provide water supply services, it is necessary to relocate the 96-inch water transmission main. GLWA staff, with the support of consultants, determined that GLWA needed to acquire permanent and temporary easements over a privately held property to support the relocation work. Condemnation actions were filed to acquire the easements over the property owned by Yates Cider Mill, LLC and remain pending. GLWA has obtained title and possession of the easements, but the parties are still litigating over the compensation owed to Yates Cider Mill, LLC. Yates Cider Mill, LLC has proposed a resolution of its just compensation claims related to business interruption for the total amount of $44,000. This settlement would leave the compensation for real estate claims to be resolved. We anticipate returning to the Board for approval of an eventual resolution of the case within the next few months.
JUSTIFICATION
The use of condemnation was necessary to complete this project while serving the public purpose of maintaining compliance with applicable laws and regulations and protecting the environment. To minimize the disruption to adjoining landowners, GLWA is condemning this property as it is necessary to relocate the water transmission main. GLWA must therefore pay just compensation to Yates Cider Mill, LLC for the taking. This amount is consistent with what GLWA’s business valuation expert determined were compensable costs to avoid business interruption.
BUDGET IMPACT
Property acquisitions were included in the budget for the 96-inch relocation project.
COMMITTEE REVIEW
This matter was presented to the Legal Committee at its meeting on October 25, 2023. The Legal Committee unanimously recommended that the GLWA Board adopt the resolution as presented.
SHARED SERVICES IMPACT
This request does not impact the Shared Services Agreement between GLWA and DWSD.