CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Steven B. Wolfson, District Attorney |
Recommendation:
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Approve and authorize the District Attorney's Office or its designee to file a lawsuit against Series VI of Huntington, LLC, one of the property owners of Assessor's Parcel No. 163-31-702-017, to complete the partial property acquisition process for improvements. (For possible action)
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FISCAL IMPACT:
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Fund #: |
4990.991 |
Fund Name: |
Public Works Regional Improvements/RTC |
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Fund Center: |
1260110001 |
Funded PGM/Grant: |
PW.R113BFT |
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Amount: |
Up to $20,000 |
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Description: |
Attorney's fees, court fees, and related expenses |
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Additional Comments: |
County will seek to recover attorney's fees and costs |
BACKGROUND:
On July 2, 2019, the Board of County Commissioners ("BCC") approved and authorized the acquisition by negotiation of a portion of Assessor's Parcel No. 163-31-702-017 (Let It Grow, LLC, and Series VI of Huntington, LLC) needed for improvements to Fort Apache Road between Warm Springs Road and Tropicana Avenue.
On December 17, 2019, the BCC approved and authorized a settlement in the amount of $74,500.00 for a partial acquisition of Assessor's Parcel No. 163-31-702-017 (Let It Grow, LLC and Series VI of Huntington, LLC) for improvements to Fort Apache Road between Warm Springs and Tropicana Avenue; and authorized the County Manager or her designee to sign future escrow instructions and any pertinent documents necessary to complete the acquisition process.
However, one of the property owners, Series VI of Huntington, LLC, refuses to sign the escrow instructions to complete the acquisition process. Demand has been made without any success. The property is currently pending a contingency sale.
Approval and authorization for the District Attorney's Office or its designee to file a lawsuit against Series of Huntington, LLC, one of the property owners Assessor's Parcel No. 163-31-702-017, to complete the partial property acquisition process for the necessary improvements is being sought from the BCC.