Vote: approved

Item Text

63. AMENDMENT TO TRANSWESTERN V. MARICOPA COUNTY Approve authorization to amend the settlement of Transwestern Pipeline Company, LLC v. Maricopa County , CV-07-2333-Phx-JWS (consolidated) for additional compensation of $705,000.00 to be paid to Maricopa County . On April 9, 2008, the Board approved settlement in the above cases (which include CV-07-2333-PHX-JWS, CV-07-2337-PHX-JWS and CV-07-2340-PHX-JWS) for the amount of $700,000.00 (Agenda No. C-19-08-048-M-00). Subsequently, Transwestern approached Maricopa County indicating additional land was needed to complete its gas pipeline project – 7.58 acres of permanent easement and 6.37 acres of temporary workspace easement. Utilizing the same valuation terms as the original settlement, Maricopa County and Transwestern agreed to additional compensation in the amount of $705,000.00, subject to approval by the Board. This additional compensation brings the total settlement amount for the three cases filed against Maricopa County to $1,405,000.00. This proposed settlement on all the property being acquired by Transwestern will be effectuated by a stipulated judgment which will be filed with the Clerk of the Board when it is entered by the Court. Supervisorial District 4. (C-19-08-048-M-01)

Vote: approved

Item Text

A-8. AMENDMENT NO. 2 TO TRANSWESTERN V. MARICOPA COUNTY SETTLEMENT Approve authorization to amend the settlement of Transwestern Pipeline Company, LLC v. Maricopa County , CV-07-2333-PHX-JWS (consolidated) for additional compensation of $113,280.00 to be paid to Maricopa County . On April 9, 2008, the Board approved settlement in the above cases (which include CV-07-2333-PHX-JWS, CV-07-2337-PHX-JWS and CV-07-2340-PHX-JWS) for the amount of $700,000.00 (Agenda No. C-19-08-048-M-00). After the original settlement was approved by the Board, Transwestern approached Maricopa County indicating additional land was needed to complete its gas pipeline project – 7.58 acres of permanent easement and 6.37 acres of temporary workspace easement. Utilizing the same valuation terms as the original settlement, Maricopa County and Transwestern agreed to additional compensation in the amount of $705,000.00, approved by the Board on November 6, 2008 (C-19-08-048-M-01). This additional compensation brought the total settlement amount for the three cases filed against Maricopa County to $1,405,000.00. In October 2008, Transwestern again approached Maricopa County indicating additional land was needed to complete its gas pipeline project – 0.45 acres of permanent easement and 2.58 acres of temporary workspace easement. Utilizing the same valuation terms as the original settlement, Maricopa County and Transwestern agreed to additional compensation in the amount of $113,280.00, subject to Board approval. This additional compensation brings the total settlement amount for the three cases filed against Maricopa County to $1,518,280.00. This proposed settlement on all the property being acquired by Transwestern will be effectuated by a stipulated judgment which will be filed with the Clerk of the Board when it is entered by the Court. This item was discussed in Executive Session on December 15, 2008. Supervisorial District 4 (C-19-08-048-M-02)