Vote: approved

Item Text

FA-1. AMENDMENT NO. 1 TO TRANSWESTERN V. FLOOD CONTROL DISTRICT OF MARICOPA COUNTY SETTLEMENT Approve authorization to amend the settlement of Transwestern Pipeline Company, LLC v. Flood Control District of Maricopa County (District), CV-07-2332-PHX-JWS for additional compensation of $100,480.00 to be paid to the District. On April 9, 2008 the Board of Directors for the District approved settlement (C-69-08-054-M-00) in the above case, which included CV-07-2332-PHX-JWS, CV-07-2334-PHX-JWS, CV-07-2336-PHX-JWS, CV-07-2339-PHX-JWS, and CV-07-2348-PHX-JWS for the amount of $3,250,000.00.Subsequently, Transwestern Pipeline Company, LLC (Transwestern) approached the District indicating additional land was needed to complete its gas pipeline project (6.28 acres of workspace easement). Utilizing the same valuation terms as the original settlement, the District and Transwestern agreed to additional compensation in the amount of $100,480.00 subject to Board of Directors approval. This additional compensation brings the total settlement amount for the cases filed against the District to $3,350,480. 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-69-08-054-M-01)