Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Simon Investments NC, LLC Located at 4701 W. Market Street in Connection with the Spring Garden Street Sidewalk Project
Body
Council Priority: Maintain Infrastructure and Provide Sustainable Growth Opportunities
Department: Legal
Council District: 4
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Kenny McDowell, ext. 4578
Contact 2 and Phone: Alan Andrews, ext. 2320
PURPOSE:
The City seeks to acquire a Proposed Margin Tract of 443 square feet and a Proposed Temporary Construction Easement (TCE) of 2,145 square feet of the property owned by Simon Investments NC, LLC located at 4701 W. Market Street, designated as Parcel No. 42427 in the Morehead/ Gilmer Township for the Spring Garden Street Sidewalk Project. The Property Management Section of the Engineering and Inspections Department (PM) requests Council to authorize the initiation of condemnation proceedings because it has been unable to negotiate a purchase price with the property owner.
BACKGROUND:
PM attempted to negotiate a purchase within the total appraised value of $19,650.00 for the property. An independent appraiser, Lynn B. Ritchy, Certified General Real Estate Appraiser, License No. A-2814, calculated and submitted the value of the property for the City. The appraiser used generally accepted appraisal methods and calculated the value based upon the nature of the taking and the square footage taken. PM sent an initial written Offer to Purchase to the property owner on January 8, 2019. PM made several attempts to purchase the property within the appraised amount, but its efforts were not successful. Therefore, PM recommends that the City Council adopt a resolution authorizing the City Attorney to institute proceedings to condemn the required property. Following City Council's approval, the Legal Department will send a letter to the owner giving them at least thirty (30)...
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