Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the properties Laura Peeples Tew located at 2743 Horse Pen Creek Road in Connection With the Horse Pen Creek Road Widening Project.
Body
Department: Legal
Council District: 4
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Ted Partrick, Engineering Manager, ext 2308
Contact 2 and Phone: John P. Roseboro, Assistant City Attorney, ext 2320
PURPOSE: The City seeks to acquire the 1.68 ± acres, entire taking of the property owned by Laura Peeples Tew, located at 2743 Horse Pen Creek Road, designated as Parcel # 0081288 in the Morehead/Gilmer Township for the Horse Pen Creek Road Widening 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 $155,000.00 for the property. The value of the property was calculated by an independent appraiser, Jeffrey A. McKee, Certified General Real Estate Appraiser, A5913, that was contracted by the City to perform the appraisal. The appraiser used generally accepted appraisal methods and calculated the value based upon the nature of the taking and the square footage taken. PM spoke with the property owner on multiple occasions from April of 2014 to June of 2014 to discuss the design and offer. Due to the owners' inability to understand the nature of the taking and its consequences, PM consulted the City's Legal Department. An Assistant City Attorney went to interview the property owner and agreed that the property owner seemed to have difficulty understanding the condemnation process. The City's Legal Department advised PM to file a condemnation action in this matter to ask the court to appoint a Guardian ad Litem to represent the property owners' interest in this matter. After the decision was made to file a condemnation action, PM discovered that the property owner had granted a Durable Power of Attorney to Peter Miller, on June 25, 2014, and recorded in Book 7608, Page 1787, Guilford County Registry. The City's Legal Department has concerns about the property owners' competency to execute a Power of Attorney. Mr. Peter Miller, the Power of Attorney, was contacted on July 29, 2014. The Power of Attorney rejected this offer. PM made every reasonable effort 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 30-day letter to the owner requesting to purchase the property prior to litigation. After the lawsuit is filed and discovery is completed, a mediation or Commissioner's Hearing, or both, are held to try to resolve the matter with the property owner before trial. Additionally, the parties are free to continue negotiations through the date of trial.
The Horse Pen Creek Road Widening Project is needed to relive the traffic congestion in that specific area. As it stands, the road is a major cut through for the traffic coming from Battleground Road and the surrounding areas. The continued growth in the area has spurred the need for a much wider road with multiple lanes and traffic control devices to be installed. The acquisition necessary for this property is the entire 1.68 ± acres, entire taking of land located at 2743 Horse Pen Creek Road. The anticipated date for start of construction is April, 2016, with an anticipated completion date of June, 2018. The property is zoned R-3, Residential Single Family 3 GWA, General Watershed Area Overlay.
City staff further recommends that the City Council authorize payment of the estimated amount of the value of the properties to the Clerk of Superior Court for disbursement to the owner. This will allow the City to take possession, which is required before work for this Project can commence on the properties.
BUDGET IMPACT: The funding for this condemnation is budgeted in Account Number 471-4502-08.5410 and Activity #A14074. The funding comes from the Professional Services/Capital Projects Account. A minimum of $155,000.00 will be expended to acquire this property, in addition to any litigation costs and/or settlement agreements.
RECOMMENDATION / ACTION REQUESTED: City Council approval of a resolution authorizing the City Attorney to institute proceedings to condemn the entire taking of the property of Laura Peeples Tew in connection with the Horse Pen Creek Road Widening Project.