Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Properties of Sampson Family Limited Partnership (D/B/A Guilford Business Park) Located at 101, 105, 107 and 113 Guilford College Road in Connection With the West Market St/ College Road Intersection & Sidewalk Project
Body
Department: Legal
Council District: 5
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 a Proposed Margin Tract of 2,133 square feet, and a Proposed Temporary Construction Easement (TCE) of 761 square feet for Parcel# 0074827; a Proposed Margin Tract of 508 square feet and a Proposed Temporary Construction Easement (TCE) of 890 square feet for Parcel# 0074836; a Proposed Margin tract of 1,212 square feet and a Proposed Temporary Construction Easement (TCE) of 1,186 square feet for Parcel# 0074837; a Proposed Margin Tract of 1,683 square feet, a Proposed Permanent Slope Easement (PSE) of 359 square feet and a Proposed Temporary Construction Easement (TCE) of 1,185 square feet for Parcel#0074838 of the properties owned by Sampson Family Limited Partnership (d/b/a Guilford Business Park) located at 101, 105, 107 and 113 in the Morehead Township for the West Market St/College Rd Intersection. 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 $89,047.00 for the property. The value of the property was calculated by an independent appraiser, Tonya L. Brady, Certified General Real Estate Appraiser, A4503, 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 sent a written Offer to Purchase to the property owner on November 10, 2015. The property owner did not accept the offer and no counteroffer was received. 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 giving notice of the City’s intent to file a condemnation lawsuit. 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 W. Market St/ College Rd Intersection & Sidewalk Project is one that the neighborhood requested for the children who walk to school. The neighborhood has no sidewalks on either side and the pedestrians, including children must walk in the road. In addition to the sidewalk, this project will widen W. Market St. and add a turn lane at the intersection of W. Market Street and College Rd. The acquisition necessary for these properties are a Proposed Margin Tract of 2,133 square feet, a Proposed Temporary Construction Easement (TCE) of 761 square feet, a Proposed Margin Tract of 508 square feet, a Proposed Temporary Construction Easement (TCE) of 890 square feet, a Proposed Margin tract of 1,212 square feet, a Proposed Temporary Construction Easement (TCE) of 1,186 square feet, a Proposed Margin Tract of 1,683 square feet, a Proposed Permanent Slope Easement (PSE) of 359 square feet and a Proposed Temporary Construction Easement (TCE) of 1,185 square feet located at 101,105, 107 and 113 Guilford College Road. The anticipated date for start of construction is October, 2016, with an anticipated completion date of December, 2017. The property is zoned C-M, LI (Commercial Medium - Light Industrial).
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 401-4547-01.6012, Activity #A11168. The funding comes from the 2008 Transportation Bond Funds and is available in the Land Row MKT, College /Guilford College intersection. A minimum of $89,047.00 will be expended to acquire these properties, 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 a portion of the properties of Sampson Family Limited Partnership (d/b/a Guilford Business Park) in connection with the West Market St/College Road Intersection Project.
COMMITTEE ACTION: No Committee referred this item to Council