Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn Portions of the Properties of William G. Staley, Gary K. Staley, Mark D. Staley, Lisa Lynne Staley, Graham J. Staley, and Nancy S. Carver Located at 1415 1417, 1423 and 1427 Mt. Hope Church Road in Connection with the Stewart Mill Force Main Sewer Line Project
Body
Department: Legal
Council District: N/A [County]
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Ted Kallam, Engineering Manager, ext. 2883
Contact 2 and Phone: John P. Roseboro, Assistant City Attorney, ext. 2320
PURPOSE: The City seeks to acquire a:
Permanent Utility Easement (PUE) of 3,643 square feet, located at 1415 1417 Mt. Hope Church Road, designated as Parcel # 0119199,
Permanent Utility Easement (PUE) of 1,498 square feet, located at 1423 Mt. Hope Church Road, designated as Parcel # 0119180,
Permanent Utility Easement (PUE) of 4,529 square feet, located at 1427 Mt. Hope Church Road, designated as Parcel # 0119179
of the properties owned by William G. Staley, Gary K. Staley, Mark D. Staley, Lisa Lynn Staley, Graham J. Staley, and Nancy S. Carver in the Jefferson Township for the Stewart Mill Force Main Sewer Line 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 owners.
BACKGROUND: PM attempted to negotiate a purchase within the total appraised values of $1,195.00 for the properties. An independent appraiser, Jeffrey A. McKee, Certified General Real Estate Appraiser, A5913, calculated 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 owners on March 31, 2016. PM corresponded with the property owners on numerous occasions from April, 2016 to September, 2016 to discuss the design and offers. The offers were rejected. 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 letter to the owner giving him at least thirty (30) days’ notice of the City’s intent to file an eminent domain 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 Stewart Mill Force Main Sewer Line Project is to divert waste water flows going to the existing Rock Creek Lift Station in order to free up pumping capacity and to provide service to the large draining area that is contiguous to the new lift station.
The acquisitions necessary for these properties are three (3) Permanent Utility Easements totaling 9,670 square feet for the properties located at 1415 1417, 1423 and 1427 Mt. Hope Church Road.
The anticipated date for start of construction is November, 2017, with an anticipated completion date of December, 2017. The property is zoned RS-40 (Residential).
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 owners. 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 507-7012-01.6012, Activity #A13088. The funding comes from the Water and Sewer Extension Funds. A minimum of $1,195.00 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 portions of the properties of William G. Staley, Gary K. Staley, Mark D. Staley, Lisa Lynne Staley, Graham J. Staley and Nancy S. Carver in connection with the Stewart Mill Force Main Sewer Line Project.