Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Iris Brooks, Anderson Brooks III, Linda Brooks, Barbara Elliott, Arthur Elliot, Brenda Neal and Roy Neal Located at 814 S. English Street in Connection with the English Street Sidewalk Improvements Project
Body
Council Priority: Maintain Infrastructure and Provide Sustainable Growth Opportunities
Department: Legal
Council District: 1
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Tawn Evans, ext. 2320
Contact 2 and Phone: John P. Roseboro, ext. 2320
PURPOSE:
The City seeks to acquire a proposed Temporary Construction Easement (TCE) of 1,745 square feet and a proposed Right of Way Tract of 1,237 square feet of the property owned by Iris Brooks, Anderson Brooks III, Linda Brooks, Barbara Elliott, Arthur Elliott, Brenda Neal and Roy Neal located at 814 S. English Street, designated as Parcel No. 0021507 in the Morehead/ Gilmer Township for the English Street Sidewalk Improvements 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 $3,675.00 for the property. The land value was based on appraisals of like properties by LR Appraisals, Inc., an independent appraisal company. PM sent an initial written Offer to Purchase to the property owner on April 11, 2017. 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) 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 English Street Sidewalk Improvement Project is needed to provide pedestrians with a safe walking route along English Street from East Market Street to East Gate City Boulevard, on both sides where none exists.
The acquisition necessary for this property is a proposed Temporary Construction Easement (TCE) of 1,745 square feet and a proposed Right of Way Tract of 1,237 square feet for the property located at 814 South English Street.
The anticipated date for start of construction is September 2019, with an anticipated completion date of May, 2021. The property is zoned RS 7 (Residential Single Family).
City staff further recommends that the City Council authorize payment of the estimated amount of the value of the property 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 property.
BUDGET IMPACT:
The funding for this eminent domain action is budgeted in Account Number 401-4546-01.6012 Activity #A 15138. A minimum of $3,675.00 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 a portion of the property of Iris Brooks, Anderson Brooks III, Linda Brooks, Barbara Elliot, Arthur Elliot, Brenda Neal and Roy Neal in connection with the English Street Sidewalk Project.