Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Properties Owned by Victor R. Sarvis located at 5716 W. Market Street in Connection With the W. Market St/College Rd Intersection & Sidewalk 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 a Proposed Margin Tract (PMT) of 2,138 square feet, Proposed Permanent Slope Easement (PSE) of 815 square feet and a proposed Temporary Construction Easement (TCE) containing 505 square feet, of the property owned by Victor R. Sarvis located at 5716 W. Market Street designated as Tax Map # 30-894-N-43/Parcel #0075110 in the Morehead/Gilmer Township for the W. Market St/College Rd Intersection & 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(s).
BACKGROUND: PM attempted to negotiate a purchase within the total appraised value of $140,000.00 for the property. The value of the property was calculated by an independent appraiser, Tonya L. Brady, MAI, SRA, of McNairy & Associates, 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(s) on April 23, 2013. Furthermore, PM spoke with the property owner and its attorney from April 2013 to May 2013 to negotiate a purchase.
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 W. Market St/College Rd Intersection & Sidewalk Project is one that was requested by the neighborhood 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 this property is a Proposed Margin Tract (PMT) of 2,138 square feet, a Proposed Permanent Slope Easement (PSE) of 815 square feet and a proposed Temporary Construction Easement (TCE) containing 505 square feet for the property located at 5716 W. Market Street. The anticipated date for start of construction is April, 2015, with an anticipated completion date of April, 2016. The property is zoned RS-7 (Residential Single Family, 7,000 sq. ft. minimum lot size).
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 401-4538-01.6012, Activity #09157. The funding comes from the 2008 Transportation Bond Funds and is available in the Land Row MKT, College/Guilford College Intersection. A minimum of $140,000.00 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 Victor R. Sarvis in connection with the W. Market St/College Rd Intersection & Sidewalk Project.