Title
Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the properties Lola W. Amaker, located at 915 Beaumont Ave. in connection with the Holts Chapel Outfall Project.
Body
Department: Legal
Council District: 1
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Ted Partrick, Engineering Manager, ext 2308
Contact 2 and Phone: James A. Dickens, Assistant City Attorney, ext 2320
PURPOSE: The City seeks to acquire a Permanent Utility Easement (PUE) of 19,171 square feet, of the property owned by Lola W. Amaker, located at 915 Beaumont Avenue, designated as Parcel # 0022846 in the Morehead/Gilmer Township for the Holt Chapel Outfall 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 $3,050.00 for the property. The value of the property was calculated by an independent appraiser, D. Lynn Cable, MAI, 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 May 23, 2013. The encroachment of the owner's property with this design will be minimal. PM met with the property owner on multiple occasions from October of 2012 to June of 2013 to discuss the design and offer. The property owner 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 Water Resources Department has an approved sewer project called the Holts Chapel Outfall Project. This project will allow for improvement of the sewer line located on the property. The acquisition necessary for this property is a proposed permanent utility easement of 19,171 square feet for the property located at 915 Beaumont Avenue. The anticipated date for start of construction is July, 2014, with an anticipated completion date of June, 2015. The property is zoned RS-7 (Residential Minimum 7 thousand square feet 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 503-7023-02.6012, Activity #A14044, and the account name is Water Resources Capital Improvements Fund. The funding is derived from specifically allocated capital funds for property purchases within the department responsible for the project. A minimum of $3,050.00 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 Lola W. Amaker in connection with the Holts Chapel Outfall Project.