Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property Owned by Max Ballinger and Emily Ballinger Located at 6312 Ballinger Road in Connection with the Ballinger Road Bridge No. 98 Replacement Project
Body
Department: Legal
Council District: 5
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Jim Hoffman, Interim City Attorney, ext. 2320
Contact 2 and Phone: John Roseboro, Deputy City Attorney, ext. 2320
PURPOSE: The City seeks to acquire two proposed Margin Tracts of 8,767 square feet, two proposed Temporary Construction Easements (TCEs) of 2,208 square feet, two Proposed Permanent Utility Easements (PUEs) of 2,129 square feet and a Proposed Drainage Maintenance and Utility Easement (PDME) of 6,557 square feet of the property owned by Max Ballinger and Emily Ballinger located at 6312 Ballinger Road, designated as Parcel No. 0075442 in the Morehead/Gilmer Township for the Ballinger Road Bridge No. 98 Replacement 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 $29,860.00 for the property. An independent appraiser, Lynn B. Ritchy, Certified General Real Estate Appraiser, A2814, calculated the value of the property. 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 owner on September 19, 2018. PM made several attempts to purchase the property within the appraised amount, but its efforts were not successful. 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 owners 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 purpose of the Ballinger Road Bridge Replacement Project is to replace the existing bridge number 98, which is both functionally obsolete as well as slowly failing, with a new bridge that will meet modern standards and be designed for projected future transportation needs.
The acquisition necessary for this property will be two proposed Margin Tracts of 8,767 square feet, two proposed Temporary Construction Easements (TCEs) of 2,208 square feet, two Proposed Permanent Utility Easements (PUEs) of 2,129 square feet and a Proposed Drainage Maintenance and Utility Easement (PDME) of 6,557 square feet for the property located at 6312 Ballinger Road.
The anticipated date for start of construction is Spring, 2019 with an anticipated completion date of Fall, 2019. The property is zoned R-3 (Residential Single-Family 3).
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 401-4562-01.6012 Activity #A15077. A minimum of $29,860.00 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 owned by Max Ballinger and Emily Ballinger for the amount of $29,860.00 in connection with the Ballinger Road Bridge No. 98 Replacement Project.