Title
Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the properties owned by David Williams located at 1564 Lovett Street in connection with the Lovett Street Sidewalk Improvement 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 Slope Easement (PSE) of 100 square feet and a proposed Temporary Construction Easements (TCE) containing 301 square feet, of the property owned by David Williams, located at 1564 Lovett Street, designated as Tax Map # 108-5-27/Parcel # 0011414 in the Morehead/Gilmer Township for the Lovett Street 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 $280.00 for the property. The value of the property was calculated by an independent appraiser, Jeffrey A. McKee, Certified General Real Estate Appraiser, A5913, 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 October 10, 2012. PM tried to contact spoke with the property owner on one occasion from October of 2012 to April of 2013 to discuss the design and offer. The property owner was concerned about the disturbance of the landscaping and 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 Lovett Street Sidewalk Project was 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. The acquisition necessary for this property is a permanent slope easement of 100 square feet, and a temporary construction easement containing 301 square feet for the property located at 1564 Lovett Street. The anticipated date for start of construction is November, 2015, with an anticipated completion date of June, 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 Sidewalk Construct. EL-5101DD. This project is one that is reimbursable by the Federal Government. A minimum of $280.00 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 David Williams in connection with the Lovett Street Sidewalk Project.