Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the properties Laura Peeples Tew located at 2743 Horse Pen Creek Road in Connection With the Horse Pen Creek Road Widening 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 the 1.68 ? acres, entire taking of the property owned by Laura Peeples Tew, located at 2743 Horse Pen Creek Road, designated as Parcel # 0081288 in the Morehead/Gilmer Township for the Horse Pen Creek Road Widening 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 $155,000.00 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 spoke with the property owner on multiple occasions from April of 2014 to June of 2014 to discuss the design and offer. Due to the owners' inability to understand the nature of the taking and its consequences, PM consulted the City's Legal Department. An Assistant City Attorney went to interview the property owner and agreed that the property owner seemed to have difficulty understanding the condemnation process. The City's Legal Department advised PM to file a condemnation action in this matter to ask the court to appoint a Guardian ad Litem to represent th...
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