Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Roy Chilton and Linda Chilton Located at 7059 Old 421 Road in Connection with the Guilford/Randolph Mega-Site Water and Sewer Extension Project
Body
Department: Legal
Council District: N/A
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Jim Hoffman, ext. 2320
Contact 2 and Phone: John P. Roseboro, ext. 2320
PURPOSE: The City seeks to acquire a Proposed Permanent Utility Easement (PUE) of 5,813 square feet of the property owned by Roy Chilton and Linda Chilton located at 7059 Old 421 Road, designated as Parcel No. 0125211 in the Liberty Township for the Guilford/ Randolph Mega-Site Water and Sewer Extension 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 $1,750.00 for the property. The appraised value was based on appraisals of like property, performed by an independent certified appraisal company, Colvin, Sutton, Winters & Associates. 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 the property on March 6, 2018. PM made several attempts 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 letter to the owner giving him or her 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 ...
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