Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Properties Martha Wyeth and Martin J. Wyeth, Located at 510 Battleground Avenue in Connection With the Downtown Greenway Phase 2E & 3A Project
Body
Department: Legal
Council District: 3
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 740 square feet, and a proposed Temporary Construction Easement (TCE) of 423 square feet, of the property owned by Martha Wyeth and Martin J. Wyeth, located at 510 Battleground Avenue, designated as Parcel # 0000695 in the Morehead/Gilmer Township for the Downtown Greenway Phase 2E & 3A 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 $8,845.00 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 February 14, 2014. PM spoke with the property owner on multiple occasions from January of 2014 to March of 2014 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 authori...
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