Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Properties Owned by Victor R. Sarvis located at 5716 W. Market Street in Connection With the W. Market St/College Rd Intersection & Sidewalk 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 a Proposed Margin Tract (PMT) of 2,138 square feet, Proposed Permanent Slope Easement (PSE) of 815 square feet and a proposed Temporary Construction Easement (TCE) containing 505 square feet, of the property owned by Victor R. Sarvis located at 5716 W. Market Street designated as Tax Map # 30-894-N-43/Parcel #0075110 in the Morehead/Gilmer Township for the W. Market St/College Rd Intersection & 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 $140,000.00 for the property. The value of the property was calculated by an independent appraiser, Tonya L. Brady, MAI, SRA, of McNairy & Associates, 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 April 23, 2013. Furthermore, PM spoke with the property owner and its attorney from April 2013 to May 2013 to negotiate a purchase.
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 Coun...
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