File #: ID 14-0268    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/27/2014 In control: City Council
On agenda: 5/7/2014 Final action: 5/7/2014
Title: Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the properties Lola W. Amaker, located at 915 Beaumont Ave. in connection with the Holts Chapel Outfall Project.
Attachments: 1. Resolution, 2. AmakerMaps.pdf

Title
Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the properties Lola W. Amaker, located at 915 Beaumont Ave. in connection with the Holts Chapel Outfall 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 Utility Easement (PUE) of 19,171 square feet, of the property owned by Lola W. Amaker, located at 915 Beaumont Avenue, designated as Parcel # 0022846 in the Morehead/Gilmer Township for the Holt Chapel Outfall 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 $3,050.00 for the property. The value of the property was calculated by an independent appraiser, D. Lynn Cable, MAI, 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 May 23, 2013. The encroachment of the owner's property with this design will be minimal. PM met with the property owner on multiple occasions from October of 2012 to June of 2013 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 authorizing the City Attorney to institute proceedings to condemn the required property. Following City Council's approval...

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