Title
Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the properties FOCKE & CO., INC., located at 5730 Millstream Road in connection with the Rock Creek Dairy Force Main 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 Proposed Permanent Utility Easement (PUE) of 6,436 square feet and a Proposed Temporary Construction Easement (TCE) of 1,533 square feet, of the property owned by FOCKE & CO., INC., located at 5730 Millstream Road, designated as Parcel # 0108811 in the Rock Creek Township for the Rock Creek Dairy Force Main 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 $4,400.00 for the property. The value of the property was calculated by an independent appraiser, Foster Appraisal Services, Inc., 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 November 25, 2013. PM spoke with the property owner on multiple occasions from November of 2013 to April 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 authorizing the City Attorney to institute proceedings to condemn the requ...
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