Title
Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the properties owned by David Williams located at 1564 Lovett Street in connection with the Lovett Street Sidewalk Improvement 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 Slope Easement (PSE) of 100 square feet and a proposed Temporary Construction Easements (TCE) containing 301 square feet, of the property owned by David Williams, located at 1564 Lovett Street, designated as Tax Map # 108-5-27/Parcel # 0011414 in the Morehead/Gilmer Township for the Lovett Street 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 $280.00 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 October 10, 2012. PM tried to contact spoke with the property owner on one occasion from October of 2012 to April of 2013 to discuss the design and offer. The property owner was concerned about the disturbance of the landscaping and rejected this offer. PM made every reasonable effort to purchase the property within the appraised amount, but its efforts were not successful. Therefore, PM recommen...
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