Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of John E. Keith and Cynthia K. Winkler 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: John P. Roseboro, Assistant City Attorney, ext 2320
PURPOSE: The City seeks to acquire a Permanent Slope Easement (PSE) of 59 square feet and a Temporary Construction Easement (TCE) of 250 square feet, of the property owned by John E. Keith and Cynthia K. Winkler located at 1549 Lovett Street, designated as Parcel # 0008776 and Tax Map # 84-4-49 in the Morehead/Gilmer Township for the Lovett Street Sidewalk Improvement Project.
BACKGROUND: This project consists of installing 5,000 linear feet of sidewalk along both sides of Lovett Street. 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). PM attempted to negotiate a purchase within the total appraised value of $185.00 for the property. The value of the property was calculated by an independent appraiser, Jeffrey A. McKee, who 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 5, 2012. Furthermore, PM tried to contact the property owners numerous times from October 2012 to March 2013 to negotiate a purchase. PM made every reasonable effort to purchase the property within the appraised amount, but their efforts were not successful. In light of incurring the expenses of a condemnation to acquire the relative...
Click here for full text