Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property Owned by Florida Street Baptist Church, Inc. Located at 1401 West Florida 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: John P. Roseboro, Assistant City Attorney, ext 2320
PURPOSE: The City seeks to acquire a Temporary Construction Easement (TCE) of 503 square feet, of the property owned by Florida Street Baptist Church, Inc. located at 1401 W. Florida Street, designated as Tax Map # 84-04-02/Parcel # 0008735 in the Morehead/Gilmer Township for the Lovett Street Sidewalk Improvement Project. 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).
BACKGROUND: PM attempted to negotiate a purchase within the total appraised value of $320.00 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 9, 2012. Furthermore, PM contacted the property owner numerous times from October 2012 to November 2014 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 relatively small easem...
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