File #: ID 15-0366    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/22/2015 In control: City Council
On agenda: 5/5/2015 Final action: 5/5/2015
Title: Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the property owned by Ching, LLC located at 811 South Elm Street in connection with the Bragg Street at South Elm Street Intersection Storm Sewer Improvement Project.
Attachments: 1. Ching, LLC - Sitemap 1208 (811 S Elm St).pdf, 2. Ching, LLC - Vicinity 1208 (811 S Elm St).pdf, 3. SOS - Ching, LLC.pdf, 4. 15-0366 Resolution - Ching, LLC 00031172.pdf

Title
Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the property owned by Ching, LLC located at 811 South Elm Street in connection with the Bragg Street at South Elm Street Intersection Storm Sewer Improvement Project.

Body
Department: Legal
Council District: 2

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 Proposed Permanent Drainage Easement (PDE) of 143 square feet, a Proposed Permanent Drainage Easement (PDE) of 2,307 square feet, a Proposed Permanent Drainage Easement (PDE) of 3,115 square feet, a Temporary Construction Easement (TCE) containing 5,008 square feet, and a proposed Temporary Construction Easement (TCE) containing 817 square feet of the property owned by Ching, LLC located at South Elm Street designated as Parcel #0001206 in the Morehead/Gilmer Township for the Bragg Street at South Elm Street Intersection Storm Sewer Improvement 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 $6,380.50 for the property. The value of the property was calculated by an independent appraiser, Lynn B. Ritchy, GA of LR Appraisals 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 January 6, 2015. Furthermore, PM spoke with the property owners from January 2015 to February 2015 to negotiate a purchase. PM made every reasonable effort to...

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