File #: ID 15-0369    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 BRC Greensboro Retail, LLC located at 5701 W. Market Street in connection with the W. Market Street/College Road Intersection & Sidewalk Project.
Attachments: 1. BRC - Sitemap 1210 (5701 W Market St).pdf, 2. BRC -Vicinity 1210 (5701 W Market St).pdf, 3. SOS - BRC Greensboro Retail LLC.pdf, 4. 15-0369 Resolution - BRC Greensboro Retail, LLC - 00031175.pdf

Title
Resolution Authorizing City Attorney to institute proceedings to condemn a portion of the property owned by BRC Greensboro Retail, LLC located at 5701 W. Market Street in connection with the W. Market Street/College Road Intersection & Sidewalk Project.

Body
Department: Legal
Council District: 5

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 Margin Tract (PMT) of 155 square feet, Proposed Permanent Slope Easement (PSE) of 112 square feet and a proposed Temporary Construction Easement (TCE) containing 869 square feet, of the property owned by BRC Greensboro Retail, LLC located at 5701 W. Market Street designated as Parcel # 0042648 in the Morehead Township for the W. Market Street/College Road Intersection & 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 $3,325.00 for the property. The value of the property was calculated by an independent appraiser, Tonya L. Brady, MAI, SRA, of McNairy & Associates, 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 September 18, 2014. Furthermore, PM spoke with the property owner from September 2014 to February 2015 to negotiate a purchase.
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 adop...

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