Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Fisher Eugene, LLC, Located at 622 N. Eugene Street in Connection with the Downtown Greenway Phase 2E & 3A Project
Body
Department: Legal
Council District: 3
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 Margin Tract of 554 square feet, a Permanent Slope Easement (PSE) of 117 square feet, a Permanent Slope Easement (PSE) of 109 square feet, and a Temporary Construction Easement (TCE) of 868 square feet, of the property owned by Fisher Eugene, LLC, located at 622 N. Eugene Street, designated as Parcel # 0000674 in the Morehead/Gilmer Township for the Downtown Greenway Phase 2E & 3A 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 $15,810.00 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 January 24, 2014. PM corresponded with the property owner on numerous occasions from January of 2014 to June of 2015 to discuss the design and offer. The property owner rejected this offer. PM made every reasonable effort to purchase the property within the appraised amount, but its efforts were not successful. Therefore, PM recom...
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