File #: ID 15-0728    Version: 1 Name:
Type: Resolution Status: Passed
File created: 8/18/2015 In control: City Council
On agenda: 9/1/2015 Final action: 9/1/2015
Title: Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Kotis Properties, Inc. (f/k/a Commercial Investments of Greensboro, Inc., f/k/a Real, Inc.), Located at 2909-2999 Horse Pen Creek Road in Connection with the Horse Pen Creek Road Widening Project.
Attachments: 1. Sitemap (2909 2999 Horse Pen Creek Rd).pdf, 2. Vicinity (2909 2999 Horsepen Creek Rd).pdf, 3. NCSOS - Kotis00033475.pdf, 4. 15-0728 Kotis - Resolution 00033473.pdf

Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Kotis Properties, Inc. (f/k/a Commercial Investments of Greensboro, Inc., f/k/a Real, Inc.), Located at 2909-2999 Horse Pen Creek Road in Connection with the Horse Pen Creek Road Widening 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 Proposed Margin Tract (PMT) of 64,189 square feet, a Proposed Permanent Slope Easement (PSE) of 11,972 square feet, a Proposed Permanent Slope Easement (PSE) of 170 square feet, a Proposed Permanent Drainage Easement (PDE) of 2,497 square feet, a Proposed Temporary Construction Easement (TCE) of 12,091 square feet of the property owned by Kotis Properties, Inc. (f/k/a Commercial Investments of Greensboro, Inc., f/k/a Real, Inc.) located at 2909-2999 Horse Pen Creek Road, designated as Parcel # 0096068 in the Morehead/Gilmer Township for the Horse Pen Creek Road Widening 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.

BACKGROUND: PM attempted to negotiate a purchase within the total appraised value of $112,033.00 for the property. The value of the property was calculated by an independent appraiser, D. Lynn Cable, MAI, Real Estate Appraiser A4361, 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 communicated with the property owner on multiple occasions from December of 2014 to March of 2015 to negotiate a purchase. PM made every ...

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