File #: ID 16-0331    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/7/2016 In control: City Council
On agenda: 4/19/2016 Final action: 4/19/2016
Title: Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Carol B. Sellars Located at 3240 Horse Pen Creek Road in Connection with the Horse Pen Creek Road Widening Project
Attachments: 1. Sitemap- Carol B. Sellars, 2. Vicinity Map- Carol B. Sellars, 3. 16-0331 Resolution- Carol B. Sellars

Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Carol B. Sellars Located at 3240 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 of 3,652 square feet, a Proposed Permanent Slope Easement (PSE) of 2,843 square feet, a Proposed Permanent Drainage Easement (PDE) of 2,004 square feet and a Proposed Temporary Construction Easement of 1,841 square feet of the property owned by Carol B. Sellars, located at 3240 Horse Pen Creek Road, designated as Parcel # 0080396 in the Morehead 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(s).

BACKGROUND: PM attempted to negotiate a purchase within the total appraised value of $34,980.00 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 an initial written Offer to Purchase to the property owner(s) on June 24, 2015. PM spoke with the property owner on multiple occasions to discuss the design and offer from January 2015- October 2015. A counteroffer was made by her attorney and PM made a new offer of $39,000.00. The new offer was not accepted. PM made every reasonable effort to purchase th...

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