Title
Resolution Authorizing the City Attorney to Institute Proceedings to Condemn a Portion of the Property of Michael Marshall and Jane Marshall located at 3106 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 5,564 square feet, a Proposed Permanent Slope Easement (PSE) of 3,371 square feet, and a Proposed Temporary Construction Easement of 1,869 square feet of the property owned by Michael Marshall and Jane Marshall, located at 3106 Horse Pen Creek Road, designated as Parcel # 0078217 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 $39,760.00 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 April 6, 2015. PM spoke with the property owner on multiple occasions to discuss the design and offer. Property owner responded with a counter offer of $75,695. On November 6, 2015, PM increased the Offer to $44,000.00. The new offer was not accepted. PM made every reasonable effort to purchase the property within t...
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