File #: ID 16-0408    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/27/2016 In control: City Council
On agenda: 5/17/2016 Final action: 5/17/2016
Title: Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Nicholas Semaan and Souheila Semaan Located at 4400 Laurel Run Drive in Connection with the Horse Pen Creek Road Widening Project
Attachments: 1. Sitemap 1307 (4400 Laurel Run Dr), 2. Vicinity 1307 (4400 Laurel Run Dr), 3. 16-0408 Resolution- N. Semaan

Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Nicholas Semaan and Souheila Semaan Located at 4400 Laurel Run Drive 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 356 square feet, a Proposed Permanent Slope Easement (PSE) of 535 square feet, and a Proposed Temporary Construction Easement of 951 square feet of the property owned by Nicholas Semaan and Souheila Semaan, located at 4400 Laurel Run Drive, designated as Parcel # 0080485, 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 $26,835.00 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 August 11, 2015. Property owner's attorney responded with a counter offer of $42,000.00. PM discussed design and offer via email with the attorney. On January 11, 2016 PM increased the offer to $30,300.00. The new offer was not accepted. PM made every reasonable effort to purchase the property within the appraised amount, but its e...

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