Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Portrait Homes-McAlister Place, LLC Located at 2785 Near Horse Pen Creek Road in Connection with the Horse Pen Creek Road Widening Project
Body
Department: Legal
Council District: 4
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Ted Kallam, Engineering Manager, ext 2883
Contact 2 and Phone: John P. Roseboro, Assistant City Attorney, ext 2320
PURPOSE: The City seeks to acquire a Proposed Margin Tract of 352 square feet, a Proposed Permanent Slope Easement (PSE) of 135 square feet, and a Proposed Temporary Construction Easement of 127 square feet of the property owned by Portrait Homes-McAlister Place, LLC, located at near 2785 Horse Pen Creek Road, designated as Parcel # 0077780, 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 $850.00 for the property. The value of the property was calculated by an independent appraiser, D. Lynn Cable, Certified General 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 sent an initial written Offer to Purchase to the property owner(s). PM never received a response. PM made every reasonable effort to purchase the property within the appraised amount, but its efforts were not successful. Therefore, PM recommends that the City Council adopt a resolution authorizing the City Attorney to institute proceedings to condemn the required property. Following City Co...
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