Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Diering Properties, LLC Located at 3225 Battleground Avenue in Connection with the Battleground Westridge Intersection Improvement Project
Body
Department: Legal
Council District: 4
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Kenney McDowell, E & I, ext. 2302
Contact 2 and Phone: John P. Roseboro, Assistant City Attorney, ext. 2320
PURPOSE: The City seeks to acquire a proposed Margin Tract containing 197 square feet, a proposed Permanent Drainage Easement (PDE) containing 514 square feet, and a proposed Temporary Construction Easement (TCE) containing 325 square feet of the property owned by Diering Properties, LLC located at 3225 Battleground Avenue, designated as Parcel # 0036449 in the Morehead /Gilmer Township for the Battleground Westridge Intersection Improvement 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 $12,300.00 for the property. An independent appraiser, Steven C Randall, Certified General Real Estate Appraiser, A5784, calculated the value of the property for the City. 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 28, 2016. PM spoke with the property owner on multiple occasions to discuss the design and offer. The property owner rejected the offer and declined to make a counteroffer. 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 ado...
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