Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Clarence V. Daye and wife, Barbara D. Daye, Located at 605 Lowdermilk Street in Connection with the Holts Chapel Road/Lowdermilk Street Sidewalk Project
Body
Department: Legal
Council District: 1
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 Right of Way of 890 square feet, a Permanent Slope Easement (PSE) of 202 square feet, and a Temporary Construction Easement (TCE) of 429 square feet, of the property owned by Clarence V. Daye and wife, Barbara D. Daye, located at 605 Lowdermilk Street, designated as Parcel # 0022261 in the Morehead/Gilmer Township for the Holts Chapel Road/Lowdermilk Street Sidewalk 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 $1,942.00 for the property. The value of the property was calculated by an independent appraiser, Dick Foster, of Foster Appraisal Services, Inc. PM sent a written Offer to Purchase to the property owner(s) on March 22, 2016 and a follow up letter on April 11, 2016. PM corresponded with the property owner on numerous occasions from March of 2016 to November of 2016 to discuss the design and offer. The property owner rejected this offer. 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 Council's approval, the Legal ...
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