Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Page Properties, LLC Located at 829 Knox Road in Connection with the Stewart Mill Force Main Sewer Line 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 Permanent Utility Easement (PUE) of 5,188 square feet of the property owned by Page Properties, LLC located at 829 Knox Road, designated as Parcel # 0084881 in the Morehead / Gilmer Township for the Stewart Mill Force Main Sewer Line 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.
BACKGROUND: PM attempted to negotiate a purchase within the total appraised value of $21,686.00 for the property. An independent appraiser, Harold M. Messick, Certified General Real Estate Appraiser, A21, 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 on March 15, 2016 and a revised Offer Packet on March 23, 2016. PM spoke with the property owner on multiple occasions to discuss the design and offer. The property owner made a counteroffer. PM made a new offer, but it was not accepted. 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, t...
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