Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Premier Stores, Inc. Located at 3901 North Church Street in Connection with the Pisgah Church Road Sidewalk Project
Body
Department: Legal
Council District: 2
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Ted Kallam, Engineering Manager, ext. 2883
Contact 2 and Phone: John P. Roseboro, Deputy City Attorney, ext. 2320
PURPOSE: The City seeks to acquire a proposed Margin Tract of 1,708 square feet, and a proposed 6 foot Temporary Construction Easement (TCE) of 1,531 square feet of the property owned by Premier Stores, Inc. located at 3901 N. Church Street, designated as Parcel No. 0092895 in the Morehead /Gilmer Township for the Pisgah Church Road 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.
BACKGROUND: PM attempted to negotiate a purchase within the total appraised value of $39,442.00 for the property. An independent appraiser, Charles D. Foster, General Appraiser A1070, 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 on May 18, 2017. PM made several attempts 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 Department will send a letter to the owner giving him at least thirty (30) days' notice of the City's intent to file an eminent domain lawsuit. After the lawsuit is file...
Click here for full text