Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of the Estate of Allitia S. Isaac Located at 1513 Pisgah Church Road in Connection with the Pisgah Church Road Sidewalk Project
Body
Department: Legal
Council District: 3
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 1,116 square feet and a proposed Temporary Construction Easement (TCE) of 1,697 square feet of the property owned by the estate of Allitia S. Isaac, located at 1513 Pisgah Church Road, designated as Parcel No. 0054692 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 $4,104.00 for the property. An independent appraisal company, Foster Appraisal Services, Inc., calculated and submitted the value of the property to NCDOT. 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, 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. Afte...
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