Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Setsuya Kotani and Ruth Katzenstein Located at 4242 McConnell Road in Connection With the Youngs Mill Outfall Project
Body
Department: Legal
Council District: N/A Guilford County
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 Permanent Utility Easement (PUE) of 7,842 square feet of the property owned by Setsuya Kotani and Ruth Katzenstein located at 4242 McConnell Road, designated as Parcel No. 0116907 in the Jefferson Township for the Youngs Mill Outfall 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 $784.20 for the property. Independent appraisers, Merritt Wilson (license#A-7427) and Dick Foster (license# A-1070) Certified General Real Estate Appraisers, calculated and submitted the value of the property for the City. The appraisers 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 owners on May 25, 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 lawsu...
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