Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Preferred Investments, Inc. Located at 7325 CE W. Friendly Avenue in Connection with the West Friendly Avenue Sidewalk Project
Body
Department: Legal
Council District: 5
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 proposed Temporary Construction Easement (TCE) of 1,262 square feet of the property owned by Preferred Investments, Inc. located at 7325 CE W. Friendly Avenue, designated as Parcel No. 0099485 in the Morehead / Gilmer Township for the West Friendly Avenue 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 $11,875.00 for the property. An independent appraiser, Charles D. Foster, Certified General Real Estate Appraiser, A1070, 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 February 28, 2018. 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 filed and discovery is completed, a mediation or Commissioner’s Hearing, or both, are held to try to resolve the matter with the property owner before trial. Additionally, the parties are free to continue negotiations through the date of trial.
The West Friendly Avenue Sidewalk Project is to provide pedestrians with a safe walking route along West Friendly Avenue, connecting existing sidewalks from West Market Street to New Garden/ College Road.
The acquisition necessary for this property is a proposed Temporary Construction Easement (TCE) of 1,262 square feet for the property located at 7325 CE W. Friendly Avenue.
The anticipated date for start of construction is August, 2018 with an anticipated completion date of December, 2019. The property is zoned HI (Heavy Industrial).
City staff further recommends that the City Council authorize payment of the estimated amount of the value of the properties to the Clerk of Superior Court for disbursement to the owner. This will allow the City to take possession, which is required before work for this Project can commence on the properties.
BUDGET IMPACT: The funding for this condemnation is budgeted in Account Number 471-4502.15.6012 Activity #A11171. The funding comes from the Greensboro Department of Transportation funding. A minimum of $11,875.00 will be expended to acquire this property, in addition to any litigation costs and/or settlement agreements.
RECOMMENDATION / ACTION REQUESTED: City Council approval of a resolution authorizing the City Attorney to institute proceedings to condemn a portion of the property of Preferred Investments, Inc. in connection with the West Friendly Avenue Sidewalk Project.