Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Resurrection Fellowship Church Located at 2107 Lees Chapel Road in Connection with the Lees Chapel 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 566 square feet, and a Temporary Construction Easement (TCE) of 1,456 square feet of the property owned by Resurrection Fellowship Church located at 2107 Lees Chapel Road, designated as Parcel No. 0078808 in the Morehead/Gilmer Township for the Lees Chapel 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 $1,150.00 for the property. The value of the property was calculated and determined by using the appraisals of similar properties on this project from an independent appraiser, D. Lynn Cable, Certified General Real Estate Appraiser. The appraiser used generally accepted appraisal methods and calculated values 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 July 14, 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 Ci...
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