Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of the Heirs of Cicero Smith Located at 8121 Old 421 Road in Connection with the Guilford/Randolph Mega-Site Water and Sewer Extension Project
Body
Department: Legal
Council District: N/A
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Kenny McDowell, Engineering Director, ext. 4578
Contact 2 and Phone: John Roseboro, Deputy City Attorney, ext. 2320
PURPOSE: The City seeks to acquire a Proposed Permanent Utility Easement (PUE) of 17,262 square feet of the property owned by the heirs of Cicero Smith, located at 8121 Old 421 Road, designated as Parcel No. 75568 in the Liberty Township for the Guilford/ Randolph Mega-Site Water and Sewer Extension 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 $5,200.00 for the property. The appraised value was based on appraisals of like property, performed by an independent certified appraisal company, McNairy and Associates. 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 the property on February 8, 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 fil...
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