Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property Owned by Max D. Ballinger, Trustee Located at 6306 Ballinger Road in Connection with the Ballinger Road Bridge No. 98 Replacement Project
Body
Department: Legal
Council District: 5
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Jim Hoffman, Interim City Attorney, ext. 2320
Contact 2 and Phone: John P. Roseboro, Deputy City Attorney, ext. 2320
PURPOSE: The City seeks to acquire a proposed Margin Tract of 2,403 square feet, a proposed Temporary Construction Easement (TCE) of 1,355 square feet, and a proposed Permanent Utility Easement (PUE) of 1,437 square feet of the property owned by Max D. Ballinger, Trustee located at 6306 Ballinger Road, designated as Parcel No. 0075449 in the Morehead/Gilmer Township for the Ballinger Road Bridge No. 98 Replacement 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 $8,325.00 for the property. An independent appraiser, Lynn B. Ritchy, Certified General Real Estate Appraiser, A2814, calculated the value of the property based on like properties. PM sent an initial written Offer to Purchase to the property owner on July 30, 2018. PM made several attempts to purchase the property within the appraised amount, but its efforts were not successful. 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 owners giving them 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,...
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