Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Church's Chicken of Greensboro NC, LLC Located at 4139 Spring Garden Street in Connection with the Spring Garden Street Sidewalk Project
Body
Department: Legal
Council District: 4
Public Hearing: NA
Advertising Date/By: NA
Contact 1 and Phone: Kenny McDowell, ext. 4578
Contact 2 and Phone: John P. Roseboro, ext. 2320
PURPOSE: The City seeks to acquire a Proposed Temporary Construction Easement (TCE) of 1,229 square feet of the property owned by Church's Chicken of Greensboro NC LLC located at 4139 Spring Garden Street, designated as Parcel No. 0042429 in the Morehead Township for the Spring Garden Street 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 $4,050.00 for the property. Land values were determined using Guilford County tax values. Landscaping, where necessary, was determined using values from local landscaping companies. PM sent an initial written Offer to Purchase the property on August 29, 2018. PM attempted to purchase the property within the appraised amount, but 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 or her 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...
Click here for full text