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File #: ID 19-0299    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/17/2019 In control: City Council
On agenda: 5/21/2019 Final action: 5/21/2019
Title: Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Waltrust Properties, Inc. Located at 1608 Spring Garden Street in Connection with the S. Josephine Boyd Street/ Walker Avenue Improvements Project
Attachments: 1. Sitemap 1514 (1608 Spring Garden St).pdf, 2. Vicinity 1514 (1608 Spring Garden St).pdf, 3. Secretary of State (2).pdf, 4. 19-0299 Waltrust- resolution.pdf
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Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Waltrust Properties, Inc. Located at 1608 Spring Garden Street in Connection with the S. Josephine Boyd Street/ Walker Avenue Improvements 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 Permanent Sidewalk Easement (PSE) of 37 square feet and a Proposed Temporary Construction Easement (TCE) of 125 square feet of the property owned by Waltrust Properties, Inc. located at 1608 Spring Garden Road, designated as Parcel No. 0011824 in the Morehead Township for the S. Josephine Boyd Street/ Walker Avenue 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 $1,675.00 for the property. An independent appraiser, D. Lynn Cable, Certified General Real Estate Appraiser, A4361, 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 the property on November 16, 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 or her at least thirty (30) days' notice of the City's intent to file an eminent domain la...

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