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File #: ID 19-0337    Version: 1 Name:
Type: Resolution Status: Passed
File created: 4/29/2019 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 Arlene Herbin Located at 1208 N English Street in Connection with the English Street Sidewalk Project
Attachments: 1. Sitemap 1512 (1208 N English St).pdf, 2. Vicinity 1512 (1208 N English St).pdf, 3. 19-0337 Herbin-resolution.pdf
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Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Arlene Herbin Located at 1208 N English Street in Connection with the English Street Sidewalk Project

Body
Department: Legal
Council District: 1

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 Margin tract of 422 square feet and a Proposed Temporary Construction Easement (TCE) of 478 square feet of the property owned by Arlene Herbin located at 1208 North English Street, designated as Parcel No. 0019900 in the Morehead Township for the English Street 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 $1,125.00 for the property. An independent appraiser, Lynn Ritchy, Certified General Real Estate Appraiser, A2814, 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 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 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 Heari...

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