Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of New Garden Cemetery Association, Inc. Located at 5619 West Friendly Avenue in Connection with the College - New Garden Road Sidewalk Project
Body
Department: Legal
Council District: 5
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 2,035 square feet and a proposed Margin Tract of 1,663 square feet of the property owned by New Garden Cemetery Association located at 5916 West Friendly Avenue, designated as Parcel No. 0075085 in the Morehead/ Gilmer Township for the College- New Garden Road 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 $18,875.00 for the property. An independent appraiser, Dick Foster, Certified General Real Estate Appraiser, license# A-1070, calculated and submitted 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 to the property owner on April 11, 2019. 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 them at least thirty (30) days' notice of the City's intent to file an eminent domain...
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