Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Landmark Henry, LLC Located at 4428 W. Wendover Avenue in Connection with the Hilltop Sewer Improvement Project
Body
Council Priority: Maintain Infrastructure and Provide Sustainable Growth Opportunities
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 1,028 square feet and a proposed Permanent Utility Easement (PUE) of 1,646 square feet of the property owned by Landmark Henry, LLC located at 4428 West Wendover Avenue, designated as Parcel No. 0074474 in the Morehead Township for the Hilltop Sewer Improvement 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 $128,400.00 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 email Offer to Purchase to the property owner in early January 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 ...
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