File #: ID 20-0267    Version: 1 Name:
Type: Resolution Status: Passed
File created: 3/9/2020 In control: City Council
On agenda: 3/31/2020 Final action: 3/31/2020
Title: Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Reverend Dr. Carl Manuel, Jr., Trustee U/W of Bettie S. Echols F/B/O Courtney Nelson Davis Located at 2609 McConnell Road in Connection with the McConnell Road Sidewalk Project
Attachments: 1. Sitemap (2609 McConnell Rd).pdf, 2. Vicinity Map (2609 McConnell Rd).pdf, 3. 20-0267 RES 2609 McConnell Rd.pdf
Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Reverend Dr. Carl Manuel, Jr., Trustee U/W of Bettie S. Echols F/B/O Courtney Nelson Davis Located at 2609 McConnell Road in Connection with the McConnell Road Sidewalk Project

Body
Council Priority: Maintain Infrastructure and Provide Sustainable Growth Opportunities
Department: Legal
Council District: 1

Public Hearing: NA
Advertising Date/By: NA

Contact 1 and Phone: Kenney McDowell, Ext. 4578
Contact 2 and Phone: Alan Andrews, Ext. 2320

PURPOSE: The City seeks to acquire a Proposed Margin Tract of 88 square feet and a Proposed Temporary Construction Easement (TCE) of 679 square feet of the property owned by Reverend Dr. Carl Manuel, Jr., Trustee U/W of Bettie S. Echols F/B/O Courtney Nelson Davis located at 2609 McConnell Road, designated as Parcel No. 21439 in the Morehead/ Gilmer Township for the McConnell Road 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 $550.00 for the property. The property value was based on tax value calculations and submitted via a claim report. PM sent an initial written Offer to Purchase to the property owner on September 5, 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 lawsuit. After the lawsuit is filed and discovery is comp...

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