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File #: ID 20-0533    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/30/2020 In control: City Council
On agenda: 7/21/2020 Final action: 7/21/2020
Title: Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of the Heirs of Jas J. Busick and Lula Busick Located at Lowdermilk Street Railway in Connection with the Lowdermilk/Sykes Realignment Project
Attachments: 1. Sitemap 1577 (Lowdermilk_Sykes - Busick).pdf, 2. Vicinity 1577 (Lowdermilk_Sykes - Busick).pdf, 3. 20-0533 RES Busick.pdf
Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of the Heirs of Jas J. Busick and Lula Busick Located at Lowdermilk Street Railway in Connection with the Lowdermilk/Sykes Realignment 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 604 square feet and a proposed Permanent Utility Easement of the property owned by the heirs of Jas J. Busick and Lula Busick located at the Lowdermilk Street Railway, no designated parcel no. in the Morehead/ Gilmer Township for the Lowdermilk/ Sykes Realignment 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. 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 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 discove...

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