Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Trung T. Nguyen and Hoan My Tang Located at 2313 Four Seasons Boulevard in Connection with the Four Seasons Boulevard 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: Kenny McDowell, Engineering Director, ext. 4578
Contact 2 and Phone: Alan Andrews, Deputy City Attorney, ext. 2320
PURPOSE: The City seeks to acquire a Proposed Margin Tract of 24 square feet of the property owned by Trung T. Nguyen and Hoan My Tang located at 2313 Four Seasons Boulevard, designated as Parcel No. 39935 in the Morehead/ Gilmer Township for the Four Seasons Boulevard 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(s).
BACKGROUND: PM attempted to negotiate a purchase within the total appraised value of $300.00 for the property. A claim report was submitted that calculated the value of the property 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 March 29, 2018. 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 completed, a mediation or Commissioner's Hearing, or both, are held to...
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