Title
Resolution Authorizing City Attorney to Institute Proceedings to Condemn a Portion of the Property of Windsor Investments of North Carolina, LLC Located at 1011 S. Elm Street in Connection with the Vance-Arlington Connector Project
Body
Council Priority: Maintain Infrastructure and Provide Sustainable Growth Opportunities
Department: Legal
Council District: 2
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 50 square feet and a Proposed Temporary Construction Easement (TCE) of 88 square feet of the property owned by Windsor Investments of North Carolina, LLC located at 1011 S. Elm Street, designated as Parcel No. 0003198 in the Morehead/ Gilmer Township for the Vance-Arlington Connector 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 $125.00 for the property. A Claim report was used to determine the value of the property for the City. The claim report calculated land values based on appraisals performed by D. Lynn Cable, a certified real estate appraiser, of like properties 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 June 30, 2020. 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 thi...
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