Memorandum
City of
Department of Legal Services
|
TO: |
David L. Corliss,
City Manager |
|
FROM: |
Toni Ramirez
Wheeler, Director of Legal Services R. Scott Wagner,
Management Analyst |
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CC: |
Cynthia Boecker,
Assistant City Manager Diane Stoddard,
Assistant City Manager Mike Lawless, Dept.
of Utilities |
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Date: |
February 20, 2008 |
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RE: |
West Baldwin Creek
Project – Condemnation Action |
On January 29, 2008, the City Commission authorized the completion of engineering design for the West Baldwin Creek sanitary sewer project with PEC Engineering. The commission also approved proceeding with eminent domain proceedings to complete required property acquisition.
The property acquisition
team (PAT) has been working to obtain various property interests on 13 tracts
(see attached Project
Map). To date, property interests
have been acquired on all but 4 of these parcels. We have an agreement on Tract 11 and are
awaiting return of the executed easement interests, but must include this tract
in the condemnation ordinance in order to ensure timely acquisition of the
property. Negotiations with the
remaining property owners will continue, however settlement appears
unlikely. A summary of the contacts with
these property owners follows.
Initial letters to
property owners were sent by the City on June 20, 2007. In mid-July, the property acquisition team
for the City also mailed letters to effected property owners. In early August, the City’s appraisal
consultant, Aul & Hatfield Appraisals, began contacting owners to schedule
site inspections. In mid-September, the
PAT sent offer letters to each owner based on the appraisal data and copies of
the appraisal reports were provided. In
the formal offer letter, the PAT explained the property acquisition process,
including the possibility of eminent domain actions if a negotiated settlement
could not be reached. After offer
letters were sent, numerous follow-up communications with property owners,
including phone calls, emails and requests for meetings, were provided. Since the formal offer letters were sent, the
PAT has reached a negotiated settlement with a majority of the landowners affected
by the project. Additional written
offers and status updates were sent to the remaining owners in early February
2008.
Condemnation was
initiated on October 22, 2007 with the adoption of Resolution
6744. Negotiations with the
remaining property owners have continued since that time. However, in order to complete property
acquisition and to bid the project on schedule, legal staff recommends the
adoption of Ordinance
8197 which authorizes attorneys for the City to file a condemnation action
in Douglas County District Court. These
property owners will receive additional notices through the court proceedings.
Action Requested:
Adopt Ordinance 8197.