Memorandum
City of
Legal Department
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To: |
David L. Corliss,
City Manager Toni Ramirez
Wheeler, Director, Legal Department |
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From: |
R. Scott Wagner,
Management Analyst |
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Cc: |
Cynthia Boecker,
Assistant City Manager Diane Stoddard,
Assistant City Manager Mike Lawless,
Department of Utilities |
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Date: |
May 5, 2008 |
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Re: |
Property
Acquisition-Kirk Tract: West Baldwin
Creek Project |
The Governing Body previously authorized staff to proceed with the West Baldwin Creek Sanitary Sewer Improvement Project and recreation trail. The City negotiated settlements with 12 property owners for the necessary property interests for the project. On March 4, 2008 the Governing Body passed Ordinance No. 8197 ordering condemnation of certain real estate interests for the project, to ensure the necessary interests were timely acquired to maintain the project schedule. An eminent domain petition was filed in Douglas County District Court on March 19, 2008 to acquire the remaining property interests. The City has reached an agreement with one of the two remaining property owners.
On Tract 23, the City is acquiring a 1.415 acre tract in fee simple (map), along with a temporary construction easement (map) from Katherine L. Kirk in the amount of $60,000.00. The proposed settlement includes compensation for damages to the remainder of the tract, which is improved with a single family residential structure. An appraisal report prepared by Aul & Hatfield Appraisals suggested potential damages to the entire property value in the range of 5-10%.
Initially, the City attempted to secure a pedestrian and utility easement from the property owner for the project. However, purchase of the easement rights would have essentially severed a portion of the owner’s property without access. By purchasing the tract in fee simple, this situation is resolved.
Action Requested:
Authorize the City Manager to execute a purchase agreement in the amount of $60,000.00 from Katherine L. Kirk, for the above property interests.
Attachments: Ordinance No. 8197
Temporary Construction Easement Map
West Baldwin Creek Project Map