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File #: RES 2020-006    Version: 1 Name:
Type: Resolution Status: Passed
File created: 12/31/2019 In control: Town Council
On agenda: 1/7/2020 Final action: 1/7/2020
Title: Resolution Authorizing the Acquisition and Possession of Certain Real Property through the Statutory Condemnation Process in furtherance of Construction of the 2020 Plum Creek Parkway Widening and Roundabout Transportation Project
Attachments: 1. Attachment A: Resolution, 2. Exhibit A: Property Interests, 3. Presentation

To:                     Honorable Mayor and Members of Town Council

 

From:                     Robert J. Slentz, Town Attorney

 

Title

Resolution Authorizing the Acquisition and Possession of Certain Real Property through the Statutory Condemnation Process in furtherance of Construction of the 2020 Plum Creek Parkway Widening and Roundabout Transportation Project

Body

________________________________________________________________________________

 

Executive Summary

 

This Resolution authorizes the filing of a condemnation petition and a request for immediate possession of a 6301 square foot right-of-way parcel and a 29,169 square foot permanent easement, which are depicted in the attachment (the “Property Interests”). The Property Interests are necessary for construction of the Eaton/Plum Creek Parkway roundabout in conjunction with the Plum Creek Parkway widening. The Property Interests are part of the Rolling Hills Apartments’ ownership.

 

The Town appraisal valued the Property Interests at $83,019, the landowner appraisal at $135,000. We offered our appraisal value as the initial offer, the landowner responded at its appraised value of $135,000. We increased our offer to $99,622, but the landowner was unwilling to come off its appraisal and did not counter our revised offer. We agreed to the $135,000 in order to expedite the acquisition. This agreement on just compensation was reached several months ago. However, over the intervening months, we have been unable to obtain a commitment as to when the landowner can obtain a release of the underlying deed of trust, which would then enable a closing under a purchase contract. We still do not have that assurance as to a firm closing date, nor are we in agreement on all of the terms of an acceptable purchase contract.

 

The Project should be ready to start construction in early April, and we run the risk that this acquisition could delay the start, unless we start the condemnation process now. With filing of the petition, we can seek Court authorization to obtain possession of the Property Interests for construction while we either finalize a contractual closing or ultimately the Court grants us these properties by Rule and Order. In either event, we remain committed to pay just compensation of $135,000.

 

Staff Recommendation

 

Staff recommends approval of the Resolution as presented.

 

Proposed Motion

 

“I move to approve the Resolution as presented.”

 

Attachments

 

Attachment A: Resolution

Exhibit A: Property Interests