Title
NW 45th Avenue Roadway Construction Project (B)
Explanation
City staff has made numerous attempts to obtain the right-of-way needed from Thomas Emmel to complete the roadway reconstruction of NW 45th Avenue(a 1996 Road Bond Project). Negotiations commenced December of 1999 with Mr. Emmel, but he has refused to negotiate. The City needs approximately .080 acres along the north side of the Emmel property located at 1717 NW 45th Avenue, referred to as parcel 95-28-01, a portion of the parent parcel number 7914. This property has an appraised value of $4,500.00, which the City offered. Mr. Emmel has not responded to this offer. City Staff needs approval from the City Commission before initiating the eminent domain process.
Fiscal Note
The eminent domain process requires that the appraised amount be placed with the Registry of the Court. At the hearing, the judge will determine the amount to be paid to Mr. Emmel. It can be the original amount or greater. The funding needed for this process is available in the NW 45th Avenue Reconstruction Capital Project Account.
Recommendation
The City Commission: 1) approve the resolution authorizing condemnation of .080 acres of the property located at 1717 NW 45th Avenue, referred to as parcel 95-28-01, a portion of the parent parcel number 7914; 2) authorize the City Manager or his designee to execute any applications, agreements, or any other related documents and take any other actions necessary to complete the eminent domain process, subject to approval of the City Attorney as to form and legality.