7.3.
CC Regular Session
- Meeting Date:
- 09/13/2016
- By:
- Joe Langel, Administrative Services
Information
Title:
Adopt Resolution #16-09-165 Authorizing Use of Eminent Domain to Acquire a Drainage and Utility Easement over a Portion of 16259 Coquina St. N.W.
Purpose/Background:
Purpose:
The purpose of this case is to consider adopting Resolution No. 16-09-165 authorizing the City Attorney to commence an eminent domain action to obtain a drainage and utility easement.
Background:
The rear half of the property located at 16259 Coquina Street contains a natural drainage and infiltration area. Beginning in approximately 2011, the City commenced efforts to obtain a drainage and utility easement over that area in order to protect it from any alterations that could adversely affect its use for storm water drainage . The attached Survey shows the location of the proposed easement.
In order to protect the City's right to the easement, the City sought to have the owners' mortgage bank release the easement area from the mortgage. This involved numerous communications between the mortgage banks, the prior City Attorney, a title company and the current City Attorney, as well as an appraisal of the property and easement area. In November 2015, it was determined that the current mortgage bank would require payment of a substantial portion of the existing mortgage before it would release the easement area. Because such a payment is not feasible, the City is left with using its eminent domain authority to acquire the easement through condemnation.
The owners are aware of the proposed condemnation action and agree with the amount of the payment for the easement, which was determined by an appraisal ($25,500). This will, therefore, be a "friendly" condemnation whereby the court should allow the parties to stipulate to the taking without going through the usual commissioners' hearing. The purpose of the Resolution is to authorize the commencement of the eminent domain action.
The purpose of this case is to consider adopting Resolution No. 16-09-165 authorizing the City Attorney to commence an eminent domain action to obtain a drainage and utility easement.
Background:
The rear half of the property located at 16259 Coquina Street contains a natural drainage and infiltration area. Beginning in approximately 2011, the City commenced efforts to obtain a drainage and utility easement over that area in order to protect it from any alterations that could adversely affect its use for storm water drainage . The attached Survey shows the location of the proposed easement.
In order to protect the City's right to the easement, the City sought to have the owners' mortgage bank release the easement area from the mortgage. This involved numerous communications between the mortgage banks, the prior City Attorney, a title company and the current City Attorney, as well as an appraisal of the property and easement area. In November 2015, it was determined that the current mortgage bank would require payment of a substantial portion of the existing mortgage before it would release the easement area. Because such a payment is not feasible, the City is left with using its eminent domain authority to acquire the easement through condemnation.
The owners are aware of the proposed condemnation action and agree with the amount of the payment for the easement, which was determined by an appraisal ($25,500). This will, therefore, be a "friendly" condemnation whereby the court should allow the parties to stipulate to the taking without going through the usual commissioners' hearing. The purpose of the Resolution is to authorize the commencement of the eminent domain action.
Recommendation:
Staff recommends adoption of Resolution No. 16-09-165 authorizing the City Attorney to commence an eminent domain action to acquire a drainage and utility easement over part of 16259 Coquina Street.
Action:
Motion to adopt Resolution No. 16-09-165 authorizing the City Attorney to commence a condemnation action to acquire a drainage and utility easement.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Bruce Westby | Bruce Westby | 09/08/2016 01:46 PM |
| Bruce Westby | Jo Thieling | 09/08/2016 04:44 PM |
| Len Linton | Jo Thieling | 09/08/2016 04:45 PM |
| Kurt Ulrich | Kurt Ulrich | 09/08/2016 04:53 PM |
- Form Started By:
- jlangel
- Started On:
- 09/08/2016 10:45 AM
- Final Approval Date:
- 09/08/2016