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File #: 0193X-2019    Version: 1
Type: Resolution Status: Passed
File created: 6/13/2019 In control: Public Service & Transportation Committee
On agenda: 7/15/2019 Final action: 7/17/2019
Title: To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Roadway Improvements - Livingston Avenue Phase B project. ($0.00)
Attachments: 1. 10-T, 2. 10-WD, 3. 11-T, 4. 12-P, 5. 40-WD, 6. 41-P, 7. 41-T, 8. 48-T, 9. 48-WD, 10. 49-T1, 11. 49-T2, 12. 50-T, 13. 53-T, 14. 55-T, 15. 58-T, 16. 59-P, 17. 59-T, 18. 62-WD, 19. 62-WL
Explanation

BACKGROUND: The City’s Department of Public Service (“DPS”) is performing the Roadway Improvements - Livingston Avenue Phase B project. (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Livingston Avenue from High Street to Fifth Street (collectively, “Real Estate”) in order for DPS to timely complete the Public Project. The City passed Ordinance Numbers 2407-2016 and 3122-2018 authorizing the City Attorney to acquire the Real Estate. Accordingly, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the owners of the Real Estate in good faith regarding the amount of just compensation.

CONTRACT COMPLIANCE: Not applicable.

FISCAL IMPACT: Not applicable.

EMERGENCY JUSTIFICATION: Not applicable.

Title

To declare the City’s necessity and intent to appropriate and accept certain fee simple title and lesser real estate in order to complete the Roadway Improvements - Livingston Avenue Phase B project. ($0.00)

Body

WHEREAS, the City intends to improve certain public right-of-way by allowing the Department of Public Service (“DPS”) to engage in the Roadway Improvements - Livingston Avenue Phase B project. (“Public Project”); and

WHEREAS, the City intends for the City Attorney to acquire the necessary fee simple title and lesser real estate located in the vicinity of Livingston Avenue from High Street to Fifth Street (“Real Estate”) in order to complete the Public Project; and

WHEREAS, the City intends for the Real Estate’s acquisition to help make, improve, or repair certain portions of public right-of-way and associated appurtenances, which will be open to the public without charge; and

WHEREAS, the City intends to appropriate and accept the Real Estate in the event the City Attorney is unable to (i) locate the owners of the Real Estate, or (ii) agree with the own...

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