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File #: 0051X-2024    Version: 1
Type: Resolution Status: Passed
File created: 3/5/2024 In control: Public Utilities & Sustainability Committee
On agenda: 4/8/2024 Final action: 4/10/2024
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 Fountain Square Stormwater Improvements Project; ($0.00)
Attachments: 1. 1 S (0.863-Acre) Easement Description, 2. 1 T1 (0.004-Acre) Easement Description, 3. 1 T2 (0.599-Acre) Easement Description, 4. 1 T3 (0.066-Acre) Easement Description, 5. 1 T4 (0.341-Acre) Easement Description, 6. 2 T1 (0.038-Acre) Easement Description
EXPLANATION

BACKGROUND: The City’s Department of Public Utilities (“DPU”) is performing the Fountain Square Stormwater Improvements Project, Project No. 610050-100000 (“Public Project”). The City must acquire certain fee simple title and lesser real estate located in the vicinity of Morse Road and Cleveland Avenue (collectively, “Real Estate”) in order for DPU to timely complete the Public Project. The City passed Ordinance Number 1874-2016 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 Fountain Square Stormwater Improvements Project; ($0.00)

BODY

WHEREAS, the City intends to improve certain public sewer infrastructure by allowing the Department of Public Utilities (“DPU”) to engage in the Fountain Square Stormwater Improvements Project, Project No. 610050-100000 (“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 Morse Road and Cleveland Avenue (“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 sewer infrastructure and associated appurtenances; 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 owners of the Real Estate in good faith regarding the amount of just...

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