The West Alabama Street Paving and Drainage Project (Weslayan - Buffalo Speedway) provides for right-of-way acquisition, design and reconstruction of an undivided concrete roadway with storm drainage, curbs, sidewalks, driveways, street lighting, traffic control and the necessary underground utilities. The project will replace a street that has deteriorated beyond economic repair and normal maintenance. It will improve traffic circulation, mobility and drainage in the service area. These improvements will upgrade the existing roadway to Major Thoroughfare and Freeway Plan (i.e. MTFP) standards.
This eminent domain proceeding involves the acquisition of a permanent easement containing 1,006 square feet (0.0231 acre) of land located at 3701 West Alabama. Efforts by Public Works and Engineering to negotiate the purchase failed, and the matter was referred to the Legal Department to initiate eminent domain proceedings to acquire the needed property. The Legal Department filed the eminent domain case and served notice on the parties as required by law. The Legal Department retained the same appraiser utilized by Public Works and Engineering.
Before the Special Commissioners’ Hearing, the parties entered into negotiations and were able to reconcile their differences and resolve all issues and matters in controversy. The agreement is subject to City Council’s approval and in lieu of further condemnation actions by the City. The landowner’s attorney agreed to convey the needed property by deed to the City for the total sum of $139,500.00. The agreed-upon consideration is $15,059.00 more than the City’s final offer, but is supported by the evidence available to this office. It is unlikely the City would benefit from further litigating this matter.
We recommend that the City Attorney be authorized by Motion to purchase Parcel AY15-069 for the total sum of $139,500.00. Funding will be provided by a previously approved blanket Appropriation Ordinance.