Title
A resolution authorizing the use of eminent domain to acquire real property owned by Delores Art needed to complete the Woodmen Road Corridor Improvement Project
Body
From:
Travis Easton, Public Works Director
Mike Chaves, Engineering Manager
Summary:
The attached Resolution authorizes Staff to proceed with the use of Eminent Domain to finalize the acquisition of a portion of the real property, a permanent easement and two (2) temporary easements (collectively, the Property) from Ms. Delores Art at 2952 East Woodmen Road. Ms. Art has voluntarily entered into a Real Estate Purchase Agreement (Agreement) with the City. The Agreement provides the City with possession of the Property upon deposit of the agreed upon consideration in escrow at Land Title Guarantee Company (the Title Company). The City deposited said consideration on June 1, 2015, in anticipation of closing. The Property is subject to a deed of trust for the benefit of Plaza Home Mortgage LLC, and its assigns (the Lender). The Lender is unwilling to release the Property from the lien created by said deed of trust. The City cannot take title to the Property subject to the prior lien, and the Lender's refusal to issue a partial release makes it impossible for the City to close and complete the acquisition of the Property from Ms. Art. City Council approved the Real Estate Purchase Agreement and authorized acquisition of the Property on April 28, 2015.
Previous Council Action:
? On February 22, 2000, City Council approved the first phase of funding $1,788,134 for the widening of Woodmen Road from I-25 to Lexington Drive
? On November 12, 2002, City Council approved increased funding to $7,033,400 for the widening of Woodmen Road from I-25 to Powers Boulevard
? On June 22, 2004, City Council approved increased funding to $7,401,740 for the widening of Woodmen Road from I-25 to Powers Boulevard
? On January 24, 2006, City Council approved a resolution e...
Click here for full text