Title
A resolution authorizing the use of eminent domain to acquire real property owned by Gerald R. Haag and Jacqueline V. Haag needed to complete the Woodmen Road Corridor Improvement Project
Body
From:
Travis Easton, Director of Public Works
Mike Chaves, Engineering Manager, CIP
Summary:
The attached Resolution authorizes Staff to proceed with the use of Eminent Domain to finalize the acquisition of: two (2) parcels of the real property in fee simple; three (3) permanent easements; and two (2) temporary easements (collectively, the Property). The Property is to be acquired from Gerald R. and Jacqueline V. Haag (collectively, the Owner) at Lot 23, Block 8, Columbine Estates, otherwise known as 2814 East Woodmen Road. The Owner has voluntarily entered into a Real Estate Purchase Agreement (Agreement) with the City to sell the Property. 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 Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP (the Lender). To date, the Lender has not released the Property from the lien created by said deed of trust. There are also three (3) junior lienholders in addition to the Lender. The City cannot take title to the Property subject to the prior liens, and the Lender's inability, to date, to issue a partial release makes it impossible for the City to close and complete the acquisition of the Property from the Owner. 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 Wo...
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