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Committee reviews condemnation request and two right-of-way license agreements
Summary
Public Works staff requested condemnation to acquire a small sidewalk easement after 15 months of unsuccessful owner contact, and described two license agreements allowing private improvements within the street right-of-way; no final council action was taken in committee.
The committee considered multiple right-of-way property matters, including a resolution asking permission to initiate condemnation proceedings to acquire a sidewalk easement from AFI Properties LLC for an arterial-street rehabilitation project on 15th Street, and two license agreements allowing private property owners to place improvements within the public right-of-way.
Paul Zachary of the Public Works Department said the arterial rehabilitation project on 15th Street from Harvard to Yale requires a small corner parcel to construct a ramp. He said staff estimated the property valuation at about $400 and have spent roughly 15 months attempting to contact the owner via multiple addresses and phone numbers without a response. Zachary said the department is asking the committee to authorize eminent-domain proceedings to deposit funds and allow the court to resolve ownership so the ramp construction can proceed.
Zachary also presented a license agreement permitting James R. Higgins and Holly C. Berry to install and maintain a split-rail wooden fence within the right-of-way at a neighborhood property, noting the applicants obtained required Board of Adjustment approvals and will accept responsibility to remove or replace materials if utilities or maintenance require access. He then described a license agreement for Frank W. Fellers Jr. Revocable Trust to install mixed-size landscape rocks between curb and sidewalk at 305 S. Kenosha Ave.; staff said the rocks are rounded, decorative stone that will not impede utilities and that an ADA sidewalk will remain clear.
Committee members did not record a final approval in committee; Zachary said the condemnation resolution and the license agreements will proceed to City Council for formal action.
