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In the case of this public parcel, it is recommended that permission for the pathway be granted by resolution. We have attached a resolution for the council's approval to meet this requirement. Additional Easement Acquisition Our right- of- way must be acquired or have condemnation proceedings begun by March 31, 2005, or we will lose the $1,368,338 in federal funding. Since last August, the staff and the city attorney have been in contact with all property owners from which right-of-way is needed and have been negotiating the easement purchases. As indicated above, we have acquired 6 of the 9 easements from private property owners. In order to ensure that we meet the deadline, we need to consider beginning the process to acquire the necessary right-of-way by eminent domain. This process involves a number of legal steps that, once a condemnation resolution is approved, will take 90 days to complete. Only 3 properties would be included in the condemnation resolution. These are Triangle Warehouse, JCPenney's and Rosedale. As shown on the easement summary, we need a tem�or� construction easement, fra� Tri:��s�l� ��'3��t��:k� to relocate a h�drant. We need permanent easements from both JCPenney's and Rosedale, to construct the pathway. We have been negotiating with these property owners in good faith for the past 6 months We made our initial contact with Triangle Warehouse in August. We reached a verbal agreement with the owner in September, and have been waiting for a signed copy of the easement ��;r��,n �n:. I��f � 5�� I��,v� f��i � l�y C� ��11' lll� �k�� IlCF OL7 ��kTw_n{� wi � sinc� �a rly December, h�ru�� ti•�r, �ht i}5k' Il ke k5�; e�� rt.t�lri ��I ��r ��I:�. Adj acent to JCPenney's parcel, we need to acquire a S�aati�aride easement to reconstruct the pathway and build retaining walls. Their real estate department is located in Texas, we have sent them copies of the plans, project information, and easement documents. We have also made them an offer for the easement based on the property appraisal. The city attorney has repeatedly left messages for their representatives to discuss our offer, but they have been non-responsive. Unfortunately, their responses to our letters, emails and phone calls, have been limited. At this time, we have not been successful in acquiring this easement. Along Rosedale's property we needed to acquire a 5 foot wide easement to reconstruct the pathway, and build retaining walls. We had made cbntact with Rose�ale last fall, and were in the process of negotiating the easement for the pathway prior to their PUD application. After their land use application, we added the easement dedication as a condition of their PUD approval and suspended negotiations during the approval process. However, because they are not moving forward with final PUD approval, we have restarted negotiations for this easement. At this time, we have not been successful in acquiring this easement. Policy objectives: Whenever possible, the City attempts to acquire right-of-waythrough negotiations. These negotiations are conducted in such a manner as to offer all similar properties a fair market value. In cases where a fair price cannot be negotiated, the City may exercise its power of eminent domain to secure the right-of-way. Such proceedings rely upon the court to determine a fair price. F�.�..eff��be made to complete the needed acquisitions without condemnation. In the past 17 years, the City has reached negotiated settlements with property ._-.-��