Title
Consider a memorandum/resolution authorizing the sale of real property at the intersection of Jim Avenue and Fabianna Drive.
Body
DATE: February 6, 2024
TO: Kent Cagle, City Manager
FROM: Holli Clements, City Attorney
SUBJECT: Sale of real property to the abutting private property owner
BACKGROUND AND FINDINGS:
In July 2023, City staff identified multiple properties along Jim Avenue and Fabianna Drive that potentially had fences and structures that extended beyond the property lines onto City-owned property. In response, City staff sent out notices to all identified properties instructing the owners to remove the encroachments within one year.
City staff then met with the owner of 4106 Jim Avenue, one of the above identified properties, to discuss the issue. The property currently contains a fence, large storage building, carport, and a driveway extending onto City property. Upon review, City staff determined that the storage building had been permitted but none of the other improvements were permitted.
The encroached upon section of land is located at the intersection of Jim Avenue and Fabianna Drive and is approximately 4,200 square feet in size. The City acquired the property on March 17, 2009, via deed, as part of a larger 23.3-acre tract. There is a drainage flume directly to the east and South Nolan Creek to the south of the property.
City staff negotiated a sales price of the property to the owner of 4106 Jim Avenue for $6,800. The value is based on the per square-foot value of the abutting property. If approved, the owner will obtain a survey specifically describing the area to be purchased. The City will convey the property via a quitclaim deed.
As required by Section 145 of the City Charter, if authorized, the sale shall not be effective until thirty (30) days have elapsed from the date of this resolution.
THE ALTERNATIVES CONSIDERED:
1. Do not authorize the sale of the property to the abutting property owner.
2. Authorize the ...
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