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4// <br />mpmno Amnt1M <br />TO: Mayor and City Council Members <br />FROM: Thomas J. Radio <br />City Attorney <br />RE: Obtaining Easement for Paul Smith Sewer Connection <br />DATE: June 24, 1985 <br />Current Status of Negotiations <br />In discussions with Mrs. James Powers, I have <br />determined that the Powers are willing to grant the sewer and <br />water easement for the sum of $2,00. This $2,000 represents a <br />$1,000 from Mr. Smith, and the remainder to be contributed by <br />the City. I indicated to Mrs. Powers that I would recommend to <br />you that the City contribute $1,000 in lieu of the expense to <br />be incurred in condemnation proceedings and further legal <br />handling of this matter. She further indicated that she <br />preferred the location of the easement to be over the property <br />containing the older home, as opposed to the current driveway. <br />The Powers prefer this option as -.t will present less <br />interference with their current VLoperty. <br />Mr. Oberhauser on behalf of Mr. Smith has indicated <br />his client's continued interest in contributing $1,000 towards <br />the cost of obtaining the private easement, and in connecting <br />his home at his own expense. <br />In 1983, the firm ordered an appraisal of these <br />various easements. The appraiser determined the value of this <br />option to be $4,360 and the value of the alternative location <br />to be $280. <br />Options <br />The City has the following options: <br />1. Negotiate an easement acquisition from the Powers <br />on behalf of Smith. The council must decide which easement it <br />prefers, and what monetary contribution, if any, it wishes to <br />authorize. <br />2. Initiate condemnation proceedings. <br />