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06-01-10 Real Estate Acquisition & Disposition Committee
TOWN COUNCIL MAJORITY OFFICE

REAL ESTATE ACQUISITION AND DISPOSITION COMMITTEE

JUNE 1, 2010


PRESENT Linda Russo, Chair; Councillors William P. Horan, Jr. and Eric Thompson

ALSO            
PRESENT Rich Gentile, Assistant Corporation Counsel
                

CALL TO ORDER

Chair Russo called the meeting to order at 6:00 p.m.


APPROVAL OF MINUTES

April 13, 2010

MOTION  By Eric Thompson
                seconded by Bill Horan  
                to approve the minutes of the April 13, 2010 Real Estate Acquisition &
Disposition Committee meeting.
Motion carried 3/0.


OPPORTUNITY FOR RESIDENTS TO SPEAK

None


OLD BUSINESS

627 Burnside Avenue – Drainage Outfall reconstruction Easement Acquisition

Assistant Corporation Counsel Rich Gentile initiated a general discussion of 627 Burnside Avenue.

MOTION  By Eric Thompson
                seconded by Bill Horan
                to go into Executive Session.
                Motion carried 3/0.

MOTION  By Eric Thompson
                seconded by Bill Horan
                to go back to Regular Session.
                Motion carried 3/0.

MOTION  By Bill Horan
                seconded by Eric Thompson
                to recommend that the Town Council adopt the following resolution:

RESOLUTION

Condemnation of Temporary and Permanent Easements
and Drainage Rights across Portion of
627 Burnside Avenue, East Hartford


WHEREAS, The Town of East Hartford (“Town”) is seeking to acquire a temporary and permanent easement and drainage rights on, across and under a portion of the property known as 627 Burnside Avenue (the “Easements”) for the purpose of constructing, maintaining, altering, repairing and utilizing a Stormwater drainage systems and Stormwater system discharge area (the “Project”); and

WHEREAS, the Easements are more particularly described and shown as PROPOSED 35’ PERMANENT DRAINAGE EASEMENT AND PROPOSED TEMPORARY EASEMENT on the following map which has been reviewed by the Town Council, a copy of which is attached to this Resolution:

map entitled EASEMENT MAP MAP DEPICTING PROPOSED EASEMENTS IN FAVOR OF:  THE TOWN OF EAST HARTFORD ACROSS THE PROPERTY OF:  627 BURNSIDE AVENUE EAST HARTFORD, CONNECTICUT DESIGNED --- DRAWN JJS CHECKED BJN SCALE 1” = 20’ DATE AUGUST 13, 2009 PROJECT NO. 2854-09 SHEET NO. 1 OF 1 Engineering, Landscape Architectural and Environmental Science MILONE & MACBROOM, 99 Realty Drive Cheshire, Connecticut 06410 (203)271-1773 FAX (203) 272-9733 www.MiloneandMacBroom.com

WHEREAS, The owner of the Property, Nathan E. Primus (“Owner”) and the Town, after almost one year of negotiations, have been unable to agree upon the amount to be paid for the Easements; and

WHEREAS, The convenience and necessity of the Town requires the acquisition of the Easements such that the Project may be completed; and

WHEREAS, It appears to the Town that the project will in fact benefit both the Town and the Owner because it will allow for the continuation of previously established drainage rights and the repair of the substantial erosion to the rear portion of the Property known as 627 Burnside Avenue, East Hartford, which Property is owned by Owner; and

WHEREAS, The Town now desires to exercise its eminent domain powers and acquire the Easements from the Owner through eminent domain proceedings;

NOW, THEREFORE, BE IT RESOLVED, That, the Mayor or her designee, acting on behalf of the Town, is hereby authorized to exercise the Town’s eminent domain powers and acquire the Easements, including all appurtenances thereto as well as any and all other necessary interests or rights in and to 627 Burnside Avenue, East Hartford through eminent domain proceedings for the purposes set forth above, upon and subject to the above terms and conditions and such other terms and conditions that the Mayor may deem appropriate and in the best interests of the Town; and be it further

RESOLVED, That the Mayor or her designee is hereby further authorized to execute any and all manner of other documents and to take such other actions as the Mayor may deem appropriate and in the best interests of the Town in order to effectuate the above acquisition and transaction; and be it further

RESOLVED, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor or her designee fail to acquire the Easements through eminent domain proceedings, to execute such other documents, or to take any of the other aforesaid actions.

Motion carried 3/0.


Update – 11.4 acres abutting 244 Lombardo Drive (Meat Town property)

Assistant Corporation Counsel Rich Gentile initiated a general discussion regarding the progress and history of
the “Meat Town” property.  Chair Russo will inquire of the Administration regarding the status of this property.

No further action taken at this time.


Update – Willowbrook School

Assistant Corporation Counsel Rich Gentile initiated a general discussion regarding the progress and history of the
Willowbrook School.  Chair Russo will inquire of the Administration regarding the status of the Willowbrook School property.

No further action taken at this time.


Update – 752 Main Street (WIC Building)

Assistant Corporation Counsel Rich Gentile initiated a general discussion regarding the progress and history of the
WIC Building located at 752 Main Street.  Chair Russo will inquire of the Administration regarding the status of this property.

No further action taken at this time.


ADJOURNMENT

MOTION  By Eric Thompson
                seconded by Bill Horan
                to adjourn (6:15 p.m.)
                Motion carried 3/0.



cc:     Town Council    
        Melody Currey, Mayor
        Rich Gentile, Assistant Corporation Counsel
        Jeanne Webb, Development Director