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<br /> 3 <br /> , . 6) Handle all legal matters under oonstruction <br /> oontraot and any resulting litigation. <br /> b. Land and Easement AOquisition <br /> 1) Review aoquisition requirements with appropriate <br /> department (park, streets, etc.) <br /> a) Bvaluate any speoial legal or cost problems <br /> b) Develop .aoquisition"timetable <br /> c} Make preliminary oost estimates <br /> d) Obtain or develop proper legal desoriptions <br /> 2) Examine title to each parcel from county Reoords <br /> system. <br /> 3) Obtain preliminary appraisalS, oouncil approval, <br /> send 90-day possession notice and check for appraised <br /> value. <br /> 4) Initiate negotiations for acquisition <br /> a) View all parcels with appraiser <br /> b) contacb:'IOWners and explain what to be acquired <br /> and why. <br /> c) Attempt to acquire at fair price within valuation <br /> advice of appraiser <br /> d) Attempt to obtain waiver of Trespass where <br /> appropriate <br /> 5) Initiate condemnation where necessary <br /> a) Commenoe aotion with Service of Notice of Hearing <br /> on all parties having interest in land <br /> b) Appear in Court and prove Pet.ition and obtain <br /> order appointing three commissioners <br /> c) Attend Commissioners viewings and hearings and <br /> present City position and appraiser valuation <br /> d) Notify owners of Commissioners Award <br /> e) Attend to all payments <br /> f) Handle all paper work- Resolution, petition, Notice <br /> of Lis Pendens, Order, Oath, Notice of Bearing, <br /> Proof of Service, commissioners Award, Notice of <br /> Hearing and filing award, Proof of Service on all <br /> owners, Notice of Completion, Attorneys Final <br /> Certificate and Reports to City <br /> g} All handling of interim motions, extensions of <br /> time, etc. <br /> 6) Handle all Appeals fram Commissioners Award <br /> a) Examine Notice of Appeal <br /> b) Assemble and evaluate all needed evidence in <br /> preparation of case for trial, i.e., maps, plat, <br /> pictures, staking of land, bus for jury, brief <br /> on special law, seheoule all witnesses, review <br /> with appraiser and engineer. <br /> c) Settlement Efforts <br /> d) Try oase to jury <br /> e) Handle all post-verdict motions and final payment <br /> c. Claims against. t.he City <br /> 1) Where no insurance, make appropriate evaluation of <br /> alatm for legalit.y, investigation of facts and <br /> recommendat.ion to City. <br /> 2) Defend in Court all litigation where no insurance <br /> 3) Assist in resolving claims not resulting in litigation <br />