Title
Resolution Authorizing the Amendment of Condemnation Actions for Acquisition of Easements for the Hooker-Hinton Multi-Use Path Project [Funded by the WMPO Surface Transportation Block Grant Program]
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City of Wilmington is authorized by Section 1.4 of the City Charter and N.C.G.S. ?160A-312 to provide sidewalks and to acquire easements and right-of-way, if necessary, by eminent domain; and,
WHEREAS, N.C.G.S. ?40A-3(b)(1) grants to the City the power of eminent domain and the right to acquire by purchase, gift, or condemnation, any property for opening, widening, extending, or improving roads, streets, alleys, and sidewalks; and,
WHEREAS, the Hooker-Hinton Multi-Use Path Project (the "Project") is a large capital improvement project connecting the Cross City Trail along the corridors of Hooker Road, Hinton Avenue, Wrightsville Avenue, and Greenville Avenue; and,
WHEREAS, the Project is necessary to complete the Cross City Trail and provide connectivity across the City for its residents, and the Project requires that the City obtain easements and minimal right-of-way to construct and maintain the multi-use path; and,
WHEREAS, City staff filed condemnation proceedings in this matter in August of 2023, with regard to 334 Hooker Road and 6205 Teal Street, New Hanover County Parcel ID Numbers R05610-004-006-000, R05610-004-007-000, and R05611-001-003-000, Project Parcels #4a and #4b, currently owned by Sand Peddler Properties, LLC ("Property"), for temporary construction easements ("TCE") on the Property; and,
WHEREAS, City staff and the owners of the Property have not been able to reach an agreement with City staff as to the amount and/or the specific terms of the easement agreements to complete the negotiations, and due to non-cooperation of the owners of the Property, it has now been determined that the City will be required to amend the complaint for condemnation to convert one of the TCE's to a permanent...
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