Title
Resolution Authorizing Filing of Condemnation Action for Acquisition of Right-of-Way and Easements for Greenville Loop Trail Section 3 - Project Parcel Numbers 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 25, 26, 29, 32, 35, and 36 as shown in Map Book 73, at Page 57 of the New Hanover County Registry, NC [Funded by the 2014 Transportation Bond]
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LEGISLATIVE INTENT/PURPOSE:
The City of Wilmington is authorized by Part I Section 18-1 of the City Charter and N.C.G.S. §40A-3(b)(1) to exercise its power of eminent domain to acquire by purchase or condemnation, any property for the purpose of opening, widening, extending, or improving roads, streets, alleys, and sidewalks.
The Greenville Loop Trail Section 3 multi-use path project (the “Project”) is a large capital improvement project providing cross-city trail connections along the Greenville Loop Road residential area.
The Project is necessary to complete the trail and provide connectivity for residences along the corridor. The Project requires that the City obtain easements and right-of-way to construct and maintain the multi-use path improvements.
City staff have made progress towards voluntary acquisition of easements on this Project. The owners of the properties listed below 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. The right-of-way (ROW), permanent utility easements (PUE), permanent drainage easements (PDE), and temporary construction easements (TCE) needed are as follows:
1. Brian A. and Morgan Swan - 6024 Park Avenue, Parcel ID Number R05620-005-003-000, Project Parcel #1 with the estimated value of right-of-way and easement interest to be acquired as follows:
1-ROW-1 1,011 SF.
1-TCE-1 170 SF.
Value of Taking: $11,325.00
2. Althea Orrell - 45 Greenville Avenue, Parcel ID Number R06208-002-001-000, Project Parcel #2 with the estimated value of right-of-way and easement to be acquired as follows:
2-ROW-1 1,750 SF.
2-PDE-1 75 SF.
Value of Taking: $21,475.00
3. Seagate Baptist Church Trustee - 6115 Oleander Drive and 35 Bagley Avenue, Parcel ID Numbers R06208-002-007-000 and R06208-002-009-000, Project Parcels #3 and #4 with the estimated value of right-of-way and easement interest to be acquired as follows:
3-ROW-1 1,750 SF.
3-PDE-1 97 SF.
4-ROW-1 1,179 SF.
Value of Taking: $42,475.00
4. Properties at Oleander, LLC - 6131 Oleander Drive, Parcel ID Number R06208-002-008-000, Project Parcel #5 with the estimated value of right-of-way and easement to be acquired as follows:
5-ROW-1 686 SF.
5-PUE-1 53 SF.
5-TCE-1 413 SF.
Value of Taking: $48,400.00
5. Oysterman Enterprises, LLC - 6201 Oleander Drive and 24 Greenville Avenue, Parcel ID Numbers R06208-003-007-000 and R06208-003-001-000, Project Parcels #7 and #8 with the estimated value of right-of-way and easement to be acquired as follows:
7-ROW-1 499 SF.
8-PUE-1 57 SF.
8-TCE-1 505 SF.
8-ROW-1 2,734 SF.
8-PED-1 179 SF.
Value of Taking: $46,432.00
6. RILP NC2, LP - 6126 Oleander Drive, Parcel ID Number R06208-013-011-000, Project Parcel #9 with the estimated value of right-of-way and easement to be acquired as follows:
9-ROW-1 3,334 SF.
9-PUE-1 138 SF.
9-TCE-1 941 SF.
Value of Taking: $132,825.00
7. Summerwalk Commercial, LLC - 6120 Oleander Drive, Parcel ID Number R06208-013-012-000, Project Parcel #10 with the estimated value of right-of-way and easement to be acquired as follows:
10-ROW-1 55 SF.
Value of Taking: $1,000.00
8. Greenville Loop Ventures, LLC - 6817 Greenville Loop Road, Parcel ID Number R06208-013-005-000, Project Parcel #12 with the estimated value of right-of-way and easement to be acquired as follows:
12-ROW-1 726 SF.
12-PDE-1 94 SF.
Value of Taking: $10,550.00
9. Wanda L. and Jimmy R. Hall - 6607 Greenville Loop Road, Parcel ID Number R06212-001-009-000, Project Parcel #25 with the estimated value of easement to be acquired as follows:
25-PDE-1 28 SF.
Value of Taking: $300.00
10. Pacific Place, LLC - 6561 Greenville Loop Road, Parcel ID Number R06212-001-008-000, Project Parcel #26 with the estimated value of easement to be acquired as follows:
26-PDE-1 137 SF.
Value of Taking: $1,233.00
11. Greenville Village, LLC - 6509 Greenville Loop Road, Parcel ID Number R06200-003-049-000, Project Parcel #29 with the estimated value of easement and right-of-way to be acquired as follows:
29-ROW-1 58 SF.
29-PDE-1 26 SF.
29-TCE-1 56 SF.
29-TCE-2 40 SF.
Value of Taking: $1,050.00
12. William M. Newkirk Revocable Trust - 6112 Sleep Hollow Lane, Parcel ID Number R06212-005-001-000, Project Parcel #32 with the estimated value of easement to be acquired as follows:
32-PDE-1 107 SF.
Value of Taking: $1,400.00
13. Ethel Kirby Robinson - 6335 Greenville Loop Road, Parcel ID Number R06200-003-029-001, Project Parcel #35 with the estimated value of easement to be acquired as follows:
35-PDE-1 137 SF.
Value of Taking: $550.00
14. James C. Halsey - 6325 Greenville Loop Road, Parcel ID Number R06200-003-033-000, Project Parcel #36 with the estimated value of easement to be acquired as follows:
36-PDE-1 106 SF.
36-PUE-1 97 SF.
Value of Taking: $725.00
The Wilmington City Council hereby determines that it is necessary and in the public interest to acquire permanent utility easements and right-of-way over the real property as shown on that map recorded in Map Book 73 at Page 57 of the New Hanover County Registry, NC for the public purpose of promoting public health and safety by providing the public with a multi-use trail to improve pedestrian connectivity, improve safety for pedestrians, and provide recreation and transportation opportunities.
THEREFORE, BE IT RESOLVED:
THAT, the City of Wilmington may acquire by condemnation, for the purposes stated above, permanent utility easements, temporary construction easements, and right-of-way, as follows:
1. Brian A. and Morgan Swan - 6024 Park Avenue, Parcel ID Number R05620-005-003-000, Project Parcel #1 with the estimated value of right-of-way and easement interest to be acquired as follows:
1-ROW-1 1,011 SF.
1-TCE-1 170 SF.
Value of Taking: $11,325.00
2. Althea Orrell - 45 Greenville Avenue, Parcel ID Number R06208-002-001-000, Project Parcel #2 with the estimated value of right-of-way and easement to be acquired as follows:
2-ROW-1 1,750 SF.
2-PDE-1 75 SF.
Value of Taking: $21,475.00
3. Seagate Baptist Church Trustee - 6115 Oleander Drive and 35 Bagley Avenue, Parcel ID Numbers R06208-002-007-000 and R06208-002-009-000, Project Parcels #3 and #4 with the estimated value of right-of-way and easement interest to be acquired as follows:
3-ROW-1 1,750 SF.
3-PDE-1 97 SF.
4-ROW-1 1,179 SF.
Value of Taking: $42,475.00
4. Properties at Oleander, LLC - 6131 Oleander Drive, Parcel ID Number R06208-002-008-000, Project Parcel #5 with the estimated value of right-of-way and easement to be acquired as follows:
5-ROW-1 686 SF.
5-PUE-1 53 SF.
5-TCE-1 413 SF.
Value of Taking: $48,400.00
5. Oysterman Enterprises, LLC - 6201 Oleander Drive and 24 Greenville Avenue, Parcel ID Numbers R06208-003-007-000 and R06208-003-001-000, Project Parcels #7 and #8 with the estimated value of right-of-way and easement to be acquired as follows:
7-ROW-1 499 SF.
8-PUE-1 57 SF.
8-TCE-1 505 SF.
8-ROW-1 2,734 SF.
8-PED-1 179 SF.
Value of Taking: $46,432.00
6. RILP NC2, LP - 6126 Oleander Drive, Parcel ID Number R06208-013-011-000, Project Parcel #9 with the estimated value of right-of-way and easement to be acquired as follows:
9-ROW-1 3,334 SF.
9-PUE-1 138 SF.
9-TCE-1 941 SF.
Value of Taking: $132,825.00
7. Summerwalk Commercial, LLC - 6120 Oleander Drive, Parcel ID Number R06208-013-012-000, Project Parcel #10 with the estimated value of right-of-way and easement to be acquired as follows:
10-ROW-1 55 SF.
Value of Taking: $1,000.00
8. Greenville Loop Ventures, LLC - 6817 Greenville Loop Road, Parcel ID Number R06208-013-005-000, Project Parcel #12 with the estimated value of right-of-way and easement to be acquired as follows:
12-ROW-1 726 SF.
12-PDE-1 94 SF.
Value of Taking: $10,550.00
9. Wanda L. and Jimmy R. Hall - 6607 Greenville Loop Road, Parcel ID Number R06212-001-009-000, Project Parcel #25 with the estimated value of easement to be acquired as follows:
25-PDE-1 28 SF.
Value of Taking: $300.00
10. Pacific Place, LLC - 6561 Greenville Loop Road, Parcel ID Number R06212-001-008-000, Project Parcel #26 with the estimated value of easement to be acquired as follows:
26-PDE-1 137 SF.
Value of Taking: $1,233.00
11. Greenville Village, LLC - 6509 Greenville Loop Road, Parcel ID Number R06200-003-049-000, Project Parcel #29 with the estimated value of easement and right-of-way to be acquired as follows:
29-ROW-1 58 SF.
29-PDE-1 26 SF.
29-TCE-1 56 SF.
29-TCE-2 40 SF.
Value of Taking: $1,050.00
12. William M. Newkirk Revocable Trust - 6112 Sleep Hollow Lane, Parcel ID Number R06212-005-001-000, Project Parcel #32 with the estimated value of easement to be acquired as follows:
32-PDE-1 107 SF.
Value of Taking: $1,400.00
13. Ethel Kirby Robinson - 6335 Greenville Loop Road, Parcel ID Number R06200-003-029-001, Project Parcel #35 with the estimated value of easement to be acquired as follows:
35-PDE-1 137 SF.
Value of Taking: $550.00
14. James C. Halsey - 6325 Greenville Loop Road, Parcel ID Number R06200-003-033-000, Project Parcel #36 with the estimated value of easement to be acquired as follows:
36-PDE-1 106 SF.
36-PUE-1 97 SF.
Value of Taking: $725.00
THAT, the Wilmington City Council hereby determines that it is necessary and in the public interest to acquire permanent utility easements and right-of-way over the real property as shown on that map recorded in Map Book 73 at Page 57 of the New Hanover County Registry, NC for the public purpose of promoting public health and safety by providing the public with a multi-use trail to improve pedestrian connectivity, improve safety for pedestrians, and provide recreation and transportation opportunities.
THAT, the City Attorney is hereby directed and authorized to institute the necessary
proceedings under Chapter 40A of the North Carolina General Statutes to acquire the right-of-way, permanent utility easements, and temporary construction easements. However, the City Attorney and City Manager are also authorized and encouraged to continue to reach settlement agreements with these property owners in lieu of condemnation where possible, and where the same will not delay construction of this Project.
THAT, the City Manager and City Attorney are hereby authorized to obtain the necessary appraisals, title opinions, and surveys and to make all necessary deposits of the estimated fair market value required for filing the condemnation actions.
THAT, sufficient funding for the Project exists to cover these costs.