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 drainage easement (“PDE”); and,
WHEREAS, upon the filing of the amended complaint, the City will be required to deposit an additional $104,975.00, over and above what was previously paid into the New Hanover County Clerk of Court for project parcels 4a and 4b; and,
WHEREAS, it is necessary and in the public interest to acquire the PDE’s and TCE’s over the Property, as shown on attached Exhibit A, 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 Wilmington City Council hereby determines that it is necessary and in the public interest to acquire permanent drainage easements and temporary construction easements over the Property, as shown on attached Exhibit A, 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 of Wilmington may amend its condemnation proceedings, for the purposes stated above, to acquire permanent drainage easements and temporary construction easements as follows:
Sand Peddler Properties, LLC - 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 with the estimated value of easement interest to be acquired as follows:
4A-TCE-1 49 SF.
4A-TCE-2 337 SF.
4A-TCE-3 797 SF.
4A-PDE-1 3,092 SF
4B-PDE-1 3,744 SF.
Total Appraised Value: $125,975.00
THAT, the City Attorney is hereby directed and authorized to amend the
proceedings under Chapter 40A of the North Carolina General Statutes to acquire the permanent utility easements and temporary construction easements, as stated above and in attached Exhibit A. However, the City Attorney and City Manager are also authorized and encouraged to continue to reach settlement agreements with these property owners.
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.