title
Resolution Authorizing Filing of Condemnation Actions for Acquisition of Conservation Easements, Permanent Drainage Easements, and Temporary Construction Easements for Stage II of the Wisteria Clearbrook Drainage Improvement Project
body
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Department: |
City Attorney |
Meeting Date: |
6/17/2025 |
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Contact Name: |
Nicole Ratliff |
Public Hearing: |
No |
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Contact Phone: |
910-341-1607 |
Advertising Date/Advertised By: |
N/A |
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Attachments: |
Attachment #1: Resolution Attachment #2: List of Takings, Owners, and Value Attachment #3: Maps of Properties |
PURPOSE:
The purpose of this resolution is to authorize the City Attorney’s Office to file condemnation actions for 4 properties related to Stage II of the Wisteria Clearbrook Drainage Improvement Project (“Project”).
BACKGROUND:
The Project is a Stormwater Capital Improvements Project, and four (4) conservation easements, two (2) permanent drainage easements, and temporary construction easements are needed in order to complete the Project. City Staff has made progress towards voluntary easement acquisitions of approximately 80% of the properties in this Project. Title searches are completed for all properties, and thirty (30) closings have been completed. The impacted property owners were notified about the condemnation process and about the City Council meeting by certified letter from the City Attorney’s Office, mailed on June 4, 2025.
Staff will continue to work with these property owners to resolve these claims, but if resolutions cannot be reached in the near future, it will be necessary to file condemnation claims in order for the City to timely obtain the property rights needed to complete this capital improvement project. Staff is preparing to bid this project for construction by September, 2025, so the City must obtain the needed property rights for these properties prior to that bid date.
This resolution will include Council's authorization to file condemnation actions in New Hanover County Superior Court. The filing of the condemnations will then allow the City access to the following properties in order for construction to proceed:
• R.C. Woody, Jr. and Judy Woody - 5631 Greenville Loop Road (see attached map)
• Christopher Bunch and Jennifer Bunch - 5500 Woodland Trace (see attached map)
• Timothy Hogan and Kelly Meldrum - 5704 Ruxton Way (see attached map)
• John M. Beatty and Adrienne L. Beatty - 221 S. 58th Street (no map attached due to de minimis size of temporary construction easement)
If Council adopts this resolution, the City is required to give thirty (30) days’ notice to the affected property owners, and any other persons or entities having an “interest” in the property, of the intent to file the condemnation action. At the end of the thirty (30) day notice period, the City can file the condemnation action and deposit an estimate of just compensation with the New Hanover County Superior Court. Upon filing and making the deposit, the City will be authorized to access the properties for construction.
budget
BUDGET IMPACT:
The project is currently funded as a capital project by the City’s Stormwater Fund in the amount of $9,591,274. The filing of these four (4) condemnations actions will impact the project budget by approximately $364,611.
recommendation
RECOMMENDATION / ACTION REQUESTED:
Staff recommends approval of the attached resolution.