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Resolution Authorizing Filing of Condemnation Actions for Acquisition of Right-of-Way and Easements for the Greenville Loop Trail Section 2 Project [Budget Impact - Transportation Bond Funds]
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LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City is authorized by Part I, §18-1 of the City Charter, and by 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; and,
WHEREAS, the Greenville Loop Trail Section 2 project (“Project”) is a large capital improvement project providing Cross-City Trail (“CCT”) connections along the Greenville Loop Road residential area; and,
WHEREAS, the Project is necessary to complete the CCT and provide connectivity for residences along the corridor; and,
WHEREAS, completion of the Project requires that the City obtain certain temporary construction easements (“TCE”), permanent drainage easements (“PDE”), public utility easements (“PUE”), and right-of-way (“ROW”), to construct and maintain the sidewalk and improvements; and,
WHEREAS, City staff have made progress towards voluntary acquisition of easements and right-of-way on the Project, but 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 agreements necessary to complete the negotiations; and,
WHEREAS, the items still needed to be acquired are located on Project Parcel Numbers 3, 4, 15, 16, 26, 28, 31, 35, 36, 39, 47, and 57, as shown in Map Book 72, at Page 152 of the New Hanover County Registry, NC, and as more specifically described as follows:
1. Oakmont Condominium Owners Association, Inc. - Greenville Loop Road, Parcel ID Number R06116-004-003-000, Project Parcel #3 with the estimated value of right-of-way and easement interest to be acquired as follows:
3-ROW-1 339 SF.
3-PUE-1 330 SF.
3-TCE-1 618 SF.
3-TCE-2 155 SF.
Value of Taking: $18,225.00
2. Oakmont Townhouses Association, Inc. - Greenville Loop Road, Parcel ID Number R06116-004-010-000, Project Parcel #4 with the estimated value of right-of-way and easement interest to be acquired as follows:
4-TCE-1 479 SF.
Value of Taking: $7,025.00
3. Jessie E. Coley, Jr., Annette M. Coley, and Linda S. Coley - 5510 Greenville Loop Road, Parcel ID Number R06213-010-001-000, Project Parcel #15 with the estimated value of right-of-way and easement interest to be acquired as follows:
15-TCE-1 42 SF.
15-TCE-2 80 SF.
15-TCE-3 59 SF.
15-PDE-1 3,093 SF.
15-PDE-2 349 SF.
15-PUE-1 338 SF.
15-PUE-2 120 SF.
15-ROW-1 360 SF.
Value of Taking: $45,320.00
4. Linda S. Coley - 5528 Greenville Loop Road, Parcel ID Number R06200-007-025-000, Project Parcel #16 with the estimated value of right-of-way and easement interest to be acquired as follows:
16-TCE-1 265 SF.
16-TCE-2 389 SF.
16-TCE-3 524 SF.
16-PDE-1 879 SF.
16-PDE-2 527 SF.
16-PDE-3 276 SF.
16-PUE-1 113 SF.
16-PUE-2 129 SF.
16-PUE-3 88 SF.
16-ROW-1 11 SF.
Value of Taking: $25,664.00
5. Christopher Weare and Myra K. Weare - 5801 Meadow Brook Court, Parcel ID Number R06218-008-012-000, Project Parcel #26 with the estimated value of right-of-way and easement interest to be acquired as follows:
26-ROW-1 761 SF.
26-PUE-1 748 SF.
26-TCE-1 957 SF.
Value of Taking: $59,850.00
6. Claybird Holdings, LLC - 5809 Meadow Brook Court, Parcel ID Number R06218-008-010-000, Project Parcel #28 with the estimated value of right-of-way and easement interest to be acquired as follows:
28-ROW-1 962 SF.
28-TCE-1 1,418 SF.
Value of Taking: $52,950.00
7. Jeffrey W. Scott - 5836 Greenville Loop Road, Parcel ID Number R06200-007-015-000, Project Parcel #31 with the estimated value of right-of-way and easement interest to be acquired as follows:
31-TCE-1 2,243 SF.
31-ROW-1 226 SF.
31-PDE-1 1,414 SF.
Value of Taking: $24,925.00
8. Joseph H. Graham - 5918 Greenville Loop Road, Parcel ID Number R06200-007-014-004, Project Parcel #35 with the estimated value of right-of-way and easement interest to be acquired as follows:
35-TCE-1 12 SF.
35-TCE-2 927 SF.
35-ROW-1 2,316 SF.
35-DUE-1 383 SF.
Value of Taking: $86,475.00
9. Clarence A. Alford and Jean G. Alford - 5928 Greenville Loop Road, Parcel ID Number R06200-007-039-000, Project Parcel #36 with the estimated value of right-of-way and easement interest to be acquired as follows:
36-ROW-1 2,076 SF.
36-PUE-1 294 SF.
36-TCE-1 418 SF.
36-TCE-2 690 SF.
Value of Taking: $64,600.00
10. Matthew J. and Kimberly D. Shortell - 6200 Head Road, Parcel ID Number R06200-006-017-001, Project Parcel #39 with the estimated value of right-of-way and easement interest to be acquired as follows:
39-ROW-1 1,713 SF.
39-TCE-1 1,498 SF.
39-PDE-1 44 SF.
Value of Taking: $67,896.00
11. Ann C. Taber - 6214 Greenville Loop Road, Parcel ID Number R06200-006-016-001, Project Parcel #47 with the estimated value of right-of-way and easement interest to be acquired as follows:
47-TCE-1 435 SF.
47-TCE-2 761 SF.
47-ROW-1 1,438 SF.
Value of Taking: $12,200.00
12. Peregrine Way HOA, Inc. - Peregrine Way, Parcel ID Number R06200-007-014-000, Project Parcel #57 with the estimated value of right-of-way and easement interest to be acquired as follows:
57-TCE-1 432 SF.
57-ROW-1 4 SF.
57-ROW-2 13 SF.
57-PED-1 65 SF.
Value of Taking: $3,450.00
THEREFORE, BE IT RESOLVED:
THAT, it is necessary and in the public interest to acquire easements and right-of-way over the real property as shown on that map recorded in Map Book 72 at Page 152 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, City may acquire by condemnation, for the purposes stated above, public utility easements, temporary construction easements, permanent drainage easements, and right-of-way, as specifically detailed above.
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, public utility easements, permanent drainage easements, and temporary construction easements, but the City Attorney and City Manager are also authorized and encouraged to continue to reach settlement agreements with the subject property owners in lieu of condemnation where possible, and where the same will not delay construction of the 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.