Title
Resolution Authorizing Filing of Condemnation Actions for Acquisition of Certain Right-of-Way and Easements for the Wrightsville Avenue Sidewalk and Roundabout Project [Funded by the Transportation Bond]
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, The City of Wilmington 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 Wrightsville Avenue Sidewalk and Roundabout project (“Project”) is a large capital improvement project providing sidewalks and other improvements along Wrightsville Avenue, including a roundabout at Wallace Avenue; and,
WHEREAS, the Project is necessary to provide safe connectivity for residences along the corridor, and to improve traffic at the intersection of Wrightsville Avenue and Wallace Avenue; 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 ROW 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 to complete the negotiations; and,
WHEREAS, the items still needed to be acquired are located on Project Parcel Numbers 6, 7, 12, 13, 18, 20, 22, 23, 33, 41, 47, 50, 52, 65, 66, 67, 68, 69, 70, 72, 74, 78, 86, 93, 95, and 96, as shown in Map Book 72, at Page 338 of the New Hanover County Registry, NC, and as more specifically described as follows:
1. Global Lighthouse ILM, LLC - 3417 and 3421 Wrightsville Avenue, Parcel ID Number R05513-007-006-000 and R05513-007-007-000, Project Parcels #6 and #7 with the estimated value of right-of-way and easement interest to be acquired as follows:
6-TCE-1 622 SF.
7-TCE-1 530 SF.
Value of Taking: $7,250.00
2. L & L Real Estate Ventures, LLC - 3701 and 3711 Wrightsville Avenue, Parcel ID Numbers R05513-008-005-000 and R05514-001-009-000, Project Parcels #12 and #13 with the estimated value of right-of-way and easement to be acquired as follows:
12-ROW-1 1,527 SF.
12-TCE-1 1,392 SF.
13-ROW-1 775 SF.
13-TCE-1 471 SF.
Value of Taking: $32,096.00
3. Audubon Station COA - 3909 Wrightsville Avenue, Parcel ID Number R05514-001-086-000, Project Parcel #18 with the estimated value of easement to be acquired as follows:
18-TCE-1 494 SF.
Value of Taking: $1,631.00
4. John R. and Linda Carroll Voet - 3917 Wrightsville Avenue, Parcel ID Number R05514-010-012-000, Project Parcel #20 with the estimated value of right-of-way and easement to be acquired as follows:
20-TCE-1 440 SF.
20-TCE-2 378 SF.
20-TCE-3 51 SF.
20-ROW-1 74 SF.
Value of Taking: $15,150.00
5. Molly Pitcher’s Holding Company, LLC - 4001 Wrightsville Avenue, Parcel ID Number R05514-009-013-000. Project Parcel #22 with the estimated value of easement to be acquired as follows:
22-TCE-1 306 SF.
Value of Taking: $2,075.00
6. Simple Investments & Design, LLC - 4105 Wrightsville Avenue, Parcel ID Number R05518-011-004-000, Project Parcel #23 with the estimated value of easement to be acquired as follows:
23-TCE-1 100 SF.
Value of Taking: $300.00
7. Linda J. Farrow - 4609 Wrightsville Avenue, Parcel ID Number R05519-012-004-000, Project Parcel #33, with the estimated value of easement and right-of-way to be acquired as follows:
33-ROW-1 365 SF.
33-TCE-1 757 SF.
Value of Taking: $8,522.00
8. Glenn W. Hodges - 4807 Wrightsville Avenue, Parcel ID Number R05519-014-005-000, Project Parcel #41, with the estimated value of easement and right-of-way to be acquired as follows:
41-TCE-1 335 SF.
41-ROW-1 78 SF.
Value of Taking: $943.00
9. Paul K. Taber - 4903 Wrightsville Avenue, Parcel ID Number R05519-015-005-000, Project Parcel #47, with the estimated value of easement and right-of-way to be acquired as follows:
47-TCE-1 679 SF.
47-ROW-1 147 SF.
Value of Taking: $2,546.00
10. McMillen Properties, LLC - 4909 Wrightsville Avenue, Parcel ID Number R05519-015-008-000, Project Parcel #50, with the estimated value of easement and right-of-way to be acquired as follows:
50-TCE-1 529 SF.
50-ROW-1 172 SF.
Value of Taking: $2,500.00
11. Multiply Church Global - 4927 Wrightsville Avenue, Parcel ID Number R05519-016-001-000, Project Parcel #52, with the estimated value of easement to be acquired as follows:
52-TCE-1 2,688 SF.
52-PED-1 9,218 SF.
Value of Taking: $88,492.00
12. Raybelle Properties, LLC - 4949 Wrightsville Avenue, Parcel ID Number R05520-003-019-000, Project Parcel #65, with the estimated value of easement and right-of-way to be acquired as follows:
65-ROW-1 961 SF.
65-PUE-1 1,006 SF.
Value of Taking: $22,320.00
13. Clean Capers, LLC - 5001 Wrightsville Avenue, Parcel ID Number R05520-004-012-000, Project Parcel #66, with the estimated value of easement and right-of-way to be acquired as follows:
66-TCE-1 979 SF.
66-PUE-1 15 SF.
66-ROW-1 8,519 SF.
Value of Taking: $325,265.00
14. WALO, LLC - 5003 Wrightsville Avenue, Parcel ID Number R05520-004-013-000, Project Parcel #67, with the estimated value of easement and right-of-way to be acquired as follows:
67-TCE-1 260 SF.
67-PUE-1 1,229 SF.
67-ROW-1 589 SF.
Value of Taking: $41,435.00
15. Estate of Tressie H. Massengill - 5007 and 5011 Wrightsville Avenue, Parcel ID Numbers R05520-004-014-000 and R05520-004-019-000, Project Parcels #68 and #70, with the estimated value of easement to be acquired as follows:
68-TCE-1 594 SF.
70-TCE-1 94 SF.
Value of Taking: $2,272.00
16. GWR Properties, LLC - 5009 Wrightsville Avenue, Parcel ID Number R05520-004-016-000, Project Parcel #69, with the estimated value of easement to be acquired as follows:
69-TCE-1 88 SF.
Value of Taking: $300.00
17. Gamma Zeta Foundation, Inc. - 5004 Wrightsville Avenue, 5008 Wrightsville Avenue, and 5005 Park Avenue, Parcel ID Numbers R05520-010-010-000, R05520-010-008-000, R05520-010-011-000, Project Parcels #72, #74, and #95, with the estimated value of easement and right-of-way to be acquired as follows:
72-ROW-1 6,076 SF.
72-PUE-1 116 SF.
72-TCE-1 951 SF.
74-ROW-1 354 SF.
74-PUE-1 340 SF.
74-TCE-1 706 SF.
95-PUE-1 202 SF.
Value of Taking: $158,745.00
18. Mohamad and Shamieh Ali - 5039 Wrightsville Avenue, Parcel ID Number R05520-008-037-000, Project Parcel #78, with the estimated value of easement to be acquired as follows:
78-TCE-1 1,699 SF.
Value of Taking: $11,350.00
19. Mitchell Scott Memory - 5111 Wrightsville Avenue, Parcel ID Number R05617-005-021-000, Project Parcel #86, with the estimated value of easement to be acquired as follows:
86-TCE-1 355 SF.
Value of Taking: $462.00
20. Brian Elliot Bohrer - 5211 Wrightsville Avenue, Parcel ID Number R05617-006-029-000, Project Parcel #93, with the estimated value of easement and right-of-way to be acquired as follows:
93-TCE-1 612 SF.
93-ROW-1 320 SF.
Value of Taking: $2,876.00
21. Richard Campbell - 208 N. Wallace Avenue, Parcel ID Number R05520-004-010-000, Project Parcel #96, with the estimated value of easement to be acquired as follows:
96-PUE-1 385 SF.
Value of Taking: $2,772.00
The Wilmington City Council hereby determines 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 338 of the New Hanover County Registry, NC for the public purpose of promoting public health and safety by providing the public with a roundabout and a sidewalk 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, public utility easements, temporary construction easements, permanent drainage easements, and right-of-way, as specifically detailed above.
THAT, the Wilmington City Council hereby determines that it is necessary and in the public interest to acquire such easements and right-of-way over the real property as shown on that map recorded in Map Book 72 at Page 338 of the New Hanover County Registry, NC for the public purpose of promoting public health and safety by providing the public with a roundabout and a sidewalk 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, public utility easements, permanent drainage easements, and temporary construction easements. However, 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.