title
Resolution Amending Authorization to File Condemnation Actions for Acquisition of Right-of-Way and Easements for the Independence Boulevard and River Road Roundabout Project
body
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Department: |
City Attorney |
Meeting Date: |
7/15/2025 |
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Contact Name: |
Whitley Stavish |
Public Hearing: |
No |
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Contact Phone: |
910-765-0720 |
Advertising Date/Advertised By: |
N/A |
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Attachments: |
Attachment #1: Resolution |
PURPOSE:
The purpose of this resolution is to receive authorization to file an amended condemnation action for the acquisition of right-of-way and easements for the Independence Road and River Road roundabout (Project).
BACKGROUND:
In June of 2024, the City agreed to participate in the roundabout installation and associated improvements at Independence Road and River Road, as well as the pedestrian improvements along Independence Boulevard. Under the terms of the reimbursement agreement, the City is responsible for acquiring the right-of-way and easements required for the improvements associated with both the roundabout and the pedestrian improvements.
Given the tight project schedule necessary to construct the improvements, the property acquisition process was accelerated to ensure acquisitions were complete when the contractor was ready to proceed to construction in the summer of 2025. In May of 2025, City Council approved condemnation actions involving the four (4) property owners who had not reached agreements with the City over the value of the easements and right-of-way needed to complete the improvements.
Since the original authorization to file condemnation actions was granted, two (2) property owners reached settlements with the City, avoiding the need to file condemnation for those parcels.
Additionally, since the previous resolution on May 20, 2025, minor changes have been made to the project plans, and City Engineering has obtained a new survey which modifies the areas of taking for the two (2) remaining parcels. The taking area for Parcel 1 has increased by 16 SF of Right-of-Way (total of 1,599 SF of Right-of-Way), resulting in an increase of $100 in compensation to the owner, Waste Management of Carolinas, Inc. ($11,212 total compensation).
Many of the taking areas on Parcel 3, owned by Rivers Edge, LLC, have been modified, and less property is needed to complete the Project. The previous estimated compensation was $26,500, but the new estimate of compensation is $16,500, a reduction of $10,000. The primary reason for this reduction is that the right-of-way being taken from Parcel 3 has decreased from 2,287 SF to 572 SF, based on the revised plat (Exhibit 1).
The changes to these two parcels requires the City to amend the proposed acquisitions for Project Parcel 1 and Parcel 3 so that the City can proceed with filing condemnation actions on these parcels, if necessary.
budget
BUDGET IMPACT:
The total amount of the condemnations requested at this time is $27,712, and there are sufficient funds in the project budget to cover that amount.
recommendation
RECOMMENDATION / ACTION REQUESTED:
Passage of this resolution is recommended.