title
Resolution Authorizing the Filing of Condemnation Actions for Acquisition of Right-of-Way and Easements for the Independence Boulevard and River Road Roundabout
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Department: |
City Attorney |
Meeting Date: |
5/20/2025 |
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Contact Name: |
Whitley Stavish |
Public Hearing: |
No |
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Contact Phone: |
(910) 341-7820 |
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 condemnation actions for the acquisition of right-of-way and easements for the Independence Road and River Road roundabout (“Project”).
BACKGROUND:
Two traffic studies, one completed by Kimley-Horn for Cape Fear Development, LLC (“Watermark”) for the Watermark development, and one completed by Michael Baker International, Inc. for the City of Wilmington (City) for the Independence Boulevard corridor, determined a roundabout at the intersection of River Road and Independence Boulevard is the recommended short-term and long-term intersection improvement needed for that area.
Under the First Amendment to the Amended and Restated Development Agreement (“Agreement”) executed in December of 2020 between the City and NNP IV-Cape Fear River, LLC (“Newland”), Newland is responsible for traffic signal improvements at the River Road and Independence Blvd intersection, in accordance with the requirements and timeline specified in the agreement. In addition to the required Newland improvements under the Agreement, the City also desires to complete a pedestrian connection between River Road and Riverfront Place in conjunction with the Project in order to close a sidewalk network gap.
With Watermark, Newland, and the City all having interests in the improvement of this intersection, a reimbursement agreement (“Reimbursement Agreement”) was entered into by the three parties in June of 2024 to participate in the roundabout installation and associated improvements, 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. Watermark committed to dedicating the necessary Right of Way and easements on their property for the roundabout improvements to the City.
Each of the three parties are contributing funds toward the design and construction of the roundabout, with the City solely responsible for the design and construction of the pedestrian improvements along Independence Blvd. The City’s portion of the funding for the roundabout and pedestrian project came from a Road Payment made by Riverlights to the City of Wilmington in accordance with the original Development Agreement between Riverlights and the City executed in June of 2009.
Given the tight project schedule necessary to construct the improvements prior to Watermark requesting Certificates of Occupancy for their development, the property acquisition process has been accelerated to ensure acquisitions are complete when the contractor is ready to proceed to construction in early summer of 2025.
budget
BUDGET IMPACT:
The total amount of the condemnations requested at this time is $42,600, and there are sufficient funds in the project budget to cover that amount.
recommendation
RECOMMENDATION / ACTION REQUESTED:
Passage of this resolution is recommended.