3

3. Operations Committee, October 30, 2007 (any committee consent agenda item pulled for discussion will be discussed at the end of the committee discussion portion of the agenda, which is item G on this agenda) (Mrs. Robinson)

a. Consideration of Municipal Agreement - Biannual Bridge Inspections (EN08-044)
Committee unanimously recommended entering into the Biannual Bridge Inspections Municipal Agreement with the NCDOT which would include the Town reimbursing the NCDOT 20% of the actual cost to inspect the bridges located on Town-maintained streets.

STAFF REPORT

Operations Committee, October 30, 2007

Consideration of Municipal Agreement - Biannual Bridge Inspections (EN08-044)
Consideration of entering into a municipal agreement with the North Carolina Department of Transportation for the biannual bridge inspections
Speaker: Mr. Tim Bailey

From: Tim Bailey, PE, Engineering Director
Prepared by: Kristen Dwiggins, EI, Engineer
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager

The North Carolina Department of Transportation (NCDOT) has forwarded a Municipal Agreement to the Town for biannual inspections of municipal bridges within the Town of Cary. In accordance with the Federal Surface Transportation Assistance Act of 1978, inspections of bridges and culverts, which measure twenty feet in length, are required every two years on all public roadways. The NCDOT is responsible for the inspection of bridges located on the State maintenance system and the Town is responsible for the bridges located on Town maintained streets.

Staff has identified 30 bridges and culverts meeting the above criteria for inspection. The Federal Highway Administration will pay 80 percent of the actual cost of the inspections subject to compliance with all applicable federal policy, procedural rules, and regulations. The NCDOT coordinates all work and the Town will be invoiced for the remaining 20 percent of the cost after the work is complete. The total estimated cost to the Town will be $16,000. The actual cost will be determined based on fees negotiated between the NCDOT and the qualified private engineering firm who will be performing the work. The NCDOT is expecting the work to be completed by June 2008. The Town has utilized this method on past inspections of bridges.

In 2006, all reported Town-maintained bridges and culverts were rated with a present condition of “good”. The rating system ranges from the lowest possible rating, “critical”, to the highest possible rating, “good”.

Fiscal Impact: Inspection costs, estimated to be approximately $16,000 are paid from the Engineering Department operating budget. Repair costs are not known until the inspections are complete.

Staff Recommendation: Staff recommends entering into the Biannual Bridge Inspections Municipal Agreement with the NCDOT. According to the terms of this agreement, the Town will reimburse the NCDOT 20% of the actual cost to inspect the bridges located on Town-maintained streets.

North Carolina Department of Transportation and the City of Cary

Municipal Agreement

Inspection of Bridges on the Municipal Street System

F.A. Project BRZ-NBIS (15)

This Agreement, made and entered into this the _____ day of _____________________, 2007, between the DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, hereinafter referred to as the DEPARTMENT, and the CITY OF CARY, a municipal corporation hereinafter referred to as the MUNICIPALITY;

Witnesseth:

WHEREAS, the Surface Transportation Assistance Act of 1978 provided funding for a Federal-Aid Highway Bridge Replacement and Rehabilitation Program; and

WHEREAS, the Highway Bridge Replacement and Rehabilitation portion of the law requires that all structures defined as bridges located on public roads must be inspected on a cycle, not to exceed two years in accordance with the National Bridge Inspection Standards (NBIS); and

WHEREAS, the Municipality has requested the Department or a Consultant retained by the Department to inspect and analyze all public bridges located on its Municipal Street System in compliance with the National Bridge Inspection Standards; and

WHEREAS, the Department and the Municipality are authorized to enter into an agreement for such work under the provisions of G.S. 136-18(12), G.S. 136-41.3, and G.S. 136-66.1; and,

WHEREAS, the Town Council of the Municipality has approved the herein above referenced inspections and has agreed to participate in certain costs thereof in the manner and to the extent as hereinafter set out.

NOW, THEREFORE, the Department and the Municipality agree as follows:

1. The Department or a Consulting Engineering firm retained by the Department shall inspect, analyze, and prepare the necessary inspection reports for all bridges on the Municipal Street System in accordance with the National Bridge Inspection Standards..

2. All work shall be done in compliance with the following documents.

a. National Bridge Inspection Standards (23 CFR, Chapter 1 Part 650)

b. AASHTO Manual for Maintenance Inspection of Bridges –1994 including all Interim Revisions.

c. Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges - December, 1988

3. The Municipality shall be responsible for providing any required traffic control personnel during the work period.

4. The Municipality shall furnish all data in the possession of the Municipality that can be released that will help the Department or its Consultant in the accomplishment of the work including but not limited to appropriate municipal maps showing the location of the bridges, plans for the bridges when available, and any prior inspection reports.

5. During the inspection process, some repairs may be discovered that require immediate attention or repair, or a regulatory sign may be missing, damaged or incorrect. A Prompt Action Notice or Regulatory Sign Notice will be issued in these cases. It is required that the Municipality resolve the Prompt Actions and/or Regulatory Sign Notice within ninety (90) days of issuance.

6. The Municipality shall designate a responsible Municipal official with whom the Department or its Consultant will coordinate the work.

7. It is understood by the parties hereto that the Federal Highway Administration, through the Department, is to participate in the costs of the work to the extent of eighty (80) percent of actual costs, subject to compliance with all applicable federal policy and procedural rules and regulations. All costs not participated in by the Federal Highway Administration shall be borne by the Municipality.

8. Upon completion of the bridge inspection, and analysis work, the Department shall invoice the municipality for accumulated project costs not participated in by the Federal Highway Administration. Upon FHWA final audit, the Department shall invoice/refund the Municipality any differences in the amount previously invoiced and the actual costs not participated in by the Federal Highway Administration. Reimbursement shall be made by the Municipality within sixty (60) days of the invoice date. After the due date, a late payment penalty and interest shall be charged on any unpaid balance due in accordance with G.S. 147-86.23 and G.S. 105-24.1 (I).

9. In the event the Municipality fails for any reason to pay the Department in accordance with the provisions for payment hereinabove provided, the Municipality hereby authorizes the Department to withhold so much of the Municipality's share of funds allocated to said Municipality by the General Statutes of North Carolina, Section 136-41.1, until such time as the Department has received payment in full.

10. Upon completion of the work the Department shall maintain all books, documents, papers, accounting records, and such other evidence as may be appropriate to substantiate costs incurred under this agreement. Further, the Department shall make such materials available at its office for three (3) years from the date of payment of the Final Voucher by the Federal Highway Administration under this agreement, for inspection and audit by the Federal Highway Administration, or any authorized representatives of the Federal Government.

IT IS UNDERSTOOD AND AGREED that the approval of the work by the Department is subject to the conditions of this agreement, and that no expenditure of funds on the part of the Department will be made until the terms of this agreement have been complied with on the part of the Municipality.

IN WITNESS WHEREOF, this agreement has been executed, in duplicate, the day and year heretofore set out, on the part of the Department and the Municipality by authority duly given, as evidenced by the attached certified copy of resolution, ordinance or charter provision, as the case may be.

L.S. Attest City of Cary

____________________________________ ____________________________________

Clerk Mayor

Seal of Municipality

L.S. Attest Department of Transportation

_____________________________________ ________________________________

Secretary to the Board State Highway Administrator

Board of Transportation Seal

Approved as to Form

Roy Cooper

Attorney General

________________________________

Assistant Attorney General

Copy of a Resolution Passed by the Town Council

of the

City of Cary, North Carolina

The following resolution was introduced, and Council Member __________________________ moved that it be adopted. The motion was seconded by Council Member ______________________, and, upon being put to a vote, the resolution was ____________________carried,

WHEREAS, the City of Cary has requested the Department of Transportation to perform certain work under the Federal-Aid Highway Bridge Replacement and Rehabilitation Program, said work to consist of the inspection and analysis of all public bridges on the Municipal Street System in the City of Cary; and

WHEREAS, the City of Cary proposes to enter into an agreement with the North Carolina Department of Transportation for said work wherein the Department of Transportation or a Consulting Engineering firm retained by the Department of Transportation will inspect and prepare the necessary reports for all public bridges on the Municipal Street System in accordance with the National Bridge Inspection Standards; and

WHEREAS, under the proposed agreement the Federal Highway Administration shall reimburse the Department of Transportation for eighty (80) percent of the cost of the work subject to compliance with all applicable federal policy and procedural rules and regulations; and

WHEREAS, under the proposed agreement the City of Cary shall reimburse the Department of Transportation for all costs of the work incurred by the Department of Transportation not paid by the Federal Highway Administration.

NOW THEREFORE, BE IT RESOLVED that the agreement for the herein above referenced bridge inspection work is hereby formally approved by the City of Cary and the Mayor and Clerk (or Manager) of this Municipality are hereby empowered to sign and execute the required agreement between the City of Cary and the Department of Transportation.

This Resolution was passed and adopted the _______ day of _______________________, 2007.

I, ____________________, Clerk (or Manager) of the City of Cary, North Carolina, do hereby certify that the foregoing is a true and correct copy of excerpts from the minutes of the Town Council of this Municipality;

WITNESS, my hand and the official seal of the City of Cary on this the _____ day of _____________, 2007.

Seal of Municipality ________________________________

Clerk (or Manager)

City of Cary, North Carolina

ACTION: Mrs. Robison moved to approve the consent agenda, with the exception of item B.3.j., extending benefits to post term council members. Mr. Portman provided the second, and council granted unanimous approval.

(Resolution is also on file in the town clerk’s office.)

_________________________

b. SW Maynard Road Widening Project Condemnation Resolutions (EN08-045)
Committee unanimously recommended approval and execution of condemnation resolutions to securing necessary easements for the SW Maynard Road Widening Project.

Operations Committee, October 30, 2007

SW Maynard Road Widening Project Condemnation Resolutions (EN08-045)
Consideration of approval of condemnation resolutions to securing necessary easements for the SW Maynard Road Widening Project
Speaker: Mr. Tim Bailey

From: Tim Bailey, P.E., Engineering Director
Prepared by: Tommy Cline, Real Estate Specialist
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager

Staff has been working with property owners to secure rights of way and other easements necessary for the roadway improvements associated with the widening of the SW Maynard Road Widening project. A Condemnation Resolution was previously approved for road improvements for SW Maynard Road Widening Project on August 9, 2007. One property, owned by Gerald Thomas Kelly, Jr., in which the Town has already instituted action, requires additional easements for stream restoration and greenway as part of the Maynard Road Widening project to connect to other improvements by the Town of Cary. Staff is working with the property owner towards reaching an amicable settlement.

To minimize disruption to the construction schedule, Staff proposes approval of condemnation resolution. Staff will continue to work with property owner in an effort to reach a mutually agreeable settlement.

Fiscal Impact: The Town will incur the cost of eminent domain proceedings which are estimated to be between $1,600 and $5,000 and will be paid from existing and available funding within project ST1005, SW Maynard Road Widening project.

Staff Recommendation: Staff recommends approval and execution of the attached Resolution Authorizing Condemnation.

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

Gerald Thomas Kelly, Jr.

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Gerald Thomas Kelly, Jr. for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, stream restoration and greenway easements as a part of its work to construct and maintain the SW Maynard Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 7386 at page 796.

The property interest areas taken are more particularly described as follows:

Being all that Property of the Grantors contained within the areas described below:

Property of GERALD THOMAS KELLY, JR. – DB 7386 PG 796

Easement Area:

Commencing at an iron pipe at the southernmost corner of the aforementioned tract thence, N 28 - 21 - 24 E a distance of 361.89 feet to a point and place of beginning;

thence N 01 - 20 - 58 E a distance of 50.11 feet; thence S 89 - 45 - 16 E a distance of 25.80 feet; thence, S 28 - 21 - 24 W a distance of 56.80 feet to the point and place of beginning containing, 642 square feet, more or less as shown on a map entitled “Right of Way Easement Map for the Town of Cary of Maynard Road, Gerald Thomas Kelly, Jr. Property, Cary “, dated 8/13/03 and prepared by Stantec Consulting Inc. of Raleigh. The property described above is subject to all easements, rights-of-way, and restrictions of record.

Temporary Construction Easement:

Commencing at an iron pipe at the southernmost corner of the aforementioned tract

thence, N 28 - 21 - 24 E a distance of 323.74 feet to a point and place of beginning; thence N 02 - 18 - 46 W a distance of 83.83 feet; thence S 89 - 45 - 16 E a distance of 22.68 feet; thence S 01 - 20 - 58 W a distance of 50.11 feet; thence S 28 - 21 - 24 W a distance of 38.15 feet to the point and place of beginning, containing 1380 square feet, more or less as shown on a map entitled “Right of Way Easement Map for the Town of Cary of Maynard Road, Gerald Thomas Kelly, Jr. Property, Cary”, dated 8/13/03 and prepared by Stantec Consulting Inc. of Raleigh. Following construction of the stream restoration project this temporary construction area will be graded, seeded and mulched and all temporary easements shall terminate.

2. The attorneys representing the Town of Cary are directed to institute the necessary proceedings under NCGS § 40A-1, et. seq. as authorized by NCGS § 160A-296(a)(3) and/or other appropriate statutory provisions and local acts to acquire the property herein described.

________________________________

Ernest F. McAlister, Mayor

Adopted this November 8, 2007.

I, Sue M. Rowland, Clerk of the Town of Cary, do hereby certify that the foregoing is a true copy of a resolution which was duly adopted by Town Council of the Town of Cary at its meeting on August 8, 2007..

____________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

(Resolution is also on file in the town clerk’s office.)

_________________________

c. Evans Road Widening Project Condemnation Resolutions (EN08-046)
Committee unanimously recommended approval and execution of amended condemnation resolutions for the Evans Road Widening Project.

STAFF REPORT

Operations Committee, October 30, 2007

Evans Road Widening Project Condemnation Resolutions (EN08-046)
Consideration of amendment of condemnation resolutions for the Evans Road Widening Project
Speaker: Mr. Tim Bailey

From: Tim Bailey, P.E., Engineering Director
Prepared by: Yulonda Moore, Real Estate Specialist
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager

Council previously adopted condemnation resolutions for right of way and easements needed for the Evans Road Widening Project in June 2006. Staff has continued to work diligently with all affected property owners and have been successful in reaching amicable settlements with several owners.

It was recently discovered that the descriptions in the original resolutions omitted special language pertaining to slopes on the project. The consultants for this project did not separate the temporary construction easement (TCE) and permanent slope easement (PSE) areas on the plats. Special language was adapted to reflect that this grading for slopes would be permanent. This language was omitted from the original resolutions.

Staff recommends approval of the resolutions to minimize any misunderstanding that may result from the plats. Staff will continue to work with all property owners in an effort to reach a mutually agreeable settlement.

Staff Recommendation: Staff recommends approval and execution of the attached Resolutions Authorizing Condemnation.

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

"HERBERT AND ANITA BAILEY"

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Herbert and Anita Bailey for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Evans Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 12452 at page 2355.

The property interest areas taken are more particularly described as follows:

RIGHT OF WAY DEDICATION PART A

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,203.3253, E = 2,061,052.2157, thence North 72°14'55" East 14.76’; thence North 26°29'40" West 128.11’; thence South 70°27'53" West 13.66’; thence South 26°23'16" East 84.64’; thence along a curve to the right having a radius of 1161.23’, an arc length of 42.89’, a chord of 42.89’ with a chord bearing of South 25°19'47" East to the point and place of beginning, containing 1,761 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 5 and 6 of 8 and dated 4/28/04.

RIGHT OF WAY DEDICATION PART B

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,376.1921, E = 2,060,982.3517, thence North 26°29'40" West 91.05’; thence South 68°23'49" West 13.33’; thence South 26°23'16" East 15.14’; thence South 26°23'16" East 26.00’; thence South 26°23'16" East 49.39’; thence North 70°29'53" East 13.55’ to the point and place of beginning, containing 1,214 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 5 of 8 and dated 4/28/04.

PERMANENT DRAINAGE EASEMENT

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,405.6964, E = 2,060,927.0205, thence North 63°36'44" East 23.00’; thence North 26°23'16" West 26.00’; thence South 63°36'44" West 12.00’; thence South 63°36'44" West 11.00’; thence South 26°23'16" East 26.00’ to the point and place of beginning, containing 598 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 5 and 6 of 8 and dated 4/28/04.

TEMPORARY CONSTRUCTION EASEMENT PART A

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,198.7215, E = 2,061,037.8346, thence North 72°14'55" East 15.10’; thence along a curve to the left having a radius of 1161.23’, an arc length of 42.89’, a chord of 42.89’ with a chord bearing of North 25°19'47" West; thence North 26°23'16" West 84.64’; thence South 70°27'53" West 15.11’; thence South 26°23'16" East 86.44’; thence along a curve to the right having a radius of 1146.23’, an arc length of 40.63’, a chord of 40.62’ with a chord bearing of South 25°22'21" East to the point and place of beginning, containing 1,910 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project. No. Cary 01-015, Sheet 5 and 6 of 8 and dated 4/28/04.

Following construction of the sidewalks, curb and gutter, etc. and final acceptance for routine maintenance by the applicable governing authority, this temporary construction area will be graded and restored, using conventional engineering practices, and all temporary easements shall terminate. All soil material placed herein or removed from this area and the contour of this area shall remain permanently after termination of this easement.

TEMPORARY CONSTRUCTION EASEMENT PART B

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,363.9339, E = 2,060,947.7405, thence North 26°23'16" West 46.62’; thence North 63°36'44" East 23.00’; thence South 26°23'16" East 49.39’; thence South 70°29'53" West 23.17’ to the point and place of beginning, containing 1,104 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 5 and 6 of 8 and dated 4/28/04.

TEMPORARY CONSTRUCTION EASEMENT PART C

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,433.8811, E = 2,060,925.3157, thence North 26°23'16" West 16.14’; thence North 68°23'49" East 12.04’; thence South 26°23'16" East 15.14’; thence South 63°36'44" West 12.00’ to the point and place of beginning, containing 188 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 5 and 6 of 8 and dated 4/28/04.

___________________________________

Ernest F. McAlister, Mayor

Adopted this 8^th day of November, 2007.

Witness my hand and the official seal of the Town of Cary on this the 8^th day of November, 2007.

____________________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

Prenetta R. Evans

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Prenetta R. Evans for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Evans Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 1419 at page 467.

The property interest areas taken are more particularly described as follows:

RIGHT OF WAY:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,804.5253, E = 2,060,916.4072; thence South 89°00'23" East 15.50’; thence to a point on a curve concave to the east having a radius of 909.93 feet and a central angle of 16°03'02" being subtended by a chord which bears South 14°26'10" East 254.07 feet an arc length of 254.90 feet; thence South 72°54'36" West 16.54’; thence to a point on a curve an arc length of 259.82 feet along the curve concave to the east, having a radius of 924.94 feet and a central angle of 16°05'40", and a chord which bears North 14°05'13" West 258.96’ to the point and place of beginning, containing 4,099 square feet, more or less according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 6 of 8 and dated 4/28/04and revised 5/16/06.

TEMPORARY CONSTRUCTION EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,562.9054, E = 2,060,994.1489, thence South 72°54'36" West 15.07’; thence to a point on a curve concave to the east having a radius of 909.93 feet and a central angle of 14°10'40" being subtended by a chord which bears North 15°22'21" West 224.59 feet a distance of 225.16 feet to a point; thence South 66°24'15" East 75.29’; thence North 87°08'14" East 30.31’; thence North 81°31'28" East 79.10’; thence South 12°46'27" East 30.91’; thence South 60°10'26" West 113.76’; thence South 12°34'16" West 90.65’; thence to the beginning of a curve concave to the east having a radius of 894.84 feet and a central angle of 1°22'37" and being subtended by a chord which bears South 21°51'48" East 21.50 feet; a distance of 21.51 feet to the point and place of beginning, containing 15,383 square feet, more or less according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 6 of 8 and dated 4/28/04and revised 5/16/06.

PERMANENT DRAINAGE EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 749,804.5253, E = 2,060,916.4072; thence South 89°00'23" East 286.94’; thence South 55°42'19" East 108.50’; thence South 17°06'43" East 44.89’; thence North 56°06'07" West 121.92’; thence South 87°05'23" West 107.37’; thence South 81°31'28" West 79.10’; thence South 87°08'14" West 30.31’; thence North 66°24'15" West 75.29’; thence to a point on a curve concave to the east having a radius of 909.93 feet and a central angle of 1°52'23" and being subtended by a chord which bears North 07°20'50" West 29.74 feet, a distance of 29.74 feet to the point and place of beginning, containing 16,232 square feet, more or less according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 6 of 8 and dated 4/28/04and revised 5/16/06.

___________________________________

Ernest F. McAlister, Mayor

Adopted this November 8, 2007.

Witness my hand and the official seal of the Town of Cary on this 8^th day of November, 2007.

____________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

“eva doris jones”

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Eva Doris Jones

for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Evans Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 7527 page 0001.

The property interest areas taken are more particularly described as follows:

RIGHT OF WAY:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 750464.0086, E = 2060796.0605, thence North 88°55'22" West 33.38’; thence North 44°40'35" East 33.93’; thence along a curve to the right having a radius of 5774.58’, an arc length of 22.76’, a chord of 22.76’ with a chord bearing of North 01°25'52" West; thence North 01°19'03" West 82.84’; thence South 88°55'47" East 8.43’; thence South 01°34'09" East 130.22’ to the point and place of beginning, containing 1,432 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 8 of 8 and dated 4/28/04.

TEMPORARY CONSTRUCTION EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 750465.1248, E = 2060736.7429, thence North 24°04'14" East 93.98’; thence North 01°19'03" West 43.60’; thence South 88°55'47" East 10.00’; thence South 01°19'03" East 82.84’; thence along a curve to the left having a radius of 5774.58’, an arc length of 22.76’, a chord of 22.76’ with a chord bearing of South 01°25'52" East; thence South 44°40'35" West 33.93’; thence North 88°56'40" West 25.96’ to the point and place of beginning, containing 2,747 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 8 of 8 and dated 4/28/04.

___________________________________

Ernest F. McAlister, Mayor

Adopted this November 8, 2007.

Witness my hand and the official seal of the Town of Cary on this 8^th day of November, 2007.

____________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

“george a. farrar and kay farrar”

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by George A. Farrar and Kay Farrar for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Evans Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 3154 at page 685.

The property interest areas taken are more particularly described as follows:

RIGHT OF WAY:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 750387.0370, E = 2060880.2712, thence South 88°59'25" West 19.52’; thence South 03°34'35" East 100.00’; thence North 88°59'25" East 18.67’; thence North 03°30'20" West 9.58’; thence along a curve to the right having a radius of 5,684.58’, an arc length of 90.39’, a chord of 90.39’ with a chord bearing of North 03°03'00" West to the point and place of beginning, containing 1,893 square feet, more or less according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 7 of 8 and dated 4/28/04.

TEMPORARY CONSTRUCTION EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 750387.0370, E = 2060880.2712, thence North 88°59'25" East 20.49’; thence South 33°23'53" West 9.32’; thence along a curve to the left having a radius of 5669.58’, an arc length of 82.14’, a chord of 82.14’ with a chord bearing of South 03°05'28" East; thence South 03°30'20" East 10.14’; thence South 88°59'25" West 15.01’; thence North 03°30'20" West 9.58’; thence along a curve to the right having a radius of 5684.58’, an arc length of 90.39’, a chord of 90.39’ with a chord bearing of North 03°03'00" West; to the point and place of beginning, containing 1,520 square feet, more or less according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 7 of 8 and dated 4/28/04.

___________________________________

Ernest F. McAlister, Mayor

Adopted this November 8, 2007.

Witness my hand and the official seal of the Town of Cary on this 8^th day of November, 2007.

____________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

“lawrence everett leslie and ruby m. leslie”

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Lawrence Everett Leslie and Ruby M. Leslie for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Evans Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 1786 page 683.

The property interest areas taken are more particularly described as follows:

RIGHT OF WAY:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 748815.4662, E = 2061151.4068, thence along a curve to the right having a radius of 1161.23‘, an arc length of 95.81’, a chord of 95.78’ with a chord bearing of South 02°03'20" East; thence North 83°51'55" East 16.03‘; thence North 01°29'25" East 32.60‘; thence along a curve to the left having a radius of 924.93’, an arc length of 64.77’, a chord of 64.76’ with a chord bearing North 00°30'57" West; thence South 80°22'55" West 19.92‘ to the point and place of beginning, containing 1,720 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 4 of 8 and dated 4/28/04.

TEMPORARY CONSTRUCTION EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 748815.4662, E = 2061151.4068, thence along a curve to the right having a radius of 1161.23‘, an arc length of 95.81’, a chord of 95.78’ with a chord bearing of South 02°03'20" East; thence South 83°51'55" West 45.37‘; thence North 01°23'16" East 4.23‘; thence South 89°38'52" East 28.00‘; thence along a curve to the left having a radius of 1144.23’, an arc length of 93.74’, a chord of 93.71’ with a chord bearing of North 01°59'41" West; thence North 80°22'55" East 17.07‘ to the point and place of beginning, containing 1,689 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 4 of 8 and dated 4/28/04.

___________________________________

Ernest F. McAlister, Mayor

Adopted this November 8, 2007.

Witness my hand and the official seal of the Town of Cary on this 8^th day of November, 2007.

____________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

“CARY FIRST CHRISTIAN CHURCH, INC., A NC NON-PROFIT CORPORATION”

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Cary First Christian Church, Inc., a North Carolina Non-profit Corporation, for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Evans Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 12253 at page 1116.

The property interest areas taken are more particularly described as follows:

RIGHT OF WAY:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 748206.7698, E = 2061081.7771, thence along a curve to the left having a radius of 909.93’, an arc length of 146.47’, a chord of 146.31’ with a chord bearing of North 17°29'48" East; thence North 35°53'35" West 34.89’; thence South 84°23'45" East 42.64’; thence along a curve to the right having a radius of 924.54’, an arc length of 172.28’, a chord of 172.03’ with a chord bearing of South 16°32'36" West; thence North 85°43'17" West 17.03’ to the point and place of beginning, containing 3,165 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 4 of 8 and dated 4/28/04.

TEMPORARY CONSTRUCTION EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 748206.7698, E = 2061081.7771, thence along a curve to the left having a radius of 909.93’, an arc length of 146.47’, a chord of 146.31’ with a chord bearing of North 17°29'48" East; thence North 35°53'35" West 34.89’; thence North 84°23'45" West 19.56’; thence South 17°18'45" East 59.84’; thence along a curve to the right having a radius of 894.93’, an arc length of 91.36’, a chord of 91.32’ with a chord bearing of South 17°48'30" West; thence South 49°32'46" West 21.15’; thence South 23°07'55" West 10.81’; thence South 85°43'17" East 26.47’ to the point and place of beginning, containing 3,298 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 4 of 8 and dated 4/28/04.

___________________________________

Ernest F. McAlister, Mayor

Adopted this November 8, 2007.

Witness my hand and the official seal of the Town of Cary on this 8^th day of November, 2007.

____________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION

TO ACQUIRE CERTAIN PROPERTY OF

“herbert allen evans and jeanette evans”

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by Herbert Allen Evans and Jeanette Evans for the following public purpose:

To protect the public health, to provide the public with an adequate and sound transportation system, and to improve such system to meet the need for expanded or upgraded services, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Evans Road Widening Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 1670 at page 587.

The property interest areas taken are more particularly described as follows:

RIGHT OF WAY:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983,

N = 746973.0766, E = 2060679.4730, thence North 13°43'48" East 130.51’; thence North 86°41'42" West 18.74’; thence South 13°30'57" West 110.87’; thence South13°30'57" West 19.85’; thence South 87°35'16" East 18.30’ to the point and place of beginning, containing 2,376 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 1 of 8 and dated 4/28/04.

TEMPORARY CONSTRUCTION EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 746993.1382, E = 2060665.8284, thence North 13°30'57" East 110.87’; thence North 86°41'42" West 27.14’; thence South 16°13'49" West 69.59’; thence South 13°30'57" West 12.05’; thence South 01°58'36" West 25.00’; thence South 76°29'03" East 25.00’ to the point and place of beginning, containing 3,071 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 1 of 8 and dated 4/28/04.

PERMANENT DRAINAGE EASEMENT:

Beginning at a point having US Survey Feet NC Grid Coordinates, NAD 1983, N = 746973.8379, E = 2060661.1892, thence North 13°30'57" East 19.85’; thence North 76°29'03" West 25.00’; thence South 13°30'57" West 24.75’; thence South 87°35'16" East 25.48’ to the point and place of beginning, containing 557 square feet according to a map entitled “Town of Cary Engineering Department, Evans Road Right of Way Plats From N.W. Maynard Road to Thorpe Drive,” Project No. Cary 01-015, Sheet 1 of 8 and dated 4/28/04.

UTILITY EASEMENT:

Containing 0.64 acres, more or less, and being the land described in a deed from William L. Dawkins, et ux to Herbert Allen Evans, dated March 5, 1965 and recorded in Book 1670, page 587, Wake County Registry, LESS AND EXCEPT any prior out-conveyances, and to construct, maintain, and operate electric and/or communication facilities thereon consisting of poles, cables, wires, guys, anchors, underground conduits, and other pertinent facilities within an easement area thirty (30) feet wide, with the right to do all things necessary, including, but not being limited to, the right: (a) to enter said easement area at all times over the adjacent land to inspect, repair, maintain, and alter said facilities; (b) to keep said easement area cleared of trees, shrubs, undergrowth, buildings, structures, and obstructions; (c) to trim or cut any tree adjacent to said easement area that may, in the opinion of PEC, endanger the overhead facilities or hinder the maintenance, operation, and use of the same; and (d) to install, at angle points of the overhead facilities, guy wires and anchors outside of said easement area. The center line of the facilities shall be the center line of said easement area.

Said utility easement in perpetuity is for the installation and maintenance of utilities, for all purposes for which the Town of Cary is authorized by law to subject the same. The Town of Cary its agents and assigns, including but not limited to Progress Energy shall have the right to construct and maintain in a proper manner in, upon, and through the above described permanent utility easement area, a utility line or lines with all necessary pipes, poles and appurtenances, together with the right at all times to enter said area for the purpose of inspecting said utility lines and making all necessary repairs and alterations thereon, together with the right to cut away and keep clear of said utility lines, all trees and other obstructions that may in any way endanger or interfere with the proper maintenance and operation of the same, and together with the right of ingress, egress and regress to and from said area at all times

___________________________________

Ernest F. McAlister, Mayor