STAFF REPORT
Operations Committee January 3, 2008
Summerwinds Water and Sewer Extension Resolution
(EN08-060A)
Consideration of approval of condemnation resolutions
related to securing easements for the Summerwinds Water and Sewer Extension
Project
Speaker: Mr. Tim Bailey
From: Tim Bailey, P.E., Engineering Director
Prepared by: Tommy Cline, Real Estate Manager
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager
Consideration of Condemnation Resolution was tabled at the December 13, 2007 Town Council meeting until January 10, 2008. Staff has been working with property owners to secure easements necessary for improvements associated with providing water and sewer service to Summerwinds Subdivision Phase 1 & 2. Negotiations are ongoing and progress has been made toward reaching amicable settlements. In some of the cases below, several property owners have sought input into design changes that are being investigated. Staff is continuing to pull together information for all property owners to facilitate their understanding of the project.
To minimize disruption to the construction schedule, staff proposes approval of condemnation resolutions. Staff will continue to work in an effort to reach a mutually agreeable settlement. The owners and properties affected are:
Michael W. and Angela M. Seagle
6833 Tryon Road
PIN 076415744737
Keith F. and Jennifer F. Medlin
123 Ambiance Place
PIN 076215730447
James H. and Debra A. Clare
121 Ambiance Place
PIN 076215731529
Joseph and Leigh Stallings
203 E. Green Forest Drive
PIN 076216933779
James and Susan Heist
105 Springbrook Place
PIN 076215744126
Joseph Vas
208 W. Green Forest Drive
PIN 076215732796
Fiscal Impact: The Town will incur costs of eminent domain proceedings which are estimated to be initially from $800 to $2500. Those funds are covered in the project account balance (SW5005).
Staff recommendation: Staff recommends approval of the resolutions authorizing condemnation.
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF MICHAEL W. SEAGLE & ANGELA M. SEAGLE
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 Michael and Angela Seagle for the following public purposes:
To protect the public health, to provide the public with an adequate and sound wastewater 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 Summerwinds Water & Sewer Extension 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 6557, page 425, Wake County Registry.
The easement area taken is more particularly described as follows:
UTILITY AND PIPELINE EASEMENT:
BEGINNING AT A POINT on the common property line of the grantors and Roger and Pamela Sims, now or formerly, said point being the southwestern property corner of the grantors and the southeastern property corner of Roger and Pamela Sims, now or formerly, thence N 0° 28' 11" W, 10.05', thence S 84° 46' 32" E, 160.03', thence S 0° 28' 40" E, 10.05', thence N 84° 46' 36" W, 160.03', to the POINT AND PLACE OF BEGINNING, containing 1,600 square feet, more or less according to a map by the Town of Cary Engineering Department entitled "Right of Way and Easement Map for the Property of Freda, Allen, Seagle, Sims, & Calwell, Summerwinds Water & Sewer Extension, Sheet 1 of 7," dated 10/3/07.
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 § 40A-3(b)(4) and/or other appropriate statutory provisions and local acts to acquire the property herein described.
___________________________________
Harold Weinbrecht, Jr., Mayor
Adopted this ____ day of ________, 20__.
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 _______ __, 20__.
Witness my hand and the official seal of the Town of Cary on this the ____ day of ______, 20__.
____________________________________
Sue M. Rowland, Town Clerk
(Municipal Seal)
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF KEITH F. MEDLIN & JENNIFER F. MEDLIN
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 Keith and Jennifer for the following public purposes:
To protect the public health, to provide the public with an adequate and sound wastewater 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 Summerwinds Water & Sewer Extension 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 4514, page 133, Wake County Registry.
The easement area taken is more particularly described as follows:
UTILITY AND PIPELINE EASEMENT:
BEGINNING AT A POINT, located on the right of way of Ambience Place and being a the northern corner of the Grantor and a southern corner of James and Debra Clare, now or formerly, thence with the common property line of the Grantor and Clare N88° 42' 56"E, 10.54' to an existing iron pin, thence continuing along the common line S47° 21' 31"E, 44.91' to an existing iron pin, thence continuing with the common line N89° 43' 25"E, 137.61' to an existing iron pin, thence leaving the common line with the Grantor and Clare S0° 25' 34"E, 10.00' to a point, thence S89° 43' 25"W, 141.98', thence N44° 19' 53"W, 56.21' to the POINT AND PLACE OF BEGINNING and containing 1845 square feet, more or less according to a map entitled, “Right of Way and Easement Map for the Property of Clare J. & Medlin J., Summerwinds Water and Sewer Extension, Sheet 4 of 7”, dated 10/08/2007 and revised 11/15/2007, prepared by the Town of Cary Engineering.
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 § 40A-3(b)(4) and/or other appropriate statutory provisions and local acts to acquire the property herein described.
___________________________________
Harold Weinbrecht, Jr., Mayor
Adopted this ____ day of ________, 20__.
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 _______ __, 20__.
Witness my hand and the official seal of the Town of Cary on this the ____ day of ______, 20__.
____________________________________
Sue M. Rowland, Town Clerk
(Municipal Seal)
RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY
OF JAMES H. CLARE & DEBRA A. CLARE
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 James and Debra Clare for the following public purposes:
To protect the public health, to provide the public with an adequate and sound wastewater 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 Summerwinds Water & Sewer Extension 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 4480, page 295, Wake County Registry.
The easement area taken is more particularly described as follows:
UTILITY AND PIPELINE EASEMENT:
BEGINNING AT A POINT in the right of way of Ambience Place, said point also being an existing iron pin on the southwest property corner of the Grantors and the northwest corner of Keith and Jennifer Medlin, now or formerly, thence with the right of way of Ambience Place with a curve to the left having a length of 22.24' and a radius of 40.58' and a cord direction and length of N 27° 29' 07" E, 21.96’, thence leaving the right of way of Ambience Place S 43° 34' 27" E, 54.72' to a point, thence N 89° 43' 25" E, 133.25' to a point on the eastern line of the Grantor, thence with the eastern line of the Grantor S 0° 25' 34" E, 10.00' to an existing iron pin on the northeast property corner of Keith and Jennifer Medlin, now or formerly, thence with the common property line of the Grantor and Medlin S 89° 43' 25" W, 137.61' to an iron pin, thence continuing along the common line N 47° 21' 31" W, 44.91’ to an iron pin, thence continuing with the common line S 88° 42' 56" W, 10.54’ to the Point and Place of Beginning, containing 2,019 Sq. Ft. more or less according to a map entitled, “Right of Way and Easement Map for the Property of Clare J. & Medlin J., Summerwinds Water and Sewer Extension, Sheet 4 of 7”, dated 10/08/2007 and revised 11/15/2007 and prepared by the Town of Cary Engineering.
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 § 40A-3(b)(4) and/or other appropriate statutory provisions and local acts to acquire the property herein described.
___________________________________
Harold Weinbrecht, Jr., Mayor
Adopted this ____ day of ________, 20__.
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 _______ __, 20__.
Witness my hand and the official seal of the Town of Cary on this the ____ day of ______, 20__.
____________________________________
Sue M. Rowland, Town Clerk
(Municipal Seal)
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF
JOSEPH H. STALLINGS & LEIGH L. STALLINGS
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 Joseph and Leigh Stallings for the following public purposes:
To protect the public health, to provide the public with an adequate and sound wastewater 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 Summerwinds Water & Sewer Extension 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 4742, page 253, Wake County Registry.
The easement area taken is more particularly described as follows:
UTILITY AND PIPELINE EASEMENT:
COMMENCING AT A POINT, said point being a common property corner of the grantors and Lisa Ann Dale and Robert Morgan, now or formerly, said point also being the northwestern property corner of the grantors and a southwestern property corner of Lisa Ann Dale and Robert Morgan, now or formerly, thence along said common property line N 80° 11' 45" E, 166.40' to the POINT AND PLACE OF BEGINNING, proceeding thence N 80° 11' 45" E, 21.11', thence S 8° 50' 04" W, 139.06', thence S 45° 28' 07" W, 16.09', thence N 82° 28' 32" W, 25.36', thence N 45° 28' 07" E, 25.06', thence N 8° 50' 04" E, 125.69' to the POINT AND PLACE OF BEGINNING, containing 3,059 square feet, more or less according to a map by the Town of Cary Engineering Department entitled "Right of Way and Easement Map for the Property of Evans, Dale, Stallings, & Dallas, Summerwinds Water & Sewer Extension, Sheet 5 of 7," dated 10/8/07.
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 § 40A-3(b)(4) and/or other appropriate statutory provisions and local acts to acquire the property herein described.
___________________________________
Harold Weinbrecht, Jr., Mayor
Adopted this ____ day of ________, 20__.
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 _________, 20__.
Witness my hand and the official seal of the Town of Cary on this the ____ day of ______, 20__.
____________________________________
Sue M. Rowland, Town Clerk
(Municipal Seal)
RESOLUTION
AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY
OF JAMES A. HEIST & SUSAN C. HEIST
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 James and Susan Heist for the following public purposes:
To protect the public health, to provide the public with an adequate and sound wastewater 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 Summerwinds Water & Sewer Extension 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 4254, page 424, Wake County Registry.
The easement area taken is more particularly described as follows:
UTILITY AND PIPELINE EASEMENT:
BEGINNING at a common property corner of the grantors and Barbara Ruben, now or formerly said corner being the southwestern corner of the grantor and a northwestern corner of Barbara Ruben, now for formerly, thence N 48° 22' 34" E, 148.81', thence N 51° 30' 27" E, 16.15', thence N 48° 24' 51" E, 133.53', thence along a curve with a radius of 48.93' and a chord bearing and distance of S 54° 13' 02' E, 20.50', thence S 48° 24' 51" W, 138.55', thence S 51° 30' 27" W, 154.82', thence N 79° 50' 59" W, 15.82', to the POINT AND PLACE OF BEGINNING containing 5,472 square feet, more or less according to a map by the Town of Cary Engineering Department entitled "Right of Way and Easement Map for the Property of Livingston, R., Cohen, M., & Heist, J., Sheet 2 of 7," dated 10/08/07.
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 § 40A-3(b)(4) and/or other appropriate statutory provisions and local acts to acquire the property herein described.
___________________________________
Harold Weinbrecht, Jr., Mayor
Adopted this ____ day of ________, 20__.
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 _______ __, 20__.
Witness my hand and the official seal of the Town of Cary on this the ____ day of ______, 20__.
____________________________________
Sue M. Rowland, Town Clerk
(Municipal Seal)
RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF
JOSEPH J. VAS
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 Joseph J. Vas for the following public purposes:
To protect the public health, to provide the public with an adequate and sound wastewater 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 Summerwinds Water & Sewer Extension 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 8447, page 2424, Wake County Registry.
The easement area taken is more particularly described as follows:
UTILITY AND PIPELINE EASEMENT:
BEGINNING AT A POINT, on the common property corner of the Grantors and Stephen G. and Leslie C. Dinwiddie, said corner being the southwest corner of the Grantors and the northwest corner of Dinwiddie, thence N 0° 25' 15" W, 372.47' to a point, thence S 41° 48' 19" E, 52.93' to a point, thence S 0° 28' 45" E, 69.25' to a point, thence S 0° 54' 28" W, 60.21' to a point thence, N 89° 05' 32" W, 2.50' to a point, thence S 0° 54' 28" W, 58.33' to a point, thence S 0° 22' 27" E, 81.33' to a point, thence S 89° 37' 33" W, 2.50' to a point, thence S 0° 22' 27" E, 49.74' to a point, thence S 62° 21' 40" W, 30.60' to the POINT AND PLACE OF BEGINNING, containing 10,928 square feet, more or less, according to a map by the Town of Cary Engineering Department entitled "Right of Way and Easement Map for the Property of Ruben, Vas, Dinwiddie, & Spader, Summerwinds Water & Sewer Extension, Sheet 3 of 7," dated 10/8/07.
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 § 40A-3(b)(4) and/or other appropriate statutory provisions and local acts to acquire the property herein described.
___________________________________
Harold Weinbrecht, Jr., Mayor
Adopted this ____ day of ________, 20__.
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 _______ __, 20__.
Witness my hand and the official seal of the Town of Cary on this the ____ day of ______, 20__.
____________________________________
Sue M. Rowland, Town Clerk
(Municipal Seal)