STAFF REPORT
Operations Committee,
August 2, 2006
Condemnation Resolutions for the Fire Station
7 Sewer Project (EN07-016)
Consideration of adopting condemnation resolutions for the Fire Station 7
sewer project
Speaker: Steve Brown
From:
Tim Bailey, P.E. Director of Engineering
Prepared by: Sandi Bailey, Real Estate Specialist
Approved by: William B. Coleman, Jr., Town Manager
Approved by: Benjamin T. Shivar, Assistant Town Manager
Town
staff has been diligently working to acquire utility easements for the
revised alignment of the Fire Station 7 sewer line. All but two of the
necessary easements have been acquired. The following are the properties
and property owners for which staff has been unable to obtain signed
easements:
Henry L. Fisher, Jr.
4144 Howard Road
Cary, NC 27519
Location:
4144 Howard Road
PIN #0735553829
Howard Road Right of Way (a
private road)
Cary, NC 27519
Location: intersects with
Carpenter Fire Station
Road
Ownership Interests held
equally by:
Simmie S. Kastner and Jerome
M. Davis
Joyce B. Ferguson
HF Investors LLC
Richard G. Dean and Dorothy V.
Dean
Henry L. Fisher, Jr.
Note that all parties to the
Howard Road easement
have signed except for Mr. Henry L. Fisher, Jr. Staff has been given no
indication that this property owner is unwilling to convey the easements.
However, staff has been unable to reach Mr. Fisher and has received no
response from this owner since the initial contacts.
To minimize disruption to the
construction schedule, staff is requesting that the Council approve this
request for the adoption of Condemnation Resolutions. Staff will continue
to try to contact Mr. Fisher in an effort to settle the easements and avoid
condemnation proceedings.
Fiscal Impact:
The Town will incur the cost of
eminent domain proceedings which are estimated to
be initially between $1,600 and $5,000
plus negotiated settlement costs for each property and will be paid from
existing and available funding within the Fire Station 7 Offsite Sewer
Extension Project (SW1116).
Staff Recommendation:
Staff recommends approval and
execution of the two attached Resolutions Authorizing Condemnation.
A RESOLUTION AUTHORIZING CONDEMNATION
TO ACQUIRE CERTAIN PROPERTY OF HENRY L. FISHER, 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 Henry L. Fisher, Jr. for the following public purpose:
To protect the public health, to provide the
public with an adequate and sound sanitary sewer 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 Fire Station #7 Sewer Line 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 2429 Page 0538.
The property interest areas taken are more
particularly described as follows:
UTILITY AND PIPELINE
EASEMENT:
BEGINNING at an existing
iron pipe located at the northwesternmost corner of the 60’ right of way for
Howard Road, a private road, and said iron pipe also being located in the
property line of a parcel owned by Henry L. Fisher Jr. as shown in Wake County
Book of Maps 1981 page 448, proceeding thence S 00-40-17 E 41.68’ to the PLACE
AND POINT OF BEGINNING, thence N 61-00-41 W 20.00’, thence N 77-21-26 W 141.74’
to a point on the western property line of said Fisher tract, thence along that
western property line S 00-37-39 E 20.55’, thence leaving the western property
line S 77-21-26 E 134.15’, thence S 61-00-41 E 28.52’, thence N 00-40-17 W
23.02’ to the POINT AND PLACE OF BEGINNING, containing 3,244 sq. ft., or 0.07
acres, according to a plat entitled “Right of Way and Easement Map for the
Property of HF Investors LLC., Dean, Fisher, Brown, Barney, & Sugar-Dinatale”
dated 3/8/06 and last revised 6/22/06 as prepared by the Town of Cary
Engineering Department.
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-240.1(a), (b) and § 296(a)(3) and/or other
appropriate statutory provisions and local acts to acquire the property herein
described.
________________________________
Ernest F. McAlister,
Mayor
Adopted this August 10, 2006.
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 10, 2006.
Witness my hand and the official seal of the
Town of Cary on this 10th day of August, 2006.
________________________________
Sue M.
Rowland, Town Clerk
(Municipal Seal)
A RESOLUTION AUTHORIZING CONDEMNATION
TO ACQUIRE CERTAIN
PROPERTY OF
Howard Road, a
private roadway, held with equal interest
by Simmie Kastner and
Jerome Davis, Joyce B. Ferguson,
HF Investors LLC,
Richard and Dorothy Dean,
and Henry L. Fisher,
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 on Howard Road, a private roadway, held
with equal interest by Simmie Kastner and Jerome Davis, Joyce B. Ferguson, HF
Investors LLC, Richard and Dorothy Dean, and Henry L. Fisher, Jr. for the
following public purpose:
To protect the public
health, to provide the public with an adequate and sound sanitary sewer 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 Fire Station #7 Sewer Line 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 Howard Road, a private road, described in
Book of Maps 1975 Page 0283 and Book of Maps 1973 Page 329.
The property interest areas
taken are more particularly described as follows:
UTILITY AND PIPELINE
EASEMENT:
BEGINNING at an
existing iron pipe located at the northwesternmost corner of the 60’ right of
way for Howard Road, a private road, and said iron pipe also being located in
the property line of a parcel owned by Henry L. Fisher Jr. as shown in Wake
County Book of Maps 1981 page 448, proceeding thence S 00-40-17 E 41.68’ to the
PLACE AND POINT OF BEGINNING, thence S 61-00-41 E 161.96’, thence S 77-43-39 E
98.33’, thence N 77-26-02 E 367.44’, thence S 62-29-28 E 61.67’, thence S
82-02-58 E 127.71’ to a point on the easternmost right of way line of Howard
Road, and said point also being located on the western property line of a parcel
owned by Joyce B. Ferguson as described in Wake County Deed Book 2222 page 214,
thence along that common line S 01-43-47 W 20.12’, thence leaving that common
line N 82-02-58 W 133.33’, thence N 62-29-28 W 57.83’ to an existing iron pipe
located in the southern right of way of Howard Road and the northern property
line of a parcel owned by Thomas A. Dinatale and Debra Sugar as described in
Wake County Deed Book 8522 page 1115, thence S 77-26-02 W 364.56’, thence N
77-43-39 W 105.67’, thence N 61-00-41 W 153.51’, thence N 00-40-17 W 23.02’ to
the POINT AND PLACE OF BEGINNING,
containing 16,320 sq. ft., or 0.37 acres, according to a plat entitled “Right of
Way and Easement Map for the Property of HF Investors LLC., Dean, Fisher, Brown,
Barney, & Sugar-Dinatale” dated 3/8/06
and last revised 6/22/06 as prepared by the Town of Cary Engineering Department.
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-240.1(a),
(b) and § 296(a)(3) and/or other appropriate statutory provisions and local acts
to acquire the property herein described.
________________________________
Ernest F. McAlister,
Mayor
Adopted this August 10, 2006.
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 10, 2006.
Witness my hand and the official seal of the
Town of Cary on this 10th day of August, 2006.
________________________________
Sue M. Rowland, Town
Clerk
(Municipal Seal)