STAFF REPORT

Operations Committee, April 30, 2008

Belhaven Road Sidewalk Project Condemnation Resolution (EN08-091)
Consideration of approval of condemnation resolutions to secure necessary easements for the Belhaven Road Sidewalk 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

Staff has been working to acquire easements necessary for the construction of the Belhaven Road Sidewalk project.  Acquisition is near completion with the exception of one property owner with whom the Town has contacted, but attempts at follow-ups have been unsuccessful.  To minimize disruption to the construction schedule, Staff proposes approval of the condemnation resolution.  Staff will continue in its attempts to reach an agreeable settlement with the owner.

The owner and property affected is:

James Coleman Pittman

800 Roanoke Drive

PIN 076411550474

Fiscal Impact:  The Town will incur costs of eminent domain proceedings which are estimated to be initially $800 to $2,500.  Those funds are covered in the project account balance (ST 1135).

Staff Recommendation: Staff recommends approval of the resolution authorizing condemnation.

    A RESOLUTION AUTHORIZING CONDEMNATION

   TO ACQUIRE CERTAIN PROPERTY OF

“JAMES COLEMAN PITTMAN”

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 Coleman Pittman 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 Belhaven Road Sidewalk 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 2468 at page 593.

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

SIDEWALK EASEMENT:

COMMENCING at a point, said point being the northeastern property corner of the Grantors and the southeastern property corner of Frauke Rona Bowler, now or formerly, said point also being an existing iron pipe located in the right of way of Belhaven Road, thence along the existing right of way of Belhaven Road S 06°54'16" W, 29.89', thence S 06° 54'16"W, 25.24', thence along a curve to the right having a length of 8.51' and a radius of 546.98' and a chord bearing and distance of S 07°21'01" W, 8.51' to the true POINT AND PLACE OF BEGINNING, thence proceeding along a curve to the right having a length of 76.66' and a radius of 546.98' and a chord bearing and distance of S 11°48'38" W 76.59, thence along a curve to the right having a length of 15.57' and a radius of 20.00' and a chord bearing and distance of S 38° 07'24" W 15.18', thence N 18°55'36" E 43.35', thence N 13°27'30" E 47.20' to the POINT AND PLACE OF BEGINNING, containing 244 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 James Coleman Pittman," Sheet 1 of 1, dated 10/16/07.

              TEMPORARY CONSTRUCTION EASEMENT:

COMMENCING at a point, said point being the northeastern property corner of the Grantors and the southeastern property corner of Frauke Rona Bowler, now or formerly, said point also being an existing iron pipe located in the right of way of Belhaven Road, thence along the existing right of way of Belhaven Road S 06°54'16" W, 29.89'to the true POINT AND PLACE OF BEGINNING, thence proceeding S 06°54'16" W, 25.24', thence along a curve to the right with a radius of 546.98' and a chord bearing and distance of S 07°21'01" W 8.51' and a length of 8.51' thence S 13°27'30" W, 47.20', thence S 18°55'36" W, 43.35', thence along a curve to the right with a radius of 20.00' and a chord bearing and distance of S 64°00'32" W 2.50' and a length of 2.50', thence N 19°23'47" E, 37.81', thence N 12°23'35" E, 87.88' to the POINT AND PLACE OF BEGINNING, containing 256 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 James Coleman Pittman," Sheet 1 of 1, dated 10/16/07.

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 § 160A-296(a)(3) and/or other appropriate statutory provisions and local acts to acquire the property herein described.

                                                                                   ________________________________

                                                                                   Harold Weinbrecht, Jr., Mayor

Adopted this ________________.

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 _________.

Witness my hand and the official seal of the Town of Cary on this ____ day of ____________, 2008.

                                                                                   ____________________________            

                                                                                   Sue M. Rowland, Town Clerk

(Municipal Seal)