STAFF REPORT

STAFF REPORT

Operations Committee, August 7, 2008

Condemnation Resolutions – Campbell Road Gravity Interceptor Project (EN09-015)
Consideration of approval of condemnation resolutions to securing necessary easements for the Campbell Road Gravity Interceptor 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 with property owners to secure easements necessary for the construction of Campbell Road Gravity Interceptor Project. Negotiations are ongoing and progress has been made toward making amicable settlements. Staff has been working with affected owners on this project and has reached settlement with numerous owners.

In order to meet the construction schedule, Staff proposes approval of condemnation resolutions. Staff will continue to negotiate with property owners in an effort to reach an amicable and mutual settlement.

Fiscal Impact: The Town will incur the cost of eminent domain proceedings which are estimated to be initially between $1,600 and $5,000 and will be paid from existing and available funding within the Campbell Road Gravity Interceptor Project (SW1129).

Staff Recommendation: Staff recommends approval and execution of the resolutions authorizing condemnation.

A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF

JOHN THOMAS COSTON & ELIZABETH S. COSTON

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 John Thomas Coston and Elizabeth S. Coston 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 Campbell Road Gravity Interceptor 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 5207, page 890, Wake County Registry.

The easement area taken is more particularly described as follows:

UTILITY AND PIPELINE EASEMENT:

COMMENCING at a point on the common property line of the Grantors and Tricia York & Christopher Garrett, now or formerly, said point being the northwestern property corner of the Grantors, said point also being an existing iron pipe with NCGS Grid Coordinates North = 722538.59 and East = 2076794.00; proceeding thence along said property line N 87°13'21" W 6.45' to the true POINT AND PLACE OF BEGINNING, thence proceeding N 87°13'21" W, 23.06', thence N 32°36'50" E, 75.32', thence N 57°23'10" W, 2.50', thence N 32°36'50" E, 188.87', thence N 44°46'47" W, 34.43', N 45°13'13" E, 2.50', thence N 44°46'47" W, 205.00', thence S 45°13'13" W, 5.00', N 44°46'47" W, 37.10', thence N 20°08'58" E, 91.28', thence S 87°20'10" E, 31.45', thence S 20°08'58" W, 81.65', thence S 44°46'47" E, 18.01', thence S 45°13'13" W, 5.00', thence S 44°46'47" E, 205.00', thence N 45°13'13" E, 2.50', thence S 44°46'47" E, 54.46', thence S 32°36'50" W, 208.90', thence N 57°23'10" W, 2.50', thence S 32°36'50" W, 63.85' to the POINT AND PLACE OF BEGINNING, containing 14,996 square feet, more or less according to a map by the Town of Cary Engineering Department entitled "Campbell Road Interceptor Easement Map for the Property of Dillard, Brenda, T. Trustee, Tricia e. York & Christopher S. Garrett, Coston, John Thomas & Elizabeth S., Pritchett, Rildia J. Trustee", dated 4/10/2008.

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 ________, 2008.

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 _______ __, 2008.

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

____________________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF

BRENDA T. DILLARD, TRUSTEE, OR SUCCESSOR TRUSTEE UNDER THE BRENDA T. DILLARD REVOCABLE TRUST

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 Brenda T. Dillard, Trustee, or successor trustee, under the Brenda T. Dillard Revocable Trust for the following public purposes:

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:

2. 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 12534, page 779, Wake County Registry.

The easement area taken is more particularly described as follows:

UTILITY AND PIPELINE EASEMENT:

COMMENCING at a point on the common property line of Tricia York and Christopher Garrett, now or formerly and John and Elizabeth Costin, now or formerly, said point being the northwestern property corner of Tricia York and Christopher Garrett and a southern property corner of John and Elizabeth Costin, said point also being an existing iron pipe; thence along the said common property line N 87° 13' 21" W, 6.45' to the true POINT AND PLACE OF BEGINNING, proceeding thence S 32°36'50" W, 100.71', thence S 08°42'41" E, 107.14', thence S 42°15'44" E, 54.31', thence S 01°58'46" W, 27.57', thence S 87°26'19" E, 27.12', thence S 42°15'44" E, 53.55', thence N 47°44'16" E, 5.00', thence S 42°15'44" E, 38.27', thence S 09°53'18" W, 77.67', thence N 80°06'42" W, 2.50', thence S 09°53'18" W, 46.42', thence S 09°56'46" E, 64.82', thence N 86°37'03" W, 25.69', thence N 09°56'46" W, 63.27', thence N 09°53'18" E, 50.79', thence N 80°06'42" W, 2.50', thence N 09°53'18" E, 62.99', thence N 42°15'44" W, 23.59', thence N 47°44'16" E, 5.00', thence N 42°15'44" W, 152.75', thence N 08°42'41" W, 120.71', thence N 32°36'50" E, 96.79', thence S 87°13'21" E, 23.06' to the POINT AND PLACE OF BEGINNING, containing 12, 729 square feet, more or less, according to a map by the Town of Cary Engineering Department entitled "Campbell Road Interceptor Easement Map for the Property of Dillard, Brenda T. Trustee, Tricia E. York & Christopher S. Garrett, Coston, John Thomas & Elizabeth S., Pritchett, Rildia J. Trustee", Sheet 1 of 3, dated 2/15/2008.

___________________________________

Harold Weinbrecht, Jr., Mayor

Adopted this ____ day of ________, 2008.

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

____________________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)

A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF

TRICIA E. YORK AND CHRISTOPHER S. GARRETT

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 Tricia E. York and Christopher S. Garrett for the following public purposes:

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:

3. 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 9626, page 2067, Wake County Registry.

The easement area taken is more particularly described as follows:

UTILITY AND PIPELINE EASEMENT:

COMMENCING at a point on the common property line of the Grantors and John & Elizabeth Coston, now or formerly, said point being the northwestern property corner of the Grantors, said point also being an existing iron pipe with NAD 83 NCGC North = 722538.59 and East = 2076794.00, thence proceeding south along the western property line of the Grantors to the true POINT AND PLACE OF BEGINNING, thence S 42°15'44" E, 38.87', thence N 87°26'19" W, 27.12', thence N 01°58'46" E, 27.57' to the POINT AND PLACE OF BEGINNING, containing 374 square feet, more or less according to a map by the Town of Cary Engineering Department entitled "Campbell Road Interceptor Easement Map for the Property of Dillard, Brenda T. Trustee, Tricia E. York & Christopher S. Garrett, Coston, John Thomas & Elizabeth S., Pritchett, Rildia J. Trustee", Sheet 1 of 3, dated 4/10/2008.

___________________________________

Harold Weinbrecht, Jr., Mayor

Adopted this ____ day of ________, 2008.

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

____________________________________

Sue M. Rowland, Town Clerk

(Municipal Seal)