TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, Interim City Attorney
FROM: Kecia N. Parker, NCCP, Real Estate Manager
DATE: November 13, 2023
RE:
Title
Authorization of Condemnation of Easement on the Property Needed for the Morganton Road Sidewalk Project
end
COUNCIL DISTRICT(S):
Council District(s)
9
b
Relationship To Strategic Plan:
Desirable Place to Live, Work and Recreate
Executive Summary:
On April 25, 2022, Council appropriated $4,319,350.00 of anticipated state funding for Pedestrian Improvements and City of Fayetteville Safety Improvements to include the Morganton Road Sidewalk Project. Three permanent easements are required to complete the project as designed. To date staff has acquired one of the easements. Staff has negotiated an offer with another of the owners for the second easement. Negotiations have not been successful with the third owner. The contract will soon be ready to be put out to bid. Staff is requesting authority to begin the condemnation process on the last easement in order to start the notice period and reduce any potential project delay.
Background:
The City of Fayetteville has received $4,319,350.00 from the State Direct Funding Grant. The funding requires a strict acquisition process that must be followed in order to receive the funds.
The Morganton Road Sidewalk Project connects and fills in the gaps for the sidewalk on Morganton Road from Skibo Road to Glensford Drive. The improvements will increase pedestrian safety and sidewalk connectivity along Morganton Road. The City will be installing approximately 700 feet of sidewalk and ADA compliant ramps.
Currently staff has recorded one of the needed easements, is in negotiation for the second easement and cannot reach an agreement on the third.
The remaining owner has 3,977.96 square feet of permanent easement needed from a parcel containing 608,968.80 square feet. The easement design for this parcel consists of the ADA compliant wheelchair ramps and a small portion of sidewalk. The City ordered a third party appraisal on the property which reflected a value of $21,875.00. The property owner has stated that his property is worth 8 times more than that figure. Funding requirements require the City to pay what the property value is and do not allow for public money to be spent without justification for an amount in excess of that value. Staff has attempted or been in contact with this owner sixteen times since June of 2023.
At this juncture the City will need to authorize eminent domain to ensure that the project can proceed.
Issues/Analysis:
• The last remaining property owner was offered $21,875.00 for 3,977.96 square feet of permanent easement. Their response was the property was worth eight times more than what was offered. Due to the funding guidelines, staff received an outside appraisal which reflected the $21,875.00 offer.
• If easement is not acquired, there will remain a gap in the sidewalk and ADA compliant ramps will not be installed.
Budget Impact:
The budget has been allocated for this project through the State Direct Funding Grant established in SL879263.
Options:
• Approve the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Morganton Road Sidewalk Project
• Reject the Resolution for the Authorization of Condemnation of Easement on the Property Needed for Morganton Road Sidewalk Project
Recommended Action:
Staff recommends approval of the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Morganton Road Sidewalk Project.
Attachments:
Map
Resolution