TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, Interim City Attorney
FROM: Kecia N. Parker, NCCP, Real Estate Manager
DATE: January 22, 2024
RE:
Title
Resolution Authorizing Condemnation of Permanent and Temporary Easements on the Property Needed for the Yadkin Road Phase III Sidewalk Project Located at 5030 Yadkin Road
end
COUNCIL DISTRICT(S):
Council District(s)
4
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 Yadkin Road Phase III Sidewalk Project. Ten easements are required to complete the project as designed. To date, staff has acquired nine of the easements. Negotiations have not been successful with the last 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 Yadkin Road Phase III Sidewalk Project connects and fills in the gaps for the sidewalk on Yadkin Road from Brookfield Road to Skibo Road. The improvements will increase pedestrian safety and sidewalk connectivity along Yadkin Road. The City will be installing approximately 6100 feet of sidewalk and ADA compliant ramps.
Currently staff has recorded nine of the needed easements and cannot reach an agreement on the last one. The property owner does not want to give the City anything permanent and funding requirements do not allow for the City to build sidewalk on private property without an easement for future maintenance.
The remaining owner has 22.65 square feet of temporary easement and 33.81 square feet of permanent easement needed from a parcel containing 25,264.80 square feet. The easement design for this parcel consists of 10 linear feet of sidewalk and one truncated dome. City staff used the tax value of the land for an appraisal and the total payment for the easements is $300.00. The property owner, Wilcohess, LLC, has not been responsive to emails from the City Attorney’s Office. The state and federal purchasing 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 34 times since March 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 $300.00 for 56.46 square feet of permanent and temporary easement. Their response was that they did not want to give the city anything permanent. Due to the funding guidelines, staff could not agree to build the sidewalk on private property.
• If an 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 Yadkin Road Phase III Sidewalk Project
• Reject the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Yadkin Road Phase III Sidewalk Project
Recommended Action:
Staff recommends approval of the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Yadkin Road Phase III Sidewalk Project.
Attachments:
Map
Resolution