TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, City Attorney
FROM: Kecia N. Parker, NCCP, Real Estate Manager
DATE: August 12, 2024
RE:
Title
City Council Consideration for the Approval of Resolutions Authorizing Condemnation of Permanent and Temporary Easements on the Properties Needed for the Morganton Road Phase I Sidewalk Project, Old Wilmington Road Sidewalk Project, Rosehill Road Sidewalk Project and the Cliffdale Road Phase I Sidewalk Project
end
COUNCIL DISTRICT(S):
Council District(s)
9, 3, 7
b
Relationship To Strategic Plan:
Desirable Place to Live, Work and Recreate
Executive Summary:
On November 8, 2022, City of Fayetteville residents voted to approve $25,000,000.00 in Streets, Sidewalk, and Connectivity Bonds. $8,000,000.00 of the GO Bond package was approved for sidewalk funding. On September 25, 2023, City Council approved a list of 25 sidewalks projects. Since that time, City staff has been working to design, negotiate, and acquire easements for many of the projects. There are currently four projects (4 easements) where the negotiations have not been successful with the last property owner. The contract for these projects will soon be ready to bid. Staff is requesting authority to begin the condemnation process on the last easement for each project in order to start the notice period and reduce any potential project delay.
Background:
The City of Fayetteville has received $8,000,000.00 in GO Bond Funding. The funding requires a strict acquisition process that must be followed to receive the funds. All four sidewalk projects have been designed to increase pedestrian safety and sidewalk connectivity.
The Morganton Road Phase I Sidewalk Project had two sidewalk easements for the completion of the project. Currently, staff has one easement left to acquire. This easement will fill the gap of sidewalk with approximately 180 feet of sidewalk and ADA compliant ramps on Morganton Road near the intersection of Bonanza Drive.
The Old Wilmington Road Sidewalk Project had five sidewalk easements to acquire. Four of the easements have been secured with one left to acquire. This easement fills in the gap of sidewalk with approximately 480 feet of sidewalk and ADA compliant ramps from Russell Street to Carbonton Street.
The Rosehill Road Sidewalk Project required three sidewalk easements to be completed. Staff has acquired two to date and there is one left. This easement will fill the gap of sidewalk with approximately 210 feet of sidewalk and ADA compliant ramps from Mulranny Road to McArthur Road.
The Cliffdale Road Phase I Sidewalk Project has three needed easements. Staff has acquired one of the easements and an agreement has been reached but paperwork is in the process of being signed on the second easement. The last easement needed will fill the gap of approximately 625 feet of sidewalk and install ADA compliant ramps from Raeford Road to Two Bale Lane.
Issues/Analysis:
• The last remaining property owner on Morganton Road was offered $1,470.98 for 689.13 square feet of permanent easement and 143.09 square feet of temporary easement. 24 attempts at negotiation have been made to date with no movement forward.
• The last remaining property owner on Old Wilmington Road was offered $300.00 for 35.34 square feet of permanent easement and 31.66 square feet of temporary easement. 25 attempts at negotiation have been made to date with no movement forward.
• The last remaining property owner on Rosehill Road was offered $300.00 for 37.36 square feet of permanent easement and 30.95 square feet of temporary easement. 29 attempts at negotiation have been made to date with no movement forward.
• The last remaining property owner on Cliffdale Road was offered $25,525.00 for 3,129.60 square feet of permanent easement and 696.66 square feet of temporary easement. 14 attempts at negotiation have been made to date with no movement forward.
• If the easements are not acquired, gaps will remain in the sidewalk and ADA compliant ramps will not be installed.
Budget Impact:
The budget has been allocated for this project through the GO Bond package.
Options:
• Approve the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Morganton Road Phase I Sidewalk Project
• Approve the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Old Wilmington Road Sidewalk Project
• Approve the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Rosehill Road Sidewalk Project
• Approve the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Cliffdale Road Phase I Sidewalk Project
• Reject the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Morganton Road Phase I Sidewalk Project
• Reject the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Old Wilmington Road Sidewalk Project
• Reject the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Rosehill Road Sidewalk Project
• Reject the Resolution for the Authorization of Condemnation of Easement on the Property Needed for the Cliffdale Road Phase I Sidewalk Project
Recommended Action:
Staff recommends approval of the Resolutions for the Authorization of Condemnation of Easements on the Property Needed for the Morganton Road Phase I Sidewalk Project, Old Wilmington Road Sidewalk Project, Rosehill Road Sidewalk Project and the Cliffdale Road Phase I Sidewalk Project.
Attachments:
Maps
Resolutions