TO: Mayor and Members of City Council
THRU: Karen M. McDonald, City Attorney
FROM: Kecia N. Parker, NCCP, Real Estate Manager
DATE: January 9, 2023
RE:
Title
Authorization of Condemnation of Easements on the Properties Needed for Sunbury Drive Drainage Project
end
COUNCIL DISTRICT(S):
Council District(s)
3
b
Relationship To Strategic Plan:
Desirable Place to Live, Work and Recreate
Executive Summary:
On April 25, 2002, Council appropriated $3,053,718 of anticipated state and federal funding for the Sunbury Drive Drainage Project. Fourteen easements (some temporary and some permanent) are required to complete the project as designed. To date staff has acquired easements from six of the nine property owners. The contractor will soon be ready to begin the project. Staff is requesting authority to begin the condemnation process in order to start the notice period and reduce any potential project delay.
Background:
The City of Fayetteville has received $3,053,718 from the American Rescue Plan Funding from the State Fiscal Recovery Fund established in SL2021-180. The funding requires a strict acquisition process that must be followed in order to receive the funds.
The project the City has proposed involves a stormwater infrastructure improvement project along Sunbury Drive, Needham Drive, Rose Hill Road, and Pleasant Loop, in the Warrenwood Estates & Rosewood Terrace neighborhoods, to increase the capacity and capability to provide drainage to the area, and an appropriate level of flood protection. The pictures attached depict the level of flooding that is currently present in the neighborhoods above mentioned. The proposed improvements will increase the capacity of the local storm drainage system and allow it to meet the City’s 10-year level of service for closed systems, and the 25-year level of service for open channel flow. The project will eliminate flooding within the City’s rights of way for the designed level of service, mitigate flooded residential structures, and stabilize the outfall to lessen the sediment load on the downstream channel and pond. Scope of the project consists of removal of the existing, failing, undersized storm sewer system and replacing it with approximately 60 linear feet of 15” reinforced concrete pipe, 90 linear feet of 18” reinforced concrete pipe, 929 linear feet of 24” reinforced concrete pipe, 277 linear feet of 30” reinforced concrete pipe, 37 linear feet of 36” reinforced concrete pipe, 152 linear feet of 42” reinforced concrete pipe, 1385 linear feet of 48” reinforced concrete pipe, 12 linear feet of 60” reinforced concrete pipe and appurtenances. A riffle grade control dissipater pad will be constructed at the outfall with some channel modifications to reduce velocity and scour potential.
Easements were required from 9 property owners. There are 3 remaining property owners left to acquire from due to stalled negotiations.
The first owner has 674.78 square feet of temporary easement and 810.23 square feet of permanent easement needed from a parcel containing 3,456,486 square feet. The City did an in house appraisal based on tax value offered $151.21 for the requested easements. The property owner countered with $21,210.20. Due to federal guidelines an appraisal was ordered and is forthcoming. Once the appraisal is received the guidelines require a 30-day Notice letter to be sent as one last attempt for acquisition. If no agreement is reached the condemnation process would begin.
The second property owner has 221.17 square feet of permanent easement needed on an 89,298 square feet property. The in house appraisal value based on the tax value of the property came out to be $29.86 which the City rounded up to $100.00. The property owner countered with $5,789.79. Due to federal guidelines an appraisal was ordered and is forthcoming. Once the appraisal is received the guidelines require a 30-day Notice letter to be sent as one last attempt for acquisition. If no agreement is reached the condemnation process would begin.
The third property owner has accepted our offer but has not sent the documents back yet. Due to the funding source and the federal requirements for acquisition, the City cannot accept the counter offers. Due to federal guidelines and the acceptance of our offer an appraisal is not required. A 30-day Notice letter will be sent as an attempt to move these negotiations forward. If documents are still not received the condemnation process would begin.
At this juncture the City will need to authorize eminent domain to move the project forward to allow for the federal funds to be received following the procedure as outlined above.
Issues/Analysis:
• One of the remaining property owners was offered $151.21 for 1485.01 square feet of a temporary and permanent easement. They countered with a price of $21,210.20. Due to the federal guidelines staff has requested an outside appraisal but has not received the appraisal back yet.
• The second of the remaining property owners was offered $100.00 for 221.17 square feet of a permanent easement. They countered with a price of $5,789.79. Due to the federal guidelines staff has requested an outside appraisal but has not received the appraisal back yet.
• The third property owner has agreed to the price offered but has not sent the paperwork back.
Budget Impact:
The budget has been allocated for this project through the American Rescue Plan Funding from the State Fiscal Recovery Fund established in SL2021-180.
Options:
• Approve the Resolution for the Authorization of Condemnation of Easements on the Properties Needed for Sunbury Drive Drainage Project
• Reject the Resolution for the Authorization of Condemnation of Easements on the Properties Needed for Sunbury Drive Drainage Project
Recommended Action:
Staff recommends approval of the Resolution for the Authorization of Condemnation of Easements on the Properties Needed for Sunbury Drive Drainage Project.
Attachments:
Maps
Resolution
Pictures of Flooding