TO: Mayor and Members of City Council
THRU: Lachelle H. Pulliam, City Attorney
FROM: Kecia N. Parker, NCCP, Real Estate Manager
DATE: February 24, 2025
RE:
Title
Resolution Authorizing Condemnation of Permanent and Temporary Easements on Properties Needed for Tryon Drive Drainage Improvement Project
end
COUNCIL DISTRICT(S):
Council District(s)
4
b
Relationship To Strategic Plan:
Goal IV: The City of Fayetteville will be a highly desirable place to live, work and recreate.
Executive Summary:
The Tryon Drive Drainage Improvement Project was presented to City Council at the December 6, 2021 work session with other projects included in the first tranche of projects developed from the watershed master plan. On January 10, 2022, Council voted to move forward with project development and design. Funding was made available with the adoption of the FY23 budget utilizing stormwater enterprise funds as the funding mechanism. City staff negotiated to acquire easements needed for the project. Negotiations were unsuccessful in acquiring three necessary easements on two properties. The contract for this project will soon be ready to bid. Staff is requesting authority to begin the condemnation process on the two properties to acquire the last three required easements. Thereby, allowing the City to begin the notice period and reduce any potential project delay.
Background:
The Tryon Drive Drainage Improvement Project was presented to City Council at the December 6, 2021 work session and approved to move forward by City Council at the January 10, 2022 City Council meeting. The City of Fayetteville budgeted $5,600,000.00 for construction of the project. The project had a total of twenty-two parcels with drainage easements to be acquired for completion. Staff successfully negotiated and recorded easements on twenty parcels. There are two temporary construction easements and one permanent drainage easement needed that have not been acquired. The project’s scope includes increasing the capacity of storm sewer infrastructure along Daisy Lane and Swann Street in an effort to reduce flooding within the roadway for a 25-year level of service.
The property owner of 1806 Swann Street was initially offered $1,631.04 for 2,000 square feet of permanent drainage easement and 398 square feet of temporary construction easement. The owner asked to sell the entire property to the City for $150,000.00. The City rejected that offer and the Engineer on the project redesigned the project to have less impact on the parcel. The redesign decreased the temporary construction easement (TCE) needed to 253 square feet. A third-party appraisal was completed with a $50.00 value for the TCE. Therefore, the City maintained its original offer of $121.44 for the TCE. The offer was not accepted.
The property owner of 1716 Tryon Drive was initially offered $2,068.56 for 2,111 square feet of permanent drainage easement and 431 square feet of temporary construction easement based on the tax value of the property. The owner rejected the easements due to concerns related to a pool and pool house. The City agreed to move the pool house as a part of the project but the owner still declined. The City had a third-party appraisal completed giving a value of $7,550.00 which was not accepted by the owner.
Issues/Analysis:
• The City offered $121.44 for a 253 square feet temporary construction easement needed at 1806 Swann Street which was rejected. Twenty-five attempts at negotiation have been made to date without progress.
• The City offered $7,550.00 for 2,111 square feet of permanent drainage easement and 431 square feet of temporary construction easement which was rejected. Twenty attempts at negotiation have been made without progress.
• If the easements are not acquired, the drainage improvement project cannot be completed.
Budget Impact:
The budget has been allocated for this project through the FY23 budget utilizing stormwater enterprise funds.
Options:
• Approve the Resolution for the Authorization of Condemnation of Easements on the Property Needed for the Tryon Drive Drainage Improvement Project.
• Reject the Resolution for the Authorization of Condemnation of Easements on the Property Needed for the Tryon Drive Drainage Improvement Project.
Recommended Action:
Staff recommends approval of the Resolution for the Authorization of Condemnation of Easements on the Property Needed for the Tryon Drive Drainage Improvement Project.
Attachments:
Maps
Resolution