City of Fayetteville
File #: 24-3781    Version: 1 Name: Resolution Authorizing Condemnation of Permanent and Temporary Easements on the Property Needed for Yadkin Road Phase III Sidewalk Project Located at 5030 Yadkin Road
Type: Consent Status: Agenda Ready
File created: 1/10/2024 In control: City Council Regular Meeting
On agenda: 1/22/2024 Final action:
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
Attachments: 1. YadkinRoadPhaseIIISidewalkResolution, 2. Map
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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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)|109|


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...

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