STAFF REPORT
Operations Committee, November 5, 2009

Swift Creek Greenway Extension Project Condemnation Resolution (EN10-027)
Consideration of approval of a condemnation resolution for the Swift Creek Greenway Extension Project
Speaker:  Mr. Tim Bailey

From:  Tim Bailey, P.E., Engineering Director
Prepared by: Ricky Campbell, Real Estate Specialist
Approved by:  Benjamin T. Shivar, Town Manager
Approved by:  Michael J. Bajorek, Assistant Town Manager

Executive Summary:  Staff has been working with a property owner on Regency Parkway to secure the necessary easements for construction of the Swift Creek Greenway Extension Project (PR 1126) which will link the existing Swift Creek Greenway to the Symphony Lake Greenway and Koka Booth Amphitheater.

Staff has been unable to reach a settlement with the property owner.  Negotiations will continue; however, to get this segment of the trail constructed condemnation may be necessary.  Staff will continue negotiations to reach a mutually agreeable settlement while continuing condemnation procedures.

The owner and property affected is:

HASSELBOROUGH CORPORATION
PIN#0762202260
7000 Regency Parkway
Cary, N.C. 27511

Background:  The Swift Creek Greenway Extension Project includes the design and construction of a trail segment to link the existing Swift Creek Greenway to the Symphony Lake Greenway and Koka Booth Amphitheater.  Currently, the Swift Creek Greenway terminates at Regency Parkway, without a safe way to access Symphony Lake and Koka Booth Amphitheater, a distance of .38 miles.  The proposed trail segment will begin where the current Swift Creek Greenway terminates at Regency Park and extend across Swift Creek with a pedestrian bridge.  The trail will parallel Regency Parkway and cross at-grade at the existing signalized crossing at the Regency Parkway and Ederlee Road intersection.

On August 27, 2009, council approved a contract with NCDOT to obtain additional grant funding from the American Recovery and Reinvestment Act of 2009 (ARRA) to construct the remaining segments of the Black Creek Greenway, Phase IV project.  This additional ARRA funding will make available existing Black Creek Greenway SAFETEA-LU grant funds that can be transferred to the Swift Creek Greenway Extension project.  Thus, with the additional funding, the Town will not only be able to complete Black Creek Greenway Phase IV, but will also be able to complete the Swift Creek Greenway Extension with existing grant and existing appropriated funds.

Fiscal Impact: The Town will incur the cost of eminent domain proceedings which are estimated to be initially between $1,600 and $5,000.  The associated cost will be paid from the existing and available funding within Project PR 1126 Swift Creek Greenway Extension.

Staff Recommendation:  Staff recommends approval and execution of the resolution authorizing condemnation.
 







A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN PROPERTY OF THE HASSELBOROUGH CORPORATION

WHEREAS, the governing body of the Town of Cary hereby determines that it is necessary and in the public interest to acquire certain property owned by the HASSELBOROUGH CORPORATION for the following public purposes:

To promote the public health, welfare and happiness, to provide adequate recreational facilities, and to provide alternate transportation routes linking schools, neighborhood centers and other recreational facilities, the Town of Cary is condemning the herein described easement interests, specifically, to construct and maintain the Swift Creek Greenway Extension Project.

WHEREAS, the proper officials or representatives of the Town of Cary have been unable to acquire the needed interest in this property by negotiated conveyance.

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

1. The Town of Cary shall acquire by condemnation, for the purposes stated above, the property and easement interest in a portion of certain tracts described in Deed Book 2985, page 389, Wake County Registry, property also being identified by Wake County Real Estate ID 0119562.

The easement area taken is more particularly described as follows:

GREENWAY EASEMENT:

Beginning at an existing iron pipe on the eastern right-of-way of Regency Parkway, having NAD 83-2007 grid coordinates of N: 720,496.55, E: 2,062,216.95, said existing iron pipe being a common corner with the Town of Cary, now or formerly; thence along and with a northern property line of the undersigned, S 50 ° 24 ’ 09 ” E a distance of 11.24 feet to a point; thence departing said northern property line the following courses and distances: S 50 ° 32 ’ 01 ” W, 8.75 feet to a point; thence S 41 ° 54 ’ 43 ” W, 20.32 feet to a point; thence S 53 ° 17 ’ 59 ” W, 20.22 feet to a point; thence S 44 ° 41 ’ 32 ” W, 20.32 feet to a point; thence S 57 ° 17 ’ 07 ” W, 20.30 feet to a point; thence S 48 ° 36 ’ 09 ” W, 20.23 feet to a point; thence S 56 ° 43 ’ 23 ” W, 119.88 feet to a point; thence S 49 ° 19 ’ 09 ” W, 19.36 feet to a point; thence along a curve to the right having an arc length of 81.15 feet, a radius of 307.80 feet, a chord bearing of S 43 ° 52 ’45 ” W and a chord of 80.91 feet to a point; thence along a curve to the left having an arc length of 60.43 feet, a radius of 633.32 feet, a chord bearing of S 59 ° 18 ’ 24 ” W and a chord of 60.41 feet to a point; thence S 48 ° 50 ’ 55 ” W, 38.34 feet to a point; thence S 35 ° 47 ’ 52 ” W, 39.64 feet to a point; thence S 43 ° 32 ’ 38 ” W, 42.03 feet to a point; thence S 47 ° 02 ’ 32 ” W, 37.76 feet to a point; thence S 29 ° 19 ’ 26 ” W, 38.46 feet to a point; thence S 34 ° 56 ’ 30 ” W, 40.08 feet to a point; thence S 29 ° 38 ’ 10 ” W, 41.03 feet to a point; thence N 57 ° 51 ’ 20 ” W, 18.63 feet to a point in the eastern right-of-way of Regency Parkway; thence along the right-of-way the following courses and distances: along a curve to the right having an arc length of 254.34 feet, a radius of 773.51 feet, a chord bearing of N 38 ° 22 ’ 53 ” E and a chord of 253.20 feet to a point; thence N 51 ° 46 ’ 51 ” E, 218.90 feet to a point; thence N 51 ° 31 ’ 18 ” E, 193.76 feet to a point; thence S 50 ° 24 ’ 09 ” E, 3.88 feet to the POINT OF BEGINNING, containing 10,875 square feet or 0.25 acre, more or less, according to a survey entitled “Easement Map of Town of Cary Greenway for the Town of Cary, Wake County, North Carolina”, dated 1/6/2009, Revised 5/12/2009, prepared by Stewart Engineering, Inc.

TEMPORARY CONSTRUCTION EASEMENT:

COMMENCING at an existing iron pipe on the eastern right-of-way of Regency Parkway, having NAD 83-2007 grid coordinates of N: 720,496.55, E: 2,062,216.95, said existing iron pipe being a common corner with the Town of Cary; now or formerly, thence along and with a northern property line of the undersigned S 50° 24’ 09” E a distance of 11.24 feet to the POINT OF BEGINNING; thence along and with said northern property line S 50° 24’ 09” E, 9.17 feet to a point; thence departing said northern property line the following courses and distances S 50° 32’ 01” W , 9.81 feet to a point; thence  S 41° 54’ 43” W , 20.54 feet to a point; thence S 53° 17’ 59” W , 20.44 feet to a point; thence S 44° 41’ 32” W , 20.63 feet to a point; thence  S 57° 17’ 07” W , 20.61 feet to a point; thence S 48° 36’ 09” W , 20.19 feet to a point; thence  S 56° 43’ 23” W , 119.94 feet to a point; thence S 49° 19’ 09” W , 17.76 feet to a point; thence along a curve to the right having an arc length of 83.33 feet, a radius of 316.80 feet, a chord bearing of S 44° 02’ 56” W and a chord of 83.09 feet to a point; thence along a curve to the left having an arc length of 59.79 feet, a radius of 624.32 feet, a chord bearing of S 59°22”21” W and a chord of 59.77 feet to a point; thence S 48° 50’ 55” W , 36.70 feet to a point; thence S 35° 47’ 52” W , 39.22 feet to a point; thence S 43° 32’ 38” W , 42.92 feet to a point; thence S 47° 02’ 32” W , 36.63 feet to a point; thence S 29° 19’ 26” W , 37.50 feet to a point; thence S 34° 56’ 30” W , 40.11 feet to a point; thence S 29° 38’ 10” W , 50.02 feet to a point; thence N 57° 51’ 20” W , 27.48 feet to a point in the eastern right-of-way of Regency Parkway; thence along and with said right-of-way along a curve to the right having an arc length of 9.02 feet, a radius of 773.51 feet, a chord bearing of N 28° 37’ 39” E and a chord of 9.02 feet to a point; thence departing the eastern right-of-way of Regency Parkway the following courses and distances: S 57° 51’ 20” E , 18.63 feet to a point; thence N 29° 38’ 10” E , 41.03 feet to a point; thence N 34° 56’ 30” E , 40.08 feet to a point; thence  N 29° 19’ 26” E , 38.46 feet to a point; thence N 47° 02’ 32” E , 37.76 feet to a point; thence  N 43° 32’ 38” E , 42.03 feet to a point; thence N 35° 47’ 52” E , 39.64 feet to a point; thence N 48° 50’ 55” E , 38.34 feet to a point; thence along a curve to the right having an arc length of 60.43 feet, a radius of 633.32 feet, a chord bearing of N 59° 18’ 24” E and a chord of 60.41 feet to a point; thence along a curve to the left having an arc length of 81.15 feet, a radius of 307.80 feet, a chord bearing of N 43° 52’ 45” E and a chord of 80.91 feet to a point; thence  N 49° 19’ 09” E , 19.36 feet to a point; thence  N 56° 43’ 23” E , 119.88 feet to a point; thence N 48° 36’ 09” E , 20.23 feet to a point; thence N 57° 17’ 07” E , 20.30 feet to a point; thence N 44° 41’ 32” E , 20.32 feet to a point; thence N 53° 17’ 59” E , 20.22 feet to a point; thence N 41° 54’ 43” E , 20.32 feet to a point; thence N 50° 32’ 01” E , 8.75 feet to the POINT OF BEGINNING, containing 6,257 square feet or 0.14 acre, more or less, according to a survey entitled “Easement Map of Town of Cary Greenway for the Town of Cary, Wake County, North Carolina”, dated 1/6/2009, Revised 5/12/2009, prepared by Stewart Engineering, Inc.

2. The attorneys representing the Town of Cary are directed to institute the necessary proceedings under NCGS 40A-1, et. Seq. as authorized by NCGS 160A-353 (3) and/or other appropriate statutory provisions and local acts to acquire the property herein described.

  ___________________________________
       Harold Weinbrecht Jr., Mayor

Adopted this _______________________.

I, Sue M. Rowland, Clerk of the Town of Cary, do hereby certify that the foregoing is a true copy of a resolution which was duly adopted by Town Council of the Town of Cary at its meeting on _____________________.

Witness my hand and the official seal of the Town of Cary on this ____ day of _____________________, 2009.

  ____________________________
   Sue M. Rowland, Town Clerk

(Municipal Seal)