ITEM R2

OFFICE OF THE CITY MANAGER

(910) 341-7810 | FAX (910)341-5839
TDD (910)341-7873

2/6/2018

City Council
City Hall
Wilmington, North Carolina 28401

Dear Mayor and Councilmembers:

Attached for your consideration is a resolution authorizing the filing of a condemnation action of a
portion of 255 North Front Street, Wilmington, North Carolina (R04720-007-017-000) as shown more
specifically on Exhibit “A” to the Resolution. This condemnation, if approved, will be expanding the
interest to fee simple of a previously approved and filed condemnation of an easement.

N.C.G.S. §40A-3(b)(2) authorizes cities to acquire by condemnation, any rights-of-way for establishing,
extending, enlarging, or improving any of the public enterprises listed in N.C.G.S. §160A-311.

The herein described property is being taken pursuant to the authority contained in §40A-3(b)(2) and is
being taken for the public purpose of establishing, extending, enlarging, or improving any of the public
enterprises listed therein. The condemnation of the property is necessary to further the completion of
the Water Street Parking Deck which will provide significantly needed parking to support the needs of
the surrounding community while improving a deteriorating parking structure.

The project requires that the City obtain a portion of the following property:
• Address - 255 North Front Street
• Parcel ID - R04720-007-017-000
• Owner – North Front, LLC
• Deed Book 5863, Page 1911
• Shown on Exhibit “A” as area to be conveyed ±677 sq. ft.

If the Council adopts this Resolution, the City is not required to give thirty (30) days’ notice to the
affected property owner as that notice was provided in the prior condemnation action. The City can
file an amended condemnation action and deposit an estimate of just compensation with the New
Hanover County Superior Court. Upon filing the action and making the deposit, the City will be
authorized to access the property for construction.

Passage of the attached Resolution is recommended.

Respectfully submitted,

Sterling B. Cheatham,
City Manager
 City Council
Resolution City of Wilmington
North Carolina

Introduced By: Sterling B. Cheatham, City Manager Date: 2/6/2018

Resolution Authorizing Filing of a Condemnation Action for Fee Simple Acquisition of a

Portion of Real Property located at 255 North Front Street for the Water Street Parking
Deck Project
LEGISLATIVE INTENT/PURPOSE:

The City of Wilmington is authorized under Article 16 of N.C.G.S. §160A to acquire, construct,
establish, enlarge, improve, maintain, own, operate, and contract for the operation of any or all
of the public enterprises as defined in this Article to furnish services to the city and its citizens.
N.C.G.S. §40A-3(b)(2) grants to the City, power of eminent domain and the right to acquire by
condemnation, any property for establishing, extending, enlarging, or improving any of the
public enterprises listed in N.C.G.S. §160A-311.

The project involves the condemnation of the property necessary to further completion of
construction of the Water Street Parking Deck which will provide significantly needed parking
to support the needs of surrounding community while improving a deteriorating parking
structure.

The property to be acquired in fee simple is described as follows:

Address - 255 North Front Street
Parcel ID - R04720-007-017-000
Owner - North Front, LLC
Deed Book 5863, Page 1911
Shown on Exhibit “A” as area to be conveyed ±677 sq. ft.

The Wilmington City Council hereby determines that it is necessary and in the public interest
and benefit to acquire the real property as shown in Deed Book 5863, Page 1911 of the New
Hanover County Registry, NC for a public purpose and will benefit the health, safety, and
welfare of the public by establishing, extending, enlarging, or improving any of the public
enterprises listed in N.C.G.S. §160A-311.

THEREFORE, BE IT RESOLVED:

THAT, the City of Wilmington shall acquire by condemnation, for the purposes stated herein,
real property shown as:

Address - 255 North Front Street

Parcel ID - R04720-007-017-000

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Owner - North Front, LLC
Deed Book 5863, Page 1911
Shown on Exhibit “A” as area to be conveyed ±677 sq. ft.

THAT, the City Attorney is hereby directed and authorized to institute the necessary proceedings
under Chapter 40A of the North Carolina General Statutes to acquire the property.

THAT, the City Manager and City Attorney are hereby authorized to obtain necessary
appraisals, title opinions and surveys and to make all necessary deposits of the estimated fair
market value required for filing the condemnation action.

THAT, the City Manager and City Attorney are hereby authorized to execute all documents
necessary to effectuate the condemnation.

THAT, sufficient funding exists to cover these costs.

Adopted at a ________________ meeting

on ____________________ 2018
Bill Saffo, Mayor

ATTEST: APPROVED AS TO FORM:

Penelope Spicer-Sidbury, City Clerk City Attorney

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Exhibit A

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 R04720-007-0180-000 R04720-007-016-00
R04720-007-020-000
AREA TO BE AREA TO BE
AREA TO BE
ACQUIRED=682 S.F. ACQUIRED=77 S.F.
ACQUIRED=260 S.F.

R004720-007-19-000 R04720-007-017-000
AREA TO BE AREA TO BE
ACQUIRED=256 S.F. ACQUIRED=677 S.F.

AREAS IN BLUE TO BE PURCHASED

AREAS IN RED TO BE CONDEMNED

EXHIBIT MAP OF PROPERTIES TO BE ACQUIRED

FOR THE CITY OF WILMINGTON
OWNERS:
JOSEPHINE D. CHAMPION
FRONT STREET OPTOMETRIC CARE, P.A.
GERALD D. & PATRICIA G. HARDISON
NORTH FRONT, LLC
ARNOLD L. SOBEL

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