Title
Compensation for easements for property owners on South Atlanta Street and guidance for other properties.
Body
Item Summary:
The South Atlanta Street Waterline project design plans are at the 90% completion stage for the proposed 12-inch waterline along South Atlanta Street. Easements were originally sought for a total of 21 properties. Thus far, four properties do not require the City to obtain an easement per the design, eight property easements have been obtained or agreed to with no compensation, four property easements are in agreement subject to compensation approval, and five property easements have reached no agreement. Special agreements have been proposed, contingent upon approval by the City of Roswell, for four easements. These agreements provide compensation to property owners for impacts on their properties or businesses in exchange for temporary and permanent easements for the construction of the waterline. The total amount of cash compensation proposed is $5,000, plus waivers on zoning issues.
There are five remaining properties where no agreement has been reached thus far. The City of Roswell Legal Department has been consulted and four options are available at this time:
1) Offer to purchase the Right of Way which will be required for the road construction, to be funded through the General Fund; 2) Condemnation of the Right of Way which will be required for the road construction, to be funded through the General Fund; 3) Special assessment of owners of property which will benefit from the waterline; or 4) Offer to purchase easements which will be required for waterline only, to be funded through the Water Fund.
Committee or Staff Recommendation:
On September 15, 2009 the Public Safety & Public Works Committee recommended placing this item on the September 21, 2009 Mayor and Council Agenda.
Financial Impact:
Since the waterline easements are required to avoid conflict with expected future right-of-way needs for the roadway improvement project, staff recommends that funds be set aside for future right-of-way acquisition, and such funds be utilized for these easement purchases. If such funding is not feasible, staff recommends that funding come from special assessments of benefitted property owners.
Presented by:
Stuart A. Moring, P.E., Director of Public Works/Environmental