Town of Cary
North Carolina

Staff Report

Condemnation Resolutions for Installation of Traffic Signals at Intersections of Olde Weatherstone at NW Cary Parkway and NW Maynard Road


Department:Transportation and FacilitiesSponsors:

Speaker: Leonard Scarborough, Transportation and Facilities


Executive Summary: To continue to enhance the quality of life for Cary citizens and to help improve safety and traffic operations at the intersections of Olde Weatherstone Way at NW Cary Parkway and Old Weatherstone Way at NW Maynard Road, staff has worked with property owners to secure rights-of-way necessary for the installation of proposed traffic signals. To ensure the project schedule is not compromised, staff requests approval of the attached resolutions authorizing the condemnation of the stated real property interests, totaling 1610 square feet of right-of-way.


Recommendation: That Council approve the attached Resolutions authorizing condemnation to acquire certain portions of properties located at 211 Calm Winds Court and 300 Berwick Valley Lane.


Background: The Council budgets regularly as needed for new or upgraded traffic signals in response to traffic and safety related needs identified and recommended by staff.  Traffic signal projects funded in this manner can be on either NCDOT or Town streets.  When traffic signals are warranted on NCDOT streets but do not compete well with our State projects for funding, Town funds can be used to improve safety and maintain operations.


The Town is proposing to install traffic signals to improve traffic flow at the intersections of Olde Weatherstone Way at NW Cary Parkway and Old Weatherstone Way at NW Maynard Road.  The improvements proposed at these two intersections include the installation of traffic signals with metal poles and mast arms, flashing yellow arrows, and accessible pedestrian signal activated crosswalks. The Town installs flashing yellow arrow signals at intersections to address safety concerns for vehicles making a left turn. Flashing yellow arrows clearly communicate to drivers in the left-turn lane that they do not have the right of way and must look for approaching traffic before turning. In addition, street name signs will be installed on the signal mast arms.


Discussion: Negotiations with affected property owners have been productive and staff has been working towards reaching amicable settlements with the affected owners. There have been numerous conversations and correspondence with the affected property owners. It is hopeful that settlements will be reached; however, to ensure the project schedule is met, condemnation may be necessary. Staff will continue negotiations with the affected property owners while the condemnation process proceeds.


The owners and properties affected are as follows:

Mr. Joel R. Ledbetter et al

211 Calm Winds Court.

Cary, NC 27513-3579

PIN#: 0754623714

(approximately 770 square feet)


Congdon Preston Reserve, LLC et al

C/o Mr.  Adam Rickett

300 N. Greene Street, Suite 1000

Greensboro, NC 27401-2173

Site Address: 300 Berwick Valley Lane.

PIN#:  0754446873

(approximately 840 square feet)


Intersection of NW Maynard Road and Olde Weatherstone Way (Mr. Joel R. Ledbetter et al property):



Intersection of NW Cary Parkway and Olde Weatherstone Way (Congdon Preston Reserve, LLC property):




Fiscal Impact: 



For parcels where condemnation does become necessary, the Town will incur the cost of eminent domain proceedings which are estimated to be initially between $1,600 and $5,000 per parcel in addition to paying fair market value for the interests obtained. These costs will be paid from the available balances within the ST1198 Traffic Signals – FY2011. .


Next Steps:  Negotiations may continue between the property owners, staff, and outside legal counsel.  If settlements are not reached, the Town will begin the condemnation process by filing a Notice of Intent at the Wake County Courthouse.