June 2 5 , 2001 Resoitttion Book 37, Page 142

RESOLUTION REGARDINC3 PROPQfWD l Z W T I I O N OF WITHDRAWAL

WHEREAS, Tsiplett-Heard LLC, Triplett-Barnes Rentals, LLC, G.E. Vinroot C o ~ c t i o n Company, Simwin Proge4liw LLC, awl Clark CVSSAM, LLC (collectively "Proprty Ownersu') have submitted .to the City of Charlotte a propgsed Declaratioh d w M of M c a h ~ d l e y - ~ i ~ % & e G i d y o f Charlotte e@ct.f Mdh %mm Ami%y b a d aad depicted a a e y @ASOW breta a61 Exhibit A m d mre ~ ~ a r l y ~ ~ b e d in&&iMtB, atwhe&-; and

VJHEBEW p m to G.S. 1 3 & Q 5 ~ , f $ e P m Ownem have quested that the City adopt^ .re~1ution hdhw tM &e cM&bn M h e d is ,& pmwd declaration efwi-d kmt m-@fas&st p b attopted,m& Q.S. i36-6a2.

NQ* t r E O R E BE IT klESQ&~EXl by &e cBar10Zte City Cauncil that the alley depicted on_Wbit.A atoacht?dhcFeta ruEd describd witti nwre , ,dcul&tv in it B is not part of s stfeet plan adopted mder Q.S. 136-66.2.

*

This the 26 th day of June, 2001.

I, Brenda R. Fre,eze City c&& ofthe City of Chariotte, North Carolinn, RQ HEREBY CERTlFY that the fo~going is a thle and exact copy of 8 Resoiution adopted by the City C o d ofthe City of Charlotte, North Carolina, in regular session emvened on the s t d a y of- Jw ,2001, the mferenee having been made in minute b o o k A and recarded in full in Remiution Book 37 ,page@) 142-144

WITNESS my hand and the corporate d of the City of Charlotte, North Carolina, this the 2 6 t h day of June ,2001.

SURVBY OF: PORl'lON OF UNMhiEO 10' ALEWAY TO BE REMOVED FROM DEDIW~N

CkWLUTTE N.C.

June 25, 3001 Resolutioa &ok 37, P&ge 145

RESOLUTION D E C W O CS D$lBNT TO AI3AS1DON AND CLOSE a portion of CasaLents R D ~ in,&. City of Charlotte, Mwklenbwg C a w , North Carolina

Whereas, RougIw M. snd Kay A. Smith bas filed a petition to close a portion of Cam Loma Road in the oity of Charlotte; and

Whm, fhe portion of Casa Lorna Road to be ciosed lies from Holly Vista Avenue south appm&mefy 238 feet to its terminus at the pmperty line of W.A. and ED. Eury as shown in a map marked "Exhibit b" and is more particularly described by metes a8d bounds in a document marked '%hibit By' , both of which are available for inspection in the office of the City Clerk, City Hall, Chatme, North Carolina.

Whereas, the procedure for closing streets and alleys as outlied in North Carolina General Statutes, !kctioh 160A-299, requires that City Council first adopt a resolution declaring it's intent to close the street and calling a public hearing on the question; said $atUte further quim that the resolution shall be published once a week for two succehsive weeks prior to the hearing, and a copy qerqf kqt by m&tmd or cdfiq3 d l to all owiran of pm9erty adjoining the stfeet as shown on the cQunS tax records, and a notice of the closing and public hearing shall be prominently poM in at I& tm pkaw along sgid street w BUey and

Now, therefore, be it resolved, by the City Council of the City of Charlotte, at it's regularly scheduled session of June 25,2001, that it inkads to close a portion QE Casa Loma Road and h t OBe said strest for cnrtion thereon b e h mre oafticularlv des&bed on a mat, and by a metes and dew&ti;n available f& iq&tion id@ City 6ledr"s ~ffim, and hireby calls a uublic h& on the auestion to be held a+ 7:Ohm on h%dev. the 27th dav of Au-

The City Clerk is bweby directed to publish a copy of resohtion in the M d n b u r g Tkes once a week for two successive week% next pmeding the date fixed here for such hearing as required by N.C.G.S. 1608-299.

I, Brenda R . F r ~ e z e City C h k of the city of Chdotte, North C a r o b DO HEREBY CERTLFY ti& tha &peg,obg is a ORle and esarat copy of a Resolution &@$led by the City Comcii of the City of CharIoEe, North Carolina, in regular session coave~ed on the 29 thday of- June ,2001, the referem having been made in mirme book 1 16 , and - recorded in Pull in Resolution Book 37 p PW@) -. 145

WITNESS my hand and the corporate seal of tbe City of Charlotte, NQah Carolina, rhis the 29th day of June ,2001.

R. 44&, cmc Brenda R. Freeze. CZE. c?t7 Clerk

June 2 5 , 2001 Resolution Book 35, Page 146

"METROLINA REGIONAL TRdPeL DEMAND MODEL SURVEYS" R m m P B BY'Mfe "CIW COUWIL

OF T m CFTY OF CHkSklOT%E, NORM WRULINA ON JUNE 2§,2QOf

A motion was made by Councilmenrber Mitchell and seconded by

Couneilmember Autrey for the adoption of the following Resolution, and upon being put

to a vote was duly adapted:

*

WHEREAS, the North Carolina Department of Transportation (hereinafter referred to as the

~e~artment),'t& City of Charlotte (hereinafter Fel'w4 to as the City), and the Sate af South

Carolina (hereinafter referred to as the State) have agreed for the P@artment to employ a private

engineering frrrn to perform travel surveys fw the ktfoiina Regland Travel Demand Model

(External Station Suwy and Household Travel Survey), t b "Surveys"; and,

WHEREAS, the Ci and Sbte ham agreed tq~ particimte ip the wsts qf M e Surveys with the City

reimbwsing the IDepwIrm~~t in two lutnp sum payment8 in Me amount of $249,937.50 on July 1.

2001 and $249,937.50 on Jdy l1,2MI2 and the Wte r f i w i r r g tM DeptPrtmeiil In the amount of

$75,000 in one lump sum en July 1, a m ; and,

WHEREAS, the Department shall coordinate and oversee the Surveys in acmrdance with

Departmental and Federal policies, procedures and specifications, and the Scope of Servbs which

shall be established by the Department's SMewMe Planning Branch anel the City and State.

NOW, THEREFORE. BE IT RESOLVED that the Metrolina Regional Travel Demand Model Surveys

Project, is hereby forma& approved by the City Council of the City of Charlotte and the Director of

Transportation and Clerk of this Municipality are hereby empowered to sign and execute the

Agreement with the Depawent of Transportation.

June 2 5 , 2001 Resolution Book 37. Raga 147

CERTIFICATION

1, Brenda R . Freeze, City Clerk af the Cjty of CharEotte, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution adupki4 by the Ow Cwndl of the Ci of Ctrarlotte. bkt@~ CNm, In regular sessim mvened on the 25* day of Jyne 1001, the r e f a m Iraving twen made in Mh&e baerk 1 16 , and recorded in full in resolution book 37 PW@sf-- 146-147 ,

WfmESS W kimd and the m t e of tba City of Charlotte. Nor* CholIna, this the 25" day of June 2QQI.

Brenda R. Freeze, Cm, City Clerk

June 25. 2001 Resolution Book 3Y, Pase 148

COPY OF A RESOLUTION PASSED BY THE CITY COUNCIL OF THE CITY OF CHARLOTTE, NORTH CAROLINA

A motion was lnade by Councilmember Mitchell andsecondedby G o u n c i l m e m b e r y for the adoption of the following Resolution, and upon being put to a vote was duly adopted:

WHEREAS, the NmZh Card'ia Depatmgnt of TrwwpmrtaUon end the City of C h a w propose to make certain sWet and highway improvments consisting of the ikpforernent to the intersection of South Boulevard (US 521) andb%dhwn Road (SR 5814); and,

- WHEREAS, the Dspartment of Tranqmmtbn and tke City of Cherlotle propose to enters into an agreement for construction of the aforementioned highway improvement whereby the City of Charloce agrees to prepare the planning document, obtain all permits, design the project plans, acquire the right of way and adjust utilities, award the construction contract, and supervise construction; and,

WHEREAS, said agreement provides for the City of Charlotte to be responsible for the costs of design and preparatkon of plans for the entire project, for the costs of engineering and supervision of construction of the entire project, and for administrative costs incurred in the acquisition of right of way of the project; and,

WHEREAS, the City of Charlotte shall be responsible for one hundred percent (100%) of all cost associated with the relocation and adjustment of utilittes and acquisition of right of way (including administrative costs), at no expense or liability to the Department; and,

WHEREAS, said agreement further provides for the Department of Transportation to reimburse the City of Charlotte to a maximum extent of $1,500,000 for the actual cost of planning design and construction of the project.

NOW, THEREFORE, BE IT RESOLVED that Project U-2100, Mecklenburg County, Is hereby formally approved by the City Council of the City of Charlotte and that the Director of Transportation and Clerk of this Municipality are hereby empowered to sign and execute the Agreement with the Department of Transportation.

1, Brenda B. Freeze , Clerk of the City of Charlotte, do hereby certify that the foregoing is a true and exact copy of a Resolution adopted by the City Council of the City of Charlotte, North Carolina, in regular session convened on the2XkJay of June 2@1. and the reference having been made in Minute Book 116, and recorded in fubl in Resolution Book 2, Page 148..

WITNESS, my hand and the corporate seal of the City of Charlotte, North Carolina, this the2zkiay of June ,2021

SEAL Brenda R. Breeze

crll C

June 25, 2001 Resolution Bcok 37, Page 149

COPY OF A RESQLWTIOM PASW BY THE CITY e m c l k OF THE CITY OF CHARLOTTE, NORTH CABOUM

A. motit% was madB by Coua~ihenbcr~~kcWell a seconded by Councilmcsi&er h t . ~ e y for the agoph of the fdlowir@ Resoiufii, a~nd upon being put

8 ba.ee&Edi$f$'*@a:,l- , , , , $ 1 ; I , I 4 1

- 8 . , . L %-,: .- < . : . ' . , . , - . 1 :

WGEREAS,, ttw N- ~ a m i i i aepartment &e : &y ad ,*me propose to ~ e c ~ i n R%K& mttd impmvm&ts on 05 a traW~ sSgnef at

-:(* 3815)m-ilt ~~ : I P . ~ J end witkhson . ,

~Hl%EAb,'&dd depamhent of ~&spotta?ic¶ apd tt@ W to enter into an Agreement for the above-captioned project whereby this (1) to revise the traffic - - Gnal equipment, interconnect the *rial to the existing traffic signal systcp, and other Buch work as requirC(d ontbe projeot in &cotdance with the Wee4 &na, rilrd @Ffo acquire right of way and

' I . WHEREAS,, the City of Charbttl, cagrms to. r&mbirse the 'D8p@Wnmt of Tranqxntatton for

the eMe cost of wtd mdkrs ~ r m m t s with relmbumm to be '8 k omt Ma1 m m t - - upon completion at the work (estimated mst is $1 DO,^).

NOW. WIEREFOR~!, rr I W W L V ~ ihat u W e n b u r g county, IS hsrebgwmmpmuedwweity W ~ W & thg W~#&JEWCJ~ ma -%&a and mt tiw Director of

Brenda R. Freeze, :W,,,

June 25, 2001 Resolution Book 3 1 , rage 150

A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE ACQUlSlTlON OF CERTAIN REAL PROPERTY

WHEREAS, the C i t y Council of the C i t y of Charlotte finds as a fact that it is necessary to acquire certain property as indicated below for the MCALPINE C W K RELIEF W E R PROJET

WHEREBS, the City either in good faith has undertaken to negotiate For the purchase of this property but has been unable to reach an agreement wit% the owners for the purchase price or, after reasonable dfligence, has been unable to negotiate a purchase prtce;

/ , NOW, THEREFORE, BE IT RESOLVED by the ctty council of he c ~ t y of

Charlotte, that condemnation proceedings are hereby authorized to be instituted against the property indicated below, under the authorlly and procedures of the laws of the State of North Carolina:

PROPERTY DESCRIPTION:

Amount necessary for MCALPINE CR~BK RBLIEF S~WER PROJECT, and estimated be approximately 20,- saware feet E.482 ;~.cre) for a permanent sml ta ry sewer easament, and any addl$lonal property or interest as the City may determine to complete the Project, as It relates to Tax Parcel No. 211-175-23, said property currently owned by KEITH A. KELLY and wlFe, ANDRA E. KELLY; MARK D. M C W L ~ C K , ~mstee; ALtew TATE M ~ T M G E SERVICES, INC., Eeneficiary; Any Other Parties in Interest, or the owners' successor-In-interest.

ESTIMATED JUST COMPENSATION:

such estimated just compensation as may be determined based upan the takings required by the final construction plans.

IT IS FURTHER RESOLVED that the estimated just compensation for the property is hereby authorized to be deposited in the Office of the Clerk of superior Court, Mecklenburg County, ~ o r t h Carolina, together with the filing of the complaint and Declaration of Taking.

OUI1rS 82, A w l Besalmtion Book 37, Page 151

: I, J3remla R F m , . City Cbk of fh6 City 6f W o t t E , Notth Caroli~, DO HERB$Y CERTIFY that &q hgekgistr h e d&aet- &r R~~~htiplll rdoptblP t@b~ Ciq Eoutlcrt gP& City of charfot$~' NO& c m in .Mj&&&-$ap.:&;h, mrtde,$:&

Book 116,dandinfuflfi~li0~esolution~oo~~~a&(s) 150-151.

WITNESS my Wd aad the cupmate d of the City of Chalotte, N ~ & C r n h &hie the 29th day ol~lme, 2001.

June 25, 2001 Resolution Book 3#, Page 1152

A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY

WHEREAS, the C l t y Co.unci1 of the Ci,Q OF Charlotte finds as a fact that it is necessary to acquire certain. pr04@W fS,diEated below For the ~a@rnAN STREW STQW PBAlNAOE IMP 1PROJECq and

WHEREAS, the Ci ty either in good faith has undertaken to negotiate ' for the pulrchase of this property but has been unable to reach an agreement with the owners for the purchase price or, after reasonable diligence, has been unable to negotiate a purchase price;

r . NOW, THEREFORE, BE iT RESOLVED by the C l t y Council of The Ci ty of

Charlotte, that condemnation proceedlngs are hereby authorized to be instituted against the property indicated below, Under the authority and procedures of the laws M the State of North Carolina:

PROPERTY DESCRIPTION:

Amount necessary for MORGIAN ST- DRAINAGE IMPROVMWT PROJWT and estimated be approximately 3 ~ ~ 4 7 7 square feet (0.91 acre) for a permanent dmhaae easwmamt, and any additional property or interest as the C i t y may determine to complete the Project, as it relates to Tax Parcel No. 063- 107-13 and 063-107-14, said property currently owned by HARVEY W. COUCH, SR. and Wlfe, LOUISB Q. COUCH; J M S O N P. WELLS, Trustee; ESTATE OF CHARLES BeRNARD GOUCM, SR, BenMtclary; Any and All Hews at Law of the Estate of Charles Bernard Gouch, Sr.; Any 0th- Parties in interest, or the owners' successor-in-interest.

ESTIMATED JUST COMPENSATION:

Such estimated just compensation as may be determined based upon the takings required by the final construction plans.

IT IS FURTHER RESOLVED that the estimated just compensation for the proDerty is hereby authorized to be deposited in the Office of the Clerk of Superior Court, Mecklenburg County, North Carolina, together with the filing of the Complaint and Declaration of Taking.

June 2 5 , 2Q01 ResoLution Book 37, Page 153

I, B a a R Freeze, City Clerkof the City of Cklotte, N d Carolinn, DO HERBBY CERTIFY that the forepiagisatrueprdexllotoa~ofab80~ac8ophdbythe~C~ilaftboCityof Chadotte,N& ~ i n ~ ~ o n ~ o n t h e 2 5 t h d a y ofJu&e-,2001,thefef~ehav&beenmadeinMinute Bo& 116, mS reoorckd inM1 ia RGgd* Book 37, P&s) 152-153.

WlNBSS my h d and the cwprak sed ofthe CiFy of Wa#, North bb, tbis fbe 2 9 ~ ~ d a y of Sane, 2001.

June 25, 2001 Besolu~ion Book 37. Page 155

1 9 9 r l C C ~ ~ h ~ e ~ ~ S e t i n h t h e c r o w ~ o ~ t d a t e $ a s o f J ~ ( ~ e 1 , u 3 0 1 (h "eprOw AgrmmM7 berwgan the CiQ U First Union l u & d Pa&, as escrow agent;

WBERBAS, the City will &ke avdab1e the proceeds from the sde of the Stadium Packtag Facility to be applied as set forth in tim Escrow Agreement;

~ ~ I t h e r e M ~ b e g l r i b e d t o t h e C i C o w n c i l P h e 6 s e w a r ~ e n a , acopyofwhkh has been made available to the City Council, which the City Cow~cil proposes to approve, enter into and deliver.

w&eREAS, it appear$ that the Fkrow Agreement is m an appropriate fom and is an appmprkxe instrument for tbe gwpom &ended;

Section 1. ~~ to ~~e Ule h w A g n d R I C M . . The f m and content of the Escrow Agreement shall be and the ~iune hereby are in all respects authorized, approved 6 e m t l ~ , aal the City Manager, the City i ) i t o r of F h t m or their mpctive d&9@ees shall be and they hereby am authorid, empewereti and W t e d to execute and deliver the herow Agreemeat, i n c w neces;rary ropnterparts, in SHbatantblly the form and ooatent presented to the City Council, bat with auch changes, madifIctio&, adWom or &leh~~% Wi as shall to them seem necessary, W i l e or appropriate, tke

to&.*-,etrdw:*@.-hBsdww.H& x-; cq m t , !* @f w. & or .&& imp&%.$ M i , rue k d y a ~ . , a a p o ~ ~ ~ ~ . d i , ~ & ~ ~ ~ d ~ a n d ~ e ~ ~ ~ , ~ ~ ~ a s m a y be necessary to eany out and comply with the provisions of the Escrow Agrmmmt as,executed.

&ah 2. &vend&&. That if any section, @save or p i d m of WWutiern slrall for any rwon be &lam4 to be invalid, such deem shall not affect the v a l i v of the remainder of the sections, phrases or provisiom of this RWdution.

Spcfion 3. Reperder. Tbaf &I m&as, &em, regolutions and paas thereof, in connict herewith are hereby rqmfd.

4. ~ e & Datc. This ResoIution will take effect immediately on its adoption.

Juae 25 , 2001 Resolution Book 374 Page 156

Qn motion of 06taw-k Autrey , . s a m m k d @ ~ ~ Graham ,tfrs, re4wW.h &dsd ‘TSWX~QNJW TRE GWW OF

cxwumm, Noma Gmomn A P P R O ~ G MlZfmmw A G R W W E I W ~ REIATEI) MA-* was duly adopted by the fblhvhg We:

AYES: Councilmembers Autrey. Cannen, Carter. Caataw, Cra- MLtaheL1, Spemwr, .Wwlor, rwd m' te

NAYS:

wzyy$@~,!my rid &1& -pats #dM the afC&ulofte. ~~~~, b29th day of June , m81.