SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Approving a Purchase and Sale Agreement with St. Luke Orthodox Church for the South Roundabout Project and Authorizing the Related Purchase of Real Property
Department
DEPARTMENT: Public Works
Presenter
PRESENTER(S): David Pasic, Public Works Director
Jonathan Williams, Civil Engineer
end
Time
Fiscal
FISCAL SUMMARY:
Cost as Recommended: $21,332.00
Balance Available: $4,376,711.00
Fund Capital Improvements Fund
Line Item Number: 300-70-110-605000-100093
New Appropriation Required: No
Policy
POLICY ISSUES:
The policy issue before Council is whether to expend budgeted funds for the purchase of Right of Way and a Temporary Construction Easement for construction of the South Roundabout Project.
Recommendation
STAFF RECOMMENDATION:
Approve the Ordinance
Body
SUMMARY/KEY POINTS
• Town staff and St. Luke Orthodox Church have agreed to a cost for dedication of property and a Temporary Construction Easement allowing the completion of the South Roundabout Project at County Line and Austin Avenue.
• Construction activities cannot take place on the church property until the Church has transferred ownership of the land to the Town.
BACKGROUND OF SUBJECT MATTER:
A parcel of land (Right of Way) and a Temporary Construction Easement are necessary for construction of the South Roundabout Project located at County Line Road and Austin Avenue. The land is needed to install sidewalk and to tie back to existing grade. The Federal Uniform Act process was followed for the land acquisition process.
In December 2024, Town staff met with St Luke Orthodox Church to discuss a Temporary Construction Easement and small Right of Way acquisition for the South Roundabout project. As part of that federal process, the Town’s acquisition consultant explained to the Church that the Town is required to hire an appraiser to identify the cost of the land acquisition, and the Church has the right to hire an appraiser at the Town’s expense to determine if the offer is fair. It was agreed by all parties that it was preferable, and would save time, for the Town to pay the Church the fair market value of the land based on the appraisal as well as the appraisal fee in lieu of the Town paying for a second appraisal. The Church took this discussion to their Board and they supported that action.
As compensation for the land acquisition, the Church will receive $11,270 for the Right of Way, $2,312 for a Temporary Construction Easement, and $7,750 for the appraisal that would have been paid for their appraisal. The total being $21,332. The purchase price for the right of way and easement are per the appraisal price.
Construction work on the South Roundabout Project has begun. An exclusion zone over the Temporary Consecution Easement and Right of Way has been established and does not allow construction activities to take place until the Church has transferred ownership of the land to the Town.
priorities
TOWN COUNCIL PRIORITY(S) ADDRESSED:
☒ Attractive Community Amenities
☐ Engaged and Diverse Community
☒ Prosperous Economy
☒ Well-Maintained Infrastructure
☐ Small Town Feel
☒ Safe and Healthy Community
☐ Effective Governance
☐ Environmentally Sustainable
☐ Fiscally Responsible
attachments
ATTACHMENT(S):
1. Ordinance
2. Agreement
3. Exhibit A