HomeMy WebLinkAboutAgenda - 09-05-2013 - 5kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2013
Action Agenda
Item No. 5 -k
SUBJECT: McGowan Creek Interceptor Project— Easement Negotiation
DEPARTMENT: Planning, Asset Management PUBLIC HEARING: (Y /N) No
Services (AMS)
ATTACHMENT(S):
1) Map Showing Location of McGowan
Creek Interceptor Project
INFORMATION CONTACT:
Craig Benedict, Planning, (919) 245-
2592
Kevin Lindley, Planning, (919) 245 -2583
John Roberts, County Attorney,
(919)245 -2318
Jeff Thompson, AMS, (919) 245 -2658
1
PURPOSE: To consider authorizing County staff to accept and acquire the private easements
required to construct and maintain the McGowan Creek Interceptor Project by negotiation,
purchase or condemnation, if necessary.
BACKGROUND: On August 23, 2011, the BOCC approved proceeding with this project as
part of the Central Efland /North Buckhorn Sewer project. The project consists of
decommissioning the 25 year old McGowan Creek PS (pump station), installing approximately
2,500 feet of 12 inch gravity sewer line between the existing McGowan Creek PS on Efland-
Cedar Grove Road and the newly constructed Brookhollow PS on Brookhollow Road, rerouting
all the flow that had been going to the McGowan Creek PS into the new 12 inch sewer line, and
connecting the new 12 inch sewer line into the Brookhollow PS. This project will allow the
County to eliminate the McGowan Creek PS from the Efland System, saving the capital cost of
rehabilitating the 25 year old McGowan Creek PS as well as the yearly maintenance and repair
costs.
When the project was approved, it was to be funded using the Central Efland /North Buckhorn
State Revolving Fund (SRF) loan. The bids for that project were significantly lower than
projected, which left room in the total loan amount to finance this project. In discussions with
the State Infrastructure Finance Division regarding adding this project to the Central Efland
project, the State requested that the County instead apply for a separate SRF loan to fund this
project. Work was done to this end and the BOCC adopted a resolution on March 13, 2012
requesting a separate SRF loan for the McGowan Creek Interceptor project. Since that time,
the loan has been approved and the value of the project ($755,450) has been added to the
County's approved Capital Investment Plan (CIP). This amount includes engineering,
easement acquisition and construction costs.
2
Because this new sewer interceptor will travel cross country, rather than along an existing
roadway, there are five property owners from whom the County will need to acquire easements.
Orange County staff has contacted each property owner from whom easements are needed by
letter to let them know why the easement is needed, where the easement will be located on
their property, how much the County is offering them for the easement and the value of the
infrastructure being installed on their property. County staff has been answering any questions
property owners have and negotiating for voluntary acquisition of the needed easements. It is
anticipated that two of the five easements may need to be acquired using the County's eminent
domain power.
Please note that the easements are for temporary construction and later, maintenance access
to the sewer line. The easements do not take up the entire property. They allow the County's
contractor the right to construct the line and ultimately will allow the County the right to enter
and maintain the sewer line. All areas disturbed during construction will be reseeded and
vegetation re- established once construction in that area is complete. The map in Attachment 1
shows the entire project area. In general, there will be a 30 foot wide easement, centered on
sewer line, with a temporary construction easement extending an additional 20 feet. The
temporary construction easement will only be used during construction of the project and will be
necessary due to the depth of the line in some areas.
To complete the acquisition of the easements, the easement documents must be signed by the
County (receipt of interest in property) and recorded. The easements are generally 0.5 acres in
size or less. According to the County's tax records, the properties on which the easements are
located average 6.3 acres in size (with the exception of one 75 acre parcel) and range from 3.7
to 8.9 acres. Any easements that must proceed to condemnation will require a deposit with the
court of the appraised value of the easement. County staff will coordinate easement appraisals
as needed.
FINANCIAL IMPACT: County staff has offered a standard monetary amount for each
easement. Money has been set aside in the project budget to cover these costs. In the event
of condemnation, the County will deposit the value of the easement with the Court upon filing of
the condemnation complaint.
RECOMMENDATION(S): The Manager recommends the Board:
1. Authorize the Chair to sign easement documents on behalf of the Board;
2. Authorize the payment of negotiated easement value to individual property owners; and
3. Authorize the County Attorney's office to proceed with legal acquisition of utility
easements with court filing, as necessary.
McGowan Creek Sewer Interceptor - Easements Needed (8/15/2013) 3
ATTACHMENT 1
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Easement Parcels
Orange County Planning and Inspections
Brian Carson (8/16/2013)