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Home My WebLink AboutAgenda - 02-02-2016 - 7-a - Rogers Road Sewer Project Easements 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 2, 2016 Action Agenda Item No. 7-a SUBJECT: Rogers Road Sewer Project Easements DEPARTMENT: County Manager PUBLIC HEARING: (Y/N) N ATTACHMENT(S): INFORMATION CONTACT: 1. Map Showing Scope of Project and Travis Myren, Deputy County Manager Anticipated Easement Parcels 245-2308 John Roberts, County Attorney, 245-2318 2. Easement Valuation Calculation Craig Benedict, Planning Director, 245- 2592 Gary Donaldson, Chief Financial Officer, 919-245-2453 PURPOSE: To consider authorizing County Staff to accept and acquire the private easements required to construct and maintain the Rogers Road Sewer Project by negotiation, purchase or condemnation, if necessary. BACKGROUND: The County has been working with the Towns of Carrboro and Chapel Hill and with the Orange Water and Sewer Authority (OWASA) to design and construct a sewer collection system to serve the Rogers Road neighborhood. The County is leading the effort to obtain the private easements needed for construction and future maintenance of the sewer collection system. At this point in the design process, the alignment of the sewer system has been tentatively established and the design firm is in the process of creating easement plats for each property noted in Attachment 1. The proposed sewer line is approximately 18,500 linear feet. In anticipation of this easement acquisition effort, County Staff set up an information meeting for community members, which was held on December 8, 2015. The meeting was held to explain to the community the purpose of an easement and the practical implications of having an easement on their property. This was also a time to answer questions about the easement acquisition process, the construction process and the project in general. Following receipt of the easement plats from the design consultant (AECOM), County staff will develop easement deeds for each property. There are approximately 80 properties where permanent and temporary easements may be placed: 73 parcels inside the Historic Rogers Road Area (HRRA) and 7 parcels outside the HRRA. 2 Staff will then contact each property owner from whom an easement is needed by letter to let them know why the County needs the easement, where the easement will be located on their property, how much the County is offering for the easement and the value of the infrastructure being installed on their property. The easement deed and a copy of the plat will be included in the letter, along with instructions on how to complete the document and who to contact with any questions. FINANCIAL IMPACT: County staff will offer a standard monetary amount for each easement, based on a partial per square foot tax value of each property, since easements are minor percentage interest and not a fee simple purchase. Approximately $212,000 is herein being requested for the project budget to cover these costs. In the event of condemnation, the County will be required to deposit an amount equal to the easement value with the Court upon filing of the condemnation complaint. A cost sharing agreement with Carrboro and Chapel Hill will assist in these costs. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this agenda item: GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. RECOMMENDATION(S): The Manager recommends the Board: 1. Authorize the payment of negotiated easement value to individual property owners, within the project budget; 2. Authorize the County Attorney's office to proceed with legal acquisition of utility easements with court filing, as necessary; and 3. Authorize staff to bring back a budget amendment within the parameters outlined above to cover the cost of acquiring easements for this project. Attachment 1 Rogers Road Proposed Sewer - Easement Parcels 3 PNKS RD Z 0 I : yob '. ion.. C kiL GI III O1 - o o_D DR ....../1' , ,' I kVA; bi*Iy MI 4'42 rr RI � � ��` � ,RD'EXT iii vi J�Q- yv .C•S r: VI g 11111 ■ RI ROWERo p ___,L3: LN WA go w O� ��:� �f 11 ! . ` ►i_a r• ( .0� c ` O ' c LAUREN.S-WAY `■\\ I. Z ` / m L Q o. ° 1 �� Illlll�j\\ BERIN E-Rep 1,IIII_` I Z 1�='•• ■ BILLABONG_LN �O-� c`\` lam / St IL % I I% IN auk.VA% G�IJR '` tap ' 3 F7 R . - -I \t.ERD . ■■ ,,,, fa Existing Sewer OW''101∎1 HOMESTEAD RD . Proposed Sewer raril.. ,,`, ��I I I ■�� '�� r P I , , J4 ∎ ,�2 p^ ' at /� // N tin=1,000 feet ■ Ins , , 14 Ell f4, •� t 0 300 Historic Rogers Rd Boundary �� r�� \.� I Ir L44,• G�' M: 11� l , OFeet H9 I ' '' i �� =;' Orange County Planning and Inspections Llsr■ ■■■•■■■■•■■■-■/, A .. 111,..._.■ Ii■ LA MI=111111a la . Easement Parcels 1 -= Brian Carson(1/13/2016) 4 Attachment 2 Easement Value Calculation Example On the plat, the easement is at the south (bottom) of the property, shown by a dashed line. • The easement is about 295' long and 25' wide (7,379.74 square feet (sf)). This is shown in the center of the plat, along with the Property ID Number (PIN) and the total square footage of the property. • From the County's tax records, the value of this property ($33,540/acre) is $196,629.00 for a 6+ acre parcel, which equates to approximately $0.77/sf. • Compensation for the easement is 20% of the per square foot tax value for the property. In this case, the value would be: o 7,379.74 sf X $0.77/sf X 0.20 = $1,136.48 • If there was a temporary construction easement needed, the value of that is half the value of a permanent easement, so instead of multiplying by 0.20 (20%) you would multiply by 0.10, or 10%. Easement Signing Process 1) Sign appropriate easement documents 2) Sign a W-9 Form - Request for Taxpayer Identification Number(TIN) and Certification since this compensation is considered taxable revenue. 3) County records document at Register of Deeds 4) Check is prepared for property owner