HomeMy WebLinkAboutAgenda 8-l - Hillsborough Area Economic Development District Phase 1 Water and Sewer Extensions - Project Easements and Acquisitions
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2018
Action Agenda
Item No. 8-l
SUBJECT: Hillsborough Area Economic Development District Phase 1 Water and Sewer
Extensions - Project Easements and Acquisitions
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
1. Map Showing Approved Scope of
Project
INFORMATION CONTACT:
Craig Benedict, Director, 919-245-2592
Howard Fleming, Erosion Control/
Stormwater/Engineering Supervisor,
919-245-2586
James Bryan, Staff Attorney, 919-245-
2319
PURPOSE: To consider authorizing County Staff to acquire the private easements required to
construct and maintain the Hillsborough Area Economic Development District (EDD) Phase 1
Water and Sewer Project by negotiation, purchase, or condemnation, if necessary.
BACKGROUND: The County’s engineering consultant, The John R. McAdams Company, Inc.
(McAdams), has recently completed design of the subject project and submitted for agency
permit reviews, in preparation for issuing construction documents for bids. The project is a joint
venture with the Town of Hillsborough, consistent with the Orange County Capital Investment
Plan (CIP) and an Interlocal Agreement the BOCC approved on May 2, 2017. The project is
composed of both gravity sewer and water lines needed to serve the EDD properties primarily
west of Old NC Hwy 86 and south of the interchange with I-40. Orange County will transfer both
the easements and infrastructure to the Town of Hillsborough following project completion for
continued operation and maintenance in accordance with a jointly adopted agreement.
The entire scope of the project involves the following:
• Approximately 4,175 linear feet of 12” gravity sewer, including a bore & jack or tunnel
under I-40, and possibly a bore & jack under Old NC Hwy 86, depending on bids.
• Approximately 7,710 linear feet of 8” water line, including some directional drilling under
some wetlands areas.
Consistent with this phase of the project, now that the County is certain of the alignment,
easements must be finalized for the sewer and water lines that need to be installed outside of
North Carolina Department of Transportation (NCDOT) right of way. Staff aligned the sewer
and water line within the existing service road where possible.
Most of the property owners are in favor of the project and several have indicated their intent to
grant easements. However, it is anticipated that one or two of the necessary easements may
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need to be processed through legal easement acquisition proceedings. A property owner would
still retain ownership of the land. Some use within permanent easements is curtailed, but
easements are usually located in areas (lot edges) that cannot be used for structures. Cultural
and archeological research has already occurred.
The easements are for two purposes - temporary construction and future maintenance access
to the sewer lines. The easements do not take up the entire property, only allowing the
County’s contractor the right to construct the line and ultimately provide the Town of
Hillsborough the right to enter and maintain the sewer lines. All areas disturbed during
construction will be reseeded to re-establish vegetation once construction in that area is
complete. The attached map shows the entire project area and scope.
Compensation is offered during the easement acquisition process. Any easements that must
proceed to condemnation will require a deposit with the court of the appraised value of the
easement. The County Attorney’s office handles these activities.
FINANCIAL IMPACT: The project budget has been previously authorized by BOCC. County
staff has offered a standard monetary amount for each easement, based upon an historic
percentage of appraised land value. There are eight (8) properties on which easements are
required that are owned by six (6) different owners. Total formulaic-projection of easement
costs is within the CIP Project 30048 budget for this specific expenditure of $50,000 line item.
In the event of condemnation, the County will deposit an amount equal to the standard offer with
the Court, upon filing of the condemnation complaint. If the easement acquisition costs exceed
the amount set aside, additional funds will be accessed from the Capital Investment Plan (CIP)
appropriations.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
Adding water and sewer infrastructure to the Hillsborough Area EDD will result in positive
outcomes related to the above Goal.
RECOMMENDATION(S): The Manager recommends the Board:
1. Authorize County Staff to acquire and record the private easements required to construct
and maintain the Hillsborough Area Economic Development District (EDD) Phase 1
Water and Sewer Project by negotiation, purchase or condemnation, if necessary;
2. Authorize the payment of easement purchase value to individual property owners, LLC’s,
etc.; and
3. Authorize the County Attorney’s office to proceed with legal acquisition of utility
easements with court filings, if necessary.
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Streams
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City Limits
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MPD-CZ ¯Orange County Planning and InspectionsBrian Carson (8/14/2018)
0 500Feet
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