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Staff REPORT
Information/Discussion ITEM
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| | | | | | | | SUBJECT:
| Barrett Subdivision Boundary Line Adjustment & Easements MSP-21-01, BLA-21-01, & ESMT-21-01 (Dale Lehnig) pg. 175
| DATE OF MEETING:
| May 23, 2023
| | Staff CONTACT(S): | Dale Lehnig, PE, CFM, Director of Engineering, Planning & Development
Jordan Andrews, Planning Operations Coordinator |
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SUMMARY and RECOMMENDATIONS:
The Town’s Engineering, Planning & Development Department has finalized review of the by-right Site Plan TP-21-03 for the Barrett Property, the completion of which requires that easements be granted to the Town by private property owners. Additionally, deeds of boundary line adjustment and subdivision are created through this lot development. This agenda item seeks Council approval of numerous such deeds. For efficiency, these deeds can be approved collectively, in a single motion.
The full site plan for this project, TP-21-03, has completed multiple submission reviews by Town Planning and Engineering staff, as well as external reviews by Virginia Storm Water Management, Fire Marshal, Fire & Rescue, VDOT, and Erosion and Sediment Control.
The deeds submitted to Town Council for approval with this agenda item are routine. The land subject to the easement remains owned by the private property owner, and not the Town. As such, it is not truly a conveyance of real estate requiring Council approval. Nonetheless, the Town’s long-standing practice has been to treat such easements as conveyances of real estate, requiring approval by the Town Council[1] and signature by the Mayor.
[1] § 15.2-1803. Approval and acceptance of conveyances of real estate.
Every deed purporting to convey real estate to a locality shall be in a form approved by the attorney for the locality, or if there is no such attorney, then a qualified attorney-at-law selected by the governing body. No such deed shall be valid unless accepted by the locality, which acceptance shall appear on the face thereof or on a separately recorded instrument and shall be executed by a person authorized to act on behalf of the locality. The provisions of this section shall not apply to any conveyance of real estate to any locality under the provisions of Article 6 (§ 15.2-2240 et seq.) of Chapter 22 or prior to December 1, 1997.
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BACKGROUND:
The Barrett Property consists of 3 parcels of land located on South 32nd St. just North of West I St. The proposed subdivision would create 4 R-2 lots in total. Two of those lots have existing single-family homes situate, with the 2 other lots being created with the intent to construct 2 additional single-family homes.
The associated legal documents for this subdivision have been reviewed and deemed complete by Town staff and Legal Counsel. Those documents, including deeds and property plats of Boundary Line Adjustment (BLA21-01), Easement (ESMT21-01), and Subdivision (MSP21-01) are now before the Town Council for final review and approval.
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BUDGET IMPACT:
Creation of 2 new residential lots and associated houses would contribute availability(connection) fees for both Town water and sewer, as well as expanding the utilities user base as a whole.
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MOTION(S):
“I move that Town Council approve and accept the deeds of easement, boundary line adjustment, and subdivision offered in the attached documents to this Staff Report, and authorize the Mayor to sign all such deeds on behalf of the Town.”
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