Item Coversheet



Staff REPORT
Information/Discussion ITEM

Item # 12.e.

SUBJECT: 

Fields Farm Park Road Easements ESMT-20-01, ESMT-20-02, & ESMT-20-03 (Dale Lehnig) pg. 212

DATE OF MEETING:  

May 23, 2023

Staff CONTACT(S):

Dale Lehnig, Director of Engineering, Planning & Development

Andrea Broshkevitch, GIS & Special Projects Coordinator




SUMMARY and RECOMMENDATIONS:

Loudoun County has negotiated with three property owners for the acquisition of three easements for the Fields Farm Park Road project.  Loudoun County Department of Transportation & Capital Infrastructure (DTCI) has handed over the Fields Farm Park Road project to Loudoun County Public Schools (LCPS).  LCPS plans on constructing a secondary access road for Mountain View Elementary and Woodgrove High Schools in the future once additional funding has been secured.  The Town’s Engineering, Planning & Development Department has finalized their review of:  ESMT-20-01, Mayfair Industrial Park Association; ESMT-20-02, Mayfair Community Association; and ESMT-20-03, Ranger Specialized Glass, INC. for permanent drainage easements for the Fields Farm Park Road project, the completion of which requires that easements be granted to the Town by private property owners.  This agenda item seeks Council approval of numerous such deeds.  For efficiency, these deeds can be approved collectively, in a single motion.

 

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.

 



BACKGROUND:

The Deeds of Easements submitted for approval with this staff report are associated with the Fields Farm Park Road Project:

 

a)  ESMT-20-01, Deed of Easement between Mayfair Industrial Park Association, Loudoun County Board of Supervisors of Loudoun County, Virginia, and the Town of Purcellville.  This is a Loudoun County funded and constructed project which includes construction of a roadway and adding the required storm drainage.  A permanent drainage easement to the Town is needed from this parcel.

b)  ESMT-20-02, Deed of Easement between Mayfair Community Association, Loudoun County Board of Supervisors of Loudoun County, Virginia, and the Town of Purcellville.  This is a Loudoun County funded and constructed project which includes construction of a roadway and adding the required storm drainage.  A permanent drainage easement to the Town is needed from this parcel.

c)  ESMT-20-03, Deed of Easement between Ranger Specialized Glass, Inc., Loudoun County Board of Supervisors of Loudoun County, Virginia and the Town of Purcellville.  This is a Loudoun County funded and constructed project which includes construction of a roadway and adding the required storm drainage.  A permanent drainage easement to the Town is needed from this parcel.



BUDGET IMPACT:

There is some expense associated when acquiring easements.  Loudoun County negotiated and paid for all costs associated with the acquisition of these three easements with the property owners.  The three permanent drainage easements acquired are along Mayfair Crown drive which is a Town maintained roadway in which the Town receives VDOT funding for maintenance.  Therefore, the Town will be able to use VDOT funds for any future maintenance costs.   



MOTION(S):

“I move that Town Council approve and accept the deeds offered in the Deed of Easements attached to this Staff Report, and authorize the Mayor to sign all such deeds on behalf of the Town.”


ATTACHMENTS:
Description
ESMT-20-01, Deed of Easement & Plat
ESMT-20-02, Deed of Easement & Plat
ESMT-20-03, Deed of Easement & Plat