Item Coversheet



Staff REPORT
Action ITEM

Item # 5.c.

SUBJECT: 

Deed of Easements for Capital Projects

DATE OF MEETING:  

May 12, 2020

Staff CONTACT(S):

Dale Lehnig, Capital Projects and Engineering Manager

Sally Hankins, Town Attorney

Jessica Mehl, Engineering Assistant

Andrea Broshkevitch, Engineering Assistant




SUMMARY and RECOMMENDATIONS:

The Town’s Public Works Department, Capital Projects and Engineering division, has undertaken several Council-approved construction projects, the completion of which require that easements be granted to the Town by private property owners.  This agenda item seeks Council approval of numerous such easements.  For efficiency, these deeds of easement can be approved collectively, in a single motion.

 

The easements 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 further the following Town of Purcellville capital projects:

 

(a)  Nursery Avenue Roadway & Drainage Improvements

This is a VDOT revenue-sharing funded project on Nursery Avenue, which includes replacing and adding, as appropriate, sidewalk, curb, gutter, and ADA curb ramps from the “Teardrop” to a point south of J Street (at the stream crossing).  This project will include: (i) the installation of a new storm sewer network with drainage structures, including a new dual culvert at the stream crossing, (ii) the replacement of a section of aging waterline, and (iii) the milling and overlaying of the roadway.  Easements are needed from eighteen parcels.  Many are just temporary construction easements, but some are permanent drainage easements, permanent public access easements or right-of-way. 

 

 

(b)  Sutton Drive Sidewalk Project

This is a Loudoun County funded project which is to improve drainage and eliminate erosion issues that currently exist on a 160-foot section of sidewalk.  The existing sidewalk is located within a permanent trail easement on the Purcellville Ridge Homeowners Association property and provides pedestrian access from the end of Sutton Drive in the Kingsbridge Manor subdivision to Loudoun Valley High School.  Improvements are required to eliminate ponding on the sidewalk following storm events.  This project will include:  (i) the demolition and construction of approximately 160 linear feet of concrete sidewalk, (ii) drainage structures including yard drain basins with grates and end sections, (iii) four inch roof drain laterals and a twelve inch storm main, (iv) erosion and sediment control measures to include ground cover planting, and (v) the removal and resetting of a wood fence. 



BUDGET IMPACT:

There is some expense associated with acquiring easements, which expense is negotiated between the Town Staff and the property owner.  All such negotiations relative to the easements before Town Council for approval with this Staff Report have been concluded.  If Town Council approves and accepts the attached easements, those negotiated prices, which have already been budgeted and appropriated as part of the capital cost of the project, will be paid.   

 



MOTION(S):

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



ATTACHMENTS:
Description
Nursery Avenue Roadway & Drainage Jean T. Hall Deed of Easement
Nursery Avenue Roadway & Drainage David T. Hall Deed of Easement
LVHS to Sutton sidewalk Coates & Rice Deed of Easement
LVHS to Sutton Sidewalk Purcellville Ridge Deed of Easement
LVHS to Sutton Sidewalk Kingsbridge Deed of Easement
LVHS to Sutton Sidewalk Purcellville Signorelli Deed of Easement