The text of the material for the Sept. 08, 2009 city council public hearing on a proposed ordinance entitled "AN ORDINANCE GRANTING A PERMANENT EASEMENT TO THE RIVANNA WATER AND SEWER AUTHORITY FOR THE RELOCATION AND ENLARGEMENT OF THE SCHENK'S BRANCH SEWER INTERCEPTOR" made available at the Charlottesville City Attorney's Office is given below as well as some clarifying additions I added (including the referenced section of Virginia Code relating to the transfer of city property).
A legal notice of the Sept. 08, 2009 public hearing was published in the classified advertisement section of the August 30, 2009 Daily Progress. This easement item was removed from the agenda of the August 17, 2009 City Council Agenda due to some technical problems in identifying the easement area on the VDOT plans. The draft ordinance now refers to specific plan sheets dated October 30, 2008 and last revised August 11, 2009. Included below is the August 17, 2009 staff report. A new staff report has not yet been released so there may be some changes to it before it is put in the agenda packet for city council. The final staff report should be posted on the city website on Thursday Sept. 03, 2009 as it will be presented to council. Note that I have included Virginia Code § 15.2-1800(B) that is referred to in the third "whereas" of the draft ordinance immediately following the proposed ordinance text.
The text raises several questions in my mind, and may raise other questions in yours. Is this a sale of rights that would require at least four affirmative votes of council to pass this ordinance as required under Article VII, Section 9 of the Virginia Constitution? Do we want RWSA to have the authority to cut any trees on the acreage designated in this easement without any review by the city (as the draft deed suggests or even seems to require)? When will city council be presented with a sewer easement for the southern end of the McIntire Road Extended project that is the illustrated on the VDOT plans submitted to the U.S. Army Corps of Engineers?
Do attend the upcoming public hearing at city council on Sept. 08.
CITY OF CHARLOTTESVILLE, VIRGINIA
CITY COUNCIL AGENDA
Agenda Date: August 17,2009
Actions Required: Yes (Approval of Ordinance First Reading)
Staff Presenter: Craig Brown, City Attorney
Staff Contacts: Craig Brown, City Attorney; Lauren Hildebrand, Public Utilities Director; Angela Tucker, Development Services Manager
Re: RWSA Easement for Schenk's Branch Interceptor
Background: The Rivanna Water and Sewer Authority ("RWSA") owns a sanitary sewer collection line known as the Schenk's Branch Interceptor. The line begins on the east side of McIntire Road across from the parking lot for the Albemarle County Office Building, and continues along McIntire Road, under the Rt. 250 Bypass, through McIntire Park and ultimately connects to RWSA's Meadow Creek Interceptor in Albemarle County. The Schenk's Branch Interceptor was originally owned by the City, but was a part of the wastewater infrastructure sold to RWSA pursuant to the 1973 Four Party Agreement between the City, Albemarle County, the Albemarle County Service Authority and RWSA.
The entire Schenk's Branch Interceptor is approximately 7,000 linear feet, with all flows through the line originating within the City. As part of RWSA's replacement and upgrade of the Meadow Creek Interceptor (which collects flows from both the City and County) RWSA will be replacing and upgrading approximately 575 linear feet of the Schenk's Branch line. An additional 1,250 linear feet of the line will be relocated and replaced by the Virginia Department of Transportation ("VDOT") to accommodate the construction of McIntire Road Extended. The proposed relocation by VDOT provides an opportunity for the City to have this portion of the line enlarged, with VDOT paying the majority of the relocation costs and the City paying the additional costs for the larger line.
Discussion: Since the portion of the line that is being relocated by VDOT will continue to cross City-owned property (beginning in McIntire Park and ending near Melbourne Road) RWSA will require a permanent easement from the City for the new location of the line. The area of the permanent easement is outlined in red on the plats with the proposed deed, a copy of which is attached. The granting of the permanent easement to RWSA has been advertised for a public hearing, and will require the adoption of the attached ordinance following two readings.
Alternatives: City Council may decline to adopt the ordinance for a permanent easement for the relocated sewer line.
Budget Impact: As with all project costs for McIntire Road Extended the City will be responsible for 5% of the costs of the relocation of the Schenk's Branch Interceptor. The City will be responsible for 100% of the costs associated with increasing the size of the line.
Recommendation: Staff recommends approval of the attached ordinance granting RWSA a permanent easement for the relocated Schenk's Branch Interceptor.
Proposed ordinance granting a permanent easement to RWSA
Proposed deed of easement with plats attached
Attachment: Proposed ordinance granting a permanent easement to RWSA as updated for the Sept. 08, 2009 council meeting
GRANTING A PERMANENT EASEMENT TO THE
RIVANNA WATER AND SEWER AUTHORITY FOR THE
RELOCATION AND ENLARGEMENT OF THE
SCHENK'S BRANCH SEWER INTERCEPTOR.
WHEREAS, the Rivanna Water and Sewer Authority ("RWSA") has requested the City of Charlottesville to grant a permanent easement across a portion of McIntire Park and on City-owned property between the Park and Melbourne Road, as shown on the highway plan sheets 4 and 5 of the Virginia Department of Transportation, for VDOT Project No. UOOO-104-102, RW-201, C501, dated October 30, 2008 and last revised August 11, 2009; and,
WHEREAS, the proposed easement will allow for the relocation and enlargement of a portion of the Schenk's Branch Interceptor, a sewer collection line owned by RWSA and serving City residents; and,
WHEREAS, in accordance with Virginia Code § 15.2-1800(B), a public hearing was held to give the public an opportunity to comment on the conveyance of this easement; and
WHEREAS, City staff have reviewed the request and have no objection to the conveyance of said easement to RWSA.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Mayor is hereby authorized to execute one or more Deeds of Easement and such other documents as may be requested by RWSA, in form approved by the City Attorney, to convey the above-described easement to the Rivanna Water and Sewer Authority.
Note: § 15.2-1800. Purchase, sale, use, etc., of real property.
B. Subject to any applicable requirements of Article VII, Section 9 of the Constitution, any locality may sell, at public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its real property, which includes the superjacent airspace (except airspace provided for in § 15.2-2030) which may be subdivided and conveyed separate from the subjacent land surface, provided that no such real property, whether improved or unimproved, shall be disposed of until the governing body has held a public hearing concerning such disposal. However, the holding of a public hearing shall not apply to (i) the leasing of real property to another public body, political subdivision or authority of the Commonwealth or (ii) conveyance of site development easements across public property, including, but not limited to, easements for ingress, egress, utilities, cable, telecommunications, storm water management, and other similar conveyances, that are consistent with the local capital improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to the vacation of public interests in real property under the provisions of Articles 6 (§ 15.2-2240 et seq.) and 7 (§ 15.2-2280 et seq.) of Chapter 22 of this title.
This document was prepared by:
Rivanna Water and Sewer Authority
695 Moores Creek Lane
Charlottesville, Virginia 22902
City of Charlottesville Tax Map and Parcel Numbers 450001000, 460001200, 460003000 Albemarle County Tax Map and Parcel Number 06100-00-00-193A0
This DEED OF EASEMENT, made this 3rd day of November, 2008, by and between the CITY OF CHARLOTTESVILLE, VIRGINIA, a municipal corporation, Grantor ("Property Owner"), and RIVANNA WATER AND SEWER AUTHORITY, a body politic and corporate created pursuant to the Virginia Water and Waste Authorities Act, whose address is 695 Moores Creek Lane, Charlottesville, Virginia 22902, Grantee (the "Authority").
WHEREAS, the Property Owner has agreed to grant the Authority the easement shown and described on the plans for State Highway Project U000-104-102, RW-201, Parcels 001 and 004, Sheets 4 and 5, attached hereto and recorded herewith (the "Plat"); and
WHEREAS, as shown on the Plat, the proposed easement crosses a portion of the property conveyed to Property Owner by deeds recorded in the Clerk's Office of the Circuit Court of the City of Charlottesville in Deed Book 162, page 296, and Deed Book 338, page 530, and by deeds recorded in the Clerk's Office of the Circuit Court of Albemarle County in Deed Book 192, pages 15 and 18, and Deed Book 526, page 238, and Property Owner is the fee simple owner of the said property as of the date hereof.
NOW, THEREFORE, for and in consideration of the sum of ONE DOLLAR ($l.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Property Owner does hereby GRANT and CONVEY with GENERAL WARRANTY of TITLE unto the Authority a perpetual right of way and easement to construct, install, operate, maintain, repair, replace, relocate and extend a sewer line consisting of pipes, equipment, and appurtenances to such pipes and equipment, over, under and across the real property of Property Owner located in the City of Charlottesville, Virginia, and the County of Albemarle, Virginia, and to access any other adjacent easement held by the Authority, the location and width of the easement hereby granted and the boundaries of the property being more particularly described and shown on the Plat as Sanitary Sewer Easement (the "Sewer Easement"). Reference is made to the Plat for the exact location and dimension of the Sewer Easement hereby granted and the property over which the same crosses.
Property Owner, its successors or assigns, agree that trees, shrubs, fences, buildings, overhangs or other improvements or obstructions shall not be located within the Sewer Easement. The Sewer Easement shall include the right of the Authority to cut any trees, brush and shrubbery, remove obstructions and take other similar action reasonably necessary to provide economical and safe sewer line installation, operation and maintenance. The Authority shall have no responsibility to Property Owner, its successors or assigns, to replace or reimburse the cost of trees, brush, shrubbery, or other obstructions located in the Sewer Easement if cut or removed or otherwise damaged.
Easement Access and Maintenance
As part of the Sewer Easement the Authority shall have the right to enter upon the above-described property within the Sewer Easement for the purpose of installing, constructing, operating, maintaining, repairing, replacing, relocating and extending the above-described sewer line and appurtenances thereto, within the Sewer Easement; and in addition, the Authority shall have the right of ingress and egress thereto as reasonably necessary to construct, install, operate, maintain, repair, replace, relocate and extend such sewer lines. If the Authority is unable to reasonably exercise the right of ingress and egress over the right-of-way, the Authority shall have the right of ingress and egress over the property of Property Owner adjacent to the right-of-way, and shall restore surface conditions of such property adjacent to the right-of-way as nearly as practical to the same condition as prior to the Authority's exercise of such right.
Whenever it is necessary to excavate earth within the Sewer Easement, the Authority agrees to backfill such excavation in a proper and workmanlike manner so as to restore surface conditions as nearly as practical to the same condition as prior to excavation, including restoration of such paved surfaces as may be damaged or disturbed as part of such excavation.
Ownership of Facilities
The facilities constructed within the Sewer Easement shall be the property of the Authority, its successors and assigns, which shall have the right to inspect, rebuild, remove, repair, improve and make such changes, alterations and connections to or extensions of its facilities within the boundaries of the Sewer Easement as are consistent with the purposes expressed herein.