Wednesday, September 2, 2009

Public Hearing on permanent easement to RWSA item #2 on City Council Sept. 8, 2009 agenda

The following public notice appeared in the Sunday, Aug. 30, 2009 issue of the Daily Progress announcing a public hearing to be held at the Sept. 8, 2009 City Council meeting. The item is listed on council agenda as item #2 so it will occur immediately following consideration of the consent agenda. The council meeting begins at 7:00 pm, and the public hearing will occur soon after that (depending on number of matters from the public, announcements, etc.). You can sign up for the hearing starting at about 6:30 pm at city council chambers.

This most recent notice is worded somewhat different from the original notice posted three weeks earlier.

The staff report that is provided to the city council has had some information on the substantial costs to the city associated with the project made possible in part through this easement is identified. The city will pay two-percent of the total cost of relocating the sewer line plus over $800,000. to pay for the additional cost of upgrading the size of the sewer line. No estimate of the relocation cost is provided, but two-percent could be another substantial sum of money to be paid by the city.


On Tuesday, September 8, 2009 at 7:00 p.m. the Charlottesville City Council will hold a public hearing in the Council Chambers of City Hall, 605 East Main Street, Charlottesville, VA regarding the conveyance by the City of a permanent utility easement to the Rivanna Water and Sewer Authority (RWSA) for sanitary sewer line facilities. The easement is shown on plan sheets 4 and 5 of Virginia Department of Transportation Project No. U000-104-102, RW-201, C501, dated 10-30-08, and revised 8-11-09. The proposed easement is located on property identified on City Real Property Tax Map 45 as Parcel 1 (McIntire Park), on City Tax Map 46 as Parcel 1.2 and on Albemarle County Tax Map 61 as Parcel 193A. Any person may appear at the public hearing to express their views on the proposed conveyance. A copy of the full text of the Ordinance authorizing the conveyance and the above-referenced VDOT plan sheets indicating the boundaries of the easements are available for inspection in the Charlottesville City Attorney's Office.

Staff Report included in Council Agenda Packet:


Agenda Date: September 8, 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 640 linear feet of the Schenk's Branch line. An additional 1,075 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: Since the McIntire Road Extended project, including the utility relocation, has not yet been bid for construction all costs are estimates at this time. The estimated costs to the City will be substantial, primarily due to the fact that the new 30-inch line will need to be placed deeper in the ground than the existing line. The “betterment” costs for increasing the size of the line are estimated to be $815,730, which will ultimately be charged to the City since the line only serves City customers. The majority of these costs ($455,000) are attributable to rock excavation that will be necessary to place the new larger line deeper in the ground. The installation of the new Schenk’s Branch Interceptor will also entail improvements to an existing City sanitary sewer main that ties into the Interceptor near Melbourne Road, at an estimated cost to the City of $48,600. As with all project costs related to right-of-way acquisition and construction for McIntire Road Extended the City will also be responsible for 2% of the costs of the relocation of the Schenk’s Branch Interceptor.

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


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.

Proposed Deed of Easement:

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.

Easement Obstructions

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.

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