COUNTY OF ALBEMARLE
Authorize the County Executive to Accept Deeds Dedicating of Right of Way and Easements Necessary to Improve Right of Way
Resolution authorizing the County Executive to accept deeds conveying to the County right of way and easements necessary to improve right of way
Tucker, Foley, Davis, McCulley
LEGAL REVIEW: Yes
September 13, 2006
ACTION: X INFORMATION:
Typically right of way is dedicated to the County in the approval process for subdivision plats and site plans. However, where right of way has only been reserved and is desired to be dedicated outside of a plat or plan approval, the right of way must be dedicated by a Deed of Dedication that must be accepted by the County. In addition, some transportation projects and road improvement projects require acquisition of right of way by the County as well as easements necessary for constructing the improvements in the right of way. That right of way and easements may also be required to be transferred to the County by deed. Currently, the Board of Supervisors authorizes the County Executive to accept such right of way and easements on a case by case basis.
4.2 Fund County services in a fair, efficient manner and improve needed public facilities and infrastructure.
The efficiency of County government would be improved by generally delegating the authority to the County Executive to accept deeds for right of way and any related easements necessary for improving such right of way. A proposed Resolution authorizing the County Executive to accept such deeds and easements is attached as Attachment A.
This authorization will streamline the process and minimize staff resource requirements that would otherwise be required for staff to schedule the authorization for a Board meeting, prepare an executive summary, and then have the Board of Supervisors act on the authorization. For those conveyances that are associated with a development application that is contingent upon such a conveyance by a third party, this authorization would save the applicants 3 to 6 weeks of possible delay.
Staff recommends that the Board adopt the attached Resolution (Attachment A) to authorize the County Executive to accept deeds on behalf of the County conveying right of way and any easements necessary for improving right of way, provided that the deeds are approved as to form and content by the County Attorney.
A - Resolution
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