summary

COUNTY OF ALBEMARLE

EXECUTIVE SUMMARY

AGENDA TITLE:

Request to grant sanitary sewer line easement across Belvedere Boulevard

SUBJECT/PROPOSAL/REQUEST:

Public hearing to consider granting a perpetual easement to the Albemarle County Service Authority for the maintenance and operation of the sanitary sewer line across Belvedere Boulevard, 0.25 miles north of East Rio Road

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, and Kamptner

LEGAL REVIEW: Yes

AGENDA DATE:

January 7, 2008

ACTION: X INFORMATION:

CONSENT AGENDA:

ACTION: INFORMATION:

ATTACHMENTS: Yes

REVIEWED BY:

Covenant Church of God, located along East Rio Road, is presently served by public sewer. The sewer line to which the Church presently connects requires that the Church pump its effluent through a one-inch pipe across the bridge on East Rio Road over the railroad tracks. Because of the cost of pumping and the need for ongoing maintenance of the pumps, the Church reached an agreement with the adjoining Belvedere developer to extend a sewer line from the Belvedere Subdivision to serve the Church property. (See Attachment B) The proposed sewer line would have gravity flow.

Church representatives proceeded with the understanding that an easement across Belvedere Boulevard was not required. However, because Belvedere Boulevard had previously been dedicated to the County as a public right-of-way when the subdivision plat for Phase I of Belvedere was recorded, the County is the fee simple owner of the right-of-way and an easement should have been obtained. At this point, the sewer line has been constructed and the ACSA requires an easement to maintain and operate the sewer line.

Goal 3: Develop Policies and Infrastructure to Address the County’s Growing Needs.

Virginia Code § 15.2-1800 requires that the Board hold a public hearing prior to conveyance of any interest in County-owned real property. The proposed deed of easement is in a standard form prepared by the County Attorney’s Office. Staff has reviewed and approved the proposed Plat. The proposed perpetual easement would allow the ACSA to maintain and operate the sewer line. It is not anticipated that the sewer line will affect the acceptance of Belvedere Boulevard into the VDOT system for maintenance.

Staff recommends that, after receiving public comment, the Board approve the proposed easement and authorize the County Executive to sign the deed of easement on behalf of the County after the deed has been approved by the County Attorney with any necessary changes.