Public hearing to consider granting temporary and perpetual sanitary sewer line easements across Tax Map 91 Parcel 8B (Route 20 South)



Public hearing to consider granting a temporary ease-ment to Albemarle Carter Mountains Trust to construct and install a sanitary sewer line, and a perpetual easement to the Albemarle County Service Authority to maintain and operate the sanitary sewer line across Tax Map 91 Parcel 8B (Route 20  South)



Tucker, Foley, Davis, Kamptner





October 6, 2004


ACTION:       X                          INFORMATION:   



  ACTION:                                 INFORMATION:   









On May 12, 2004, the Board approved SP-03-91, allowing Kappa Sigma fraternity to locate its national headquarters on Tax Map 91 Parcel 16 along Route 20 South.  Condition 7 of SP-03-91 provides in part: “The Applicant shall construct [a]. . . public sewer service via extension of the existing Albemarle County Service Authority sewer line located along Route 20 and the Cow Branch Creek . . .”  Tax Map 91 Parcel 8B is an 8.339 acre parcel owned by the County along Route 20 South.  The County parcel is currently developed with a single family dwelling.


Moving from north to south along Route 20 towards the Kappa Sigma parcel, the County parcel lies in the path of the proposed sanitary sewer line extension.  Both the County parcel and the Kappa Sigma parcel are within the Development Area.  The County and Kappa Sigma parcels are identified on Attachment C.


STRATEGIC PLAN:  Plan for and provide infrastructure necessary to support desired level of service.



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 trustee for the Albemarle Carter Mountains Trust, the owner of the Kappa Sigma parcel, has requested that the County grant it a 20-foot wide temporary easement to allow for the construction and installation of the sewer line, and grant a perpetual easement over the same lands to the Albemarle County Service Authority to allow the Authority to maintain and operate the sewer line.  The location of the proposed easements is shown on Attachments B and C, and the proposed deed of easement is Attachment A.  The sewer line will be constructed and installed at the Trust’s sole expense.  The proposed easements would allow the existing sewer line to be extended to the Kappa Sigma property as required by Condition 7 of SP-03-91.  The extended sewer line would serve not only the Kappa Sigma parcel, but also other future development in the area. Staff has determined that this easement would not adversely impact the County’s use of its parcel.  Jack Kelsey, County Engineer, recommends that the final deed include two additional provisions: (1) to better protect the quality of Cows Branch, require that the vegetated areas along the stream be protected or impacts to it be mitigated during construction; and (2) to require that ductile iron pipe instead of PVC pipe, be installed, to allow a road to be constructed over the sewer line without having to replace the PVC pipe with ductile iron pipe. 



Staff recommends that the Board approve the proposed easement with the additional changes recommended by the County Engineer 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 the necessary changes.



A – Draft Deed of Easement       

B – GIS Map

C – Aerial Map showing location of proposed easement

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