At the Pleasure of the Board

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1 BOARD OF SUPERVISORS PUBLIC HEARING STAFF REPORT Date of Hearing: November 9, 2016 #5 SUBJECT: ELECTION DISTRICT: CRITICAL ACTION DATE: STAFF CONTACTS: Grant of Permanent Utility Easement to NOVEC, Kirkpatrick Fire and Rescue Station (#27) Blue Ridge At the Pleasure of the Board Joe Kroboth, III, Transportation and Capital Infrastructure Leo Rogers, County Attorney John Powell, County Attorney PURPOSE: For the Board of Supervisors (Board) to consider conveying a permanent utility easement to Northern Virginia Electric Cooperative, dba NOVEC, in conjunction with the construction of the Kirkpatrick Fire and Rescue Station (#27). RECOMMENDATIONS: Staff recommends that the Board authorize the conveyance of the permanent utility easement to NOVEC. BACKGROUND: The County acquired PIN# by a Deed, dated December 15, 2015, pursuant to Proffer V.B.3., as clarified, of ZMAP for the purpose of a Fire and Rescue Station. A Vicinity Map has been provided as Attachment 1. PIN # was created by a Record Plat, SBRD , which was approved on February 20, 2014 and recorded by Instrument # The adopted FY16 Capital Improvement Program (CIP) approved funding for the construction of this Fire and Rescue Facility. On March 11, 2008, Kirkpatrick West LC granted NOVEC a perpetual easement which was recorded by Instrument # The existing NOVEC easement is 80 feet in width and lies on PIN along the Northstar Boulevard frontage and also within the Northstar Boulevard right-of-way (Attachment 2). A Dedication Plat, DEDI , which was approved on March 26, 2013 and recorded by Instrument Number , provided for right-of-way dedication of 52 feet for Gardenia Drive and 132 feet for Northstar Boulevard. A site plan, STPL , was submitted for the construction of the Fire and Rescue Facility and received conditional approval on June 29, Final approval is pending recordation of the

2 Item #5, Grant of Permanent Utility Easement to NOVEC, Kirkpatrick Fire & Rescue Station (#27) Board of Supervisors Public Hearing November 9, 2016 Page 2 associated deed and the easement plat. So far, only NOVEC has not signed the deed. Northstar Boulevard (segment from Tall Cedars Parkway south to the Prince William County line) is classified as a minor arterial by the 2010 CTP. In its ultimate condition, this segment of Northstar Boulevard adjacent to the fire station site is to be a six-lane (U6M) controlled access median divided urban arterial roadway within a 150-foot right-of-way. The existing right-of-way for Northstar Boulevard does not meet the CTP requirements; therefore generating right-of-way dedication associated with STPL NOVEC s policy states that prior to vacation of any existing easements, a replacement easement must but be recorded. At this time, NOVEC is requesting approximately 14, square feet of replacement easement area (Attachment 3). This area will account for the vacation of NOVEC s easement on PIN as well as vacation of the existing easement area located within the Northstar Boulevard right-of-way (Attachment 4). Currently, Northstar Boulevard is being processed for VDOT street acceptance. VDOT will not accept any road into their system for maintenance with underlying easements. By granting the replacement easement area, NOVEC will vacate the easement area required for right-of-way dedication, thus permitting final site plan approval. Additionally, it will allow VDOT to accept Northstar Boulevard into the State System. ISSUES: The Public Hearing is being held to comply with of the Code of Virginia of 1950, as amended, which requires a public hearing prior to granting interests in property owned by the County. The Kirkpatrick Fire and Rescue station is currently under construction under the conditionally approved site plan and grading permit. Final site plan approval cannot occur until the easement plat has been recorded; however, NOVEC s policy will not allow them to execute the deed for easement vacation until the replacement easement area is recorded. If the replacement easement area is not granted in a timely manner, construction of the Fire and Rescue Station may be subject to delay. A groundbreaking event for the fire and rescue station will be conducted on October 29 th and a 15 month construction duration is planned. Currently the facility is anticipated to be complete in the end of The reason this groundbreaking is scheduled now is for two reasons. First, the contract had incentives in it to compete construction early to accommodate Fire and Rescue s anticipated staffing requirements. Secondly, the County has been working with NOVEC to get it to produce the deed and plat requirements and this was the first opportunity to get this before the Board after NOVEC produced the deed and plat. FISCAL IMPACT: There is no fiscal impact in granting the easement. DRAFT MOTIONS: 1. I move that the Board of Supervisors forward Grant of Permanent Utility Easement to NOVEC, Kirkpatrick Fire and Rescue Station (#27), to the December 6, 2016 Board of Supervisors Business Meeting for action.

3 Item #5, Grant of Permanent Utility Easement to NOVEC, Kirkpatrick Fire & Rescue Station (#27) Board of Supervisors Public Hearing November 9, 2016 Page 3 OR 2a. I move that the Board of Supervisors suspend the rules. AND 2b. I move that the Board of Supervisors approve the Grant of Permanent Utility Easement to NOVEC, Kirkpatrick Fire and Rescue Station (#27), as shown on the Plat included as Attachment 3. OR I further move that the Chairman, the Vice Chairman, The County Administrator, or his duly authorized designee be authorized to execute an Easement and Right of Way Agreement. 3. I move an alternate motion. ATTACHMENTS: 1. Vicinity Map 2. Existing NOVEC Easement dated March 11, NOVEC Easement and Right of Way agreement for the replacement easement 4. Exhibit Ex. NOVEC Easement Vacation

4 VICINITY MAP PIN# ATTACHMENT 1

5 WR. {III d-h NORTHERN VIRGINIA ELECTRIC COOPERATIVE EASEMENT AND RIGHT-OF-WAY AGREEMENT TIDSEASEMENT AND RIGHT-OF-WAY AGREEMENT is made this// day of., 2008 between KIRKPATRICK WEST, L.C., hereinafter called "Owner" and NORTHERN VIRGINIA ELECTRIC COOPERATIVE, a Virginia corporation, hereinafter called "Cooperative." WITNESSETH: That for the sum of One Dollar ($1.00), and other valuable considerations, the receipt and sufficiency whereof is hereby acknowledged, Owner grants unto Cooperative, its successors and assigns, a perpetual easement and right of way to install, lay, construct, operate, repair, alter and maintain overhead pole lines and/or underground conduit and cable lines for transmitting and distributing electric power, and for telephone, television and other communication purposes, including all wires, poles, cables, switchgear, transformers, transformer enclosures;' meters, ground connections and supports for lights and streetlights, and accessory equipment desirable in connection therewith (''Facilities"), over, under and/or upon and across the lands of Owner situated in Loudoun County, Virginia, (the "Property,,) as shown on Plat Number , dated 1/24/08, being attached hereto and hereinafter known as the "Easement." A portion of the Easement shall be exclusive to Cooperative. The location and width of the Easement and the exclusive portion thereof, shall be as shown on said plat. The Facilities erected herew1der shall remain the property of Cooperative. Cooperative shall have the right to inspect, rebuild, remove, repair, improve and relocate within the Easement, and to make such changes, alterations, substitutions, additions in and to or extensions of its Facilities as Cooperative may from time to time in its sole discretion deem advisable, including but not limited to the right to increase or decrease the number of poles, wires, cables, switchgear, transfonners, transfonner enclosures and accessory equipment, and to increase or decrease the size of the poles, wires, cables and voltage carried by said wires and cables. TAX MAP# / GPIN# ,, , IIIII I II Ill II II IIIII I IIII I Loudoun County, VA Pss: 6 05/20/2008 2:34:10PM Gary M. Clemens, Clerk ESMT OVERHEAD-UNDERGROUND.DOC 12/01 Page I ofj!_ ATTACHMENT 2

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