BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM

Transcription

1 BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM Date of Meeting: July 20, 2017 # 12b SUBJECT: ELECTION DISTRICTS: Proposed Resolutions Authorizing Use of Eminent Domain Property of: Gem Ram LLC; Savoir Fare Properties LLC; Jean E. Daly, Aubrey G. Payne, Jr., Glenda P. Simpson, Trudy L. Breton; Trustees of the Loudoun International Pentecostal Church of Christ; Christopher L. Bower and Deirdre T. Bower; Ivan E. Clark and Helen P. Clark; Timothy W. Clark and Melanie A. Clark; Paula B. Bayliss; Dennis Holdings, L.L.C.; Monika H. Tinker; J. Terence McCracken, Jr. and Sarah B. McCracken; Lois R. D Elia; Anita H. Eckles Round Hill Property LLC; Round Hill Owners Association; Nancy Loftus Devine; and James Lyons and Tamara Lyons (Round Hill to Franklin Park Trail Project) Blue Ridge CRITICAL ACTION DATE: July 20, 2017 STAFF CONTACTS: Joe Kroboth, III, Transportation and Capital Infrastructure Joe Kuhna, Transportation and Capital Infrastructure Steven F. Jackson, Office of the County Attorney PURPOSE: For the Board of Supervisors (Board) to consider and, potentially, to adopt resolutions authorizing the use of eminent domain to acquire certain property for public use. RECOMMENDATION: Staff recommends the Board adopt resolutions authorizing the use of eminent domain to acquire the necessary right-of-way and easements from certain parcels to allow for the construction of the sidewalk improvements of Round Hill to Franklin Park. BACKGROUND: On June 30, 2017, the Board received a letter from Scott Ramsey, Mayor of Round Hill, expressing the Round Hill Town Council s support for the use of eminent domain to acquire the remaining property necessary to complete the project (Attachment 1). At the Board Public Hearing on July 12, 2017, the Board forwarded (9-0) the proposed Resolutions Authorizing Use of Eminent Domain (Attachment 2) to the July 20, 2017, Board Business Meeting. The Mayor of Round Hill, Scott Ramsey spoke in favor of the item and reiterated the Town Council s support

2 Item 12b, Proposed Resolutions Authorizing Use of Eminent Domain Round Hill to Franklin Park Trail Project Board of Supervisors Business Meeting July 20, 2017 Page 2 for the project. There were no speakers from the public. The Board acknowledged the public safety aspects of the project. On February 5, 2001, Loudoun County entered into a Project Administration Agreement (Agreement) with the Virginia Department of Transportation (VDOT) to design, acquire right-ofway, and construct a bicycle and pedestrian trail between Purcellville and Round Hill (Attachment 3, vicinity map). Project funding included Federal Surface Transportation Plan Transportation Enhancement funds. The Transportation Enhancement Program (renamed Transportation Alternatives Program in July 2012) is part of the Federal-Aid Highway program and is intended to help local sponsors fund community-based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. The project was administered by the Department of General Services between 2001 and In 2006, the project was transferred to the Department of Parks, Recreation, and Community Services (PRCS) who administered the project from 2006 to In 2011, the Department of Construction and Waste Management, now the Department of Transportation and Capital Infrastructure (DTCI) took over project administration responsibilities. Since project initiation in 2001, numerous alignment options have been studied. Due to difficulties finding a viable, cost-effective trail alignment, the Agreement has been modified several times over the years to adjust the scope and funding. County funds have also been added to the project to deal with escalating construction costs. The scope of the project has been reduced to a trail between Round Hill and Franklin Park due to significant land acquisition challenges associated with the trail section between Franklin Park and downtown Purcellville. Simultaneous with the County trail project between Round Hill and Franklin Park, the Town of Round Hill (Town) has been administering a sidewalk and drainage improvement project along Main Street. The Town entered into an Agreement with VDOT in April 2009 to design, acquire right-of-way, and construct pedestrian improvements along Main Street from 34 Main Street (old train station) south to Loudoun Street as part of the Transportation Enhancement Program. As design elements of the two projects progressed, the Town approached the County to coordinate its storm drain system with the storm drain system being designed for the County along East Loudoun Street. Ultimately, Town and County staff coordinated the two designs so that storm water from the Town s Main Street project flows into the storm drain system planned for East Loudoun Street. Based on this arrangement, the Town s Main Street drainage improvements are contingent on the construction of the County s East Loudoun Street drainage improvements. The current County project scope improves East Loudoun Street from Main Street to Evening Star Drive/Newberry Crossing Place by constructing concrete sidewalks and curb and gutter on the north and south sides of East Loudoun Street and a storm drain system to improve drainage (Attachment 4). These proposed improvements are within the Town of Round Hill limits and will be tied to the Town s proposed Main Street sidewalk and drainage project. The project also includes the construction of an asphalt trail from the northeast corner of the Lake Point subdivision located in the County, across two private properties immediately east of Lake Point, across Lakefield Road into Franklin Park terminating at the Franklin Park pool house parking lot. These

3 Item 12b, Proposed Resolutions Authorizing Use of Eminent Domain Round Hill to Franklin Park Trail Project Board of Supervisors Business Meeting July 20, 2017 Page 3 two trail sections will be connected by an existing trail that starts on Newberry Crossing Place, crosses beneath By-Pass Route 7 through an existing tunnel, and extends around the Lake Point subdivision. An approximate 600 foot section of the proffered trail around the Lake Point subdivision has not yet been built by the developer. The County design plans were approved by the Loudoun County Department of Building and Development on January 29, 2016, after all VDOT review comments were addressed. Due to delays in obtaining the necessary right of ways and easements, The Town has asked the County to authorize the use of eminent domain to acquire the properties. The County prepared deeds, obtained appraisals and title reports, prepared offer packages and submitted bona fide offers to the 25 property owners. County staff has been successful in acquiring and recording deeds for right-of-way and easements from seven landowners. There are eight landowners for whom the County has received a signed deed and written agreement, but where the deeds have not been recorded because they were just received or because they require the signature of a lien holder or court approval in the case of a church. There are three landowners from whom the County has received a signed offer letter, but no agreement or deed has been received. The remaining six landowners appear opposed to the Project, and therefore eminent domain will be necessary to procure the necessary portions of these properties. Status of Individual Negotiations: The current status of the negotiations with the outstanding landowners is summarized in Attachment 5. Next Steps: Prior to instituting condemnation proceedings, the Board is required, after a public hearing, to adopt a resolution or ordinance stating the use to which the property will be put and the necessity thereof, approving the proposed public use, and directing the acquisition of property for the public use by condemnation or other means. Attachment 2 contains the proposed resolutions that satisfy those requirements. In particular, the proposed resolutions authorizes the public use and authorizes and directs the County Attorney to institute condemnation proceedings. ISSUES: The County has been working with 25 property owners to identify and obtain the necessary easements to permit the construction of new sidewalks within the Town and complete a connection to the existing trail in Franklin Park. The project also constructs and installs a storm sewer component to correct severe drainage and flooding conditions which currently exist. The county staff and their consultants have made numerous changes and corrections to the original design after meeting and discussing the issues with the property owners. Most of the property owners were concerned how the project would impact their landscaping and the utility pole relocations. To address concerns from property owners, staff adjusted and revised the utility pole locations resulting in no impact to property owners. Several business owners also voiced concerns about how the sidewalks would impede current parking arrangements and vehicle circulation. Staff made adjustments and corrections to parking

4 Item 12b, Proposed Resolutions Authorizing Use of Eminent Domain Round Hill to Franklin Park Trail Project Board of Supervisors Business Meeting July 20, 2017 Page 4 plans to comply with the Town s zoning concerns and made adjustments to the service station to allow for turning movements of trucks and vehicles entering the site for deliveries. Staff received VDOT approval to modify the commercial entrances to allow these design changes to function and permit safe vehicle and pedestrian travel. Nonetheless the project was met with resistance almost immediately. Staff has worked through most of the concerns after two years of negotiations and there are fourteen landowners who are in the process of reaching an agreement with the County and there are seven property owners remaining who refuse to allow the County to purchase easements. The Town has asked the County to assist them in acquiring the last remaining easements with the necessary legal action. The County has the authority to use the power of eminent domain within the Town of Round Hill. The precise terms regarding the County s assistance to the Town have not been finalized. Eminent Domain and Quick Take Procedures: Pursuant to the Code of Virginia, the County can acquire the property interests located within the Town of Round Hill along the public street necessary for a Project via quick take condemnation proceedings, by filing a certificate of take with the circuit court and depositing the appraised amount of the property with the court. Upon filing the certificate of take and depositing the funds, the County may take possession of the subject property and the Project may proceed, without the necessity of waiting for final resolution of the condemnation case. Once the certificate is filed with the court, title will transfer to the Board and the acquisition of needed land is accomplished. The quick take method of condemnation is not available to a locality for a pedestrian trail outside of the VDOT right of way. Therefore, this project will require use of the traditional slow take method for two parcels located, outside of the Town, within the County. These particular parcels are identified by an asterisk on Attachment 5. Under this method, there is no right to enter upon the property to begin construction until the just compensation trial has occurred unless the locality can prove an emergency exists to justify early entry and can satisfy other requirements. Attachment 5 lists the properties that will require eminent domain action in the event we are unable to reach a completed settlement. FISCAL IMPACT: The remaining project balance to be used for land acquisition, utility relocation, and construction consists of approximately $1,019,375 in Transportation Enhancement grant funding (Federal funds) and $729,456 in County funds ($1,748,831 total). The project s most current construction estimate is approximately $1,700,000. Construction administration, construction contingency, and construction inspection services are estimated to cost an additional $400,000. DTCI estimates land acquisition through eminent domain condemnation to cost approximately ($100,000). Transportation Enhancement grant money generally cannot be utilized to acquire land through condemnation. As a result, funding from the Capital Improvement Program Contingency Account with a balance of ($7,387,282.13) is proposed for use to cover the eminent domain cost of the project in the total estimated amount of ($100,000). ALTERNATIVES: The Board can decide to approve all or some of the proposed resolutions to use eminent domain to acquire the right-of-way and easements for the project. Alternatively, the

5 Item 12b, Proposed Resolutions Authorizing Use of Eminent Domain Round Hill to Franklin Park Trail Project Board of Supervisors Business Meeting July 20, 2017 Page 5 Board can decide not to use eminent domain at this time, which would enable staff to continue negotiations or decide not to construct the project. DRAFT MOTIONS: 1. I move that the Board of Supervisors adopt the Resolutions Authorizing the Acquisition of Real Property and easements for Construction of the Round Hill sidewalks, as set forth in Resolutions shown in Attachment 2. OR I further move that the Board of Supervisors direct staff to initiate a budget adjustment in the amount of $100,000 from the Capital Improvement Program Contingency Account to the Round Hill to Franklin Park Trail Project, by placing the request on the Administrative Items Report of a future Board Meeting. 2. I move an alternate motion. ATTACHMENTS: 1. Letter from Scott Ramsey, Mayor, Town of Round Hill 2. Resolutions 3. Vicinity Map 4. Town of Round Hill Project Map 5. List of Property Owners

6 Attachment 1

7 RESOLUTION OF THE BOARD OF SUPERVISORS OF LOUDOUN COUNTY, VIRGINIA AUTHORIZING THE ACQUISITION OF PROPERTY BELONGING TO GEM RAM LLC FOR PUBLIC USE BY CONDEMNATION FOR THE PUBLIC PURPOSE OF IMPROVEMENT TO AND CONSTRUCTION OF THE PEDESTRAIN PORTION OF THE PUBLIC STREET AND SIDEWALK AND PUBLIC MULTI-USE ASPHALT TRAIL BETWEEN RANKLIN P,ARK AND THE TOWN OF ROUND HILL ( WHEREAS, the County Road Construction Plans (CRCP ) ("Design Plans") for the Round Hill to Franklin Park sidewalk and multi-use asphalt trail project ("Project") were ( ' approved by VDOT on November 17, 2015 and by the Loudoun County Department of Building and Development on January 29, 2016; and WHEREAS, the Project is for a public use as it provides for the improvement and construction of the pedestrian portion.of the public street and sidewalk, curb, gutter, storm drain inlets and piping within the Town of Round Hill and public multi-use asphalt trails as an integral part of the aforesaid pedestrian portion of the public street and sidewalk within Loudoun County l ("County") between Franklin Park, a two hundred acre multi-activity regional public park owned by the County, and the Town of Round Hill (the "Public Use"); and WHEREAS, there are approximately 336 sq._ft. temporary construction easement needed for the P!oject on the Jand belonging to Gem ;Ram LLC al of which is located on the nort;h side of East Loudoun Street (Route 7 Business) and within a parcel located at 6 LoD:doun Street, Round Hill, Virginia, and which is more particularly described as Loudoun County Tax Map #/34/A/1/A/F///2/ and PIN: ; and WHEREAS, the specific po ion of the Gym Ram LLC property required for the Project is depicted on plat number RPB-1124-LC, dated June 15, 2017, entitled "PLAT SHOWING TEMPORARY CONSTRUCTION EASEMENT ON THE LANDS OF GEM RAM LLC"BLUE RIDGE ELECTION DISTRICT TOWN OF ROUND HILL LOUI?OUN COUNTY, VIRGINIA," prepared by Dewberry Consultants LLC of Leesburg, Virginia (the "Plat"); and WHEREAS, the specific portions of the Gem Ram LLC property required for the Project, as shown on the Plat, shall hereinafter be referred to as the Subject Property; and. ATTACHMENT 2 l

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59 ATTACHMENT 3

60 ROUND HILL TO FRANKLIN PARK TRAIL PROJECT MAP ATTACHMENT 4

61 ROUND HILL TO FRANKLIN PARK TRAIL PROJECT MAP

62 ROUND HILL TO FRANKLIN PARK TRAIL PROJECT MAP FRANKLIN PARK LOUDOUN COUNTY

63 LIST OF PROPERTY OWNERS FOR FRANKLIN PARK TO ROUND HILL SIDEWALK Property to be acquired from Gem Ram LLC: Approximately 336 sq. ft. temporary construction easement at 6 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/F///2/ (PIN: ). Status: Has requested compensation far exceeding value of the temporary construction easement. Property to be acquired from Savoir Fare Properties LLC: Approximately 202 sq. ft. permanent storm drain easement; 994 sq. ft. temporary construction easement at 8 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/F///3/ (PIN: ). Status: Signed offer letter, waiting on deed and agreement. Property to be acquired from Jean E. Daly: Approximately 7 sq. ft. permanent storm drain easement; 12 sq. ft. sign easement; 854 sq. ft. temporary construction easement at 10 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/F///4/ (PIN: ). Status: Signed Deed and agreement June 12, Will require lender release. Property to be acquired from Aubrey G. Payne, Jr., Glenda P. Simpson, Trudy L. Breton (heirs to the Estate of Ruby Elizabeth Beavers Payne): Approximately 536 sq. ft. permanent maintenance easement; 1,266 sq. ft. temporary construction easement at 14 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/F///5/ (PIN: ). Status: Opposed to project from inception. Property to be acquired from Trustees of the Loudoun International Pentecostal Church of Christ: Approximately1,834 sq. ft. right of way dedication; 68 sq. ft. sign easement; 1,277 sq. ft. temporary construction easement at 16 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/F///6/ (PIN: ). Status: Offer letter, agreement, and deed signed, but church trustees are required to obtain Court approval to convey the property Property to be acquired from Christopher L. Bower and Deirdre T. Bower: Approximately 173 sq. ft. permanent maintenance easement; 42 sq. ft. sign easement at 18 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/F///7/ (PIN: ). Status: No Agreement. Owner waiting on estimate for fence replacement costs. Attachment 5

64 Property to be acquired from Ivan E. Clark and Helen P. Clark: Approximately 548 sq. ft. temporary construction easement at 22 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A15/////2A (PIN: ). Status: Owner signed an offer letter agreement and deed, but the deed has not been recorded yet. Property to be acquired from Timothy W. Clark and Melanie A. Clark: Approximately 132 sq. ft. temporary construction easement at 24 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A15/////1/ (PIN: ). Status: Owner signed an offer letter, agreement and deed but the deed has not been recorded yet. Property to be acquired from Paula B. Bayliss: Approximately 2,789 sq. ft. right of way dedication; 147 sq. ft. County utility easement; 793 sq. ft. temporary construction easement at 1 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A17/////2/ (PIN: ). Status: Opposed to project from inception. Has asked for compensation in excess of value of easements. Property to be acquired from Dennis Holdings, L.L.C.: Approximately 1,194 sq. ft. right of way dedication; 304 sq. ft. temporary construction easement at 5 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/A///5/ (PIN: ). Status: Owner signed an offer letter, agreement and deed, but the deed has not been recorded yet. Property to be acquired from Monika H. Tinker: Approximately 31 sq. ft. permanent maintenance easement; 48 sq. ft. sign easement; 353 sq. ft. temporary construction easement at 7 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/A///4/ (PIN: ). Status: Signed offer letter, agreement and deed. Requires lender release. Property to be acquired from J. Terence McCracken, Jr. and Sarah B. McCracken: Approximately 84 sq. ft. permanent maintenance easement; 413 sq. ft. temporary construction easement at 17 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/A/1/A///2/ (PIN: ). Status: Signed offer letter, agreement and deed. Requires lender release 2

65 Property to be acquired from Lois R. D Elia: Approximately 50 sq. ft. permanent waterline easement; 543 sq. ft. temporary construction easement at 21 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34////////65B (PIN: ). Status: Signed offer letter, agreement and deed. Requires lender release. Property to be acquired from Anita H. Eckles Round Hill Property LLC: Approximately 1,116 sq. ft. permanent storm drain easement at 29 Loudoun Street, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34//38/////Y/ (PIN: ). Status: The landowner, through a co-manager Kathleen Eckles Mann, signed an offer letter, but no signed agreement or deed has been or received. Property to be acquired from Round Hill Owners Association: Approximately 125 sq. ft. temporary construction easement on Parcel A4, Section 1A, Phase III, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34//38////A4/ (PIN: ), located at the southwest corner of Falls Place and Loudoun Street. Status: HOA signed offer letter but no agreement or deed has been received. Property to be acquired from Round Hill Owners Association: Approximately 3,200 sq. ft. permanent storm drain easement on Parcel X, Section 1A, Phase III, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34//38///X-1/ (PIN: ), located at the southwest corner of Newberry Crossing Place and Loudoun Street. Status: HOA signed offer letter but no agreement or deed has been received. Property to be acquired from Round Hill Owners Association: Approximately 4,457 sq. ft. public access easement; 4,692 permanent storm drain easement; 11, 083 sq. ft. temporary construction easement on Parcel E, Phase II, Lake Point, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34/E/1//////E/ (PIN: ). Immediately south of Loudoun Street to the west of Franklin Park and to the east of Marbury Street and Tedler Circle. Status: HOA signed offer letter but no agreement or deed has been received. *Property to be acquired from Nancy Loftus Devine: Approximately 10,974 sq. ft. public access easement; 23,454 permanent storm drain easement; 7,921 sq. ft. temporary construction easement at Lakefield Road, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34///////69/ (PIN: ). Status: Owner resides out of state. Working with representative for owner. No offer or agreements signed to date. 3

66 *Property to be acquired from James Lyons and Tamara Lyons: Approximately 2,116 sq. ft. right of way dedication; 8,416 sq. ft. permanent storm drain easement; 14,080 sq. ft. temporary construction easement at Lakefield Road, Round Hill, Virginia, and the parcel is more particularly described as Tax Map #/34//11/////2/ (PIN: ). Status: Continue to work through issues in landscaping and construction details. No offer or agreement signed to date. * Parcels outside the Town of Round Hill, which require the use of the traditional condemnation method. 4