Attachment 1 R Page 1

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2 Attachment 1 R Page 1 BACKGROUND REPORT The Board identified the completion of road improvements on Truslow Road (SR-652), between Berea Church Road (SR-654) and Plantation Drive (SR-1706), as a critical part of the County s road improvement plan. These improvements were authorized by Resolution R13-176, as part of the Public-Private Transportation Act (PPTA) comprehensive agreement with Branch Highways Inc., to design and construct improvements to Truslow Road and Garrisonville Road. The County is currently in the process of acquiring the land and easements necessary for the construction of the Truslow Road Reconstruction Project (Project). The County was able to come to an agreement with several of the property owners to date. Negotiations have reached an impasse on two properties. The County must acquire the right-of-way, temporary and permanent easements on the two properties in order to proceed with the Project. Attachment 2 contains a map of Truslow Road showing these two properties. Listed below are the two properties that are currently being considered for condemnation and exercise of the County s quick-take powers. The properties were appraised by a certified professional using 2014 assessed values. Specific information on the properties and the status of negotiations is provided below. Tax Map Parcel 45-9 owned by Nancy Bourne Samuels Existing Property Size Post-Acquisition Property Size Fee Simple Right-of-Way Temporary Construction Easement Permanent Drainage Easement Acres (86,064 Square Feet) Acres (74,712 Square Feet) 11,352 Square Feet 7,166 Square Feet 1,254 Square Feet On January 7, 2015, an initial offer of $25,750 was presented to the property owner. The negotiator attempted several times to arrange a meeting with the property owner to discuss the offer package but the property owner kept rescheduling. On February 4, 2015, the negotiator was finally able to meet with the property owner to review the appraisal and Project plans. At the meeting, the property owner expressed her concerns about possible disturbances to her septic system, and the portion of her property that will be severed from the main parcel due to the new roadway. The property owner also felt the offer value was too low but did not provide a counter-offer at that time. The negotiator notified the property owner that the County was willing to purchase the remnant parcel, or she could elect to keep it. Over the next two weeks, the negotiator tried to obtain a counter-offer from the property owner but was unsuccessful. On February 24, 2015, the negotiator received a phone call from the property owner stating that she had chosen Mr. Larry McCormick to represent her in the negotiations for her property. Mr. McCormick is currently out of town and negotiations are at a standstill until his return (on or after mid-march). Delays in the right-of-way negotiations are already having an impact on the Project s schedule, further delaying the start of construction. Proposed Resolution R15-111, pertaining to this property, is included as Attachment 3. Tax Map Parcel 45J-1-7 owned by William H. and Linda I.A. Peck Existing Property Size Post-Acquisition Property Size Permanent VDOT Utility Easement Acres (130,767 Square Feet) Acres (130,767 Square Feet) 866 Square Feet

3 Attachment 1 R Page 2 On January 2, 2015 an initial offer of $200 was presented to the property owners. Over the next several weeks, the consultant/negotiator attempted to set a meeting with the property owners to discuss the offer package. On February 11, 2015, a meeting was held with the property owners to discuss the project and offer package. The property owners expressed their concern about the size of the VDOT utility easement and felt that the offer was too low given the amount of compensation for similar easements from neighboring properties. The property owners stated they would like a few more days to consider a counter-offer. The negotiator attempted to contact the property owners over the next several weeks to receive their counter-offer, but was unsuccessful. On March 4, 2015, the negotiator was able to get in contact with the property owners son and asked him to relay a message to the property owners to have them contact the negotiator as soon as possible to resolve negotiations on the property. Delays in the right-of-way negotiations are already having an impact on the Project s schedule, further delaying the start of construction. Proposed Resolution R15-112, pertaining to this property, is included as Attachment 4. Sufficient funds for the right-of-way and easement acquisitions are available in the Project s budget. Given the critical impact to the Project s schedule, staff recommends approval of proposed Resolution R15-101, which authorizes the County Administrator to advertise a public hearing to consider the condemnation and use of the County s quick-take powers to acquire the necessary above-referenced land and easements. Staff will continue negotiations with both property owners in an attempt to resolve this acquisition to everyone s satisfaction.

4 Attachment 2 Truslow Road PPTA Project- Proposed Condemnations V U 652 TRUSLOW RD J 1 7 Property Acquisition Parcel 45J-1-7 Parcel 45-9 Eng la Miles nd R un ²

5 Attachment 3 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of to, the following was adopted: A RESOLUTION AUTHORIZING THE CONDEMNATION AND EXERCISE OF QUICK-TAKE POWERS TO ACQUIRE A FEE SIMPLE RIGHT-OF-WAY, TEMPORARY CONSTRUCTION EASEMENT, AND PERMANENT DRAINAGE EASEMENT, FOR THE TRUSLOW ROAD RECONSTRUCTION PROJECT ON TAX MAP PARCEL 45-9 WHEREAS, the Board identified the completion of road improvements on Truslow Road (SR-652), between Berea Church Road (SR-654) and Plantation Drive (SR-1706) (Project), as a critical part of the County s road improvement plan; and WHEREAS, the Board approved the acquisition of the land and easements necessary for the completion of the Project, and staff is in the process of acquiring the necessary portions of land for right-of-way, and temporary and permanent easements; and WHEREAS, Tax Map Parcel 45-9 (Property) consists of approximately acres of land, owned by Nancy Bourne Samuels (Property Owner); and

6 R Page 2 WHEREAS, the Board must acquire a fee simple right-of-way, and temporary construction and permanent drainage easements because the design of the Project requires 11,253 square feet of fee simple right-of-way; 7,166 square feet of temporary construction easement; and 1,254 square feet of permanent drainage easement on the Property; and WHEREAS, fair market value for the required areas of the Property, together with damages, if any, to the remainder of the Property is Twenty-five Thousand Seven Hundred Fifty Dollars ($25,750), based upon 2014 assessed values and the appraisal conducted by the County s consultant; and WHEREAS, the Board, through its consulting negotiator, has made a bona fide, but ineffectual effort to purchase the affected areas of the Property by offering said fair market value on behalf of the County to the Property Owner; and WHEREAS, the terms of purchase cannot be agreed upon, and the County s consulting negotiator was unsuccessful in negotiating a final settlement with the Property Owner, but will continue to work with the Property Owner to attempt to reach an acceptable settlement; and WHEREAS, pursuant to Virginia Code (B) and (C), the Board conducted a public hearing to determine the necessity for condemnation and the use of the County s quick-take powers, and has carefully considered the recommendations of staff and the public testimony, if any, at the public hearing; and WHEREAS, the Board declares its intent to use its condemnation and quick-take powers to enter and take the above-referenced 11,352 square feet of fee simple right-ofway; 7,166 square feet of temporary construction easement; and 1,254 square feet of permanent drainage easement, on the Property; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2015 that the Board be and it hereby does find that public necessity exists for the Board s ownership of fee simple right-ofway, a temporary construction easement, and a permanent drainage easement on Tax Map Parcel 45-9 (Property) to complete the Truslow Road Reconstruction Project; and BE IT FURTHER RESOLVED that the Board determines, notwithstanding the Board s bona fide offer of Twenty-five Thousand Seven Hundred Fifty Dollars ($25,750) as just compensation for the fee simple right-of-way, temporary construction easement, and permanent drainage easement, including damages, if any, to the remainder of the Property, that the Board and Nancy Bourne Samuels (Property Owner) cannot agree on the terms of purchase and settlement; and

7 R Page 3 BE IT FURTHER RESOLVED that pursuant to Virginia Code (B) and (C), the Board declares its intent to condemn and exercise the County s quick-take powers to enter upon and immediately acquire 11,352 square feet of fee simple right-of-way; 7,166 square feet of temporary construction easement; and 1,254 square feet of permanent drainage easement on the Property for the construction and operation of the Truslow Road Reconstruction Project; and BE IT STILL FURTHER RESOLVED that the Board authorizes the County Attorney to file a Certificate of Take among the land records of Stafford County, and authorizes the County Administrator and the Chief Financial Officer, or their designees, to sign the Certificate and to deposit Twenty-five Thousand Seven Hundred Fifty Dollars ($25,750), with the Clerk of the Stafford County Circuit Court, for the Property Owner s benefit, before entering and taking possession of the fee simple right-of-way, temporary construction easement, and permanent drainage easement, in connection with the quick-take condemnation process on behalf of the Stafford County Board of Supervisors in accordance with the law. AJR:ckr:aeo:tbm

8 Attachment 4 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the day of, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of to, the following was adopted: A RESOLUTION AUTHORIZING THE CONDEMNATION AND EXERCISE OF QUICK-TAKE POWERS TO ACQUIRE A PERMANENT UTILITY EASEMENT TO BE CONVEYED TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION, FOR THE TRUSLOW ROAD RECONSTRUCTION PROJECT ON TAX MAP PARCEL 45J-1-7 WHEREAS, the Board identified the completion of road improvements on Truslow Road (SR-652), between Berea Church Road (SR-654) and Plantation Drive (SR-1706) (Project), as a critical part of the County s road improvement plan; and WHEREAS, the Board approved the acquisition of the land and easements necessary for the completion of the Project, and staff is in the process of acquiring the necessary portions of land for right-of-way, and temporary and permanent easements; and WHEREAS, Tax Map Parcel 45J-1-7 (Property) consists of approximately acres of land owned by William H. and Linda I.A. Peck (Property Owners); and

9 R Page 2 WHEREAS, the Board must acquire a permanent utility easement to be conveyed to the Virginia Department of Transportation (VDOT) because the design of the Project requires 866 square feet of permanent utility easement to be dedicated to VDOT, on the Property; and WHEREAS, fair market value for the required areas of the Property, together with damages, if any, to the remainder of the Property is Two Hundred Dollars ($200), based upon 2014 assessed values; and WHEREAS, the Board, through its consulting negotiator, has made a bona fide, but ineffectual effort to purchase the affected areas of the Property by offering said fair market value on behalf of the County to the Property Owners; and WHEREAS, the terms of purchase cannot be agreed upon, and the County s consulting negotiator was unsuccessful in negotiating a final settlement with the Property Owners, but will continue to work with the Property Owners to attempt to reach an acceptable settlement; and WHEREAS, pursuant to Virginia Code (B) and (C), the Board has conducted a public hearing to determine the necessity for condemnation and the use of the County s quick-take powers, and has carefully considered the recommendations of staff and the public testimony, if any, at the public hearing; and WHEREAS, the Board declares its intent to use its condemnation and quick-take powers to enter and take the above-referenced 866 square feet of permanent utility easement to be dedicated to VDOT, on the Property; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the day of, 2015 that the Board be and it hereby does find that public necessity exists for the Board s ownership of a permanent utility easement to be conveyed to the Virginia Department of Transportation (VDOT) on Tax Map Parcel 45J-1-7 (Property), to complete the Truslow Road Reconstruction Project; and BE IT FURTHER RESOLVED that the Board determines, notwithstanding the Board s bona fide offer of Two Hundred Dollars ($200) as just compensation for the permanent utility easement to be conveyed to VDOT, including damages, if any, to the remainder of the Property, that the Board and William H. and Linda I.A. Peck (Property Owners) cannot agree on compensation to be paid or on the terms of purchase and settlement; and

10 R Page 3 BE IT FURTHER RESOLVED that pursuant to Virginia Code (B) and (C), the Board declares its intent to exercise the County s condemnation and quick-take powers to enter upon and immediately acquire 866 square feet of permanent utility easement to be dedicated to VDOT on the Property for the construction and operation of the Truslow Road Reconstruction Project; and BE IT STILL FURTHER RESOLVED that the Board authorizes the County Attorney to file a Certificate of Take among the land records of Stafford County, and authorizes the County Administrator and the Chief Financial Officer, or their designees, to sign the Certificate and to deposit Two Hundred Dollars ($200), with the Clerk of the Stafford County Circuit Court, for the Property Owners benefit, before entering and taking possession of the permanent utility easement to be dedicated to VDOT, in connection with the quick-take condemnation process on behalf of the Stafford County Board of Supervisors in accordance with the law. AJR:ckr:aeo:tbm

11 R PROPOSED BOARD OF SUPERVISORS COUNTY OF STAFFORD STAFFORD, VIRGINIA RESOLUTION At a regular meeting of the Stafford County Board of Supervisors (the Board) held in the Board Chambers, George L. Gordon, Jr., Government Center, Stafford, Virginia, on the 17 th day of March, 2015: MEMBERS: VOTE: Gary F. Snellings, Chairman Laura A. Sellers, Vice Chairman Meg Bohmke Jack R. Cavalier Paul V. Milde, III Cord A. Sterling Robert Bob Thomas, Jr On motion of, seconded by, which carried by a vote of, the following was adopted: A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING TO CONSIDER THE CONDEMNATION AND EXERCISE OF QUICK-TAKE POWERS IN CONNECTION WITH THE TRUSLOW ROAD RECONSTRUCTION PROJECT, FOR RIGHT-OF-WAY ACQUISITIONS AND/OR TEMPORARY AND PERMANENT EASEMENTS ON TAX MAP PARCEL NUMBERS 45-9 AND 45J-1-7 WHEREAS, the Board identified the completion of road improvements on Truslow Road (SR-652), between Berea Church Road (SR-654) and Plantation Drive (SR-1706) (Project), as a critical part of the County s road improvement plan; and WHEREAS, the Board approved the acquisition of the land and easements necessary for the completion of the Project, and staff is in the process of acquiring the necessary portions of land for right-of-way, and temporary and permanent easements; and WHEREAS, the Board determined that there are currently two parcels containing land and easements that staff is unable to obtain through negotiations between the parcels owners and the County s consultant; and WHEREAS, Tax Map Parcel 45-9 consists of approximately acres of land owned by Nancy Bourne Samuels; and

12 R Page 2 WHEREAS, due to the design of the Project, the Board must acquire 11,352 square feet of fee simple right-of-way; 7,166 square feet of temporary construction easement; and 1,254 square feet of permanent drainage easement, on Tax Map Parcel 45-9; and WHEREAS, the fair market value for the required areas of Tax Map Parcel 45-9, together with damages, if any, to the remainder of the parcel is Twenty Five Thousand Seven Hundred Fifty Dollars ($25,750), based upon the 2014 appraisal conducted by the County s consultant; and WHEREAS, Tax Map Parcel 45J-1-7 consists of approximately acres of land owned by William H. and Linda I.A. Peck; and WHEREAS, due to the design of the Project, the Board must acquire 866 square feet of permanent utility easement to be conveyed to the Virginia Department of Transportation (VDOT) on Tax Map Parcel 45J-1-7; and WHEREAS, the fair market value for the required area of Tax Map Parcel 45J- 1-7, together with damages, if any, to the remainder of the parcel is Two Hundred Dollars ($200), based upon 2014 assessed values; and WHEREAS, the Board, through its consulting negotiator, made a bona fide, but ineffectual, efforts to purchase the above-referenced affected areas of the listed parcels by offering said fair market value on behalf of the County to the respective property owners; and WHEREAS, the terms of purchase cannot be agreed upon, and the County s consulting negotiator was unsuccessful in negotiating a final settlement with the respective parcel owners, but will continue to work with the parcel owners to attempt to reach an acceptable settlement; and WHEREAS, to consider acquiring the land and easements for the construction of the Truslow Road Reconstruction Project by condemnation and exercise of its quicktake powers, the Board desires and is required to hold a public hearing; NOW, THEREFORE, BE IT RESOLVED by the Stafford County Board of Supervisors on this the 17 th day of March, 2015, that pursuant to Virginia Code (B) and (C), the Board be and it hereby does authorize the County Administrator to advertise public hearings to consider the condemnation and use of its quick-take powers to acquire a fee simple right-of-way, temporary construction easement, permanent drainage easement, and permanent utility easement to be conveyed to VDOT on the properties of Nancy Bourne Samuels, Tax Map Parcel 45-9; and William H. and Linda I.A. Peck, Tax Map Parcel 45J-1-7; all in connection with the Truslow Road Reconstruction Project. AJR:ckr:aeo:tbm