BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM

BOARD OF SUPERVISORS BUSINESS MEETING ACTION ITEM Date of Meeting: April 21, 2016 # 4 SUBJECT: PROPOSED CONVEYANCE OF COUNTY PROPERTY- Land for Realignment and Paving of The Woods Road (Route 771) ELECTION DISTRICT: CRITICAL ACTION DATE: STAFF CONTACTS: Catoctin April 21, 2016, in order for VDOT to complete the project before the construction season ends. Lauri Sigler, County Attorney s Office Susan Glass, Transportation and Capital Infrastructure Joe Kroboth, Transportation and Capital Infrastructure PURPOSE: The purpose of this item is to approve the conveyance of an approximately 326,181 square foot (7.49 acres) portion of, and 304,352 square feet (6.99 acres) of permanent drainage easements and 202,819 square feet (4.66 acres) of temporary construction easements across certain County-owned property to the Virginia Department of Transportation (VDOT) for the realignment and paving of a section of The Woods Road (Route 771). RECOMMENDATIONS: Staff recommends that the Board of Supervisors ( Board ) approve the proposed conveyance of County property to VDOT, to be described in Deeds and on Rightof-Way Plan Sheets for the realignment and paving of a section of The Woods Road (Route 771). UPDATE: This Item came before the Board at the April 13, 2016 Public Hearing. There were no members of the public that came forward to speak about the Item. By a vote of 8-0-1 (Higgins absent) and at the prior request of Supervisor Higgins, the Item was forwarded to the Board s April 21, 2016 Business Meeting for action. BACKGROUND: The realignment of an approximately 1.2 mile long segment of The Woods Road from Evergreen Mills Road (Route 621) to 0.4 miles east of Gleedsville Road (Route 650), designated as VDOT Project No. 0771-053-P42, (the Road Project ) (see Attachment 1) is necessitated by the planned expansion of the Loudoun County Solid Waste Management Facility (the Landfill ). The realignment will also ensure continued compliance with State permitting requirements associated with Solid Waste Facility Permit Number 1 issued by the Department of Environmental Quality for the operation of the Landfill, the Groundwater Monitoring Well

Item #4, PROPOSED CONVEYANCE OF COUNTY PROPERTY- Land for Realignment and Paving of The Woods Road (Route 771) Board of Supervisors Business Meeting April 21, 2016 Page 2 Network and Commission Permit 1992-0006/Loudoun County Landfill approved on February 3, 1993 and SPEX 1992-0027/The Woods Road Solid Waste Management Facility approved on February 17, 1993. The Board included the Road Project in VDOT s FY 2013 FY 2018 Secondary Six Year Plan. On February 19, 2014 the Board endorsed (9-0) the design plans prepared by VDOT for the Road Project. The section of The Woods Road to be realigned and paved is located to the south and west of the Landfill, and to the north and east of Banshee Reeks Nature Preserve (the Preserve ) and the Goose Creek, in the Catoctin Election District. The Road Project requires the Board to convey right-of-way and grant permanent and temporary easements on County-owned land. The Countyowned property to be conveyed to VDOT comprises eight (8) adjacent parcels with the area and type of interest to be conveyed from each parcel more particularly described as follows: VDOT Parcel No. PIN# Tax Map Number Fee Simple Perm. Drainage Easement Temp. Construction Easement 003 278-45-8299 /76//25/////2/ 9,830 SF 4,291 SF 14,618 SF 004 278-26-1878 /76//14////A1/ 72,763 SF 69,864 SF 50,717 SF 005 278-26-7758 /76//12/////3/ 11,208 SF 1,166 SF 7,948 SF 006 278-26-7738 /76//12/////2/ 11,633 SF 1,207 SF 9,457 SF 007 278-26-8709 /76//12/////1/ 15,322 SF 1,631 SF 11,088 SF 008 279-38-3524 /76//10/////B/ 109,775 SF 51,986 SF 59,308 SF 009 278-49-1882 /76///1/////C/ 43,745 SF 58,462 SF 25,159 SF 010 279-49-2419 /76//19////19C 51,905 SF 115,745 SF 24,524 SF Totals 326,161 SF 304,352 SF 202,819 SF The Landfill property described above as VDOT Parcel No. 009, contains 410.9 acres, and is located on the north side of The Woods Road. The Preserve is comprised of a total of seven (7) adjacent parcels totaling approximately 699.07 acres, including 3 parcels described above as VDOT Parcel Nos. 004 and 008 located on the south side of The Woods Road and VDOT Parcel No. 003 located on the north side of The Woods Road (see Attachment 2 for a Vicinity Map). The property to be conveyed to VDOT will be achieved with ten (10) separate deeds with each deed referring to the appropriate VDOT Right-of-Way Plan Sheets (the Plan Sheets ) for each

Item #4, PROPOSED CONVEYANCE OF COUNTY PROPERTY- Land for Realignment and Paving of The Woods Road (Route 771) Board of Supervisors Business Meeting April 21, 2016 Page 3 parcel. Some parcels are shown on the same Plan Sheet and some parcels are depicted on more than one Plan Sheet. The Plan Sheets are color coded with the conveyance of right-of-way outlined in red, the permanent drainage easements areas outlined in green and the temporary construction easement areas outlined in orange (see collectively Attachment 3). On November 20, 2015, the Board, VDOT and Virginia Outdoors Foundation (VOF) entered into a Right-of-Entry Agreement that allowed VDOT to begin tree clearing activity for the Road Project and initiate the procurement process so that the VDOT contractor will be ready to begin construction early May 2016. HISTORY OF THE WOODS ROAD PROJECT. Six (6) of the seven (7) parcels comprising the Preserve are subject to an existing open-space conservation easement granted to the Virginia Outdoors Foundation (VOF) by deed dated May 23, 1984 and recorded in Deed Book 854, page 1016, among the Loudoun County land records ( Existing Easement ). VDOT Parcel No. 008, containing 180.66 acres, is not subject to the Existing Easement development restrictions however, except for a 300-foot setback requirement along The Woods Road and a 1000-foot setback requirement along Goose Creek. The property for the Road Project must be conveyed to VDOT free and clear of the Existing Easement. In order to vacate portions of the Existing Easement the County must go through the VOF Conversion/Diversion procedures as required by Virginia Code Section 10.1-1704. The Conversion process requires the County to offer replacement land for the land taken out of the easement area for the road. Initially the amount of land needed for right-of-way was estimated to not exceed 479,160 square feet or 11 acres. On September 3, 2014 the Board authorized (9-0) the use of the residue of VDOT Parcel No. 008 to serve as replacement land for the property needed for the Road Project. On November 6, 2014, the VOF Board of Trustees approved the County s Conversion/Diversion request and agreed to vacate up to 11 acres of open-space land from the restrictions in the Existing Easement and set-back restrictions and accepted the County s gift of the residue of VDOT Parcel 008 that will remain after the conveyance to VDOT, which will be approximately 177 acres, as replacement land. Since the County was required to go through the Conversion/Diversion process with VOF for the Road Project, staff from Parks Recreation Community Services (PRCS) suggested amending and improving the terms of the Existing Easement to better accommodate public access to the passive park uses as contemplated in the Banshee Reeks Nature Preserve Master Plan. Since the Existing Easement was designed to protect farm uses, the restrictions do not allow for many of the facilities needed for public access park/nature preserve uses. County staff has coordinated with VOF to draft a superseding open-space easement that will encumber the entire 699.07 acres of the Preserve, less the area to be conveyed to VDOT for the Road Project, and amend the conditions and restrictions regarding use ( New Easement ).

Item #4, PROPOSED CONVEYANCE OF COUNTY PROPERTY- Land for Realignment and Paving of The Woods Road (Route 771) Board of Supervisors Business Meeting April 21, 2016 Page 4 At the Board public hearing on July 8, 2015, the Board considered Item # 1, CONVEYANCE OF COUNTY PROPERTY- Amendment of Existing and Grant of New Permanent Open-Space Easement to Virginia Outdoors Foundation Banshee Reeks Nature Preserve seeking Board approval to amend the terms and conditions of the Existing Easement and grant a new easement over and across the residue of the parcel known herein as VDOT Parcel No. 008. There was one outstanding issue to resolve with VOF at the time of the public hearing. An area of the Preserve adjacent to the western property line of the Landfill and lying between the existing The Woods Road and the proposed The Woods Road was still to be subject to the VOF easement and be designated as buffer for the Landfill (see Attachment 4 for depiction of the Landfill Buffer area shown by green dots where the proposed area of the new The Woods Road is shown as solid blue and solid pink) (see also Attachment 4a and 4b for survey showing the location of the future relocated The Woods Road and Landfill Buffer areas). General Services was concerned that the VOF restrictions would be contrary to the needs of the Landfill to remain compliant with all its permits. County staff was directed to work with the VOF staff and Board to resolve any conflicts with the Landfill permits. County staff identified that the best solution to the Landfill buffer issue was to go back to the VOF Board of Trustees to seek a reconsideration of the November 6, 2014 Conversion/Diversion determination and request that the additional acreage needed for the Landfill Buffer be vacated from the Existing Easement. County staff, VDOT staff and VOF staff determined that an additional 304,920 square feet or 7 acres must be removed from the Existing Easement to accommodate the Landfill Buffer. On March 24, 2016 the VOF Board of Trustees heard the County s reconsideration and approved the removal of an additional 304,920 square feet or 7 acres from the Existing Easement making the total area to be removed from the Existing Easement up to 784,080 square feet or 18 acres. All prior issues regarding the VOF easement have now been resolved. The new amended and restated VOF open space easement and deed of vacation will be recorded in conjunction with the conveyances to VDOT. ISSUES: There are no known issues at this time. FISCAL IMPACT: No additional County funds beyond the local match requirements previously authorized by the Board are required for the Road Project. ALTERNATIVES: If the Board does not choose to approve the conveyance The Road Project will be delayed.

Item #4, PROPOSED CONVEYANCE OF COUNTY PROPERTY- Land for Realignment and Paving of The Woods Road (Route 771) Board of Supervisors Business Meeting April 21, 2016 Page 5 DRAFT MOTIONS: 1. I move that the Board of Supervisors approve, the proposed Conveyance of County Property Land for Realignment and Paving of The Woods Road (Route 771) as shown on the Rightof-Way Plan Sheets, included as Attachment 3 of the April 21, 2016, Board of Supervisors Business Meeting Action Item. OR 2. I move an alternate motion. ATTACHMENTS: 1. VDOT Aerial Overview of The Woods Road project 2. Vicinity Map 3. VDOT Right-of-Way Plans, Sheet numbers 3RW, 4RW, 5RW, 6RW, 7RW, and 9RW. 4. VOF Special Conditions Map for Banshee Reeks showing Landfill Buffer area. a. VDOT survey, sheet 1 of 2, showing the location of the future relocated The Woods Road and Landfill Buffer areas. b. VDOT survey, sheet 2 of 2, showing the location of the future relocated The Woods Road and Landfill Buffer areas.

Attachment 1

VICINITY MAP Showing parcels impacted by VDOT Project No. 0771-053-P42 - The Woods Road Parcel 009, PIN #278-49-1882 Parcel 003, PIN #278-45-8299 Parcel 005, PIN #278-26-7758 Parcel 006, PIN #278-26-7738 Parcel 007, PIN #278-26-8709 Parcel 004, PIN #278-26-1878 Parcel 010, PIN #279-49-2419 Parcel 008, PIN #279-38-3524 Attachment 2

77 36'30"W 77 36'0"W 77 35'30"W 77 35'0"W 39 2'30"N Legend landfill buffer BuildingsStructures_BansheeReeks RdsPkg_BansheeReeks ConsolidatedPlat1_releaseland ConsolidatedPlat2_releaseland 200 ft. perennial stream buffer* Banshee Reeks Nature Preserve Build Zones Goose Creek 1000 ft. buffer and RBA Seep No Build Zone** Preserve - RBA 39 2'30"N 39 1'0"N 39 1'30"N 39 1'30"N 39 2'0"N 39 2'0"N 77 36'30"W 77 36'0"W 77 35'30"W 77 35'0"W Projection: Lambert Conformal Conic GCS North America 1983 Datum: D North America 1983 Map created 06/16/2015 by ELR. Source data provided by VDOT, VOF. Aerial imagery acquired 2014. Aerial imagery USDA-NAIP. This map is for general reference and display purposes only. *Must be ground-truthed. ** Based on DCR layer. Special Conditions Map Loudoun County DRAFT 6/16/2015 BRNP Attachment 4 Feet 0 562.5 1125 1:13,500 ±