Agenda #4g
memorandum
to: Roger L. Stancil, Town Manager
From: George Small, P.E., Director of Engineering
subject: Easement for Building Located on Public Right-of-way in Southern Village
date: October 9, 2006
The purpose of this report is to recommend approval of an easement for a building encroaching within the public right-of-way of Brookgreen Drive in the central commercial area of Southern Village.
On September 11, 2006, the Council received and referred to the Town Manager a petition requesting that the Town approve an easement permitting a building to encroach a few inches into the right- of-way of Brookgreen Drive in Southern Village. A copy of the petition, site plan and proposed easement are attached (Attachment 1).
Under the provisions of North Carolina General Statute Sec. 160A-273, the Town has the authority to grant easements in public street rights-of-way provided that such easement would not substantially impair or hinder the use of the street as a way of passage.
We have reviewed the conditions at this location and believe that the requested easement would not impair use of the street as a way of passage.
The Town’s standard encroachment agreement requires that a party seeking to construct a private improvement within a public right-of-way protect the Town from liability that might arise from the encroaching structure. We believe that such language should be included in the proposed easement that was presented by the petitioner. See Attachment 2.
We recommend that the Council adopt the attach resolution authorizing the execution of the requested easement regarding the encroachment of a building into the public right-of-way of Brookgreen Drive, subject to the proviso that indemnification language acceptable to the Town Attorney be included in the easement document.