AGENDA # 4h

 

MEMORANDUM

 

TO:                  Mayor and Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Right-of-way Dedication for Super Street Project at the Intersection of US 15-501/Erwin Road

 

DATE:             June 14, 2004

 

 

The attached resolution would authorize the Town Manager to execute an agreement with the State to transfer a portion of Dobbins Drive right-of-way to the North Carolina Department of Transportation.  The right-of-way in question is shown on the attached sketch.

 

The Manager recommends adoption of the attached resolution.

 

BACKGROUND AND DISCUSSION

 

In 1988, at the Town’s request, Duke Power Company dedicated to the Town at no cost a portion of its land northeast of the intersection of Dobbins Drive and Erwin Road.  The land was part of an electric power substation property.  The Town requested the dedication so that the State could relocate the Dobbins Drive/Erwin Road intersection farther away from US 15-501 and to its present location.  Both Dobbins Drive and Erwin Road are State roads.  Please see attached sketch.

 

The State is presently in final design of the Super Street Improvement Project proposed for the intersection of US 15-501/Erwin Road/Europa Drive.  In researching the right-of-way acquisitions necessary for the Super Street Project, it was determined that the Town had never transferred the Dobbins Drive right-of-way to the State as had been originally agreed upon.

 

Therefore, the State has requested that the Town now transfer the Dobbins Drive right-of-way from the Town to the State.  We believe that it was simply an oversight that the Town did not transfer this right-of-way in 1988 when the State realigned Dobbins Drive.

 

MANAGER’S RECOMMENDATION

 

That the Council adopt the attached resolution authorizing the Town Manager to execute the necessary document(s) to transfer the Dobbins Drive right-of-way from the Town to the State.

 

ATTACHMENT

 

1.      Sketch map of right-of-way dedication (p. 3).

 

A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) TO TRANSFER THE DOBBINS DRIVE RIGHT-OF-WAY TO THE STATE (2004-06-14/R-9)

 

WHEREAS, the Town owns certain land at the intersection of Dobbins Drive and Erwin Road that was dedicated to it by Duke Power Company in 1988; and

 

WHEREAS, the Town received this land so that the North Carolina Department of Transportation could realign the Dobbins Drive/Erwin Road intersection farther away from US 15-501; and

 

WHEREAS, it was the intention of the Town and the Department that said land would be transferred to the State as right-of-way for the realigned Dobbins Drive; and

 

WHEREAS, it has been determined that such transfer from the Town to the State has not taken place to date;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council herewith authorizes the Town Manager to execute the necessary document(s) to transfer the Dobbins Drive right-of-way to the State as shown on the attached sketch.

 

This the 14^th day of June, 2004.