AGENDA# 4c

MEMORANDUM

TO:                  Mayor and Town Council

FROM:            W. Calvin Horton, Town Manager

SUBJECT:       Right-of-Way and Easements on Town-Owned Land for U.S. 15-501 (South) Improvement Project

DATE:             October 23, 2000

The attached resolution would authorize the Manager to execute documents on behalf of the Town which would transfer portions of certain Town-owned properties adjacent to U.S. 15-501 south of Chapel Hill to the North Carolina Department of Transportation (NCDOT), to Duke Power Company and related joint-use utilities as appropriate, and to Carolina Power and Light (CP&L) for rights-of-way and easements necessary to construct roadway and associated improvements.

The attached maps show the properties in question

BACKGROUND

In April 1998 the Council adopted a resolution authorizing the Town Manager to execute a municipal agreement with the NCDOT regarding the project elements, cost sharing arrangements and responsibilities of the Town and State concerning the U.S. 15-501 Improvement Project south of Chapel Hill.

Construction is nearly complete on the first phase of the project involving widening of the bridge over Morgan Creek and improvements at U.S. 15-501/Culbreth Road/Mt. Carmel Church Road intersection.

DISCUSSION

The State is now ready to begin construction of the next phase of the U.S. 15-501 Improvement Project between Culbreth Road and the Chatham County line, and certain additional right-of-way and easement areas on Town properties are necessary for construction to proceed.

We believe that the rights-of-way and easements requested by the NCDOT, Duke Power, and CP&L are necessary for construction of the U.S. 15-501 Improvement Project, which includes those elements agreed upon by the Town and the State.


SOUTHERN FIRE STATION SITE

The designers of the new fire station have been in contact with the State regarding the rights-of-way and easements necessary for the U.S. 15-501 Improvement Project.  Once the fire station design was completed, the NCDOT modified its plans for U.S. 15-501 and Bennett Road designs to accommodate the fire station driveway access and drainage.

To implement these changes, the NCDOT, needs additional right-of-way and easement areas as shown on the attached sketch.  The final fire station design plans have accounted for these areas.

PARK-RIDE LOT SITE

The park-ride lot at Southern Village was designed and set back from U.S. 15-501 to account for the roadway widening project, while leaving a vegetative buffer between the roadway and the parking lot.

Duke Power Company is relocating its overhead facilities to the edge of the new road right-of-way, including telephone and traffic signal communication wires which also use the power poles.

Relocation of the power poles and associated wiring will require a 15-foot wide utility easement adjacent to the State right-of-way on the Town’s park-ride lot property.  Some of the buffer vegetation needed to be cleared for the power line relocations.  The Town Forester inspected the site with Duke Power representatives, and Duke Power has agreed to pay the Town $3,000 for trees and plants which will be used to supplement the remaining buffer area.

FUTURE SOUTHERN PARK SITE

There are presently no detailed plans for the southern park site.  Duke Power Company must relocate overhead facilities across the future park frontage and requires a 15 foot wide easement for setting the poles and attachments.  Carolina Power and Light must relocate one pole with a guy wire, and needs a small easement area for these facilities.

Both of these utility easements fall for the most part within existing NCDOT construction easements already granted by the Council on Town properties.  We do not think these easements would significantly impact future park development.

CONCLUSION

Design work is nearly complete, and the rights-of-way and easement needs have been identified.  The project requires rights-of-way and easement areas on portions of Town-owned parcels of land.  Existing Town policy is to donate rights-of-way and easements on Town property for  road improvement projects that the Town has requested.  The U.S. 15-501 Improvement Project was agreed to by the Town Council, and we suggest that the Town convey the necessary rights-of-way and easements at no charge.

MANAGER’S RECOMMENDATION

That the Council adopt the attached resolution authorizing the Manager to execute documents on behalf of the Town to transfer portions of certain Town-owned properties adjacent to U.S.15-501 south to the North Carolina Department of Transportation, to Duke Power Company and related joint-use utilities as may be appropriate, and to Carolina Power and Light for rights-of-way and easements necessary to construct roadway and associated improvements in accordance with the project Municipal Agreement.

ATTACHMENTS

1.                  Vicinity Map (p. 5).

2.                  Parcel Map (p. 6).

3.                  Parcel Map (p. 7).


A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE DOCUMENTS FOR TRANSFER OF PORTIONS OF TOWN-OWNED PROPERTIES ADJACENT TO THE ROUTE U.S. 15-501 TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, TO DUKE POWER COMPANY AND RELATED JOINT-USE UTILITIES AS APPROPRIATE, AND TO CAROLINA POWER AND LIGHT FOR RIGHTS-OF-WAY AND EASEMENTS NECESSARY TO CONSTRUCT ROADWAY AND ASSOCIATED IMPROVEMENTS (2000-10-23/R-3)

WHEREAS, the Town of Chapel Hill and the North Carolina Department of Transportation have agreed upon and funded a roadway improvement project for route U.S. 15-501 south of Town; and

WHEREAS, certain rights-of-way and easements must be acquired by the North Carolina Department of Transportation, by Duke Power company and associated joint-use utilities, and by Carolina Power and Light to accommodate the roadway and associated improvements; and

WHEREAS, the Town owns certain parcels of land adjacent to the improvement corridor upon which said rights-of-way and easements are necessary; and

WHEREAS, the Town does not expect to receive compensation for said rights-of-way and easements since the U.S. 15-501 Improvement Project was requested by the Town.

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Manager is herewith authorized to execute documents for transfer of portions of Town owned properties adjacent to U.S. 15-501 to the North Carolina Department of Transportation, to Duke Power Company and related joint-use utilities as appropriate, and to Carolina Power and Light for rights-of-way and easements necessary to construct roadway and associated improvements.

BE IT FURTHER RESOLVED that the Council reserves the right of the Town or its agents to enter upon said rights-of-way and easements as may be necessary for construction and/or maintenance of Town facilities.

This is the 23rd day of October, 2000.