AGENDA #4g
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Dedication of Sewer Easements on Town Property to the Orange Water And Sewer Authority
DATE: January 8, 2001
Adoption of the attached resolution would authorize the Manager to dedicate utility easements on two parcels of Town property adjacent to Morgan Creek and execute a Deed of Easement with the Orange Water And Sewer Authority (OWASA) that would address the Town’s intent to construct and maintain a trail adjacent to, and in some areas contiguous and overlapping with OWASA’s sewer easements on the two parcels along Morgan Creek.
The Town owns two parcels of property south of NC 54, east of Kingswood Apartments, and north of the Southbridge subdivision. OWASA currently maintains a sanitary sewer line across both properties.
OWASA has recorded wastewater spills along Morgan Creek in the past few years. In order to correct this situation, OWASA plans to upgrade the existing Morgan Creek interceptor sewer system by installing approximately 4,000 feet of new 30-inch sewer line from Smith Level Road to a Town property north of Southbridge subdivision. The new line would be installed adjacent to the existing 18-inch sewer. The project would include abandoning the existing sewer, installing several watertight manholes and raising the other new manholes to be above the calculated 100-year flood. OWASA also plans a future phase that would extend the new line approximately 10,000 linear feet farther downstream, to the wastewater treatment plant.
OWASA is requesting that the Town grant it approximately 1,000 linear feet of sewer easement across two Town-owned properties.
Tract 1: The Town owns an open space tract that was deeded to it as part of the Southbridge subdivision approval. On this property, OWASA requests an additional 15-foot wide utility easement adjacent the existing 30-foot easement. The additional easement would be about 0.16 acres in size.
Tract 2: The second Town property is located on the north side Morgan Creek, south of NC 54, and east of the Kingswood Apartments. OWASA cannot locate recorded easement documents for the existing sewer line on this tract. For this reason they are seeking a formal dedication of the entire 45-foot easement that would total about 0.54 acres.
We agree with OWASA that the public is best served by upgrading sewer lines that are insufficiently sized. OWASA believes the new proposed sanitary sewer line would be able to handle increased flow, reduce infiltration, and eliminate the potential for wastewater overflows.
The attached resolution authorizes the Manager to execute a Deed of Easement contingent on the following conditions:
· OWASA shall hold the Town of Chapel Hill harmless and indemnify the Town of Chapel Hill from any claim arising out of the said easement.
· OWASA shall make no claim against the Town of Chapel Hill arising out of any claim by any third party arising out of any third party’s use of any greenway or other trail located in the easement granted OWASA.
· The Town of Chapel Hill shall have the right to build and maintain greenways or other paths, paved or unpaved, in the easement. Any such plans shall be coordinated with and developed in consultation with OWASA.
· OWASA shall repair or replace such greenways or paths to their prior condition if damaged or otherwise altered due to OWASA’s use of the easement and operation of the sewer line. In addition, OWASA shall repair or replace greenways or paths built in the existing 30-foot easement on tract 1 to their prior condition if damaged or otherwise altered due to OWASA’s use of the easement and operation of the sewer line.
· OWASA shall comply with all local, state, and federal requirements applicable to the use of this easement.
Manager’s Recommendation: That the Council adopt the following resolution authorizing the Manager to dedicate sewer easements to OWASA, such easements being located south of NC 54, north of Morgan Creek, east of Kingswood Apartments, and west of 15-501; and execute a Deed of Easement with OWASA that would acknowledge the Town’s right to build and maintain a trail adjacent to, and in some areas contiguous and overlapping with OWASA easements along Morgan Creek.
1. Overview map of project (p. 4).
2. Maps showing requested easements (p. 5).
A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF SEWER EASEMENTS LOCATED SOUTH OF NC 54, NORTH OF THE SOUTHBRIDGE SUBDIVISION, EAST OF KINGSWOOD APARTMENTS, AND WEST OF 15-501, ON LAND OWNED BY THE TOWN OF CHAPEL HILL (2001-01-08/R-6)
WHEREAS,
OWASA intends to upgrade the existing Morgan Creek interceptor sewer line; and
WHEREAS,
the Town of Chapel Hill owns property adjacent to Morgan Creek that would be
required for the OWASA project; and
WHEREAS,
construction of the new interceptor sewer line would require dedication of
easements across approximately .7-acre of Town owned property;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the
Town Manager is authorized to transfer to OWASA sewer easements located on Town
land, south of NC 54, north of Southbridge subdivision, east of Kingswood
Apartments, and west of 15-501, generally as shown in the attached drawings
after execution of a Deed of Easement contingent on the following conditions:
· OWASA shall hold the Town of Chapel Hill harmless and indemnify the Town of Chapel Hill from any claim arising out of the said easement.
· OWASA shall make no claim against the Town of Chapel Hill arising out of any claim by any third party arising out of any third party’s use of any greenway or other trail located in the easement granted OWASA.
· The Town of Chapel Hill shall have the right to build and maintain greenways or other paths, paved or unpaved, in the easement. Any such plans shall be coordinated with and developed in consultation with OWASA.
· OWASA shall repair or replace such greenways or paths to their prior condition if damaged or otherwise altered due to OWASA’s use of the easement and operation of the sewer line. In addition, OWASA shall repair or replace greenways or paths built in the existing 30-foot easement on tract 1 to their prior condition if damaged or otherwise altered due to OWASA’s use of the easement and operation of the sewer line.
· OWASA shall comply with all local, state, and federal requirements applicable to the use of this easement.
This the 8th day of January, 2001.