AGENDA #4i

 

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Dedication of a Sewer Easement on Town Property to the Orange Water and Sewer Authority

 

DATE:             December 12, 2002

 

 

Adoption of the attached resolution would authorize the Manager to dedicate a utility easement on the Town’s Homestead Park property and execute a Deed of Easement with the Orange Water and Sewer Authority (OWASA).

 

BACKGROUND

 

The Town owns the 40-acre Homestead Park property south of Parkside subdivision, west of Airport Road, and north of Homestead Road. OWASA currently maintains a sanitary sewer interceptor line across the property.

 

On June 25, 2001, the Council approved a Special Use Permit application for the Vineyard Square development that included a provision for offsite sewer connections. The sewer that would serve the development would tie into the interceptor line located on Homestead Park.

 

DISCUSSION

 

The developer of Vineyard Square is requesting that the Town grant OWASA approximately 440 linear feet of utility easement across the Town-owned Homestead Park property. The portion of the park that would be affected is along the southern property line shared with the United Church of Chapel Hill. The buffer between the two properties is located on the church side of the line.

 

The utility easement would cross the park’s entrance drive, sidewalk, and dog park before terminating at the existing interceptor line within the park. We believe that the sewer line could be extended through the park with minimal disruption under the following conditions:

 

• That the contractor hired by Vineyard Square be required to bore under, rather than dig a trench in the entrance road and sidewalk to avoid impacts to those facilities.
• That Vineyard Square install two gates on the dog park fence, as may be required by OWASA and in a manner to be approved by the Town Manager, which would allow OWASA to access the sewer line.
• That a large rock that serves as a play feature in the dog park be moved to a location within the dog park that is acceptable to both OWASA and the Town Manager.
• That Vineyard Square install temporary fencing suitable to the Town Manager in order to allow continued operation of the dog park during the construction period.
• That Vineyard Square, prior to any work in the area of the dog park, install a sign explaining to the public the reasons for any partial closure of the dog park.
• That all landscaping on park property removed by the developer be replaced after consultation with the Town’s Urban Forester.

 

We believe that we should require that the above conditions to be included in the easement; we would also require the developer to post a bond sufficient to cover the cost of the Town’s returning the dog park to useful status if the developer should begin the sewer extension and not complete it In addition, we believe that the final plat of Vineyard Square should reference the conditions of the recorded easement. 

 

RECOMMENDATION

 

Manager’s Recommendation: That the Council adopt the following resolution authorizing the Manager to dedicate, with conditions, a sewer easement located along the southern boundary of the Town’s Homestead Park to OWASA.

 

ATTACHMENTS

 

1.      Map showing the requested easement (p. 4).

2.      Vicinity map showing Vineyard Square and the proposed offsite sewer line (p. 5).

 

 

A RESOLUTION AUTHORIZING DEDICATION TO OWASA OF A SEWER EASEMENT LOCATED ALONG THE SOUTHERN BOUNDARY OF HOMESTEAD PARK, ON LAND OWNED BY THE TOWN OF CHAPEL HILL (2002-12-12/R-9.1)

 

WHEREAS, the Council has granted a Special Use Permit to the developer of Vineyard Square that includes the provision of offsite sewer line connections; and

 

WHEREAS, the Town of Chapel Hill owns one of the offsite properties through which sewer may be extended,; and

 

WHEREAS, construction of the new sewer line would allow the owners of Vineyard Square to build their project as approved by the Council;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to transfer to OWASA a sewer easement located along the southern boundary of the Town’s Homestead Park, generally as shown in the attached drawing after execution of a Deed of Easement.

 

BE IT FURTHER RESOLVED by the Council:

 

·        That any easement granted to OWASA contain the following requirements as a condition for allowing the sewer easement to encumber Town property:  That the contractor hired by Vineyard Square be required to bore under, rather than dig a trench in the entrance road and sidewalk to avoid impacts to those facilities.

• That Vineyard Square install two gates on the dog park fence, as may be required by OWASA and in a manner to be approved by the Town Manager, which would allow OWASA to access the sewer line.
• That a large rock that serves as a play feature in the dog park be moved to a location within the dog park that is acceptable to both OWASA and the Town Manager.
• That Vineyard Square install temporary fencing suitable to the Town Manager in order to allow continued operation of the dog park during the construction period.
• That Vineyard Square, prior to any work in the area of the dog park, install a sign explaining to the public the reasons for any partial closure of the dog park.
• That all landscaping on park property removed by the developer be replaced after consultation with the Town’s Urban Forester.

 

BE IT FURTHER RESOLVED that the Manager is authorized to execute an agreement with the developer of Vineyard Square that would assess financial penalties for failure to comply with the conditions stated herein and that would include such other additional terms deemed to be in the Town’s interest in protecting the Town’s park property.

 

This the 12^th day of December 2002.