AGENDA #4g
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Acceptance of a Proposed Easement for the Booker Creek Linear Park Project
DATE: June 23, 2003
The attached resolution would accept a 2.8-acre easement required for the Booker Creek Linear Park from the Federal Realty Investment Trust, owner of the Eastgate Shopping Center property. Please see the attached map.
BACKGROUND
On October 27, 1997 the Council adopted a resolution endorsing the concept of building a park and trail along the portion of Booker Creek between Franklin Street and Fordham Boulevard and directing the Manager to seek funding for the project.
On February 9, 1998 the Council authorized the Manager to develop a conceptual plan for the project. The Council also established a Booker Creek Linear Park Advisory Committee.
On July 6, 1998, the Council approved a Special Use Permit for the Staples property that included provisions for a paved greenway trail to be built from Franklin Street to the extreme southeast corner of the property, as well as a direct pedestrian connection to the Eastgate Shopping Center.
On August 23, 1999, the Council adopted the Booker Creek Linear Park Advisory Committee’s Report to the Town Council.
On February 12, 2001, the Council authorized the Manager to execute an agreement with NCDOT accepting a grant of $349,707 with $87,427 in local matching funds for the construction of the Booker Creek Linear Park.
On June 10, 2002, the Council authorized the Manager to make necessary changes to the Booker Creek Linear Park project to reflect changes to the site since the adoption of the plan and new flood study information.
In November 2002, the Council accepted easements for the project from Crowell Little owner of the Staples Property.
DISCUSSION
Description: The Booker Creek Linear Park will include restoration of a pond that, until recently, was located on the site. The pond was removed as part of a drainage improvement project performed by the owners of the Eastgate Shopping Center. The restored pond will be located on both the Staples and Eastgate Shopping Center properties. A permanent easement would allow the Town to restore and maintain the portion of the pond that will be located on the Eastgate Shopping Center property and allow natural surface trails to access the pond.
The project also includes an extension of the existing greenway trail that currently terminates on the Staples property. The easement would allow the trail to be continued for about 190 feet to the boundary of the adjacent property (Mark Properties/Plaza Shopping Center).
Project Status: We still need easements from the owner of the Plaza Shopping Center. Granting of the easements is a requirement of the recent approval of the Plaza Theaters. We expect to have these easements in hand by this summer.
We have abandoned the concept of a separate bridge over Booker Creek and are currently working on finding a solution for extending the pedestrian/bicycle path over Booker Creek on the shoulder of Elliott Road in a manner that would not violate FEMA flood plain regulations. We expect to have a final design solution this summer.
RECOMMENDATION
Manager’s Recommendation: That the Council adopt the following resolution accepting a permanent 2.8 acre easement from the Federal Realty Investment Trust, which is required for the Booker Creek Linear Park project.
ATTACHMENTS
A RESOLUTION ACCEPTING A PERMANENT EASEMENT FROM THE FEDERAL REALTY INVESTMENT TRUST FOR THE BOOKER CREEK LINEAR PARK PROJECT (2003-06-23/R-8)
WHEREAS, on August 23, 1999, the Council adopted the Booker Creek Linear Park Advisory Committee’s Report to the Town Council; and
WHEREAS, the Council accepted a grant for $349,707 from NCDOT with $87,427 in local matching funds for the construction of the Booker Creek Linear Park; and
WHEREAS, on June 10, 2002, the Council authorized the Manager to make necessary changes to the Booker Creek Linear Park project to reflect changes to the site since the adoption of the plan and new flood study information; and
WHEREAS, an easement from the Federal Realty Investment Trust is required in order to build the Booker Creek Linear Park;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts a permanent 2.8 acre greenway easement from the Federal Realty Investment Trust for construction of the Booker Creek Linear Park project.
This the 23rd day of June, 2003.