AGENDA DATE: 5/4/2022
TITLE:
Title
Construction Easement for Southwood Community Development Block Grant Project
BODY
SUBJECT/PROPOSAL/REQUEST: Approve and accept a Temporary Construction Deed of Easement from Southwood Charlottesville, LLC, granting Albemarle County a temporary construction easement on portions of Parcel ID Number 90A1-1E for the construction of five single-family dwelling units.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Walker, Hudson, Herrick, Dimock, Pethia
PRESENTER (S): Stacy Pethia, Housing Policy Manager
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: In June 2019, Albemarle County was awarded a Community Development Block Grant (CDBG) in the amount of $1 million. The grant funds are to be used for the construction of five single family dwelling units in Village 1, and the construction of a pocket park honoring the Monacan Indian Nation in Village 2 of the Southwood Redevelopment project Phase 1.
To be able to utilize CDBG funds for housing construction, the Virginia Department of Housing and Community Development (DHCD) requires localities to have control of the subject property during the time of CDBG funded activities (see paragraph 4 on page 46 of Attachment A). DHCD defines site control as either ownership or lease of the property, although alternative methods of legal control may be considered. DHCD has approved use of a Temporary Construction Deed of Easement to demonstrate legal control of the property.
STRATEGIC PLAN: Quality Government Operations - Ensure County government’s capacity to provide high quality service that achieves community priorities
DISCUSSION: To satisfy CDBG requirements, the owner of the Property has agreed to grant to Albemarle County a Temporary Construction Easement (Attachment B) on Southwood Block 3, Lots 4 and 5; and Block 5, Lots 10, 11 and 12. Approval and acceptance of the Deed would convey a temporary construction easement to the County required for the Southwood Village 1 CDBG project. Unlike most deeds conveying temporary construction easements, this deed specifically states that the property owner (Southwood Charlottesville, LLC), rather than the easement recipient (the County), will perform all construction work. It further provides that the County has the right, but no responsibility or obligation whatsoever, to perform any construction work on the Property. Again, the sole purpose of the easement is to demonstrate County control of the subject property during the time of CDBG funded activities
A second temporary construction easement across Parcel ID Number 90A1-1E to allow the County to complete the construction of a pocket park in Village 2 of the Southwood Redevelopment project Phase 1 will be presented to the Board for approval at a later date.
BUDGET IMPACT: Approval and acceptance of the Deed of Temporary Construction Easement would allow the County to utilize $880,000 of CDBG funding awarded for the project.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment C) authorizing the County Executive to accept a temporary construction easement on portions of Parcel ID Number 90A1-1E.
ATTACHMENTS:
A - CDBG 2022 Program Design manual
B - Temporary Construction Deed of Easement
C - Resolution