AGENDA DATE: 10/4/2023
TITLE:
Title
VDOT Compensation Agreement for Berkmar Drive Taking
BODY
SUBJECT/PROPOSAL/REQUEST: Proposed compensation agreement with VDOT for its taking of a County-owned greenway along the South Fork Rivanna River at the Berkmar Drive extension
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Rosenberg, Herrick
PRESENTER (S): Andy Herrick
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: As part of Proffer 8 of ZMA-89-23, River Heights Associates (“River Heights”) agreed to provide an easement sufficient for a pathway along its Rivanna River frontage on Parcel 04500-00-00-068D0, just east of where the Berkmar Drive extension now crosses the South Fork Rivanna River. By deed recorded March 1, 2016 (Attachment A), the County acquired that greenway easement.
At the same time as that acquisition, the Virginia Department of Transportation (VDOT) was in the process of acquiring land for the Berkmar Drive extension. Anticipating that a portion of the County’s greenway would be taken for the new road, staff asked the County Assessor to estimate the easement’s fair market value. That estimate was incorporated into Section 5(L) of the greenway deed, which provides that the County would be entitled to 2.35% of any award, damages, or consideration attributed to River Heights’ underlying property.
On March 28, 2016, VDOT filed a Certificate of Take (Attachment B), paying $50,085 into the Court to acquire a portion of River Heights’ property. The County’s 2.35% share of that amount would be $1,177 (rounded to the nearest dollar).
STRATEGIC PLAN: Infrastructure & Placemaking - Invest in infrastructure and amenities that create connection, opportunity, and well-being.
DISCUSSION: With ownership of this easement already having transferred to VDOT, the only remaining issue is the amount of just compensation due the County. Under the County Assessor’s earlier valuation of this easement, VDOT’s offer of compensation reflects the easement’s fair market value. The County Attorney’s Office has reviewed and approved the substance and form of the attached settlement agreement (Attachment C) prepared by VDOT.
BUDGET IMPACT: The County would receive $1,177 in one-time revenue if the Board approved the County’s acceptance of VDOT’s compensation offer for this property.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment D) approving the proposed agreement in which the County accepts VDOT’s compensation of $1,177 for VDOT’s taking of this easement and authorizing the County Executive to sign such an agreement and any necessary related documents once they have been approved as to substance and form by the County Attorney.
ATTACHMENTS:
A - River Heights greenway deed
B - River Heights Certificate of Take
C - Proposed Settlement Agreement
D - Proposed Resolution