AGENDA DATE: 9/4/2024
TITLE:
Title
Proposed USA Easement under Boulders Road
BODY
SUBJECT/PROPOSAL/REQUEST: Schedule a future public hearing to consider a request from the U.S. Army for a cable easement under Boulders Road adjacent to Rivanna Station
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Henry, Rosenberg, Herrick
PRESENTER (S): Andy Herrick
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: At its meeting on April 10, 2013, the Board authorized the County to grant 10-foot wide easements within Boulders Road, then a public right-of-way owned by the County (TMP 003200-00-00-005C3), to CenturyLink, in the locations shown on the attached deed and plat (Attachment A). The deed of easement allows CenturyLink to install and maintain underground cables and related facilities or structures within the easement area to serve the National Ground Intelligence Center (NGIC). The deed also grants CenturyLink the right of ingress and egress to the easement area.
In 2021, the U.S. Army (USA) approached County staff, requesting that the USA hold the cable easement under Boulders Road. Though County staff has suggested the granting of a permanent easement, USA staff has indicated that the USA is not yet prepared to accept a permanent easement. Under that constraint, on June 2, 2021, the Board approved a one-year lease, which ran from June 2021 to June 2022. (Attachment A)
In recent months, USA staff has again contacted County staff, requesting an extension of the earlier lease. At the suggestion of County staff, the proposed new lease would:
1. Begin retroactively in June 2022 at the expiration of the prior lease;
2. Be renewable for up to five years (through June 2027), with the first two renewals (in June 2023 and June 2024) having been exercised from the outset.
STRATEGIC PLAN: Infrastructure & Placemaking - Invest in infrastructure and amenities that create connection, opportunity, and well-being.
DISCUSSION: Virginia Code § 15.2-1800 requires that the Board hold a public hearing prior to conveyance of any interest in County-owned real property. The U.S. Army has drafted a proposed lease of this easement to the U.S. (Attachment B). County staff is agreeable to the terms of the proposed lease, subject to the Board’s review and approval.
BUDGET IMPACT: Under the proposed lease, the County would realize $3,400 per year in rental revenue.
RECOMMENDATION:
Recommendation
Staff recommends that the Board schedule a future public hearing to consider this request from the U.S. Army for a cable easement under Boulders Road adjacent to Rivanna Station.
ATTACHMENTS:
A - Expired USA Lease
B - Proposed New USA Lease