AGENDA DATE: 9/2/2015
TITLE:
Title
VDOT Compensation Agreement for Route 29 Taking
BODY
SUBJECT/PROPOSAL/REQUEST: Proposed Compensation Agreement with VDOT for its Taking of County Property along Route 29
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Foley, Letteri, Davis, Herrick, Burrell
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Thomas C. Foley
BACKGROUND: The County owns a 0.76-acre stormwater facility (Tax Map Parcel 04500-00-00-094B1) that fronts approximately 75 feet on Route 29 between Colonial Auto Center and Rio-29 Self Storage. On or about February 9, 2015, the Virginia Department of Transportation (VDOT) alerted the County that VDOT would need to acquire certain portions of this County property for the Route 29 improvement project. Specifically, VDOT indicated that it would need 761 square feet closest to the existing highway as a permanent utility easement, and the adjacent 1,034 square feet as a temporary construction easement. (See Map, Attachment A)
VDOT subsequently exercised its right to acquire these easements by eminent domain by filing a Certificate of Take on March 19, 2015. By operation of law, that Certificate immediately transferred ownership of these easements to VDOT, now VDOT Parcel 015. With the ownership of those easements now vested in VDOT, the only remaining issue is the amount of just compensation due the County for the easements.
VDOT has valued the parcel at $11 per square foot, and has offered to pay 25% of that for the permanent easement and 10% of that for the temporary easement. VDOT is offering the County a total of $3,300 as compensation for both easements.(See Valuation, Attachment B)
STRATEGIC PLAN: Goal 2. Critical Infrastructure: Prioritize, plan and invest in critical infrastructure that responds to past and future changes and improves the capacity to serve community needs.
DISCUSSION: With ownership of these two easements already having transferred to VDOT, the only remaining issue is the amount of just compensation to the County. The County Assessor has reviewed VDOT’s valuation of these two easements, and believes that VDOT’s offer of compensation reflects their 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.
VDOT has also expressed an interest in at least four other County properties that it wishes to partially acquire as part of the Route 29 improvement project. Staff anticipates bringing similar proposals to the Board in the coming months as those other properties are acquired by VDOT.
BUDGET IMPACT: The County would receive $3,300 in one-time revenue if the Board approves 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 $3,300 for VDOT’s taking of the two easements 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 - Map of VDOT Acquisition
B - VDOT Valuation
C - Proposed Agreement
D - Resolution