AGENDA DATE: 8/21/2024
TITLE:
Title
Construction Easement for Southwood Community Development Block Grant Phase 2
BODY
SUBJECT/PROPOSAL/REQUEST: Accept a Temporary Construction Easement from Southwood Charlottesville, LLC over portions of Parcel 90A1-1D for new water and sewer infrastructure.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Rosenberg, Curfman, Dimock, Pethia, Rennolds
PRESENTER (S): Shaqual Rennolds, Housing Programs Coordinator
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: Albemarle County has received a Community Development Block Grant (CDBG) to support new infrastructure development in Phase 2 of the Southwood Redevelopment Project. Specifically, this grant is to replace failing septic systems with public water and sewer services in Village 3, which would support the construction of 33 new affordable dwelling units. To use CDBG funds for this project, 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. DHCD has approved use of a Temporary Construction Easement to constitute legal control of the property.
STRATEGIC PLAN: Quality of Life: Encourage a vibrant community with economic and recreational opportunities that serve all community members.
DISCUSSION: To satisfy CDBG requirements, Southwood Charlottesville, LLC, owner of the subject property, has agreed to grant the County a Temporary Construction Easement (Attachments A and B). Acceptance would convey a temporary construction easement to the County required for the 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, 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.
BUDGET IMPACT: Approval and acceptance of the Deed of Temporary Construction Easement would allow the County to use $1,075,000 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 90A1-1D.
ATTACHMENTS:
A - Draft Deed of Easement;
B - Map of Proposed Easement
C - Resolution