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Item
Title: Conveyance of a
Slope and Drainage Easement on County Owned Property to "Pointe At Davis
Drive LLC"
Specific
Action Requested:
That the Board
of Commissioners:
1)
Approve the conveyance of a slope easement on
approximately 17,000 square feet, a drainage easement on approximately 600
square feet and adjoining temporary construction easements to Pointe At Davis
Drive LLC.
2)
Approve entering into a contract with Pointe At
Davis Drive LLC for the conveyance of the above described easements and the
construction of approximately 2,500 linear feet of 8 foot wide asphalt walking
trail on County-owned property subject to terms and conditions acceptable to
the County Attorney.
3)
Authorize the County Manager to execute the
contract on behalf of Wake County.
Item
Summary:
In October 1998, the
Board of Commissioners approved a partnership with the Board of Education to
purchase 65 acres in Apex at the intersection of Old Jenks Road and Davis Drive
for a new elementary and middle school campus. As a part of the partnership,
Wake County contributed $200,000 toward the acquisition of the property and as
a part of the Community School Parks Program, agreed to contribute an
additional $250,000 toward the construction of school park facilities on this
site. The construction of Salem Elementary School and park facilities were
completed in the fall of 2002 and the Middle School was completed in the fall
of 2003.
An approximate
12-acre portion of the 65-acre site consists of a farm pond used for irrigating
the ball fields and acreage adjacent to the pond. A master development plan for
the entire campus showing the pond and adjoining acreage is attached. This
master plan of school park facilities includes a future wetland
interpretation/natural area and walking trail around the pond. The County has
constructed the parking area shown on the plan but no other improvements have
been completed. These 12-acres had no potential use for future school
facilities, so therefore, in April 2003; the Board of Education conveyed the 12
acres to the County for the continued development as a part of the school park
facilities.
Wake County has
received a request from Pointe At Davis Drive LLC for the conveyance of a
permanent slope and drainage easement on County property. Pointe At Davis Drive
is proposing to develop Davis Drive Village containing approximately 15,700
square feet of retail and restaurant space on the adjoining 2.59 acres. As a
part of their development plan, Pointe At Davis Drive is requesting approval to
place fill material and a stormwater retention pond outlet on the adjoining
County-owned property. It is estimated that this project will require approximately
17,000 square feet (0.39 acre) of permanent slope easement, 600 square feet of
drainage easement and an adjoining temporary construction easement on
County-owned property as shown on the attached site plan for Davis Drive
Village.
Pointe At Davis Drive has offered as compensation to the County for the above described easement rights, to construct at no cost to the County, the approximate 2,500 linear feet of walking trail around the pond as shown on the attached master plan for the Salem School campus. This trail would be an asphalt paved trail 8 feet wide constructed to County standards and specifications. The construction cost of the trail is estimated to be $25,000. The slope easement conveyed to Pointe At Davis Drive would be landscaped after construction to meet the Town of Apex site development standards and County standards as specified in plans to be approved by County staff. The future owners of the property would continue to be responsible for the maintenance of the slope easement area and stormwater drainage facilities. Negotiations are currently underway with the Town of Apex and Wake County Community Schools regarding the joint use and maintenance for Salem School Park, including the walking trail and parking area.
County staff has reviewed this proposal and is of the opinion that the construction of this asphalt walking trail by Pointe At Davis Drive equates to full, fair and equitable consideration for these easements. It will be necessary for the County to enter into a contract with Pointe At Davis Drive to set forth the terms and conditions relating to the conveyance of these easements and the construction of the trail on County-owned property. Construction of Davis Drive Village is scheduled to commence in late fall.
Attachments:
1.
Letter
3.
Jenks
Road Elementary School Road Map