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.
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.