EN10-043
STAFF REPORT
Operations Committee, February 4, 2010
Wake County Public School System Request for Reimbursement for Kit Creek Road (EN10-043)
Consideration of approval for funds to Wake County Public School System for purchase of additional property for the construction of Kit Creek Road
Speaker: Mr. Tim Bailey
From: Tim Bailey, P.E., Engineering Director
Prepared by: Tommy Cline, Real Estate Manager
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager
Executive Summary: Construction of Alston Ridge Elementary School made it necessary for Wake County Public School System (WCPSS) to construct a segment of Kit Creek Road that borders the northern portion of the site. Additional right of way and easements were required to construct this section of Kit Creek Road . A condemnation action was approved by the WCPSS to acquire the necessary easements and prior to any notice of filing the action, the owners of the adjacent property agreed to grant the necessary easements for $200,000.
The Wake County Public School System requests reimbursement ( attached ) for expenses associated with the cost of this acquisition.
Background: Wake County purchased the site for construction of the Alston Ridge Elementary School in 2007. Proposed design of the school traffic patterns included dual access points on Alston Avenue . Upon review of the design, the Department of Transportation, citing safety considerations, recommended and required bus traffic to access the northern boundary of the site on an un-built segment of Kit Creek Road . This recommendation together with requirements during the normal site plan approval process limited the access to one point on Alston Avenue which required construction of a segment of Kit Creek Road as it fronts the northern property line of the school site. Construction of this section of road is estimated at $800,000 to $1,000,000 and required additional right of way and easements from the adjacent off site owner. Attempts were made to secure the off site right of way for construction of Kit Creek Road and in November 2009, WCPSS approved a resolution to acquire the areas by eminent domain. Prior to filing the Declaration of Taking with the Wake County Clerk of Superior Court, the offsite owners agreed to grant the necessary property interests for $200,000. The Board of Education requests that the Town of Cary reimburse the Board for these acquisition costs.
Staff negotiated road improvements with WCPSS staff during the site plan process. At that time we were hopeful that the adjacent developer would donate the right of way as this would be a requirement with any future development plan on the adjacent property. Unfortunately that did not occur. Therefore staff recognizes some justification of the WCPSS request. We have worked on several cooperative arrangements in the past and believe we can continue in a similar manner.
Recently a similar request was made by the Town for some cooperative assistance on a property matter. Design renovations of the Cary Community Arts Center (Old Cary Elementary) have encroached onto property of the WCPSS. In order to continue construction without any delays, WCPSS has agreed to convey needed interest in the property by encroachment and temporary construction agreements for tax value of the property at $24,277.50.
If the Town considers this request for reimbursement of the $200,000 for Kit Creek Road right of way, Staff believes it should be in the form of a cooperative arrangement. Staff proposes to reimburse the value of the Kit Creek Road right of way less the value paid for the Cary Elementary easement. Also, staff requests some consideration be available for future property transactions where the Town needs property from WCPSS.
Fiscal Impact: Funds for reimbursement to the WCPSS property acquisitions will be taken from the Open Space account. Funds for property acquisitions for the Cary Community Arts Center will be taken from Project PR 1109.
Staff Recommendation: Staff recommends reimbursement to WCPSS $175,722.50 which offsets the cost of property acquisitions required for the construction of Kit Creek Road considering the cost of easements for the Cary Community Arts Center . Additional cooperative arrangements should be agreed upon for future Town of Cary property needs where the value would be drawn down from the $175,722.50 right of way payment balance.
Operations Committee, February 4, 2010
Wake County Public School System Request for Reimbursement for Kit Creek Road (EN10-043)
Consideration of approval for funds to Wake County Public School System for purchase of additional property for the construction of Kit Creek Road
Speaker: Mr. Tim Bailey
From: Tim Bailey, P.E., Engineering Director
Prepared by: Tommy Cline, Real Estate Manager
Approved by: Benjamin T. Shivar, Town Manager
Approved by: Michael J. Bajorek, Assistant Town Manager
Executive Summary: Construction of Alston Ridge Elementary School made it necessary for Wake County Public School System (WCPSS) to construct a segment of Kit Creek Road that borders the northern portion of the site. Additional right of way and easements were required to construct this section of Kit Creek Road . A condemnation action was approved by the WCPSS to acquire the necessary easements and prior to any notice of filing the action, the owners of the adjacent property agreed to grant the necessary easements for $200,000.
The Wake County Public School System requests reimbursement ( attached ) for expenses associated with the cost of this acquisition.
Background: Wake County purchased the site for construction of the Alston Ridge Elementary School in 2007. Proposed design of the school traffic patterns included dual access points on Alston Avenue . Upon review of the design, the Department of Transportation, citing safety considerations, recommended and required bus traffic to access the northern boundary of the site on an un-built segment of Kit Creek Road . This recommendation together with requirements during the normal site plan approval process limited the access to one point on Alston Avenue which required construction of a segment of Kit Creek Road as it fronts the northern property line of the school site. Construction of this section of road is estimated at $800,000 to $1,000,000 and required additional right of way and easements from the adjacent off site owner. Attempts were made to secure the off site right of way for construction of Kit Creek Road and in November 2009, WCPSS approved a resolution to acquire the areas by eminent domain. Prior to filing the Declaration of Taking with the Wake County Clerk of Superior Court, the offsite owners agreed to grant the necessary property interests for $200,000. The Board of Education requests that the Town of Cary reimburse the Board for these acquisition costs.
Staff negotiated road improvements with WCPSS staff during the site plan process. At that time we were hopeful that the adjacent developer would donate the right of way as this would be a requirement with any future development plan on the adjacent property. Unfortunately that did not occur. Therefore staff recognizes some justification of the WCPSS request. We have worked on several cooperative arrangements in the past and believe we can continue in a similar manner.
Recently a similar request was made by the Town for some cooperative assistance on a property matter. Design renovations of the Cary Community Arts Center (Old Cary Elementary) have encroached onto property of the WCPSS. In order to continue construction without any delays, WCPSS has agreed to convey needed interest in the property by encroachment and temporary construction agreements for tax value of the property at $24,277.50.
If the Town considers this request for reimbursement of the $200,000 for Kit Creek Road right of way, Staff believes it should be in the form of a cooperative arrangement. Staff proposes to reimburse the value of the Kit Creek Road right of way less the value paid for the Cary Elementary easement. Also, staff requests some consideration be available for future property transactions where the Town needs property from WCPSS.
Fiscal Impact: Funds for reimbursement to the WCPSS property acquisitions will be taken from the Open Space account. Funds for property acquisitions for the Cary Community Arts Center will be taken from Project PR 1109.
Staff Recommendation: Staff recommends reimbursement to WCPSS $175,722.50 which offsets the cost of property acquisitions required for the construction of Kit Creek Road considering the cost of easements for the Cary Community Arts Center . Additional cooperative arrangements should be agreed upon for future Town of Cary property needs where the value would be drawn down from the $175,722.50 right of way payment balance.
