CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 1 of 3 AGENDA Meeting Date: December 16, 2015 Item Number: 17.G. Subject: Public Hearing to Consider the Exercise of Eminent Domain for the Acquisition of Right-of-Way and Easements for the Newbys Bridge Road (Hagood Lane to Belmont Road) Reconstruction Project County Administrator's Comments: County Administrator: Board Action Requested: Hold a public hearing and authorize the exercise of eminent domain for the acquisition of right-of-way and easements for the Newbys Bridge Road (Hagood Lane to Belmont Road) Reconstruction Project, including the filing of certificates of deposit, so that construction may begin prior to the commencement of eminent domain proceedings. Summary of Information: On October 24, 2012, the Board authorized staff to proceed with the Newbys Bridge Road (Hagood Lane to Belmont Road) Reconstruction Project, including acquisition of right-of-way and easements. The Board also authorized the advertisement of an eminent domain public hearing, if needed. The county s right-of-way acquisition consultant has been successful in acquiring right-of-way and easements from six (6) property owners. The county s consultant has been unable to reach agreement with three (3) property owners. The county s consultant has recommended eminent domain on two (2) properties in order to allow utility relocations to take place without further delay. Plan sheets showing the impacted areas and plats showing the proposed acquisitions are attached. (Continued on next page) Preparer: Jesse W. Smith Title: Director of Transportation Attachments: Yes No # CHESTERFIELD COUNTY
BOARD OF SUPERVISORS Page 2 of 3 AGENDA Summary of Information: (continued) Parcel 006: The property located at 6051 Newbys Bridge Road, GPIN 7566758193, is owned by Bernice C. Trammell and Hazel B. Cole (formerly George E. Cole who is now deceased). The county needs to acquire 16,101 square feet (0.3696 acre) in fee right-of-way, 8,791 square feet (0.2018 acre) in prescriptive right-of-way, 662 square feet (0.0152 acre) in permanent drainage easement, 16,869 square feet (0.3873 acre) in permanent utility (Dominion Virginia Power/Verizon) easements, and 656 square feet (0.0151 acre) in temporary construction easement. The county s consultant appraised the acquisition at $4,427. The county s consultant made an offer, based on the appraisal, to Mrs. Trammell on June 11, 2015 and Mrs. Cole on June 12, 2015. The county and the county s consultant have contacted Mrs. Trammell and Mrs. Cole numerous times since July 14, 2015 to discuss the acquisition; however, the property owners have never presented a counteroffer for the acquisition. Diligent efforts to obtain voluntary conveyance from the property owners have failed. Staff has sent notification to the owners of the eminent domain request before the Board. Parcel 008: The property located at 6041 Newbys Bridge Road, GPIN 7576760549, is owned by the heirs of Charles D. Cole: Bernice C. Trammell, Hazel B. Cole, John L. Cole, Bonnie Gail Cole Willis, Thomas K. Woodfin, Jr., Barbara W. Campbell, Marian W. Cress, Frank Woodfin, Kenneth W. Woodfin, Violet W. Carter, Naomi W. Montiel, and Joan W. Pallett. The county needs to acquire 22,082 square feet (0.5069 acre) in fee right-ofway, 10,618 square feet (0.2438 acre) in prescriptive right-of-way, and 13,872 square feet (0.3185 acre) in permanent utility (Dominion Virginia Power/Verizon) easements. The county s consultant appraised the acquisition at $4,568. Offer letters were mailed October 8, 2015, to all property owners. Additional attempts were made by the county s consultant to contact the property owners via certified mail on 11/4/15 and 11/16/15. At least eight of the above named property owners have received the certified letters; however, the county s consultant has only been contacted by three of the property owners. No counteroffer has been received from any property owner. Staff has sent notification to the owners of the eminent domain request before the Board. If the county proceeds with eminent domain, a certificate of deposit will be filed with the court, which will allow the county to immediately enter and use the right-of-way and easements so the project can proceed without delay. Sufficient funds are available in the budget to pay the anticipated condemnation costs.
CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page 3 of 3 AGENDA Summary of Information: (continued) Staff will continue to negotiate with the property owners in an attempt to reach a settlement after the certificate is filed, and, if requested, the owners will be paid the county s appraised value for the property prior to the condemnation hearing. Recommendation: Staff recommends that the Board authorize the exercise of eminent domain on the following parcels, including the filing of a certificate of deposit, for the acquisition of right-of-way and easements for the Newbys Bridge Road (Hagood Lane to Belmont Road) Reconstruction Project: 1. Bernice C. Trammell and George E. Cole, 6051 Newbys Bridge Road, GPIN 7566758193; and, 2. The heirs of Charles D. Cole, 6041 Newbys Bridge Road, GPIN 7576760549. District: Dale
PARCEL 006 TRAMMELL & COLE CONSTRUCTION PLAN AREAS TO BE ACQUIRED PARCEL 006 TRAMMELL & COLE
PARCEL 006 TRAMMELL & COLE RIGHT-OF-WAY EXHIBIT AREAS TO BE ACQUIRED FOR RIGHT-OF-WAY, PERM. DRAINAGE ESMT & TEMP. CONSTR. ESMT PARCEL 006 TRAMMELL & COLE
PARCEL 006 TRAMMELL & COLE VERIZON EASEMENT PLAT PARCEL 006 TRAMMELL & COLE
PARCEL 006 TRAMMELL & COLE DOMINION VIRGINIA POWER EASEMENT PLAT PARCEL 006 TRAMMELL & COLE
NEWBYS BRIDGE RD (HAGOOD LN TO BELMONT RD) RECONSTRUCTION PROJECT PARCEL 008 HEIRS OF CHARLES D. COLE CONSTRUCTION PLAN AREAS TO BE ACQUIRED PARCEL 008 HEIRS OF CHARLES D. COLE
PARCEL 008 HEIRS OF CHARLES D. COLE RIGHT-OF-WAY EXHIBIT AREA TO BE ACQUIRED FOR RIGHT-OF-WAY PARCEL 008 HEIRS OF CHARLES D. COLE
PARCEL 008 HEIRS OF CHARLES D. COLE VERIZON EASEMENT PLAT PARCEL 008 HEIRS OF CHARLES D. COLE
PARCEL 008 HEIRS OF CHARLES D. COLE DOMINION VIRGINIA POWER EASEMENT PLAT PARCEL 008 HEIRS OF CHARLES D. COLE