Recommendation
Staff recommends that the Mayor and Council authorize the City Manager to execute a document entitled, “Release and Abandonment of Water and Sewer Easement,” in a form approved by the City Attorney, and a document entitled, “Agreement - MD 586/MD 911 Land Exchange,” in a substantially similar form as Attachment A.

Discussion
As part of the comprehensive development of the Westchester at Town Center LP (“Archstone”) site (Attachment B), a land swap is to take place between State Highway Administration ("SHA") and Archstone. The City is involved in this land swap because it has a water and sewer easement (“Water and Sewer Easement”) on part of the property to be conveyed by Archstone to SHA as part of the land swap (Attachment C). The City originally obtained the Water and Sewer Easement in order to maintain relocated utilities installed by Archstone, which was required by the City.

In exchange for the release of the Water and Sewer Easement, the City will be granted three new easements on the land that will be conveyed to Archstone from SHA; an easement for sanitary sewer, an easement for water, and an easement for ingress/egress for drainage facility, water, and sewer.

There is no effect to the City as a result of releasing the Water and Sewer Easement. The City will have continued access to its utilities. And, as part of the land exchange agreement, SHA is required to issue a permit to the City to allow the City access to maintain the utilities.

Background
At its January 23, 2006 meeting, the Mayor and Council approved the abandonment of a water and sewer easement that bisected the Archstone property. This was necessary to allow for the construction of a new building on this site. At the time of the abandonment the sewer main that was located within the easement was relocated around the site. In order to ensure that the City could maintain this sewer and a new water line on Archstone property a new easement was created. It was anticipated that this easement was to be in place until the Archstone/SHA land swap took place. As part of this land swap the easement will be abandoned such that the water and sewer lines would be located on SHA property consistent with other City owned utilities that are currently located within SHA right-of-way.

Mayor and Council History
This is the first time this item has been brought before Mayor and Council. However, at its meeting on January 23, 2006, the Mayor and Council approved a sewer abandonment on Parcel A of this property (Attachment D).

Next Steps
The City Manager will execute, on behalf of the Mayor and Council of Rockville, a document entitled, “Release and Abandonment of Water and Sewer Easement,” in a form acceptable to the City Attorney, and an agreement entitled, “Agreement - MD 586/MD 911 Land Exchange,” in a form substantially similar to Attachment A.

Attachments

Department Head:



Craig Simoneau, P.E.; , Director of Public Works
Approved on: 01/05/2010

City Manager:

Scott Ullery, City Manager
Approved on: 01/05/2010