STAFF REPORT
Operations Committee, November 5, 2009

Town of Cary Abandon Sewer Easement (EN10-017)
Consideration of request to approve a resolution to abandon an unnecessary sewer easement.
Speaker:  Mr. Tim Bailey

From:  Tim Bailey, P.E., Engineering Director
Prepared by: Kurt Wargin, Real Estate Specialist
Approved by:  Benjamin T. Shivar, Town Manager
Approved by:  Michael J. Bajorek, Assistant Town Manager

Executive Summary:  The force main sewer line, constructed as part of the Twin Lakes PDD and dedicated to the Town by BM 2005 PG 327 (Exhibit 1), has been replaced and partially removed.  The sewer outfall has been re-routed within the public street system dedicated to the Town of Cary (Exhibit 2).  The Town reviewed and accepted the final as-built plans and certification for the new gravity sewer system.  Staff recommends approving the resolution authorizing abandonment of the sewer easement.

Background:  Mr. J. Adam Ashbaugh, P.E., president of JAA Consulting ,requested abandonment of a sewer easement on behalf of Sandler @ Twin Lakes, LLC and KB Home.  Email from Town Staff to Mr. Ashbaugh indicates there are no known conflicts existing which would preclude the execution of the requested abandonment.  See attached map.

Fiscal Impact:  There is no fiscal impact to the Town of Cary resulting from the proposed abandonment.

Staff Recommendation:  Staff recommends approving the resolution authorizing abandonment of the sewer easement as shown on BM 2005 PG 327
 





A RESOLUTION AUTHORIZING ABANDONMENT
OF THE UNNECESSARY SANITARY SEWER EASEMENT

WHEREAS, the governing body of the Town of Cary hereby determines that it is not necessary nor in the public interest to retain that certain sanitary sewer easement recorded in BM 2005 PG 327, Wake County Registry for any public purpose;

WHEREAS, a replacement gravity sewer line has been re-routed within the public street system and dedicated to the Town of Cary;

 NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWN OF CARY, THAT:

The Town of Cary shall abandon all the easement rights over the sanitary sewer easement area that were conveyed to the Town of Cary by plat recorded in BM 2005 PG 327, Wake County Registry.

  ___________________________________
       Harold Weinbrecht Jr., Mayor

Adopted this _______________________.

I, Sue M. Rowland, Clerk of the Town of Cary, do hereby certify that the foregoing is a true copy of a resolution which was duly adopted by Town Council of the Town of Cary at its meeting on _____________________.

Witness my hand and the official seal of the Town of Cary on this ____ day of _____________, 2009.

  ____________________________      Sue M. Rowland, Town Clerk

(Municipal Seal)