Real Estate Services

The Real Estate Services (RES) department works with the WCPSS Facilities, Design and Construction (FD&C) department in the development and renovation of new and existing school sites.

In addition to the responsibilities of locating, analyzing and purchasing land for new schools, the RES department assists FD&C in the development of sites by coordinating the procurement of permission to cross the property of another. The right to cross another’s property is conveyed by the granting of easements, which vary in purpose, duration, location, size and parties involved.

The RES department regularly negotiates with such parties as private property owners, municipalities, government agencies, land developers and utility companies to acquire the various easements necessary to site development. The easements most commonly acquired as necessary to the site development process are required by the NC Department of Transportation, utility providers and municipalities. Easements benefit the school system, the community and others. Common types of easements include:

• Temporary Construction Easement - allows temporary access upon property to perform construction work. Areas that are disturbed are restored in accordance with generally accepted landscaping and engineering practices.
• Temporary Access Easement - (Right of Entry) allows limited access to a property for a specified purpose, i.e., surveying, appraising, access over property, which usually has no permanent impact on the property.
• Slope Easements - allows for the permanent creation and maintenance of a "sloping" transition between properties of different elevations. These slopes created are typically either a fill slope which helps support the adjacent road and/or sidewalk (road is higher than adjacent property) or a cut slope where dirt is removed and sloped back so the adjacent property won't collapse or erode onto the adjacent road and/or sidewalk (road is lower than adjacent property). After the change of the contours of the property is complete the areas are restored using generally accepted landscaping and engineering practices primarily to protect the slope from erosion.
• Tree Conservation Area Easement - Identifies, preserves and protects a specific area with a requisite number of trees established thereon that ensures that adequate green space (an open urban natural area with plant life) is reserved for the benefit of future generations.
• Greenway Easement - allows for the construction of paved, gravel, boardwalk, or dirt trails and public access to use the trails that are usually recreational in nature. It is not unusual for a greenway easement document to also contain provisions for the conservation of the easement area so that it remains in a natural and undisturbed state other than the developed trail itself which may include other amenities such as benches and trash receptacles.
• Drainage Easement - allows for the permanent transmission of stormwater and/or control of its flows across a property typically from an adjacent road or parking lot which easement may allow for the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary. Such facilities and related appurtenances may include the installation of pipes, rip-rapped ditches, concrete drop inlets, culverts, weirs, sediment basins, or other structures or improvements.
• Stormwater Impoundment Easement and Stormwater Drainage Easement - allows drainage and stormwater runoff to cross a property to provide for an undisturbed or natural corridor for the passage of water, including containment and release of water, and may contemplate surface flow and/or subsurface piped flow.
• Rights-of-Way - provides a portion of private land that is set aside and dedicated (granted) to the NCDOT or municipality for development or improvement of a public roadway and/or sidewalk thereon to improve and address traffic and safety concerns.
• Two or Three Party Right-of-Way Encroachment Agreement - agreements with the NCDOT and/or a municipality that allows improvements to be made within an existing right-of-way area, often to connect a driveway to an existing public road, to widen an existing road, or to make connections to public utilities services that are already located within the right-of -way. This agreement is between the NCDOT and/or a municipality and the Board.
• Utility Easement - allows the installation and maintenance of infrastructure to provide services including the provision of water, sewer, electrical power, gas and communications.
• Transit Easement - provides access to public bus service on school sites, and usually accommodates construction of a shelter within the easement area.
• Access Easement - allows access over another’s property to reach desired areas.
• Easement for Traffic Signal or Signage - allows placement of traffic control measures.
• Bikeway Easement or Sidewalk Easement - provides specified area of travel and safety for the public.
• Encroachment Agreement - permits the structures of property owners to be located on the property of another for a specific period of time.

Easement acquisition and conveyance

The RES department obtains and grants easements from and to others by negotiating the purchase or sale of the easement using a formula based on a portion of the fair market value of the land involved. A land owner may, if applicable, agree to exchange an easement or donate an easement, which may provide the grantor/donor with a significant tax benefit. As a last resort, easements can be acquired through the process of Eminent Domain or condemnation, where the land is condemned and taken with just compensation paid to the property owner. Compensation paid to a landowner in a condemnation case is determined by a formula based on a portion of the fair market value of the land involved. Unless agreed upon by the parties prior to the completion of trial, the compensation amount is determined by a court of law.

We encourage use of facilities by municipalities, community groups, other local organizations and individuals to maximize public and private utilization of facilities.

Municipalities and organizations interested in partnership agreements for a term greater than one year must agree to our priority for the safety, security, and education of students. The programmatic and educational needs of the school system come before all other non-scholastic activities at the facilities.

Facilities available for shared use are defined as any area of public school or administration property, including but not limited to a school’s athletic play and practice fields, auditorium, cafeteria, classrooms, hallways, and gymnasium, etc.. There are four levels of community access for WCPSS facilities. Level 1 and Level 2 are handled by the WCPSS Community Schools office and appropriate when desired use is for a period of less than one year. Further information on Level 1 and Level 2 may be found at their website linked above. Level 3 access is appropriate when use is for a period of one year or more and is handled by the WCPSS Facilities, Real Estate Services. Level 4 access is reserved for WCPSS partnerships with municipalities.

Joint Use Agreements contain “areas of concern” that include liability, maintenance, ownership, scheduling, term or length of the agreement and termination clauses for the agreement. If you are interested in beginning negotiations for a Level 3 Joint Use Agreement, please download the Application for Organizations, fill out the form and then follow the instructions provided for submittal to RES.

Types of joint use

Level 1

• WCPSS schedules user groups
• Use request submitted at least 30 days in advance
• Rental Rates Apply
• Examples: Family Reunions, Music Recitals

Level 2

• WCPSS schedules user groups
• Arrangement for less than 1 year or for a season
• Possibility of reduced rental fee along with In-Kind Service such as maintenance and/or equipment use
• Facility Improvements and In-Kind Service
• Examples: Sports Organizations (e.g., soccer, baseball, etc.)

Level 3: Joint Use Agreement

• Term 1 to 10 years for fields
• Term 1 to 25 years for structures
• Facility improvements and negotiated fees
• Maintenance and negotiated fees
• Examples: Athletic Sports Groups/Municipalities

Level 4: Joint Use Agreement (Municipalities & Fields/Outdoor Facilities Only)

• 25 year term
• Municipality access without fee along with joint scheduling via regular site coordination meetings
• Public access through the municipality
• Municipality improves school property and/or facility
• Higher Maintenance Standard

The RES department negotiates and manages various types of leases that sustain WCPSS. Often, additional space is needed to accommodate the academic, administrative or support needs of the school system. The RES department manages numerous short and long-term leases to satisfy these needs. Common types of leases include:

Types of leases

• Office Buildings: houses additional administration facilities

• Warehouses: storage area for furniture and equipment needed for modulars and classrooms under renovation or development

• Parking Lots/Spaces: parking for staff and students at sites where there is limited available parking

• Bus Storage Lots: parking for off-hours bus storage and school bus drivers’ personal cars while on their bus route

• Commercial Buildings: temporary classroom swing space used to relieve overcrowding until new schools are completed

• Communication Towers: cellular communication companies lease space on various school sites for the placement of cell towers to improve cellular reception

• Noise Monitors: used to regulate acceptable noise levels near airports

• Surplus Building Space: the WCPSS leases portions of building space to others when the space can no longer accommodate the school system’s academic, administrative or support needs

The RES department’s lease management division entertains charitable donations (leases at below market value) which could provide the donor with a significant tax benefit.

Land acquisition procedures are managed through Real Estate Services. The department works closely with Student Assignment and with Facility Design and Construction to determine facility needs throughout Wake County. Potential school site location areas are identified with target rings generated by Student Assignment, and sites in or near the target rings are identified and analyzed for suitability.

Site selection

Each potential site for location and construction of schools, administration or support facilities must undergo a rigorous review before a final decision is made. Some of the factors considered in site selection include:

• Land availability of an appropriate size suitable to accommodate necessary buildings, structures, fields, and other improvements
• Appropriate zoning for the intended use
• The presence, proximity and availability of public utilities
• Likely off-site infrastructure costs for projected sewer and water services
• Transportation and access issues
• Likely off-site infrastructure costs for projected road improvements
• Environmental site conditions
• Potential site development cost variables, including raw land costs, presence and extend of wetlands & stream buffers, soil conditions, presence of rock, buildable area sufficiency
• Impacts on potential school assignment configurations
• Impacts on neighborhoods and existing infrastructure
• Seller's interest in or willingness to sell

Consideration is also given to adaptive reuse opportunities for purchase of an existing building or structure that is suitable or could be cost effectively made suitable for school, administrative or support use. Examples of adaptive reuse site acquisitions include Lufkin Road Middle School, River Oaks Middle School, and Laurel Park Elementary School.

Next steps

Once a site is selected, negotiations for site acquisition begin with the landowner. If a landowner is unwilling to sell after negotiations are reasonably exhausted, under North Carolina law the Board of Education can consider condemnation of the property, and acquire the property by eminent domain in exchange for just compensation.

After a contract for acquisition of real property is negotiated and agreed upon by the landowner, it is presented to the Board of Education for approval, along with an appraisal of the property to support the agreed-upon contract price.

Due diligence studies are completed to investigate and examine the property, and to confirm its suitability for the intended use.

A site is reviewed collaboratively with Wake County and municipality staff to explore potential joint partnership opportunities for co-location of public facilities including parks, athletic fields, libraries, open space, greenways, EMS stations, convenience centers, etc.

Once suitability is confirmed and off-site infrastructure costs are obtained, the contract is presented with supporting information to the Wake County Board of Commissioners for approval and funding.

Land acquisition funding is included in Capital Improvement Programs that are approved by The Wake County Board of Education and the Wake County Board of Commissioners, and are bond-funded.

Site Acquisition for New Schools and Facilities

To serve a growing community, WCPSS carefully identifies and acquires land for new schools and support facilities. The Real Estate Services team works with Student Assignment and Facility Design and Construction to plan for future needs.

How Sites Are Identified

Using student enrollment data and projected growth, Student Assignment creates target areas for new schools. Real Estate Services then locates and evaluates available land within or near those areas.

What We Look For

Each potential site goes through a detailed review. We consider:

• Land availability and size – Is the land large enough for buildings, fields, and parking?
   
• Zoning – Is the property approved for its intended use?
   
• Utilities – Are the necessary public utilities nearby or available?
• Environmental conditions – Are there wetlands, steep slopes, or other issues?
   
• Cost factors – What are the likely land and development costs?
   
• School assignment impact – How will this affect student assignment and transportation?
   
• Neighborhood context – What is the impact on nearby homes and infrastructure?
   
• Willingness to sell – Is the landowner open to negotiation?
   

We also explore adaptive reuse opportunities—where an existing building can be modified for school use. Past examples include:

• Lufkin Road Middle School
   
• River Oaks Middle School
   
• Laurel Park Elementary School

What Happens After Site Selection

Negotiation Begins

• We work directly with the landowner to agree on a fair purchase.
  • If a landowner is unwilling to sell after negotiations are reasonably exhausted, under North Carolina law the Board of Education can consider condemnation of the property, and acquire the property by eminent domain in exchange for just compensation.

Board Review and Approval

• Once a deal is reached, the agreement and appraisal are submitted to the Board of Education for review and approval.
   

Site Evaluation

• Engineers and planners perform due diligence studies to confirm the property is suitable for school use.
   

County Partnership Review

• We work with Wake County and municipal staff to explore possible shared uses, such as:
  • Parks
  • Libraries
  • Athletic fields
  • EMS or community facilities

Funding Approval
After all reviews, we present the project to the Wake County Board of Commissioners for funding approval.

Unsolicited land offerings occur when real property owners initiate contact with the Real Estate Services office to offer their land for sale or for donation to the Wake County Board of Education. Land acquisition is managed through the Real Estate Services Department. Assistance in identifying real property for acquisition is always welcomed.

When an unsolicited land offering is received, Real Estate Services will investigate and assess the land offering in light of known, current, and future administrative and support needs. Factors considered include the land’s location, size of parcel, suitability for development and potential beneficial uses. Unsolicited land offerings often assist Real Estate Services in its success of land acquisition efforts in a growing community.