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HomeMy WebLinkAboutAgenda - 01-19-1999 - 8jORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No._ ACTION AGENDA ITEM ABSTRACT Meeting Date: January 19, 1999 SUBJECT: OWASA DEDICATION OF WATER LINES /GRANTING OF EASEMENT FOR SKILLS DEVELOPMENT CENTER DEPARTMENT: PURCHASING AND Public Hearing: No CENTRAL SERVICES Budget Amendment Reqd? No ATTACHMENT(S): Dedication Letter Water Easement INFORMATION CONTACT: PAM JONES, ext. 2650 Telephone Number - Hillsborough 732 -8181 Chapel Hill 967 -9251 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To consider dedicating water lines and granting an easement to OWASA for water lines constructed during the Skills Development Center Renovation project. BACKGROUND: The thirty foot (30) easement is depicted on the attached drawing entitled "Site Plan" as prepared by Civil Consultants and constructed through the contract with O.C. Mitchell Construction Company. The easement extends from the rear of the 503 W. Franklin Street across our parking lot to the east where it connects to the line on Roberson Street. OWASA has set the meter at the facility contingent upon this action being taken by the Board. No new sewer lines were constructed as part of this renovation project, therefore no sewer easement is required. RECOMMENDATION: The Manager recommends that the Board grant the thirty foot easement for water lines to OWASA pursuant to the attached drawing and contingent upon Attorney review of the easement documents; and authorize the Chair to sign on behalf of the Board. January 19, 1999 Orange Water and Sewer Authority 400 Jones Ferry Road Carrboro, NC 27510 RE: Skills Development Center, 503 West Franklin Street, Chapel Hill Dear Sir The County of Orange, the current owner of 503 West Franklin Street, Chapel Hill North Carolina according to the Plant Book 1491, at Pages 473, 480,485,490,495,499 and 504, Orange County Registry, does hereby dedicate and convey unto Orange Water and Sewer Authority, its successors and assigns, all of its right, title and interest in and to the water and sewer lines constructed in accordance with plans titled "As Built" - Orange County Skills Development Center, Site Plan, C -1, prepared by Civil Consultants, Inc. and dated December 30, 1998. IN WITNESS WHEREOF, this letter is executed by the duly authorized officers of the County of Orange and its corporate seal to be hereunto affixed, all on the day and year first above written. County of Orange Attest: BY: Beverly A. Blythe, Clerk to the Board NORTH CAROLINA ORANGE COUNTY Alice M. Gordon, Chair I, , a Notary Public, hereby certify that Beverly A. Blythe personally appeared before me this day and acknowledged that she is the Clerk to the Board of County Commissioners of Orange County, a body politic of the State of North Carolina, and that by authority duly given as the act of the County, the foregoing instrument was signed in its name by its Chair, sealed with its corporate seal, and attested as its Clerk. Notary Public My commission expires: z (Corporate Water Easement Without Mortgage) NORTH CAROLINA ORANGE COUNTY THIS DEED, made and entered into this the DEED OF EASEMENT 19' day of January, 1999, by and between County of Orange, hereinafter referred to as "COUNTY" and ORANGE WATER AND SEWER AUTHORITY, a public body and body politic and corporate created and existing under Article 1, Chapter 162A of the General Statutes, with its principal office at 406 Jones Ferry Road in Carrboro, North Carolina, hereinafter referred to as OWASA; WITNESSETH: THAT WHEREAS, OWASA has constructed and proposes to construct a water distribution system for the use of its citizens and for that purpose has constructed and proposes to construct lines of pipe and mains necessary for the proper transmission and distribution of waters NOW, THEREFORE, in consideration of the sum of One and No /100 ($1.00) Dollar and other good and valuable considerations paid to the COUNTY, the receipt of all of which is hereby fully acknowledged, the said COUNTY does hereby give, grant, quit - claim, and convey unto the OWASA, its successors and assigns, the right, privilege, and perpetual easement to go in and upon a strip of land thirty feet (30') in width described herein and owned by the COUNTY, lying and being in the Town of Chapel Hill, Chapel Hill Township, Orange County, North Carolina, the said strip of land thirty feet (30') in width being more particularly described on the plat as recorded with the Orange county Register of Deeds, Book 1491, pages 473,480,485,490,495,499 and 504. And, OWASA, Grantee, shall have the right to construct and maintain in, under, and /or above, along and through said strip of land thirty feet (30') in width such mains 4 and lines of pipe as shall be necessary for the proper construction and operation of said water distribution system; OWASA shall also have the right of ingress and regress through, over, and across the land of the COUNTY to and from said strip at such times as OWASA deems it necessary for the purpose of constructing, maintaining and inspecting said lines and of making all necessary alterations and repairs thereto; the lines of pipe shall be located at such point or points, elevation or elevations below or above the surface of the earth as shall be necessary, for proper operation of the system, and shall be established at the proper grade for running said lines and for conveying water as aforesaid; and OWASA shall have the right, privilege and easement to tap the line or lines and construct water laterals from the main to the outside boundary of the right -of -way over which this easement and privilege extends; and, OWASA shall have the privilege, easement, and right to clear and keep cleared the full width of the easement of and from brush, plants, trees, and any and all other materials, obstructions, structures, and encroachments of any kind; The County shall retain the right to cultivate the ground lying within the boundaries of the easement, provided that such cultivation shall not interfere with the right of OWASA herein named of ingress and egress to said easement for the purpose of maintenance and repair of said water main or mains or the construction and repair of water laterals and connections, and such cultivation shall not interfere with OWASA's maintenance operation or installation of the lines, -and provided further that in all cases where there are roads or streets across the tract of land sufficient for the purpose of convenient egress, ingress, and regress, in, to, and from said strip of land, such roads or streets shall be used by the said OWASA when it is necessary to come in and upon said strip of land for the purposes aforesaid. No building or structure of any kind, except such as constructed by OWASA, shall be located or erected upon the above described easement; which said structure as constructed by OWASA shall be approved by County prior to its being built; It is understood and agreed by the parties that the execution and delivery of this deed of easement by the COUNTY and its acceptance by OWASA shall not obligate OWASA to construct a water line or permit connections to is water system. And, it is further understood and agreed that failure of the OWASA to construct improvements within the said strip of land and /or to clear or keep cleared said strip of land shall not impair in any way the rights, privileges and easements conveyed to OWASA hereunder. TO HAVE AND TO HOLD all singular the rights, privileges, and easements as aforesaid, in along, upon, and through said premises to the said OWASA, and its successors and assigns forever. And the COUNTY covenants with OWASA that it is seized of the premises in fee simple, has the right to convey the rights, privileges and easement which are granted herein, that title is free and clear of all liens and encumbrances which may affect the said rights, privileges and easements conveyed herein, and the COUNTY will warrant and defend the title to said easements against the claims of all persons or parties whomsoever. IN WITNESS WHEREOF, COUNTY, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Commissioners, all as of the day and year first above written. Attest: Secretary ATTEST: Beverly A. Blythe Clerk to the Board NORTH CAROLINA ORANGE COUNTY For OWASA: By: (Title) FOR COUNTY: Alice M. Gordon, Chair Orange County Board of Commissioners 6 I, , a Notary Public in and for the aforesaid County and State, do hereby certify that the due execution of this Deed on this day was had by the personal appearance before me of Beverly Blythe, with whom I am personally acquainted, who being by me duly sworn, says that she is Clerk to the Board of Commissioners and that Alice M. Gordon is the Chair of the Board of County Commissioners, one of the corporations named within and which executed the foregoing Deed; that she knows the common seal of said corporation; that the seal affixed to said instrument is said common seal; that the name of the corporation was subscribed thereto by the said Chair and that the said Chair and Clerk to the Board subscribed their names thereto and said common seal was affixed, all by order of its Board of County Commissioners duly given; and said instrument is the act and deed of said corporation. Witness my hand and notarial seal, this day of '1999. Notary Public My commission expires: 7 NORTH CAROLINA ORANGE COUNTY 1, , a Notary Public in and for the aforesaid County and Sate, do hereby certify that the due execution of this Deed on this day was had by the personal appearance before me of with whom I am personally acquainted, who being by me duly sworn, says that he /she is Secretary and that is President of , one of the corporations named within and which executed the foregoing Deed; that he knows the common seal of said corporation; that the seal affixed to said instrument is said common seal that the name of the corporation was subscribed thereto by the said President and that the said President and Secretary subscribed their names thereto and said common seal was affixed, all by order of its Board of Directors duly given; and said instrument is the act and deed of said cooperation. Witness my hand and notarial seal, this day of , 1999. Notary Public My commission expires: NORTH CAROLINA ORANGE COUNTY The Forgoing certificate of and , Notaries Public of Orange County, North Carolina, attested by their respective notarial seals, are certified to be correct. Let this instrument with all certificates by registered. Witness my hand this day of , 19_ Joyce Pearson, Register of Deeds of Orange County By: