HomeMy WebLinkAboutAgenda - 12-15-2009 - 4jORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 15, 2009
Action Agenda
Item No. ~_
SUBJECT: Approval of Boundary Line Agreement for Seven Mile Creek Preserve
DEPARTMENT: Environment and Resource PUBLIC HEARING: (YIN) No
Conservation
ATTACHMENTS INFORMATION CONTACT:
1) Site Map David Stancil, 245-2510
2) Boundary Agreement (Draft) Rich Shaw, 245-2510
PURPOSE: To resolve boundary overlaps and gaps among property owned by the Friends
of Moorefields, the Crutchfield heirs and Orange County by a boundary agreement.
BACKGROUND: In October 2009 the Board authorized a survey of property for the
County's acquisition of land from the Friends of Moorefields for the Seven Mile Creek
Preserve. A preliminary survey of the property revealed some boundary gaps and overlaps
for a portion of the County's existing property acquired in the 1970s and for the property to
be acquired.
ERCD is working with attorneys handling the transaction between the County and the Friends
of Moorefields and the adjacent landowners to resolve the boundary issues with a boundary
line agreement to be signed by all parties. The adjacent landowners have expressed their
willingness to sign such an agreement. A draft boundary agreement is attached.
The signed agreement would be recorded with the Register of Deeds.
FINANCIAL IMPACT: There will be no change in the price the County will pay for the
purchase of the property from the Friends of Moorefields.
RECOMMENDATION: The Manager recommends the Board approve the boundary
agreement ,authorize the Chair to sign the boundary agreement on behalf of the County,
and authorize the agreement to be recorded contemporaneously with the recording of the
documents to be recorded as part of the County's purchase of the Moorefields property.
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Attachment 2
[DRAFT ]
This instrument was prepared by and return to Geoffrey E. Gledhill,
P.O. Drawer 1529, Hillsborough, NC 27278
NORTH CAROLINA
ORANGE COUNTY
BOUNDARY AGREEMENT
QUITCLAIM DEED
This boundary agreement and quitclaim deed made and entered
into this the day of 2009, by and among Patsy
M. Upton and husband, John P. Upton, whose mailing address is 215
N. Cameron Street, Hillsborough, NC 27278, Richard M. Moore
(unmarried), whose mailing address is 9253 NC Highway 48,
Whitakers, NC 27891 and Hilda S. Alford and husband, Charles
Alford, whose mailing address is 2009 Fern Drive, Greenville, NC
27858 (hereinafter Crutchfield Heirs);
and
Friends of Moorefields, a North Carolina non-profit corporation,
Trustee of the Effie Draper-Savage - Nellie Draper Dick Memorial
Foundation, having an address of 2201 Moorefields Road,
Hillsborough, North Carolina 27278 (hereinafter Friends);
and
Orange County, North Carolina, a body politic and corporate, a
political subdivision of the State of North Carolina, having an
address of P.O. Box 8181, Hillsborough, North Carolina 27278
(hereinafter County).
WITNESSETH:
WHEREAS, Crutchfield Heirs are the owners of that tract
described as Orange County P.I.N. 9853-47-0588, and
WHEREAS, Friends are the owners of those tracts described as
Orange County P.I.N. 9854-70-2643 and Orange County P.I.N. 9853-79-
7619, and
WHEREAS, County is the owner of that tract described as Orange
County P.I.N. 9854-61-3017;
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WHEREAS, Crutchfield Heirs' tract is located on the south and
west sides of the tract of Friends and on the south side of the
tract of County, and
WHEREAS, some question has arisen as to the location of the
boundary line among Crutchfield Heirs, Friends and County, and
WHEREAS, County has caused a survey to be made of so much of
the property owned by Crutchfield Heirs, Friends and County, as
depicts their common boundary, and
WHEREAS, Crutchfield Heirs, Friends and County have agreed to
a common boundary line among their parcels, which common boundary
line is more particularly described according to an Alois Callemyn,
P.L.S., survey as follows:
Beginning at a rock, a point labeled "B" which point is S 2°
25' 22" E 221.59' from an existing concrete monument, a point
labeled "A," CONTROL CORNER, and which point "B" is in a new
northern line of Crutchfield Heirs and a new southern line of
County and running thence N 57° 55' 26" E 476.81' to a rock pile, a
point labeled "C," thence S 62° 31' 22" E 464.66' to an iron pin
set, a point labeled "D," thence along a new northern line of
Crutchfield heirs and a new southern line of Friends S 62° 31' 22" E
472.70' to a rock and point labeled "E," thence S 73° 29' 40" E
831.41' to an iron pin set, a point labeled "F," thence along a new
eastern line of Crutchfield and a new western line of Friends S O1°
49' 49" W 386..98' to an iron pin set, a point labeled "G," thence S
O1° 00' 17" W 444.18' to an iron pin set, a point labeled "H," all
according to plat and survey titled "BOUNDARY LINE AGREEMENT
PROPERTY SURVEYED FOR ORANGE COUNTY," by Alois Callemyn, P.L.S.
2544, which plat is recorded at Plat Book Page Orange
County Registry. The above boundary line description is hereinafter
referred to as the "Boundary Line."
In order to further release any interest on the northern side
of said line from point "B" to point "D", Crutchfield Heirs, for
and in consideration of the above premises and the sum of one
dollar and other good and valuable considerations in hand paid by
County, the receipt of which is hereby acknowledged, do hereby
convey unto County, its heirs and assigns, premises described as
follows:
Being all lands lying on the north side of the Boundary Line
from point "B" to point "D."
In order to further release any interest on the southern side
of said line from point "B" to point "D," County, for and in
consideration of the above premises and the sum of one dollar and
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other good and valuable considerations in hand paid by Crutchfield
Heirs, the receipt of which is hereby acknowledged, do hereby
convey unto County, its heirs and assigns, premises described as
follows:
Being all lands lying on the south side of the Boundary Line
from point "B" to point "D."
In order to further
of said line from point
and in consideration of
dollar and other good an
Friends, the receipt of
convey unto Friends, its
follows:
release any interest on the northern side
"D" to point "F", Crutchfield Heirs, for
the above premises and the sum of one
d valuable considerations in hand paid by
which is hereby acknowledged, do hereby
heirs and assigns, premises described as
Being all lands lying on the northern side of the Boundary
Line from point "D" to point "F."
In order to further release any interest on the southern side
of said line from point "D" to point "F," Friends, for and in
consideration of the above premises and the sum of one dollar and
other good and valuable considerations in hand paid by Crutchfield
Heirs, the receipt of which is hereby acknowledged, do hereby
convey unto Crutchfield Heirs, their heirs and assigns, premises
described as follows:
Being all lands lying on the southern side of the Boundary
Line from point "D" to point "F."
In order to further
of said line from point
and in consideration of
dollar and other good ar.
Friends, the receipt of
convey unto Friends, its
follows:
release any interest on the eastern side
"F" to point "H", Crutchfield Heirs, for
the above premises and the sum of one
~ valuable considerations in hand paid by
which is hereby acknowledged, do hereby
heirs and assigns, premises described, as
Being all lands lying on the eastern side of the Boundary Line
from point "F" to point "H."
In order to further release any interest on the western side
of said line from point "F" to point "H," Friends, for and in
consideration of the above premises and the sum of one dollar and
other good and valuable considerations in hand paid by Crutchfield
Heirs, the receipt of which is hereby acknowledged, do hereby
convey unto Crutchfield Heirs, their heirs and assigns, premises
described as follows:
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Being all lands lying on the western side of the Boundary Line
from point "F" to point "H."
To have and to hold the above described premises, with all the
appurtenances thereunto belonging, or in anywise appertaining unto
Crutchfield Heirs, Friends and County, their heirs and assigns,
respectively, forever.
Crutchfield Heirs, Friends and County each covenant with the
other that they are seized of their respective premises in fee, and
have the right to convey the same in fee simple; that said premises
are free from liens and encumbrances except as stated above, if
any; and that they will warrant and defend the said title to the
same against the lawful claims of all persons whomever.
In witness whereof, Crutchfield Heirs, Friends and County have
hereunto set their hand and seals, the day and year first above
written.
Patsy M. Upton
John P. Upton
Richard M. Moore
Hilda S. Alford
Charles Alford
EFFIE DRAPER-SAVAGE - NELLIE
DRAPER DICK MEMORIAL FOUNDATION
By:
Cathleen Turner, President
Friends of Moorefields
Trustee of the Effie
Draper-Savage - Nellie
Draper Dick Memorial
Foundation
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ATTEST:
Secretary,
Friends of Moorefields
ORANGE COUNTY, NORTH CAROLINA
By:
ATTEST:
Donna S. Baker, Clerk
to the Board of Commissioners
NORTH CAROLINA
COUNTY
Valerie P. Foushee, Chair
Orange County Board of
Commissioners
I, Notary Public for
County, North Carolina do hereby certify that Patsy M. Upton and
husband, John P. Upton personally appeared before me and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this the day
of 2009.
Notary Public
Printed Name of Notary:
My commission expires:
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NORTH CAROLINA
COUNTY
I, Notary Public for
County, North Carolina do hereby certify that Richard M. Moore
personally appeared before me and acknowledged the due execution of
the foregoing instrument.
Witness my hand and official stamp or seal, this the day
of 2009.
Notary Public
Printed Name of Notary:
My commission expires:
NORTH CAROLINA
COUNTY
I, Notary Public for
County, North Carolina do hereby certify that Hilda S. Alford and
husband, Charles Alford personally appeared before me and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this .the day
of 2009.
Notary Public
Printed Name of Notary:
My commission expires:
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NORTH CAROLINA
COUNTY
I, , Notary Public for County,
North Carolina, certify that personally came
before me this day and acknowledged that he/she is Secretary of
Friends of Moorefields, Trustee of the Effie Draper-Savage - Nellie
Draper Dick Memorial Foundation, a North Carolina non-profit
corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its
President and attested by himself/herself as its Secretary.
Witness my hand and official stamp or seal, this the day
of 2009.
Notary Public
Printed Name of Notary:
My commission expires:
NORTH CAROLINA
COUNTY
I, Notary Public for County,
North Carolina, certify that Donna S. Baker personally came before
me this day and acknowledged that she is Clerk to the Board of
Commissioners for Orange County, North Carolina and that by
authority duly given and as the act of Orange County, North
Carolina the foregoing instrument was signed in its name by the
Chair of said Board of Commissioners and attested by her as Clerk
to said Board of Commissioners.
Witness my hand and official stamp or seal, this the day
of 2009.
Notary Public
Printed Name of Notary:
My commission expires:
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