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Home My WebLink AboutS Easement - Purchasing - OWASA Requested Sewer Easement Across County-Owned Property in Carrboro 06-23-2005-5iOWASA ORANGE WATER & SEWER AUTHORITY Quality Service Since 1977 November 4, 2005 Ms. Donna Baker Clerk to the Board Orange County P.O. Box 8181 Hillsborough, North Carolina 27278 Subject: Lloyd Sheet and Starlite Drive Pump Stations Phase Out Project Easement for Gravity Sewer Extension Dear Ms. Baker: 5,~ As we discussed over the phone several weeks ago, I am in need of a signed original deed of easement for the County's property on the corner of Hill and Broad Streets in Carrboro. The easement exhibit and the written legal description of the easement are enclosed. Please have the appropriate county official sign the enclosed documents with notarization and return them to: Attention: Alexandra Jones Orange Water and Sewer Authority 400 Jones Ferry Road . Carrboro, North Carolina 27510 Thank you very much for your assistance. If you have any questions please feel free to call meat 537-4276. Sincerely, r E. Alexandr es, P. LJtilities neer Enclosures 400 Jones Ferry Road PO Box 366 Carrboro, NC 27510-0366 Equal Opportunity Employer Printed on Recycled Paper Voice (919) 968-4421 FAX (919) 968-4464 www.owasa.org NORTH CAROLINA ORANGE COUNTY DEED OF EASEMENT THIS DEED, made and entered into this the ~~ day of ~ , 20 ~ 5~ by and between ORANGE COUNTY hereinafter referred to as GRANTOR, 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 400 Jones Ferry Road in Carrboro, North Carolina hereinafter referred to as GRANTEE; WITNESSETH: THAT WHEREAS, the ORANGE WATER AND SEWER AUTHORITY has constructed and proposes to construct a sewage 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 of sewage: NOW, THEREFORE, in consideration of the sum of One and No/100 ($1.00) Dollar and other good and valuable considerations paid to the GRANTOR, the receipt of all of which is hereby fully acknowledged, the said GRANTOR does hereby give, grant, quitclaim, and convey unto the ORANGE WATER AND SEWER AUTHORITY, its successors and assigns, the right, privilege, and perpetual easement to go in and upon a strip of land described herein and owned by the GRANTOR, lying and being in the Town of Carrboro, Orange County, North Carolina, the said strip of land being more particularly described as follows: BEING ALL OF THAT AREA OF LAND SHOWN AS THE SEWER EASEMENT AREA LOCATED ON GRANTOR'S LOT AS SHOWN ON THAT SURVEY PREPARED BY ROBIN L. LEE, DATED OCTOBER 29, 2003, ATTACHED HERETO AS EXHIBIT "A" AND EXHIBIT "B" AND INCORPORATED HEREIN, TO WHICH SURVEY REFERENCE IS HEREBY MADE FOR A MORE PARTICULAR DESCRII'TION OF SAID EASEMENT. And, the ORANGE WATER AND SEWER AUTHORITY, GRANTEE, shall have the right to construct and maintain in, under and/or above, along and through said strip of land one or more lines of pipe and manholes for the purpose of transmitting sewage as aforesaid, together with the right to construct and maintain in, under, above, and along said easement such mains and manholes as shall be necessary in connection with the proper construction and operation of said sewage line; GRANTEE shall also have the right of ingress and regress through, over, and across the land of the GRANTOR to and from said strip at such times as GRANTEE 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 sewage as aforesaid, and said mains and manholes, if any, shall be at such point below or above the surface of the earth as may be necessary for the proper operation of said pipe line or lines; and GRANTEE shall have the right, privilege and easement to tap the line or lines and construct sewer laterals from the main to the outside boundary of the right-of--way over which this easement and privilege extends; and, GRANTEE 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 owner of the fee 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 the GRANTEE herein named of ingress and egress to said easement for the purpose. of maintenance and repair of said sewer main or mains or the construction and repair of sewer laterals and connections, and such cultivation shall not interfere with GRANTEE's maintenance operation or installation of the lines; GRANTEE shall also have the right at such times as may be convenient to its purposes of ingress and egress to and from the said easement over GRANTOR's land adjacent to the said easement to any adjoining lands or public rights of way; 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 ORANGE WATER AND SEWER AUTHORITY 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 ORANGE WATER AND SEWER AUTHORITY, shall be located or erected upon the above described easement. It is understood and agreed by the parties that the execution and delivery of this deed of easement by the GRANTOR and its acceptance by the Authority shall not obligate the GRANTEE to construct a sewer line or permit connections to its sewer system. And, it is further understood and agreed that failure of the GRANTEE 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 the GRANTEE 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 ORANGE WATER AND SEWER AUTHORITY, and its successors and assigns forever. And the GRANTOR covenants with the GRANTEE that it is seized of the premises in fee simple, has the right to convey the rights, privileges and easements 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 said GRANTOR will warrant and defend the title to said easements against the claims of all persons or parties whomsoever. IN WITNESS WHEREOF, Orange County has caused this instrument to be executed the day and year first above written. ORANGE COUNTY By ATTEST County Clerk (CORPORATE SEAL) STATE OF NORTH CAROLINA COUNTY OF ORANGE I, a Notary Public in and for the county and state aforesaid, do certify that ,~r~~ ,~G1' personally appeared before me this day and acknowledged that he/she is the County Clerk of Orange County, N.C. and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ~~Llt~. ,sealed with its corporate seal and attested by him/her as its County Clerk. Witness my hand and notorial seal this ~ ~ day of /Y~~1~, 20 o...5~ ~ ~ , -~~ Notary ~ blic My commission expires: /~~' ~;3 ~' ~ c1 30' Sanitary Sewer Easement Orange County Property (Deed Book 270 Page 482) Chapel Hill Township, Orange County, North Carolina June 02, 2004 EASEMENT DESCRIPTION BEING all that tract of land containing 0.017 acres more or less, located in Chapel Hill Township, Orange County, North Carolina; and bounded by lands owned by and /or in possession of persons as follow: on the north by other lands of Orange County, on the east by the western right-of-way line (allowing 46 feet) of Broad Street, and on the south and west by the lands of Clarence E. Payne and being more particularly described by courses based on N. C. Grid North and distances according to a survey with an error of closure of better than 1 to 10,000 entitled "Easement Acquisition Plat of 30' Sanitary Sewer Easement Across Property of Orange County for Orange' Waster and Sewer Authority" by McKim and Creed, P.A., dated October 29, 2003, and last revised May 31, 2004 as follows: COMMENCING at OWASA Manhole # 71-D7-004 having OWASA Sewer System Survey N.C. Grid Coordinates N=787,419.12 feet, E=1,979,901.08 feet; thence as tie lines the following two calls: (1) north 45 deg. 39 min. 46 sec. west 376.90 feet to an iron pipe found, said iron pipe k~eing in the western right-of-way line (allowing 46 feet) of Broad Street, and (2) with the western right-of-way line (allowing 46 feet) of Broad Street north 08 deg. 18 min. 52 sec. west 100.14 feet to a calculated point, said calculated point being the northeastern corner of the~Clarence E. Payne property, said calculated point also being the POINT OF BEGINNING; thence leaving the western right-of-way line (allowing 46 feet) of Broad Street and running with the northern line of the Clarence E. PaynE; property south 81 deg. 39 min. 46 sec. west 49.94 feet to a calculated point, saicl calculated point being a southeast corner of the Clarence E. Payne property; thence with an eastern line of the Clarence E. Payne property (Deed Book 598 Page 185) north 08 deg. 20 min. 14 min. west 15.00 feet to a calculated point; thence as new lines in the Orange County property the following two calls: (1) north 81 deg. 39 min. 46 sec. east 47.45 feet to a calculated point, and (2) south 29 deg. 37 min. 26 sec. east 6.86 feet to a calculated point, said calculated point being in the western line (allowing 46 feet) of Broad Street; thence with the western line (allowing 46 feet) of Broad Street south 08 deg. 20 min. 14 sec. east 8.61 feet to a calculated point, the BEGINNING POINT. ®®aaeeeaasa, o ~~ ooao o®E m / o~~® fie'' O` ° S~~~Y ~®' JJ 0 m. s ~ e a ~J o v ~s ~y ' THIS MAP IS NOT A CERTIFlED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. NOTE 1. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET. (UNLESS OTHERWISE STATED) Z. NO NC GRID MONUMENT IS WITHIN 2000' OF SURVEYED TRACT. 3. ALL BEARINGS ARE BASED ON SEWER ASBUILT INFORMATION PROVIDED BY OWASA. 4. THIS SURVEY PERFORMED AND MAP PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. THIS SURVEY IS SUBJECT TO ANY FACTS AND EASEMENTS WHICH MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 5. AREA WAS COMPUTED BY COORDINATES METHOD. AREA IN 30' SEWER EASEMENT = 0.017 ACRES 741 SQ. FT. . ,~ ~~' J~ HILL STREET ~q.6' PUBLIC R~W~ 149.9 S8 35~~ N ~- IPF ~ N D ~ 1- (J~ IJ Z ~ D ~ ~ m o ~w-,m co z mcn ~v'n ~ `~° No ~° -fl z ~ cAw ~''~ m QD o D~ -~ co -° m ~`' I ~ ~p~C %0 ~ 1 ~ D c~P I a~z~ oU'ic°~ ~P co m -~ J U' ~+T IPF ~°'~m ~ ~ .~ I ~ -P m i cD ~o °1 - `°-~~ lygl -` IPF ~~\ aoo m 690 ~ s o -P r_ __ '~N ~m m IPF VICINITY MAP (NOT TO SCALE) i 1 i i SF i SSMH LINE TABLE LINE BEARING LENGTH L1 N08'20'14"W 15.00 L2 N81'39'46"E 47.45 L3 S29'37'26"E 6.86 L4 S08'20'14"E 8.61 L5 S81'39'46"W 49.94 I, ROBIN L. LEE, PLS L-3759 HEREBY CERTIFY THAT THIS 30' SEWER EASEMENT WAS DRAWN UNDE~~~I~h'1J'~;~~,•~F&~/aSION, DEED DESCRIPTION RECORDED, INS, E~E"D,`,;;'~~, ,PAGE 482, THAT THE RATI~'~' "^_9 TTER TAN 1:10,000 WITNE~S,~'•M~'~ /AND i@; IS ~-DAY OF~tl-~__, 2004. ROBIN ~. LSE, P(~~~~~~L-3~59,~ _ .. ~P Z, DRAWING`yNAfvlE'~s E101E- d0O1:~.0WG REVISED: 5-31-oe TO 30' EASEMENT Rll ~~ . ~~r~ ~ ., E ~. ~ ~~, ~„ ENGINEERS, SURVEYORS, AND PLANNERS 200 MacKENAN DRIVE SUITE 200 CARY N.C. 27511 TEL: (919)233-8091 1 1 N 0 wr m ¢~ w o~ ~ o~ z o~ U N p N f. o: c~ ~ U!~~ zw /~ a 0 O+ Q c ~ ~ ~ ~ ~m ~ ~ ~m 0 N /F o cn z ~ N r~ CLARENCE E. PAYNE ~ rn DB 272 PG. 903 PIN# 9778-97-5761 IPF 30 SEWER,- - - EASEMENT ,~ MANHOLE # 71-D7-004 NC GRID COORDINATES BASED N ON OWASA RECORDS. o N 787419.12 N J E 1979901.08 0°s, 'a~ v+ .P rn MANHOLE # 71-D7-006 ''' NC GRID COOR DINATES BASED ON OWASA RECORDS. N 787150.55 SSMH E 1979934.50 LE END IPF IRON PIPE FOUND IRF IRON ROD FOUND PK PK NAIL S0. FT. SQUARE FEET SSMH MANHOLE (SEWER) ~ CALCULATED POINT SCALE: 1" =50' OF SANITARY SEWER EASEMENT ACROSS PROPERTY OF ORANGE COUNTY FOR ORANGE WATER AND SEWER AUTHORITY 5CALE: 1 "=50' DATE: 10-29-03 CHAPEL HILL TOWNSHIP ORANGE COUNTY NORTH CAROLIN