Loading...
HomeMy WebLinkAboutRES-2010-097 NOT SIGNED - Resolution Agreeing to Deliver a Plat of the Orange-Alamance County Boundary for Incorporation into a 2011 Local Bill That Resolves the Disputed Boundary & Creates Conclusive Boundary~ ~'~ a~~a - ~ ~-s /~ /,~/.~ ~o / (/' Attachment 3 ~ ~ 27 ORANGE AND ALAMANCE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AGREEING TO DELIVER A PLAT OF THE ORANGE-ALAMANCE COUNTY BOUNDARY FOR INCORPORATION INTO A 2011 LOCAL BILL THAT RESOLVES THE DISPUTED BOUNDARY AND CREATES CONCLUSIVE BOUNDARY WHEREAS, the boundaries of Orange County were established by act of the Colonial General Assembly in 1752, Orange County being "formed" from portions of Bladen, Granville; and Johnston counties; and WHEREAS, the boundary between Orange and Alamance counties was "formed" by survey commissioned by an Act of the General Assembly of North Carolina, which Act was adopted during the Session of 1848 and 1849 (hereafter "the Act") at the time Alamance County was :formed; and WHEREAS, the boundary established by the Act relies on numerous geographic or landmark references that, while perhaps useful and adequate then, are insufficient now to demarcate where the` boundary between Alamance County. and Orange County lies; and WHEREAS, over the past 161 years various agreements and arrangements were made by and between the Alamance County and Orange County tax offices which have resulted in inconsistent determinations between Alamance County and Orange County as to the situs of specific parcels of land in both Alamance County and Orange County; said inconsistencies being heightened by 4he ever increasing residential and commercial development in proximity to the Alamance County -Orange County boundary line; and WHEREAS, both Alamance County and Orange County agreed by resolutions adopted on December 17, 2007 and January 15, 2008, respectively, to observe N©rth Carolina General Statute 153A-18 in requesting that the North Carolina Geodetic Survey (NCGS) perform a preliminary survey and present a proposed map of the county boundary to both Orange and` Alamance Counties; and WHEREAS, on March 11, 2008, NCGS staff presented to the staffs of Alamance County and Orange County ten points determined through extensive field and office research of the 1849 survey, as well as the county boundary as depicted on the USGS quadrant maps, which points and boundary NCGS deem to reflect the 1849 survey; and WHEREAS, the Alamance County Board of Commissioners agreed, by vote on Apri121, 2008, to approve authorizing NCGS to conduct the preliminary survey and the placing of monuments by the NCGS; and WHEREAS, the Orange County Board of Commissioners agreed, by vote on May 20, 2008, to approve authorizing NCGS to conduct the preliminary survey and the placing of monuments by the NCGS; and WHEREAS, Orange County and Alamance recognize that based on previous experiences in resolving other ambiguous boundary lines, issues affecting residents and property owners in proximity to the Orange County-Alamance County boundary line will need to be acknowledged and considered in reaching a final determination as to the location of the boundary line; WHEREAS„ in order to accomplish the aforementioned consideration of existing conditions, a series of public outreach and joint Boards of County Commissioners work sessions meeting over three years were held to create a dialogue and seek input and develop alternatives. 28 Attachment 3 WHEREAS, to create an orderly process a 2010 Local Bill 1362 (Session Law 2010-61) was approved to set parameters of boundary line adjustment and set forth future implementation steps. WHEREAS, after due consideration and deliberation by both Boards. of County Commissioners has produced a common agreement to the location of a proposed new line as illustrated in Map 1, noting that the vast majority of the line is based on the NCGS work. WHEREAS, Map 1 will be further developed into a new boundary description that meets the criteria of the state's office of the Department of Environment and Natural Resources (DENR)/North Carolina Geodetic Survey (NCGS) section for incorporation into a bill to be submitted for the 2011 session to become effective, if approved, on January 1, 2012. NOW, THEREFORE, BE IT RESOLVED THAT the Orange County and Alamance County Board of Commissioners: 1. Approve portions of the NCGS line from 2008 and all changes depicted on Map 1. 2. Proceed to survey and describe new boundary consistent with state rules 3. Proceed towards the development of a 2011 Local Bill which would create a new boundary and 4. Upon adoption of the boundary line by the North Carolina General Assembly. pursuant to the North Carolina Constitution, record the.map showing boundaries and monuments of the USGS and NC State Plane Coordinate System with the Office of the. Register of Deeds of both counties and in the Secretary of State office. The map shall contain a reference to the date of each resolution of ratification and to the page in the minutes of each Bvard of County .Commissioners where the resolution map be found. 5. Upon formal adoption by the North Carolina General Assembly, the map is conclusive as to the location of the boundary. This Resolution takes effect immediately. Upon motion of Commissioner ,seconded by Commissioner ,the foregoing resolution was adopted this the 20th day of May, 2008. I, Donna S. Balser, Clerk to the Boardof Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the Minute Book of the Board. WITNESS my hand and the seal of said County, this_day of 2008. Clerk to the Board of Commissioners I, ,Clerk to the Board of Commissioners for the County of Alamance, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the Minute Book of the Board. WITNESS my hand and the seal of said County, this_day of 2008. Clerk to the Board of Commissioners