HomeMy WebLinkAboutAgenda - 08-23-2011 - 5pORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 23, 2011
Action Agenda
Item No. 5
SUBJECT: Smith Level Road Right-of-Way Donation to the North Carolina Department of
Transportation
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) 0
ATTACHMENT(S): INFORMATION CONTACT:
1. Letter from NCDOT Craig Benedict, 245-2592
2. Offer to Purchase Mila Vega, 245-2582
3. Deed/Agreement Tom Altieri, 245-2579
4. NCDOT Preliminary Plan
5. Parcel Map
PURPOSE: To review and approve a request submitted by the North Carolina Department of
Transportation (NCDOT) related to the potential Right-of-Way (ROW) dedication by the County
to NCDOT.
BACKGROUND: NCDOT has been working collaboratively with the Town of Carrboro on the
design of the proposed improvements to Smith Level Road. The purpose of the project is to
improve traffic capacity, bicycle and pedestrian access, and improve vehicle, pedestrian and
bicycle safety. The project is located within Carrboro's jurisdiction. It is included in the approved
2009-2015 State Transportation Improvement Program (STIP). A miniscule portion of the
Carrboro High School site is impacted.
The project involved a number of revisions and currently consists of the following components:
• Installing sidewalks on both sides of the road from Willow Oak Lane to Woodcrest Drive
and on the west side of the road from the bridge over Morgan Creek to Willow Oak Lane
• Installing bike lanes on both sides of the road
• Widening Smith Level Road to a two-lane road with curb-and-gutter, divided by a grass
median, from the bridge crossing Morgan Creek to BPW Club Road, including a shielded
median break allowing left turns from Smith Level Road onto Willow Oak Lane
• Widening Smith Level Road to a three-lane road with curb-and-gutter, including two
through lanes and a center turn lane, from BPW Club Road to Rock Haven Road
• Installing sidewalks on both sides of Culbreth Road from Smith Level Road to Rossburn
Way
• Constructing a roundabout at the intersection of Smith Level Road and Rock Haven
Road
• Installing two pedestrian refuge islands between BPW Club Road and Culbreth Road.
NCDOT has submitted a request (Attachments 1 through 4) to the County to authorize aRight-
of-Way donation in order to construct a sidewalk segment along Smith Level Road. The request
includes the following:
2
1. .022 acres Right-of-Way
2. .005 acres Aerial Utility Easement
The County Attorney has suggested a modification to the Deed for Highway Right of Way
document sent by NCDOT. Changes were made regarding warranty of the title and the
document in Attachment 3 reflects the attorney-recommended modification.
FINANCIAL IMPACT: There is no financial impact pertaining to this item. Given the miniscule
size of the area requested for dedication, there is little associated monetary value.
RECOMMENDATION(S): The Manager recommends the Board review and approve the
NCDOT ROW dedication request and authorize the Manager and Clerk to sign the agreement.
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STATE OF NORTH CAROLINA
DEPART7VIENT OF TRANSPORTATION
Beverly Eaves Perdue P.O. BOX 14996 GRF.E2•ISBORO, NC 27415-4996
GOVERNOR
July 22, 2011
PROJECT: 34860.2.1
ID NO.: U-2803 001
COUNTY: Orange
DESCRIPTION: Smith Level Road
SUBJECT: Deed for Highway Right of Way
Orange County
131 West Margaret Lane
Hillsborough, NC 27278
Dear Deborah Graham,
Attachment 1
EugeneA. Conti, Jr.
SECRETARY
My name is Joseph F. Parrish, Right of Way Agent for the NCDOT. Previously, I spoke with Mr. Craig Benedict
and I under the impression that he forwarded an emailto you dated July 13, 2011 concerning Smith Level Road On
July 21, 2011 I had a conversation with Mr. Benedict I explained that I needed to forward the agreement form for
what NCDOT hopes will be a property donation. At that time, he informed me that you would be working with
NCDOT on this matter.
I have enclosed the following: copy of Summary Statement/Offer l OB, Deed for Highway Right of Way FRM7-A,
and plan sheet 4 with the requested right of way area shaded in red and aerial utility easement in light gray.
Furthermore, the map gpin# is 9777487979 or Deed Book 4246 and pages 161.
Please have the Deed for Highway Right of Way FRM7 A signed and notarized In addition, please provide the
minutes from the County Commissioners that appoint the County Manager and Clerk to sign the agreement for this
transaction. An addressed envelope has been provided for the return of the FRM7-A and minutes. If there are
additional questions or concerns, please feel free to call me at (336) 3343515 X 108 or email at
jfparrish(cr~,ncdot.gov. To add, if I am not available please ask for Lois Little.
Thank you for all your assistance with this matters
'1 ~, ~, 3
,.-.
Joseph F. Parrish
Right of Way Agent
Enclosures
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY
PO BOX 14998
GREENSBORO, NC 27415-4996
TELEPHONE: 338-334-3515
FAX: 336-334-5331
WEBSITE: YYWW.DOH.DOT.STATE.NC.US
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LOCATION:
1101 E. WENDOVERAVENUE
GREENSBORO, NC
Attac~me~~t2
SUMMARY STATEMENT/OFFER TO PURCHASE REAL PROPERTY
DUE TD THE ACQUISITION OF RIGHT OF WAY AND DAMAGES
TO: Orange County
131 West Margaret Lane
Hillsborough NC 27278
TIP NO.: U-2803
COUNTY Orange
DESCRIPTION: Smith Level Road
Dear Property Owner:
DATE: 7/22/11
TO: Lessee, if Applicable
WBS ELEMENT: 34860.2.1
PARCEL NO.: 001
The following offer of just compensation is based ~n the fair market value-of-the property and is not less than the
approved appraised value forthe appropriate legal compensable interest or interests. The approved value disregards any
increase or decrease in the fair market value of the property acquired due to influence caused by public knowledge of this
project. The offer of just compensation is based on an analysis of market data, comparable land sales, and, if applicable,
building costs in the area of your property. Please retain this form as it contains pertinent income tax information.
Value of Part Taken (Includes Land, Improvements
And AppurtenarTCes Considered as Realty)
Damages, if any, to Remainder
Benefits, if any, to Remainder
TOTAL
The total offer includes all- interests other than leases involving Federal Agencies and Tenant owned improvements.
(A) Description of the land and effects of the acquisition by easement [ ] and deed [X]:
Subject property described in Deed Book 4246, page 161, Orange County Registry, contains approximatelyfi2.320 acres
of which .022 acres is being acquired as right of way, leaving 62.298 acres remaining on the left severed with access/with
access to (Smith Level Road) Also being acquired is an aerial utility easement containing approximately .005 acres.
(B) The offer for improvements considered as realty includes payment for the improvements and appurtenances
described below. Should you desire to retain these improvements, you may repurchase them for a retention value with
the stipulation that you-remove them from the acquisition area at no expense to the Department.
None
(C) Should you desire to sell the Department the portion of your property considered to be an uneconomic
remnant/buildable lot, as explained to you by the Right of Way Agent, the total offer would be: $ N/A
will be available at your convenience to discuss this matter further with you. My telephone number is 336-334-3515
Ext 108, in Greensboro ,North Carolina.
The original of this form was handed/mailed, if out of state owner, to Orange County
22 on July 20 11 .Owner was furnished a copy of
the Right of Way Brochure/Owner's Letter.
(Signed)
Right of Way
0
$ 0 minus
$ 0
FRM10-B
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5
Revenue Stamps $
DEED FOR HIGHWAY ~IGH~ OF WAY
THIS INSTRUMENT DRAWN BY Joseph F. Parrish CHECKED BY
The hereinafter described property ^ Does ~ Does not include-the primary residence of ~ cantor.
RETURN TD: Lois Little, Division Right of Way Agent - NCDOT
PO Box 1-4996
Greensboro, NC 27415-4996
NORTH CAROLINA
COUNTY OF Orange
TAX MAP~4ND LOT 9777487979
TIP -NO.:
WBS ELEMENT:
TIPlPARCEL NO.:
DESCRIPTION:
U-2803
34860.2.1
U-2803 001
Smith Level Rd (SR 191.9)
THIS FEE SIMPLE DEED, made and entered Into-this the day of 2011
by and between Orange County
131 West Margaret Lane
Hillsboroucrh, NC 27278
hereinafter referred to as GRANTORS, and the Department of Transportation, an agency of the State of North Carolina,
1546 Mail Service Center, Raleigh, NC 27611, hereinafter referred to as the Department;
WITNESSETH
That the GRANTORS, for themselves, their heirs, successors, and assigns, for and in consideration of the sum
of $ 1.00 agreed to be paid by the- DEPARTMENT to the GRANTORS, do hereby give,
grant and convey unto the DEPARTMENT, its successors and assigns, in FEE SIMPLE that certain property located in
Chapel Hill Township, Orange County, North Carolina, which is particularly described as follows:
Paint of beginning being N 62^08'17.1" W, 29.414 feet-from -L- Sta. 13+00; thence to a point on a bearing of N
28^05'9.2" E, 51.012 feet; thence to a point on a bearing of N 89^33'43.9" W, 23.417 feet; thence to a point on a bearing
of S 27^51'42.9" W, 40.226 feet; thence to a point on a bearing of S 62^08'17.1" E, 20.586 feet; returning to the point
and place of beginning. Having an approximate area of 0.022 acres.
IN ADDITION, and for the aforestated consideration, the GRANTORS further hereby convey to the DEPARTMENT,
its successors and assigns the following described areas and interests:
Aerial Utility Easement described as follows:
Point of beginning being N 62^08'17.1" W, 50.000 feet from -L- Sta. 13+00; thence to a point on a bearing of N
27"51'42.9" E, 40.226 feet; thence to a point on a bearing of N 89^33'43.9" W, 6.760 feet; thence to a point on a bearing
of S 27^51'42.9" W, 37.113 feet; thence to a point on a bearing of S 62^08'17.2" E, 6.000 feet; returning to the point and
place of beginning. Having an approximate area of 0.005 acres.
Said Aerial Utility Easement in perpetuity is for the installation and maintenance of an aerial utility facility, and for all
purposes for which the DEPARTMENT is authorized by law to subject same. The Department and its agents or assigns
shall have the right to construct and maintain in a proper manner in, upon and through said premises an aerial utility
facilifi; vrith all necessary poles and appurteriances, together :arith the right at all times to enter said premises for the
purpose of inspecting said utility lines and making all necessary repairs and alterations thereon; together with the right to
cut away and keep clear of said utility lines, all trees and other obstructions that may in any way endanger or interfere
with the proper maintenance and operation of the same with the right at ail times of ingress, egress and regress. It is
understood and agreed that the Department shall have the right to construct and maintain the cut and/or fill slopes in the
above-described aerial utility easement. It is further understood and agreed that said aerial utility easement shall be
used by the Department for additional working area during the above described project.
e~eni^i oonvi~innic rw~.. ,~,,,,,~ :,. ,...~.:,,..a a.. a~... s..u.....: ..................... ....i.,. .~r.~~r
,,,.. ~~~~ ~~.~~~. rruy pnu~~.a u~wrru~y u~c cn.,vvc ~aw~.~ivcv i~y~~~vi vvay aic w uc ~,ciuncu auu icwiuGU ui uic
Office of the Register of Deeds for said County pursuant to N.C.G.S. 136-19.4, reference to which plans is hereby
made for purposes of further description and for greater certainty. 6
The Grantors acknowledge that the project plans for Project # 34860.2.1 have been made available to
them. The Grantors further acknowledge that the consideration stated herein is full and just compensation pursuant to
Article 9, Chapter 136 of the North Carolina General Statutes for the acquisition of the said interests and areas by the
Department of Transportation and for any and all damages to the value of their remaining property; for any and all
claims for interest and costs; for any. and all damages caused by the acquisition for the construction of Department of
Transportation Project # 34860.2.1 Orange County; and-for the past and future use of said areas
by the Department of Transportation, its successors and assigns for all purposes-for which the said Department is
authorized by law to subject the same.
TO HAVE AND TO HOLD the aforesaid premises and a!I privileges and appurtenances thereunto belonging to
the DEPARTMENT, its successors and assigns in FEE SIMPLE, or by easement as indicated, for the past, present and
future use thereof and far all purposes which-the said Department is authorized by law to subject the same.
And the GRANTORS covenant with the DEPARTMENT, that the-GRANTORS are seized of the premises in
fee simple, _have the right to convey the same in fee simple, or by easement as indicated, that the title thereto is
marketable and free and clear of all encumbrances, and that the GRANTORS will warrant and defend the title against
the lawful_ckaims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property
hereinabove described is herebfy cpnlveyed subojec~t to the foIloV~in~ g~CCegtior~s: NONE GRANTOR makes no warranty
as to the marketability o tit e or en u rances an n t efen title against any claim.
IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and seals {or if_corporate,_has
caused the 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 Directors) the day and year first above written.
ORANGE COUNTY
BY:
(SEAL)
(SEAL)
(SEAL)
{SEAL)
{bounty Manager)
(County Clerk}
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION 6Y:
North Carolina, County
a Notary Public for County,
North Carolina, certify that , CLERK of
Oran a County, personally came before me this day and being duly sworn,
says that helshe knows the common seal of Orange County, and is
(Official Seal) acquainted with ,MANAGER of Orange County,
and that he/she is the CLERK of Orange County and saw the said MANAGER
of Orange County sign the foregoing, and the seal of said Orange
County was affixed to said instrument by the said CLERK of Orange County,
all by order of the County Board of Commissioners of said Orange County,
and helshe signed his/her name in attestation of said instrument, and that the said
instrument is the act and deed of the said Orange County.
Witness my hand and ofF[cial sea[ this the day of
20 11 _ .
Notary Public
commission
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Smith Level Road Rig ht-of-Way Attachment 5
Donation Re-quest by NCDOT 8
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ROCK HAVEN RD
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Parcel Owner -Orange County
Parcel PIN 9777487979
NCDOT requested:
1) .022 acre ROW
2) .005 acre Aerial Utility Easement
~Y N E WOODS-~
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