HomeMy WebLinkAboutS Deed of Hyw Right of Way Smith Level RoadRevenue Stamps $
DEED FOR HIGHWAY RIGHT OF WAY
THIS INSTRUMENT DRAWN BY Joseph F. Parrish CHECKED BY
The hereinafter described property ^ Does ® Does not include the primary residence oft rantor.
RETURN TO: Lois Little, Division Right of Way Agent - NCDOT
PO Box 14996
Greensboro, NC 27415-4996
NORTH CAROLINA
COUNTY OF Orange
TAX MAP AND LOT 9777487979_ _
TIP NO.:
WBS ELEMENT:
TIP/PARCEL NO.:
DESCRIPTION:
U-2803
34860.2.1
U-2803 001
Smith Level Rd (SR 1919)
THIS FEE SIMPLE DEED, made and entered into this the day of 2011
by and between Orange County
131 West Margaret Lane
Hillsborough, 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:
Point 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
facility with all necessar,~ poles and appurtenances, together ~~:ith 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 all 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.
SPECIAL PROVISIONS. This deed is subject to the following provisions only: NONE
FRM7-A
Page 1 of,2
COUNTY: Orange WBS ELEMENT: 34860.2.1 TIP/PARCEL NO.: U-2803 001
The property hereinabove described was acquired by the GRANTORS by instrument(s) recorded in the
Orange County Registry in Deed Book 4246 Page 161
The final right of way plans showing the above described right of way are to be certified and recorded in the
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.
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 all 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 for 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 claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property
hereinabove described is hereby conveyed subject to the following exceptions: DEB abtor akes n~f ~arranb
as to the marketability or encumbrances and will notdefend title agairns~ any c~aim. ']"
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: .. ,'
ager)
(County Clerk)
ACCEPTED FOR THE
(SEAL)
SEAL)
EAL)
(SEAL)
OF TRANSPORTATION BY:
North Carolina, ®~~ County
I, fi Notary Public for ~1a,~,,,~ County,
North Carolina, ce ity that s ,CLERK of
Oran a County, personally came before me this day and being duly sworn,
says that he/she knows the c mmon seal of Orange County, and is
(Off~c`~~tr~~~~l~u~,~ acquainted with ~~vc- ; MANAGER of Orange County,
,~Ftir;~~~, ivy. i,:~°:f~i,,~, and that he/she is the CLERK of Orange County and saw the said MANAGER
,~'A~~°'' ~`''`f`'. of Orange County sign the foregoing, and the seal of said Oran e
r .,~~,~~~,~„ ~ 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,.
P~~L1C ~ = and he/she signed his/her name in attestation of said instrument, and that the said
~` instrument is the act and deed of the said Orange County.
`'''~•9,MC~,~,~~~~•~°°~ Witnes my hand and official seal this the ~ day of
20 ~11_p.
~~G~.~!
otary Public
My commission expires: /O ~ /.~' ,Z~/ 7
FRM7-A
Page 2 of 2
SUMMARY STATEMENT/OFFER TO PURCHASE REAL PROPERTY
DUE TO 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
DATE: 7/22/11
TO: Lessee, if Applicable
WBS ELEMENT;
PARCEL NO.:
Dear Property Owner:
34860.2.1
001
The following offer of just compensation is based on the fair market value of the property and is not less than the
approved appraised value for the 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 Appurtenances Considered as Realty)
Damages, if any, to Remainder
Benefits, if any, to Remainder
TOTAL
$ 0
$ 0
$ 0 minus
$ 0
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 approximately 62.320 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.
(C). Should you desire to sell the Department the portion of your property considered to be an uneconomic
remnant/buildable tot, as explained to you by the Right of Way Agent, the total offer would be: $ N/A
I 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
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Revenue Stamps $
. DEED FOR HIGHWAY RIGHT OF WAY
i
THIS INSTRUMENT DRAWN BY Joseph F. Parrish CHECKED BY ~
The hereinafter described property ^ Does ® Does not include the primary residence oft rantor.
RETURN TO: Lois Little, Division Right of Way Agent - NCDOT
PO Box 14996
Greensboro, NC 27415-4996
NORTH CAROLINA TIP NO.:
COUNTY OF Orange WBS ELEMENT:
TAX MAP AND LOT 9777487979 TIP/PARCEL NO.:
DESCRIPTION
U-2803
34860.2.1
U-2803 001
Smith Level Rd (SR 1919)
THIS FEE SIMPLE DEED, made and entered into this the day of 2011
by and between Orange County
131 West Margaret Lane
Hillsborough, 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:
Point 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
facility with all necessary poles and appurtenances, together ~.:~ith the right at all tmmes 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 all 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.
SPECIAL PROVISIONS. This deed is subject to the following provisions only: NONE
FRM7-A
Page 1 of 2
34860.2.1
The property hereinabove described was acquired by the GRANTORS by instrument(s) recorded in the
' Orange County Registry in Deed Book 4246 Page 161
The final right of way plans showing the above described right of way are to be certified and recorded in the
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.
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 all 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 for 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 claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property
hereinabove described is hereby conveyed subject to the following exceptions: NONE
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:
(County Manager)
(County Clerk)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY:
North Carolina, County
1, , 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 he/she 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 he/she 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 official seal this the day of
20 11 _ .
Notary. Public
commission