Loading...
HomeMy WebLinkAbout2011-352 DEAPR - Alois Callemyn, Eno Mountain Homes for survey, plat for Brooks Farm Conservation Easement [Department p TITLE FY ORANGE COUNTY CONTRACT,UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this PU4 _ day of November, 2011, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Alois Callemyn, Eno Mountain Homes(the"Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: A boundary survey and recordable plat for the Brooks farm conservation easement(115 acres),Ben Johnston and Dimmocks Mill Road in Orange County,NC. The term of this agreement rendered shall be from November 15 to December 31,2011. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Three thousand three hundred fifty dollars, ($3,350). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld orpaid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. Revised July 2010 1 Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANG COUNT PROVIDER By. Cou y Manager 200 S.Cameron St. Alois Callemyn P.O.Box 8181 3500 Justamere Farm Road Hillsborough,NC 27278 Hillsborough,NC 27278 -k; This instrument has be n approved as to technical content. IL9David Stancil,Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. J. J(44—, ' Office of the Finance Director This ' strument has been approved as to form and legal sufficiency. Office of the lunty Attorney Revised July 2010 2 14, November 4, 2011 REVISED Rich Shaw, Land Conservation Manager Orange County Environment &Resource Conservation P.O. Box 8181 Hillsborough, NC 27278 RE: Survey Proposal for Dennis Brooks farm located in Orange County, PIN 9854-83-9689 and PIN 9854-92-8491. Dear Mr. Shaw: Thank you for giving me the opportunity to be of service. The attached Scope of Work and Fee Proposal outlines what is typically necessary for this type of land survey in the State of North Carolina. It is my understanding that Orange County is requesting a boundary survey of approximately 115 acres. One tract is shown on a survey by me recorded in Plat Book 94, Page 88. The other tract(10.56 acres per GIS)is shown on two separate plats. I also understand that the Brooks want to exclude areas around their house and/or shop. My proposal is to not resurvey the existing boundary lines of my plat,but use my previous survey data. I will have to resurvey the two tracts on Dimmocks Mill Road and produce a new boundary survey for the easement. The new lines for easements will be surveyed and stake as required. I will have notes on the new survey explaining the origin of data for all lines. If this proposal is acceptable to you, please sign and return. Upon receipt of this proposal we will begin work as soon as feasible. I look forward to working with you on this project. Should you have any questions, please contact me. Sincerely, Alois Callemyn, PLS Attachments: Scope of Work and Fee Proposal (919)732 3354 Fax(919 7 2 6565 ;Moli'' 91 730=5740 u alos@ callerrmyncom Page 1 of 3 SCOPE OF WORK and FEE PROPOSAL For: Rich Shaw, Land Conservation Manager By: Alois Callemyn, PLS Project: 108 acres on Ben Johnston Road, Orange County,NC,PIN 9854-83-9689 and PIN 9854-92-8491 SCOPE OF WORK-Boundary Survey of 115 Acres 1. Research A. Use existing data on above parcel area as shown on PB 94,page 88, PIN 9854-83-9689. B. Research public records for information on 10.56 acres, PIN 9854-92-8491. C. Conference with client or land owners to clarify location of easement lines and exceptions. D. Site inspection of original corners or survey control. E. Access to above land will be verified before fieldwork begins. Loss of access will require an adjustment of fees shown on this proposal. 2. Field Survey A. Boundary survey of said property showing all data on PB 94, page 88, plus 10.56 acres tract. B. Locate area around shop to exclude. C. Survey tie lines to North Carolina Geodetic Survey monuments as required by law. D. Notes about origin of all property lines and easement data. E. Flag eastern and stake four acre easement boundaries, as directed by client or land owners. 3. Mapping A. Prepare recordable plat(s) showing existing property lines and new easements. B. Set easement corners. C. No encroachments, gaps or overlaps that affect this parcel since previous survey, will not be shown. Estimated Cost of Survey Boundary survey of 13 Acres with easement $3,350.00 ACCEPTED BY: Orange County Date Page 2 of 3 .r.�w Department of Environment,, Agriculture., 'arm&Recreation November 2, 2011 MEMORANDUM TO: Alois Callemyn FROM: Rich Shaw, Land Conservation Manager SUBJECT: Request for Proposal—Conservation Easement Survey and Plat Brooks Farm (+/- 115 acres), Orange County Orange County is working with the Dennis and Linda Brooks on a project to conserve their farmland with a permanent agricultural conservation easement. This is a joint project with the Eno River Association, Orange Soil and Water Conservation District, and other funding partners. The Soil and Water office is negotiating a separate riparian buffer easement that would be held by the State of North Carolina. I understand you worked with the Brooks on recent survey(s) of their Rocking B Ranch property, including a 2004 boundary survey recorded at PB 94/88. Because of your recent knowledge and experience with this property and your willingness to share your data with the State survey crew, we would like to engage you in this project. As you know, the Brooks farmland is located at 1400 Ben Johnston Road and is comprised of two tax parcels: PIN 9854-83-9689 and PIN 9854-92-8491. The planned conservation easement would cover approximately 115 acres of the 119-acre farm. The easement would exclude the Rocking B Saddle Shop on four acres as shown on the enclosed map. We would need new irons placed at the corners of the four-acre exclusion area (Shop area), but no new irons or flagging for the overall property boundaries unless there have been changes since your 2004 boundary survey. The Brooks are also considering carving off a small northwest corner of their land for an adjacent landowner. They would employ you separately for that part of the project. We would want to receive a preliminary plat for initial review by the project partners. I would coordinate that review and provide you with comments for finalizing the plat. The Brooks want to complete and record the easement by the end of December 2011. If you are interested, please send a proposal by email or fax to me at (919) 644-3351. Thanks for your consideration. Please call if you have questions. NATURAL and CULTURAL RESOURCES DIVISION Orange County Department of Environment, Agriculture, Parks&Recreation PO Box 8181, Hillsborough, NC 27278 Phone: (919) 245-2510 Fax: (919) 644-3351