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HomeMy WebLinkAboutS N.C. Department of Transportation Request for Right-of-way at McDougle Elementary SchoolAmendment/Supplemental Conditions to Orange County / NCDOT Easement/Right -of -way Agreement on McDougal School Property The County of Orange agrees to provide NCDOT with the easements and rights - of -way requested on the McDougal School property in Carrboro, NC, in accordance with the terms and conditions specified on the attached deed /temporary easement but with the following supplemental conditions: 1. NCDOT and its construction forces will repair, replace, remediate, etc., as required all construction related damage to school property, infrastructure and landscaping; 2. NCDOT and its construction forces will coordinate any on -site (McDougal school property) construction activities impeding ingress and egress to McDougal school with the Chapel Hill / Carrboro Board of Education and McDougal school officials. For the County of Orange, NC By Chair Stephen H. Halkiotis Attest: i7 / i _ him Accepted for th Departure t of Transportation Y: — : .. _ It MICHAEL F. EASLEY GOVERNOR M S�Rp� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O. BOX 14996 Greensboro. NC 2731 5-996 March 19, 2001 STATE PROJECT: 9.8070220 I. D. #: U -3100A COUNTY: Orange DESCRIPTION: Improvement of Hillsborough Road Orange County Mr. Paul Thames, County Engineer P.O. Box 8181 Hillsborough, NC 27278 Dear Mr. Thames: LYNDO TIPPETT SECRETARY Thank you for your cooperation in the acquisition of County Property for the above project. Please accept the details of this letter as conditional acceptance of the amendments requested by the County. My intended meaning of Conditional is that the Department will repair the temporary damage to the construction areas as it relates to the project in a manner to restore the property to the way it exists now. On March 7, 2001, I met with Mr. Patrick Wilson, Resident Engineer, at the McDougal School Property. Mr. Wilson stated that we could work around the chain link fencing at the rear entrance, therefore we do not anticipate damaging the fence. There were no bushes or landscape items within the easement area, therefore the contractor will re -seed the disturbed areas after completion of the work. There is a small entrance sign within the easement. Mr. Wilson said they would stockpile the sign and have it erected again upon completion of the work. All curbing, pavement, drainage, and sidewalk will be properly tied to the new road. Mr. Wilson further stated that he anticipates much of the work taking place during summer months while school is out, but will contact the school concerning the traffic on the project. Please share this information with the proper Authorities. Once again, thank you for your assistance. If further discussion is needed, please contact me by email at rluttle "u dot. state 1C Uz, or by phone at (336)334 -3515. Sincerely, r, R.D. Tuttle Senior Right of Way Agent RDT Cc: Pat Wilson, Resident Engineer IF INCORRECT RETURN TO NC DEPARTMENT OF TRANSPORTATION Date 03 -28 -2001 Warrclnt No. 1138526 CONTROLLER'S OFFICE RALEIGH NC 27699 -1515 43332 080+ FREIGHT NET AMOUNT INVOICE NUMBER INVOICE DATE OR CONTRACT INVOICE AMOUNT ( -) DISCOUNT () 5,175.00 5,175.00 Detach stub before depositing _ _ _ TOTAL: 5- 175.00 - -5 .175.00 Remarks ACQUISITION OF RIGHT OF WAY ©Ef?ARTMENT OF TRANSPQRT�iTIUN RA<.EI H, NORTH CAR0.6i 27$99 15 5 D #e 3 - 28 -2001 PaY AIt10Unt $5,175.00;` to the Order of Illings I Officer Raleigh otfh line i5ra1 Re ystem 'ry ! r State Project No NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY WARRANT DELIVERY CERTIFICATION 9.8070220 Federal Project No. N/A Claimant Orange County County Orange Parcel No. 48 I. D. No. U -31 00A I hereby certify that Department of Transportation Warrant Number 1138526 in the sum of $ 5,175.00 was delivered personally by me to the payee, ,on ,20 01 The following deductions or charges were made from the warrant. ITEMIZED DEDUCTIONS OR CHARGES NONE Total deductions or charges We, acknowledge receipt of the sum as set forth above: (SEAL) (SEAL) (SEAL) $ 0.00 $ 0.00 (SEAL) (SEAL) (SEAL) NOTICE TO PROPERTY OWNER: Under the N. C. Statutes, you are eligible to be reimbursed for a portion of your current real property taxes prorated on time and value of area acquired by the Department of Transportation, and also any penalties for prepayment actually paid and necessarily incurred by the acquisition on any mortgages entered into in good faith. For a determination of eligibility to receive payment for the above, you may submit your paid receipts to the Right of Way Office which handled your claim, the receipts will be forwarded to Raleigh for prorating and payment. Should any additional information be required, contact R.0 Sr. Right of Way Agent , Telephone Number cc: Property Owner Central Office RAN Form 12.201 Rev. July 1977 Tuttle (336) - 334 -3515 �1 (W�' t-- Si na re f Closing Attorney or Agent OFFICE FOR THE PERMANENT AGENDA FICA THis 1N37RUMENT DRAWN BY CHECKEU UY a 7,01 rAtd. to: Division Right of Way Agent P. O. Box 14996 Greensboro, North Carolina 27415 -4996 NORTH CAROLINA STATE HIGHWAY PROJECT 9.8070220 COUNTY OF Orange F.A. PROJECT WA TAX MAP AND LOT 7.108..31C I.D. NUMBER U -3100A PARCEL NUMBER 48 THIS FEE SIMPLE DEED, made and entered into this the day of 20 by and between hereinafter referred to as the GRANTORS, and the Department of Transportation, an agency of the State of North Carolina, 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 $ 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 the right of way located in Chapel Hill Township, Orange County, North Carolina, which is particularly described as follows: Beginning at a Northwestern Property Corner of the Grantors, same being a Southwestern Property Comer of the Orange Water and Sewer Authority, now or formerly; thence to a point on a bearing of S 12 -00 -00 E, a distance of 8.43 meters (27.7 feet); thence to a point on a bearing of N 79 -10 -00 E, a distance of 2.23 meters (7.3 feet); thence to a point on a bearing of N 12 -39 -00 W, a distance of 7.97 meters (26.2 feet); thence to a point on a bearing of N 88 -45 -00 W, a distance of 2.19 meters (7.2 feet); returning to the point and place of beginning. TO HAVE AND TO HOLD the aforesaid right of way and all privileges and appurtenances thereunto belonging to the DEPARTMENT in FEE SIMPLE. The property hereinabove described was acquired by the GRANTORS by instrument(s) recorded in the Orange County Registry in Deed Book1320 Page 35 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. This deed is subject to the following provisions only: This agreement includes as a temporary construction easement the following described areas: TRACT I - Beginning at a point lying S 88 -45 -00 E, a distance of 2.19 meters(7.2 feet) from a Northwestern Property Corner of the Grantors, same being a Southwestern Property Corner of the Orange Water and Sewer Authority, now or formerly; thence to a point on a bearing of S 12 -39 -00 E, a distance of 7.97 meters (26.2 feet); thence to a point on a bearing of S 79 -10 -00 W, a distance of 2.23 meters (7.3 feet); thence to a point on a bearing of S 12 -00-00 E, a distance of 5.21 meters (17.1 feet); thence to a point on a bearing of N 15 -48 -30 E, a distance of 11.42 meters (37.5 feet); thence to a point on a bearing of N 12 -42 -30 W, a distance of 2.29 meters (7.5 feet); thence to a point on a bearing of N 88 -45 -00 W, a distance of 3.25 meters (10.7 feet); returning to the point and place of beginning. TRACT II - Beginning at a point lying N 89 -19 -00 E, a distance of 271.64 meters(891.2 feet) from a Northwestern Property Comer of the Grantors, same being a Southwestern Property Corner of the Orange Water and Sewer Authority, now or formerly; thence to a point on a bearing of S 33 -09 -30 E, a distance of 16.05 meters (52.6 feet); thence to a point on a bearing of S 21 -11 -00 W, a distance of 21.45 meters (70.4 feet); thence to a point on a bearing of S 06 -19 -30 E, a distance of 25.88 meters (84.9 feet); thence to a point on a bearing of N 83 -18 -00 E, a distance of 19.00 meters (62.3 feet); thence to a point on a bearing of N 03 -20 -00 W, a distance of 17.03 meters (55.9 feet); thence to a point on a bearing of N 60 -23 -00 E, a distance of 8.48 meters (27.8 feet); thence to a point on a bearing of S 44 -24 -00 E, a distance of 3.63 meters (11.9 feet); thence to a point on a bearing of N 03 -39 -30 W, a distance of 7.71 meters (25.3 feet); thence to a point on a bearing of N 40 -13 -30 W, a distance of 39.98 meters (131.2 feet); thence to a point on a bearing of N 88 -45-00 W, a distance of 5.36 meters (17.6 feet); returning to the point and place of beginning. The undersigned property owners, recognizing that the DEPARTMENT has the right to make adjustments to the road within the existing right of way and further understanding that such adjustments might disrupt our driveway, request that the DEPARTMENT enter upon our lands outside of the right of way to the extent as is necessary to reconnect our driveway, and we will have no claim as a result of the reconstruction of said driveway. 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 temporary construction easement area until such time that the property owners alter the adjacent lands in such a manner that the lateral support of the cut and/or fill slopes is no longer needed. Any additional construction areas lying beyond the cut and/or fill slopes and extending beyond the right of way limits will terminate upon completion of the project. R/W D -1 January 1995 (tv) 1 ' Project 9.8070220 Parcel: 48 The GRANTORS by the execution of this instrument, acknowledge that the plans for the aforesaid project as they affect their property have been fully explained to them or their authorized representative. 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, 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 con- veyed subject to the following exceptions: Orange County The Chapel Hill — Carrboro Board of Education BY: BY: (Chairman) (Chairman) ATTEST: ATTEST: (Clerk) (Clerk) ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY: STATE OF 4�xlr COUNTY 1, a Notary Public o �itdsi�� County, North Carolina, 66 hereby certify that Q— personally came before me this day and acknowledged that she/he is the Clerk of the B and of County Co missioners of County, a body politic and corporate; that the seal affixed to the foregoing instrument in writing is the corporate s6fal of said County and was affixed by her/him; that the sal instrument was signed in the name of .c lr County by Chairman of the Board of CountfCommissioners of said County and attested by said as Clerk of the said Board and that the said instrument is the act and deed of ounty. Witness my hand and official stamp or seal, this the o2 % day of '20 a My Commission Expires: /,0 / 3 '9200 4±__ N /'/ Notary Public STATE OF COUNTY This day of 20 personally came before me, Clerk of the County Board of Education, who, being by me duly swom, says that he /she knows the common seal of said County Board of Education, and is acquainted with , who is Chairman of the County Board of Education and that he /she, the said saw the Chairman sign the foregoing instrument, and that he /she, the said Clerk as aforesaid, affixed said seal to said instrument, and that he /she, the said, signed his/her name in attestation of the execution of said instrument in the presence of the said Chairman of the County Board of Education. Let the said right of way agreement and this certificate be registered. Witness my hand and seal. (SEAL) The foregoing Certificate(s) of is /are certified to be correct. This instrument and this certificate are duly registered on the day of 20 in Book Page at o' clock M. REGISTER OF DEEDS FOR COUNTY BY: Deputy/Assistant - Register of Deeds R/W D-1 January 1995 (tv) 2 Amendment/Supplemental Conditions to Orange County / NCDOT Easement/Right -of -way Agreement on McDougal School Property The County of Orange agrees to provide NCDOT with the easements and rights - of -way requested on the McDougal School property in Carrboro, NC, in accordance with the terms and conditions specified on the attached deed /temporary easement but with the following supplemental conditions: 1. NCDOT and its construction forces will repair, replace, remediate, etc., as required all construction related damage to school property, infrastructure and landscaping; 2. NCDOT and its construction forces will coordinate any on -site (McDougal school property) construction activities impeding ingress and egress to McDougal school with the Chapel Hill / Carrboro Board of Education and McDougal school officials. For the County of Orange, NC By Chair Stephen H. Halkiotis AttestZzB6Ie_'4vI Clerk y X Blythe Accepted for the Department of Transportation By: