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Home My WebLink AboutAgenda - 06-19-2012 - 5dORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 19, 2012 Action Agenda SUBJECT: Town of Hillsborough Wayfinding Signage Easement Item No. DEPARTMENT: County Attorney, PUBLIC HEARING: (YIN) No Asset Management Services n ATTACHMENT(S): Easement Document Sign Locator Aerial Photograph INFORMATION CONTACT: John Roberts, 919 - 245 -2318 Jeff Thompson, 919 - 245 -2658 PURPOSE: To consider providing a maintenance easement to the Town of Hillsborough for wayfinding signs located on County property. BACKGROUND: The Town of Hillsborough property as part of a large wayfinding signage largely near the Historic District of Hillsborough. has installed two wayfinding signs on County installation near major transportation corridors The attached easement allows Hillsborough to maintain these signs located on County property. The easement also prohibits the town from performing any sub - surface maintenance or replacement of sign "A ", which is located in a known archaeologically significant area, without a thorough review and recommendation of County Staff and approval of the Board of County Commissioners. FINANCIAL IMPACT: There is no financial impact associated with approval of the maintenance easement. RECOMMENDATION(S): The Manager recommends the Board approve a maintenance easement to the Town of Hillsborough for wayfinding signs located on County property and authorize the Chair to sign the easement. DRAFT 2 Prepared by: Tom King, AICP, CZO, Senior Planner, Town of Hillsborough Planning Department Return to: Stephanie Trueblood, Planner - Town of Hillsborough Planning Department, P.O. Box 429, Hillsborough, NC 27278 STATE OF NORTH CAROLINA COUNTY OF ORANGE REVENUE STAMP: NONE WAYFINDING SIGN PLACEMENT AND MAINTENANCE EASEMENT PIN: 9874 -05 -8785 This WAYFINDING SIGN PLACEMENT AND MAINTENANCE EASEMENT, made this day of 2012, by and between Orange County, a body politic and corporate and a political subdivision of the State of North Carolina, whose principal address is 200 South Cameron Street, P.O. Box 8181, Hillsborough, NC 27278 (hereinafter "Grantor" or "County "), with, to, and for the benefit of the Town of Hillsborough, a municipal corporation of the State of North Carolina, whose principal address is 101 East Orange Street, P.O. Box 429, Hillsborough, NC 27278 (hereinafter "Grantee" or "Town "). WITNESSETH: THAT WHEREAS, Grantor is the owner of certain real property situated in the Town of Hillsborough, Hillsborough Township, Orange County, North Carolina with a physical address of 106 East Margaret Lane, and more particularly described as follows: All of the 7.088 +/- acres identified as "Orange County —New Area = 7.088 +/- Ac." as shown on the plat and survey by Riley Surveying, P.A. entitled "Recombination Survey — Properties of Orange County" recorded in Plat Book 102, Page 36 of the Orange County Registry (hereinafter referred to as the "Property"); and WHEREAS, the Town of Hillsborough has constructed and installed two (2) freestanding "wayfmding signs" on the Grantor's property as part of the Town's official wayfmding program, at two (2) locations located on the Grantor's property as follows: 1. South Churton Street (US 70 Business/NC 86) Location Being located on the Property approximately 200 feet south of the center of the intersection of South Churton Street and East Margaret Lane; with the base of the sign being centered approximately 10 feet east of the eastern right -of -way line of South Churton Street; 2. East Margaret Lane Location Being located on the Property approximately 395 feet east of the center of the intersection of South Churton Street and East Page 1 of 3 DRAFT 3 Margaret Lane; with the base of the sign being centered approximately 40 feet south of the southern right -of -way line of East Margaret Lane and approximately 12 feet west of the westernmost driveway entrance into the Orange County Justice Center located at 106 East Margaret Lane, which is located on the Property; and WHEREAS, the Town of Hillsborough shall be responsible to maintain the two (2) signs as nearly as possible in their current condition and location except as noted in section (d) below. NOW, THEREFORE, in consideration of the foregoing and subject to the conditions described herein, the Grantor does hereby give, grant, quitclaim, and convey unto the Town of Hillsborough the right and privilege and easement over, upon and through the Property to construct, install, re- construct, maintain, repair, modify or remove the two (2) freestanding " wayfmding signs" designed and intended to assist the public in finding its way around downtown Hillsborough, and (b) to maintain the signs as nearly as possible in their current condition, at the two (2) current sign locations noted above; together with a right and easement to go upon the Property whenever the same is reasonably necessary for the purposes of constructing, inspecting, maintaining and repairing said wayfmding signs; and IT IS UNDERSTOOD AND AGREED by the parties that: a. the execution and delivery of this deed of easement by the Grantor and its acceptance by the Town of Hillsborough shall not obligate the Town to construct or re- construct the wayfinding signs; b. the Grantor shall in all other respects remain the fee owners of the Property and areas subject to this easement, and may make all lawful uses of the Property not inconsistent with this easement; c. the Grantor shall not be held responsible for any construction, reconstruction or maintenance of the signs unless such authority is released to it by the Town of Hillsborough; d. the Town shall not perform any sub -grade maintenance or modification to the sign at the East Margaret Lane location without prior written authorization by the Grantor; e. in the event the Town fails to perform the condition of the easement (maintaining the signs in their current conditions and locations except as noted in section (d) above), and Grantor or its successors, heirs or assigns notifies the Town in writing of such failure and the Town does not cure such failure to perform necessary maintenance within one hundred -eighty (180) business days of receipt of written notice, such failure will result in termination of the easement granted herein after the aforesaid one hundred -eighty (180) day cure period, and Grantor or its successors, heirs, or assigns may take possession of and remove the signs from the Property; and IT IS FURTHER UNDERSTOOD AND AGREED by the parties that the easement granted herein is for the benefit of the Town and shall not be transferred, assigned, or otherwise conveyed by the Town; and that Grantor or its successors, heirs, or assigns may re -enter and take possession of the easement granted herein in the event the Town ceases to be an incorporated municipal body. Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the rights, privileges and easements which are granted herein, that title is free and clear of all liens and encumbrances which may affect the said rights, privileges and easements conveyed herein, and Grantor will warrant and defend the title to said Property against the claims of all persons and parties whomsoever. IN TESTIMONY WHEREOF, the parties have hereunto set their hand and seal the day and year first above written. GRANTOR BY: Bernadette Pelissier, Chair Orange County Board of Commissioners Page 2 of 3 DRAFT NORTH CAROLINA COUNTY OF 1, , a Notary Public for said County and State, do hereby certify that Bernadette Pelissier, Chair of the Orange County Board of Commissioners, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal or stamp, this the day of , 2012. (Official Seal) My commission expires: , 20 NORTH CAROLINA ORANGE COUNTY Notary Public TOWN OF HILLSBOROUGH BY: Eric J. Peterson Town Manager I, Julia A. Laws, a Notary Public for said County and State, do hereby certify that Eric J. Peterson, Town Manager of the Town of Hillsborough, North Carolina, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal or stamp, this the day of , 2012. (Official Seal) My commission expires: September 5, 2012 Page 3 of 3 Julia A. Laws Notary Public !'9 Location of Sign A and B 5 N y ' . r Vi o W MARGARET LN E MARGARET LN 1�4 "I � Sign B "a? } �t t 3 Ju Mu al ur room stic Faeilit4y A d All o S eriff Adminisfiration Bfdg Cn s t � N Sign A a e a �a ler .ur u o- t # e r Cent 1 in 45 feet 0 20 ' 1wNWK=Feet ' Orange County Planning and Inspections Department ` GIS Map Prepared by Brian Carson.6/6/2012