The URL can be used to link to this page

Home My WebLink AboutAgenda - 05-07-2013 - 5jSUBJECT: DEPARTMENT: ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 7, 2013 Action Agenda Item No. 5-j I of Sewer Easement for Gravellv Hill Middle School Planning & Inspections PUBLIC HEARING: (Y /N) No ATTACHMENT(S): Declaration of Easement for Sewer Line and Easement Plat INFORMATION CONTACT: Craig Benedict, 245 -2585 PURPOSE: To authorize the Chair of the Board of County Commissioners to sign easement documents for sewer utility and access for the Orange County Gravelly Hill Middle School. BACKGROUND: Orange County is in the process of acquiring sewer utility easements for the Buckhorn- Mebane Utilities Phase II project. A portion of the sewer line will be constructed on the Gravelly Hill Middle School property from the nearby sewage lift station. In October 2006 the Orange County Schools Board of Education conveyed the tract of land on which the middle school is constructed to Orange County. However, the Orange County Schools Board of Education has leased the subject property pursuant to a long term lease with the option to repurchase the property from Orange County. Due to their respective interests in the property, the consent of the County and Orange County Schools Board of Education is necessary for the construction of the sewer line on the property. The north -south extent of the easement is along the western property and does not affect any existing or future facilities. The sewer utility easement is jointly declared between Orange County and the Orange County Schools Board of Education. The declaration also provides for future conveyance to the City of Mebane which has accepted maintenance of the sewer system. The attached plat shows the location of the sewer line and easement area. The Declaration of Easement will be presented to Board of Education for approval on May 13, 2013. FINANCIAL IMPACT: There is no financial impact to the County. RECOMMENDATION(S): The Manager recommends that the Board authorize the Chair to sign the Declaration of Easement for the Sewer Line. Prepared by & Return after recording to: Sabana Ayer, Attorney, Orange County Planning Dept. PIN 9844 -05 -7652 NORTH CAROLINA, ORANGE COUNTY. DECLARATION OF EASEMENT FOR SEWER LINES THIS DECLARATION OF EASEMENT FOR SEWER LINES, made this the day of , 2013, by and between Orange County, North Carolina, P.O. Box 8181 Hillsborough, NC 27278, a body politic, organized and existing pursuant to the laws of the State of North Carolina, Party of the First Part, and the Orange County Board of Education, 200 East King Street, Hillsborough, NC 27278, a body politic organized and existing under the laws of the State of North Carolina, Party of the Second Part, collectively referred to as the "Declarants ". WITNESSETH: THAT, WHEREAS, the Orange County Board of Education has constructed a middle school on that certain tract or parcel of land located in Cheeks Township, Orange County, North Carolina and being more specifically shown as Tract A on the plat recorded in Plat Book 96, Page 86, Orange County Registry; AND, WHEREAS, the Orange County Board of Education conveyed title to the tract of land on which the middle school is located to Orange County by deed recorded in Deed Book 4014 at Page 24, Orange County Registry. However, the Orange County Board of Education has leased the subject property pursuant to the long term lease with an option to repurchase from Orange County; K AND, WHEREAS, as part of the Buckhorn- Mebane Utilities Phase 11 Project certain sewer improvements will be made to serve the middle school as are indicated on the plat entitled "Utility Easement Survey for Orange County, North Carolina, on the Property of Orange County Board of Education," dated January 2013 and surveyed and platted by Kenneth W. Rock attached hereto as Exhibit A and recorded in Plat Book at Page , Orange County Registry; AND, WHEREAS, Declarants wish to preserve in perpetuity the said sewer easements; NOW THEREFORE, in consideration of the sum of Ten and No/ 100 ($10.00) Dollars, and other good and valuable consideration, paid to Declarants, the receipt and sufficiency of which is hereby fully acknowledged, Declarants, do hereby give, grant, quitclaim, and convey unto Orange County, its successors and assigns, the right and privilege and perpetual easement over, upon and through the Property to construct, install, maintain, repair, modify or remove one or more underground sewer and /or other utility lines, all as more specifically described and located as shown on the plat recorded in Plat Book at Page , Orange County Registry; together with the perpetual right and easement to go upon the Property whenever the same is reasonably necessary for the purposes of constructing, inspecting, and maintaining said lines and making all necessary alterations and repairs thereto. Orange County its successors and assigns, in the event of any construction, inspection or maintenance of said line, shall remove all surplus earth, shall make level the surface of the ground above said lines and apparatus and shall interfere as little as reasonably possible with any plants, fences and other improvements upon the Property, provided that such plants, fences and other improvements shall not interfere with the right of Orange County, its successors and assigns, of ingress and egress to the Property for the purpose of construction, installation, maintenance and repair said sewer lines, main or mains, laterals and connections. Orange County shall also have the right of ingress and egress through, over and across the Property, to and from such easement at such times as Orange County deems it necessary for the purpose of constructing, installing, maintaining and repairing said lines; the lines of pipe shall be located at such point or points, elevations or elevations below the surface of the earth as shall be necessary for proper operation of the system, and shall be established at the proper grade for running said lines and for conveying sewage as aforesaid, and said manholes, if any shall be Page 2 of 4 at such point below or above the surface of the earth as may be necessary for the proper operation of said pipeline or lines; and Orange County shall have the right, privilege and easement to tap the line or lines and construct laterals from the main to the outside boundary of the right -of -way over which the easement and privilege extends. The parties hereto acknowledge that it is contemplated that the responsibility and ownership of the said sewer improvement shall ultimately be assumed by the City of Mebane, North Carolina, and nothing set forth herein shall prevent or restrict in any way Orange County from conveying its rights, privileges and obligations herein set forth to the City of Mebane for the operation and maintenance of the said water and sewer lines in which event all of the obligations, rights and privileges herein prescribed for and by Orange County will be, by the conveyance to the City of Mebane, merged in the conveyance to the City of Mebane. IN WITNESS WHEREOF, Orange County and the Orange County Board of Education have caused this instrument to be executed signed in their corporate names the day and year first above written. ATTEST: Donna S. Baker, Clerk to the Board of County Commissioners STATE OF NORTH CAROLINA COUNTY OF ORANGE ORANGE COUNTY NORTH CAROLINA Barry Jacobs, Chair Orange County Board of Commissioners I , Notary Public for County, North Carolina certify that Donna S. Baker personally came before me this day and acknowledged that she is the Clerk to the Board of County Commissioners for Orange County, North Carolina, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its name by the Chair of the Board of County Commissioners and attested by her as its Clerk. Witness my hand and notarial seal, this the day of My commission expires: (SIGNATURE) 2013. (PRINT OR TYPE NAME OF NOTARY PUBLIC) Page 3 of 4 M ATTEST: Patricia M. Coleman, Secretary to the Orange County Board of Education STATE OF NORTH CAROLINA COUNTY OF ORANGE ORANGE COUNTY BOARD OF EDUCATION in Donna Coffey, Chair Orange County Board of Education I, , Notary Public for County, North Carolina certify that Patricia M. Coleman personally came before me this day and acknowledged that she is the Secretary to the Orange County Board of Education, and that by authority duly given and as the act of the said County, the foregoing instrument was signed in its name by the Chair of the said Orange County Board of Education and attested by her as its Secretary. Witness my hand and notarial seal, this the day of My commission expires: (SIGNATURE) 2013. (PRINT OR TYPE NAME OF NOTARY PUBLIC) Page 4 of 4 RIEVISIBIDJ3°N201,3 6 tl!Qn- THIS MAP, IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR. CONIPLIANCE VATH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. TIE TO INTERSECTION SR 111146 AND SR 11145 [PRFl, IMINAR�)�'�'i CHARLES BROWN CM 336 PG 4918 P'IN #9834955,748 El polffis A m- WIRM 91 N 8W41'14* W LARRY WILEY DR 467 PC 647 PIN #9844,040670, CITY OF MEBAAE7 PUMP STATION L13 I =MOM I'mmilmn. LEGEND *1 CERTIFY THAT THIIS MAP WAS DRAWN UNDER MY SUPERVISION FROM AN COMPUTED POINT 0 EIP ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION 0 EIR EXISTING IRON ROD RECORDED IN BOOK 4014, PACE 24 OR OTHER REFERENCE SOURCE ROAD RIGHT-OF-WAY THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS L SURVEYED PROPERTY LINE DRAWN FROM INFORMATION IN BOOK AND PAGE (SEE PLAT) OR OTHER - UN-SURVEYED PROP. LINE� 04 REFERENCE SOURCE; THAT THE RATIO OF PRECISION OR POSITIONAL X ACCURACY DOES NOT EXCEED 0.05' (95% CONFIDENCE LEVEL). AND THAT THIS MAP MEETS THE! REOUIREMENTS OF T14C STANOAROS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROUNA (21 NICAC 56.1600).* THIS—DAY z OF 2011 PROFESSIONAL LAND SURVEYOR LIC. NUMBER Z: CAI. tl!Qn- THIS MAP, IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR. CONIPLIANCE VATH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. TIE TO INTERSECTION SR 111146 AND SR 11145 [PRFl, IMINAR�)�'�'i CHARLES BROWN CM 336 PG 4918 P'IN #9834955,748 El polffis A m- WIRM 91 N 8W41'14* W LARRY WILEY DR 467 PC 647 PIN #9844,040670, CITY OF MEBAAE7 PUMP STATION L13 I =MOM I'mmilmn. LEGEND 0 COMPUTED POINT 0 EIP EXtSTING IRON PIPE 0 EIR EXISTING IRON ROD — ROAD RIGHT-OF-WAY UTILITY EASEMENT SURVEYED PROPERTY LINE - - - - - - - UN-SURVEYED PROP. LINE�