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HomeMy WebLinkAboutAgenda - 12-16-1997 - 8b F 7 ` 1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 16, 1997 Action Agenda Item# SUBJECT: Hillsborough sewer easement request DEPARTMENT: County Manager PUBLIC HEARING: Yes x No ATTACHMENT(S): BUDGET AMENDMENT: Yes x No Easement agreement INFORMATION CONTACT: County Engineer Extension 2303 - Under separate cover: easement plat TELEPHONE NUMBERS: orthophoto/tax map Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill . - 967-9251/968-4501 PURPOSE: To present a proposed sewer easement agreement to the Board of County Commissioners for its approval and execution BACKGROUND: The Town of Hillsborough has, for some time, experienced operational problems with an aging sewer pump station located at the end of Daye Street in the northern Fairview community. As a part of its ongoing efforts to upgrade its sewer collection system, the Town has planned to replace the Daye Street pump station and force main with a gravity sewer line which will drain toward the south and west. The path of this line crosses a small, undeveloped tract of land (4.32.A.8), owned since 1977 by Orange County- probably by way of a judgment against the property owner for non- payment of property taxes. As with other property owners along the proposed sewer line route, the Town must secure from the County a permanent twenty-foot wide sewer construction, maintenance and access easement across the property. The easement acquisition map and orthophoto/tax map, provided under . separate cover, show the location(vicinity) and configuration of the County's property and the position of the proposed easement on the property. These maps reveal that the County property is a landlocked (having no roadway frontage or access or easement to a roadway), 2 - somewhat irregularly shaped tract of land, approximately seventy to ninety feet wide by three hundred and sixty feet long and containing less than three- quarters of an acre. The survey map also indicates that there is a creek running north to south across the extreme eastern end of the property and that the proposed sewer line and easement He very close to and approximately parallel with that creek. Important physical and topographical attributes of the property that are not revealed by the mapping include: a) nearly the entire tract is densely covered by trees and undergrowth; and b) the entire tract appears to be contained within a poorly drained, low-lying area. As this property is currently exempt from ad valorem taxes, no current tax or market valuation is available for the property. Consequently, there is no estimate available for the value of the easement. Given the circumstances that the property is landlocked, poorly drained, has no existing sewer service, and probably has no on-site sewer option, it is probable that the tax and - market value of the property would be nominal. Creating and clearing the proposed sewer easement and installing the sewer line are unlikely to reduce the value of the property. Conversely, providing access to sewer service in conjunction with acquiring some sort of access to a roadway could make the property developable and should increase the value of the property. RECOMMENDATION: The administration recommends that the Board: a)convey the easement to Hillsborough;b) authorize the Chair, the County Manager and the County Attorney to determine the value of the easement-if any, devise modifications(consistent with the intent of the easement agreement)to the agreement as required to secure accord among the parties to the easement agreement, and negotiate a settlement-if necessary-with Hillsborough; and c) authorize the Chair to approve the settlement-if any-and to sign and execute the agreement. 3 STANDARD FORM ORANGE COUNTY DEED OF EASEMENT NORTH CAROLINA (SEWER LINE EASEMENT) THIS DEED OF EASEMENT, made this day of , 19___, by and between Orange County,North Carolina("Grantor")and the Town of Hillsborough,North Carolina, a municipal corporation, 101 East Orange Street, P. O. Box 429, Hillsborough, North Carolina _27278(the"Town"): 3YMMSSETH: THAT WHEREAS, Grantor is the owner of certain real property located in Hillsborough Township,being identified in Plat Book 57 Page 63 and being more specifically described in Book 272, at Page 1319, Orange County Registry(the"Property"); THAT WHEREAS,the Town of Hillsborough proposed to construct or otherwise improve its sewer system along or near Daye Street and NC 70; NOW,THMEFORE, Grantor does hereby donate,give, grant, quitclaim, and convey unto the Town of Hillsborough,its successors and assigns,the right privilege and perpetual easement over, upon and through the Property to construct,install, maintain, repair, modify or remove underground sewer lines, all as more specifically described and located on a copy of a plat which is recorded in Book 4 74, at Page 153 Orange County Registry, said easement being a twenty foot wide permanent easement;together with a 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. The Town of Ffillsborough shall remove all surplus earth, shall make level the surface of the ground above said lines and apparatus, and shall interfere as little as is reasonably possible with any plants, fences,or other improvements upon the property,provided that such plants,fences and other improvements shall not interfere with the right of the Town of Hillsborough of ingress and egress to the Property for the purpose of maintenance and repair of said main or mains or the construction and repair of laterals and connections, and such plants, fences and other improvements shalt not interfere with the Town of Hillsborough's maintenance operation or installation of the lines. The Town of Hillsborough shall also have the right of ingress and regress through, over, and across the Property to and from said easements at such times as the Town of FOsborough deems it necessary for the purpose of constructing, maintaining, and inspecting said lines and of making all necessary alterations and repairs thereto. 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 effect the said rights, privileges and easements conveyed herein. S (Seal) IN TESTIMONY W MEOF, Grantor has hereunto set his hand and seal the year and day first above written STATE OF NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public for said County and State, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal. Notary Public My commission expires: