HomeMy WebLinkAboutAgenda - 12-16-1997 - 8c 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. 9-C_
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 16, 1997
SUBJECT: OWASA Easement for Water and Sewer lines at Southern Human
Services Center
DEPARTMENT: PURCHASING AND Public Hearing: Yes: No:
CENTRAL SERVICES Budget Amendment Reqd? Yes No
ATTACHMENT(S): INFORMATION CONTACT:
PAM JONES, ext. 2650
Water easement
Sewer easement Telephone Number-
Plat Hillsborough 732-8181
Chapel Hill 967-9251
Mebane 227-2031
Durham 688-7331
PURPOSE: To consider granting easements to OWASA for water and sewer lines
constructed at the Southern Human Services Center (SHS).
BACKGROUND: The Board approved the dedication of water and sewer lines serving
the Southern Human Services Center (SHS) on June 30, 1997. The corresponding
deed of easements were inadvertently not forwarded to the County so that they could be
processed simultaneously with the dedication.
The thirty foot (30') easements are depicted on the attached plat. The sewer easement
extends from our building in a northeasterly direction then north along our property line
before tying into the main line which runs east (toward Brookstone Apartments). The
water easement basically follows the access road from the building to Homestead Road.
The plat is recorded with the Register of Deeds office in plat book 78, page 88 and
specifically identifies the location of the lines and corresponding easement.
The building is nearing completion and this easement is required by OWASA in order to
have the meters installed.
RECOMMENDATION: The Manager recommends that the Board grant the thirty foot
easements for water and sewer lines to OWASA pursuant to the recorded plat and
contingent upon Attorney review of the easement documents; and authorize the Chair to
sign on behalf of the Board.
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(Corporate Water Easement Without Mortgage) i
NORTH CAROLINA
ORANGE COUNTY DEED OF EASEMENT
THIS DEED OF EASEMENT,made and entered into this the day of
19_,by and between County of Orange,hereinafter referred to as"COUNTY"and ORANGE WATER AND
SEWER AUTHORITY,a public body and body politic and corporate created and existing under Article 1,Chapter
162A of the General Statutes, with its principal office at 406 Jones Ferry Rued in Carrboro, North Carolina,
hereinafter referred to as OWASA;
WITNESSETH:
THAT WHEREAS, OWASA has constructed and proposes to construct a water distribution system for
• the use of its citizens and for that purpose has constructed and proposes to construct lines of pipe and mains
necessary for the proper transmission and distribution of waters.
NOW,THF.RFFORE,in consideration of the sum of One and No/100($1.00)Dollar and other good and
valuable considerations paid to the COUNTY,the receipt of all of which is hereby fttlly acknowledged,the said
COUNTY does hereby give,grant,quitclaim,and convey unto the OWASA,its successors and assigns,the right,
privilege,and perpetual easement to go in and upon a strip of land thirty feet (30')in width described herein and
owned by the COUNTY,lying and being in the Town of Chapel Hill,Chapel HID Township,Orange County, North
Carolina,the said strip of land thirty feet (30')in width being more particularly described on the plat as recorded
with the Orange County Register of Deeds,Plat Book 78,page 88.
And,OWASA,Grantee,shall have the right to construct and maintain in,under, and/or above,along
and through said strip of land thirty feet(301 in width such mains and litres of pipe as shall be necessary for the
1 proper construction and operation of said water distribution system;OWASA shall also have the right of ingress and
regress through,over,and across the land of the COUNTY to and from said strip at such times as OWASA deems
it necessary for the purpose of constructing, maintaining and inspecting said lines and of making all necessary
alterations and repairs thereto;the lines of pipe shall be located at such point or points,elevation or elevations below
or above 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 water as aforesaid;and OWASA shall have the right,
privilege and easement to tap the line or lines and construct water laterals from the main to the outside boundary of
the right-of-way over which this easement and privilege extends;and,OWASA shall have the privilege,easement,and
right to clear and keep cleared the full width of the easement of and from brush,plants,trees,and any and all other
f materials,obstructions,structures,and encroachments of any kind;
The County shall retain the right to cultivate the ground lying within the boundaries of the easement,
provided that such cultivation shall not interfere with the right of OWASA herein named of ingress and egress to said
easement for the purpose of maintenance and repair of said water main or mains or the construction and repair of
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water laterals and connections, and such cultivation shall not interfere with OWASA's maintenance operation or
installation of the lines,-and provided further that in all cases where there are roads or streets across the tract of land
sufficient for the purpose of convenient egress,ingress,and regress,in,to,and from said strip of land,such roads or
streets shall be used by the said OWASA when it is necessary to come in and upon said strip of land for the purposes
aforesaid.
No building or structure of any kind,except such as constructed by OWASA,shah be located or erected upon
the above described easement; any structure or building to be constructed by OWASA may only be built,constructed
or located on the easement with the prior written consent of COUNTY;
It is understood and agreed by the parties that the execution and delivery of this deed of
easement by the COUNTY and its acceptance by OWASA shall not obligate OWASA to
construct a water line or permit connections to its water system. And, it is further understood
and agreed that failure of OWASA to construct improvements within the said strip of land
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and/or to clear or keep cleared said strip of land shall not impair in any way the rights,privileges
J and easements conveyed to OWASA hereunder.
TO HAVE AND TO HOLD all singular the rights,privileges,and easements as aforesaid,
I in along, upon, and through said premises to the said OWASA, and its successors and assigns
forever.
IN WITNESS WHEREOF, COUNTY, has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of
its Board of Commissioners, all as of the day and year first above written.
For OWASA:
V
Attest
Secretary (Title)
FOR COUNTY:
ATTEST:
Margaret W.Brown,Chair
Orange County Board of Commissioners
Beverly A.Blythe
Clerk to the Board
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NORTH CAROLINA
ORANGE COUNTY
I,a Notary Public of the County and State aforesaid,certify that Beverly A.Blythe personally came before me
this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County and that by authority
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duly given and as the ad of said County,the foregoing instrument was signed in its name by the Chair of said Board 1
of Commissioners and attested by her as Clerk to said Board of Commissioners.
Witness my hand and notarial seal,this day of 1997.
Notary Public
My commission expires:
NORTH CAROLINA
ORANGE COUNTY
I, .a Notary Public in and for the aforesaid County and Sate,do hereby certify
that the due execution of this Deed on this day was had by the personal appearance before me of
.with whom 1 am personally acquainted,who being by me duty sworn,says
that he/she is Secretary and that is President of
'one of the corporations named within and which executed the foregoing Deed;
that he knows the common seal of said corporation;that the seal affixed to said instrument is said common seal that
the name of the corporation was subscribed thereto by the said President and that the said
President and Secretary subscribed their names thereto and said common seal was affixed,all by order of
its Board of Directors duly given;and said instrument is the act and deed of said cooperation.
Witness my hand and notarial seal,this day of 1997.
Notary Public
My commission expires:
NORTH CAROLINA
ORANGE COUNTY
The Forgoing certificate of and
Notaries Public of Orange County,North Carolina,attested by their respective notarial seals,are certified to be correct.
Let this instrument with all certificates by registered
Witness my hand this day of 19_.
Betty June Hayes,Register of Deeds
of Orange County
By:
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Corporate Sewer easement-without mortgage
NORTH CAROLINA
DEED OF EASEMENT
ORANGE COUNTY
THIS DEED OF EASEMENT, made and entered into this the 16th day of December, 1997 by
and between the County of Orange,hereinafter referred to as"County',and Orange Water and Sewer
Authority,a public body and body politic and corporate created and existing under Article 1,Chapter 162A
of the General Statutes,with its principal office at 406 Jones Ferry Road in Carrboro,North Carolina,
hereinafter referred to as OWASA;
WITNESSETH
THAT WHEREAS,OWASA has constructed and proposed to construct a sewage system for the
use of its citizens and for that purpose has constricted and proposed to construct lines of pipe and mains
necessary for the proper transmission of sewage.
NOW,THEREFORE,in consideration of the sum of One and No/100($1.00)Dollar and other
good and valuable considerations paid to County,the receipt of all of which is hereby fully acknowledged,
the County does hereby give,grant,quitclaim,and convey unto OWASA,its successors and assigns,the
right,privilege,and perpetual easement to go in and upon a strip of land thirty feet(30')in width and
owned by the County,lying and being in Chapel Hill Township,Orange County,North Carolina,the said
strip of land thirty feet(30')in width,being more particularly described on the plat recorded in the Orange
County Register of Deeds office, Plat Book 78,page 88.
And to construct and maintain in,under,and/or above,along and through said strip of land thirty
feet(30')in width one or more fines of pipe and manholes for the purpose of transmitting sewage as
aforesaid,together with the right to construct and maintain in,under,above,and along said right of way
such mains and manholes as shall be necessary in connection with the proper construction and operation
of said sewage line,with the right at all time of ingress and regress through,over,and across said tract of
land to and from said strip for the purpose of constructing,maintaining,and inspecting said lines and of
,; making all necessary alterations and repairs thereto;the lines of pipe to be located at such point below or
above the surface of the earth as shah be necessary,and established at the proper grade fro running said
lines and for conveying sewage as aforesaid,and said mains and manholes,it any,to be at such point
below or above the surface of the earth as may be necessary for the proper operation of said pipe line or
lines;together with the right,privilege and easement to tap the line or lines and construct sewer laterals
from the main to the outside boundary of the right-of-way over which this easement and privilege
extends;together with the privilege,easement,and right to clear and keep cleared the full width of the
right-of-way of and from brush,trees and any and all other obstructions,structures,and encroachments of
any kind,except that the owners of the fee shall retain the right to cultivate the ground lying within the
boundaries of the right-of-way,provided that such cultivation shall not interfere with the right of the
grantee herein named of ingress and egress to said right-of-way for the purpose of maintenance and
repair of said sewer main or mains or the construction and repair of sewer laterals and connections;and
provided further that in all cases where there are roads or streets across the tract of land sufficient for the
purpose of convenient egress,ingress,and regress,in,to,and from said strip of land,such roads or
streets shall be used by the said OWASA when it is necessary to come in and upon said strip of land for
the purposes aforesaid
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No building or structure of any kind,except such as constructed by OWASA,shall be located or r
erected upon the above described easement;any structure or building to be constructed by OWASA may
only be built,constructed or located on the easement with the prior written consent of County;and lt is
understood and agreed that the execution of delivery of this deed of easement by the grantor and its
acceptance by OWASA shall not obligate OWASA to construct a sewer line or permit connections to its
sewer system.
TO HAVE AND TO HOLD all singular the rights,privileges,and easements as aforesaid in,
along,upon,and through said premises to the said OWASA,and its successors and assigns forever.
IN TESTIMONY WHEREOF,the County and OWASA,the corporations named within,have
caused this Deed to be sealed with their respective common seals and signed in their respective names
by the proper officials,all as of the day and year first above written.
For OWASA.
Attest By:
Secretary (rrtle)
FOR COUNTY:
ATTEST:
Margaret W.Brown,Chair
Orange County Board of Commissioners
Beverly A.Blythe
Clerk to the Board
NORTH CAROLINA
ORANGE COUNTY
1, .a Notary Public of the County and State aforesaid,certify
°r that Beverly A.Blythe personally came before me this day and acknowledged that she is Clerk to the
Board of Commissioners for Orange County and that by authority duly given and as the act of said
County,the foregoing instrument was signed in its name by the Chair of said Board of Commissioners
and attested by her as Clerk to said Board of Commissioners.
Witness my hand and official stamp or seal,this the day of , 1997.
Notary Public
My commission expires:
NORTH CAROLINA
ORANGE COUNTY
I, .a Notary Public in and for the aforesaid County and Sate,do
hereby certify that the due execution of this Deed on this day was had by the personal appearance before
me of .with whom I am personally acquainted,who being by me
duly swom,says that he/she is Secretary and that is President of
one of the corporations named within and which executed the
foregoing Deed;that he knows the common seal of said corporation;that the seal affixed to said
f
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instrument is said common seal that the name of the corporation was subscribed thereto by the said
President and that the said President and Secretary subscribed their names
thereto and said common seal was affixed,all by order of its Board of Directors duly given;and said
instrument is the act and deed of said cooperation.
Witness my hand and notarial seal,this day of 1997.
Notary Public
My commission expires:
NORTH CAROLINA
ORANGE COUNTY
The Forgoing certificate of and
,Notaries Public of Orange County,North Carolina,attested by
their respective notarial seals,are certified to be correct. Let this instrument with all certificates by
registered.
Witness rry hand this day of 19_.
Betty June Hayes,Register of Deeds
of Orange County
By:
NORTH CAROLINA
ORANGE COUNTY
F9ed for registration in my office on the day of .19_,at
o'clock_.M.and registered on the day of 19_in Book of Deeds
for said County on pages
Betty June Hayes,Register of Deeds
of Orange County
By:
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