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HomeMy WebLinkAboutAgenda - 02-12-1996 - X-E 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda �=E ACTION AGENDA ITEM ABSTRACT Item No Meeting Date: February 5, 1996 SUBJECT: Process for Resolving Orange-Alamance County Boundary Line ----------------------------------------------------------------------- DEPARTMENT County Manager/Land Records PUBLIC HEARING YES NO x ------------------------------- BUDGET AMENDMENT REQUIRED YES NO x -------------------------------- ------------------------------- ATTACHMENT(S) INFORMATION CONTACT 2/6/95 Orange County Mgr Letter Rod Visser, ext 2300 2/10/95 Alamance County Mgr Letter Roscoe Reeve, ext 2500 1849 Boundary Description TELEPHONE NUMBER Map Reflecting Differing Interpretations Hillsborough 732-8181 of Orange-Alamance Line (under Chapel Hill 968-4501 separate cover) Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To consider a process for resolving the location of the Orange-Alamance County boundary. BACKGROUND: Over the years, Orange and Alamance Counties have had different interpretations of the physical location, on the ground, of the boundary line dividing the two counties. The tax assessors have had informal agreements that certain parcels straddling the line, and even some parcels that appear to be totally within one county, would be taxed in the other county when the landowner requested. As development intensifies along the county line, it becomes increasingly important to establish a well-defined boundary that is absolutely clear to property owners on both sides of the line . Last year, at the direction of the Board of Commissioners, the County Manager wrote to the Alamance County Manager requesting that representatives of both counties meet to work out a process to resolve the boundary. The Alamance County Manager wrote back to decline that request, indicating that Alamance plans to rely on an 1849 boundary description. It is Orange County staff ' s view that this description is ill-defined, impractical, and unacceptable given changes in technology and land use patterns. Last year, the Board sought the assistance of the Orange County legislative delegation to introduce special legislation that would permit a simplified, less costly alternative to current law for resolving the boundary disagreement . That process would involve the use of digital orthophotos, instead of surveying, as a basis for 2 negotiating the location of the line. Orange and Chatham Counties used this process in the late 1980s to successfully resolve that county line . The Boards of Commissioners of Orange and Person Counties supported the special legislation as an economical, practical way to address any required clarification of county boundaries . The Alamance County Board of Commissioners declined to support the special legislation, so the legislation was withdrawn in the General Assembly. A property owner along the Orange-Alamance line has for more than a year been unsuccessful in getting a clear answer as to which county has planning jurisdiction over his property. As an effort to assist this and other property owners in similar circumstances, the Manager recommends that the Board make another attempt to engage the Alamance Commissioners in meaningful discussion that would lead to pursuing the special legislation that was prepared in 1995 . RECOMMENDATION: The Manager recommends that the Board seek and conduct a meeting with appropriate elected and appointed officials of Alamance County to discuss possible resolution of the Orange-Alamance County boundary line. 3 ORANGE COUNTY HILLSBOROUGH N-ORTH CAROLINA February 6, 1995 c �ta.aalwd 175-9 Mr. Robert C. Smith, Manager Alamance County 124 West Elm Street Graham, NC 27253 Dear Robert: As the process of property development along the Orange- Alamance line gathers momentum, I believe that it might be wise for Orange and Alamance Counties to review our understandings of where the county line is situated. It seems that over the years, informal agreements have been reached between the two Assessors concerning the ad valorem taxation of various parcels in proximity to the traditionally recognized county line. I believe that we may now need to reach a more formal agreement as to the location of the boundary. Several years ago, Orange and.Chatham Countieaz had local legislation adopted by the- General Assembly which provided a relatvely! low-cost process for officially establishing th in r a y be_ween;'the two=:couatiees. Relying on orthorotasF r.ath than `the tine crsnsuming v e r and expens ivy prss:w of surt€ig' the 'entire` bounty line, staffs i th. appropriate property own""": �y aried_fat,. a. statutor�.ly .permitted resolution t ti Iocta� p ;fie ,bounciar be> een. the two counties. I iggest teet in the near ` ztn=e to discuss the-,.a dvantagclsadvantages of various options for establish=ing " unds =befaeen Orange and Alamance Counties. I will call you within a week or so to follow up on this letter, and to work out a time for us and appropriate staff members to meet on this topic. Si Ze , ohn M. Link, Jr. County Manager AREA CODE (919) 732-8181 • 968-4501 • 688-7331 • 227-2031 • FAX (919) 644-3004 Ext. 2300 4 �.C�C�Cxt.CP �L.41Y�� OFFICE OF THE COUNTY MANAGER 124 WEST ELM STREET GRAHAM,NORTH CAROLINA 27253 ROBERT C.SMITH Tel.228-1312 COUNTY MANAGER Area Code 910 February 10, 1995 Mr. John M. Link, Jr. , Manager Orange County Post Office Box 8181 Hillsborough, North Carolina 27278 Dear John: I have discussed the matter of the county line with our Board Chairman, W. B. Teague, Jr. At the present time, we have a legal description of our line on the Orange County side. I am enclosing a copy of this description. At the present time we see no benefit in changing this description. I appreciate your concern on this matter. Sincer y, Robert C. Smith County Manager RCS:pj Enclosure 0 Recycled Paper 5 ... .................... ....................................... UNC-CH INST GOVT .......TEL: 919-962-065A .Feb 14 ,90 13. ...t o.004...P.03........ • Marc.�`N Fk�... s4e FORMATio)i W TUX NOW. CaAOt crr� Covtrctcs RZp T OF THE COMMISSIONESa TO k"S>�JC)3L, ALAMANCE COUNTY The report of the comml**loners for the division of Orange County was offered to tbt court A ordered to be rworded S sled In the Clerk* omee 14th May 1849 ' The commissioners appointed by the General Assembly of North Caro• lina tht Session of 1848 E 1849.) to wit) John Stockard James A. Craig Jesse Gant John Scott Absalem Hartley Jobs 8.Foglemen Peyton P Moore George Hurdle Q William A Carrigan met at David Mebanes with the Surveyors named in said Act of Assembly (vls) Edward Benson of Adamant&Freeman Walker of Orange Freatnan Walker refttsiag to act with Edward Benson&the Commissioner* Minutes June Term A.D.1850 ; Stanford Moore of Oransa County was chosen to act in the plate of Free. man Walker after qulifying Stanford Moore d. Edward Ben*an Surveyor* i PhUip Crawford & John Dixon chain carriers 4t John Benson to mark the dividing line we proceeded to tun A mark the Said dividing line of Orange A Alamance Counties designating the line as beginning on the Caswell line and ronuing due South Beginning at i gum Saplin on the Caswell line Rundng near Shadrlck Wands s little Crest of the House A Spring toot of William McCodom* 1/4 West of Wm Wards of James 1/4 East of William Wards Ser (Con. stable) 114 East of James Birds Hou*8 Close East of Widow $lyds old Plate 114 of a mile East of William Vincent& House 200 yards West of Revr Daniel Kerr#S Reeves old Houses 1/4 A 1/2 West of Widow Faucettt near her Spring West of Revr Thomas Lynches at the and of his lane West of Zadock Rim 1/9 East of William Mebsnes Quarter 1/2 mile East of Green D Jordan* 2/4 West of Thomas Fsacetia (of Wm) near his spring East of Lemeuel R Mebane* 1/2 :Hiles East of James Mebane 114 West of a A Mebane (Mason Sall) 1/4 of toile East of John Tbamurn (Miller) 100 yda of the House West of Hugh Wilson's 1/4 of tulle East of Wilie MMebanes old place 1/4 mile East of David Mebanes at his House West of Col Paisley Nal#ons 8/4 mile 4t East of Mount Willing road for one mile crossing the Mount Wining Road running west of It Zest of Hebron Church Close West of Hugh K]rkpatrJ*ko 1/4 mile East of Richard Jones near kit Barn 100 yda East of Jonsthan Jones 1/4 mile West of Mount Willing Close. 60 yda East of Nancy Fuchs John Moores old place i/4 mile west of Elijah Lash- ley Clese, 100 yda West of Solomon Sings 114 mile East of James Thovkp- bona 8/4 West of Dr Alexander Morrows 1/s toile west of Wm Bingham■ 1/2 mile West of Bethlehem Chorcb 114 tafie East of Alex Wabbs Steve 1/4 mile Ea&t of Thomas Fauc*tts (Tailor) Close 100 yds west of James Clawfords between his house& Kiteheon West of Widow Pickard i/2 mile East of John borrow over his Sprl"g Crossing Cane Creek three times West of Joseph Crawford 1/2 tulle East of Robert Alatons Quarter 1/2 to a Birth bush att the bank of Haw River then with the River to the Chatham lint Thence West with the Cbatbant line one mils to the original or straight N & 8 Line dividing the counties Of Orange 4 Alamance staking the Straight N A S Lifts runing straight to the Chatham Lint £b miles /t 24 chains i ............ . . ...... ................................................................................................ UNC-CH IIV y GOVT....................TEL 919-962-065A Feb 14 .90 13 16 No .004 P .OA FORMAT14W or Txz Noarm CAROLINA CO[INTISY 247 While the Surveyors'wers rning the N dt S dividing Line Freeman Welker A others measured nine miles due west from Hillsborough do did not reach the dividing Lint by forth four yards On the 31st day of May A D 11140 the commissloners with Silas M Link Surveyor begaa on the center of the north R south Line A.run &measured due wart to the Guilford lint making that line Fifteen miles Ile forty seven chains after gating,the center of that line and adding 610 Acres to the Southern Side for the Territory South of Haw River A Fast of a north a: south Hue dividing tie counties found the cantor to be in Joseph M. Free- lands Fleid N. Z.of Col. John Hardens House the Cainmisaioners with nom dlfieulty procured Severity five Acres of*land wberoon they have laid oft s Court House square with Streets tuning to the same from the four cardinal points of the compass (to wit) N. Ii. E. W. the lands war* bought from three persons with some incumberance on a part and Coat as follows for the wood land $16 pr acre the owners to have the privilege of taking ad the rail d: saw )cgs timber leaving the under growth and clear land at fe Per Acre with the privilege to the owners of moving their fences. . . Commissioners: Jon Stockard James Gant John Scott Absalom Ftartey John S Fogleman Peyton P Moore G Hurdle Win. A. Carriga>,i Sur. Moors: Edward Benson Wm S. Moores REPORT OF THE COMMISSIONERS TO ESTABLISH 711E BOUNDARY LINE BETWEEN ALAMAHCE AND CHATHAM COUNTIES IN PURSUANCE OF THE ACT OF 1896 re The Arovb rho Secretary of State, of North Carolina: ; The undersigned bog leave to report: That W.A. Lineberry (designated As Alsou Lineberry ht the act herein mentioned) of Chatham. County and John X. Coble of Alamance County, Commissioners appointed by act of the General Assembly of North Carolina,entitled"An Act to locate county line between Alamance and Chatham counties" ratified March 13th 1895, with Z. A. Tiorne, of Halifax County, who had been selected as "Third Man" with surveyors.W. L. Spoon of Alamance County and H. H. Slier of Chat- ham County and chain carriers, John R. Adams of Alarnanee County and Ruth W. Johnson of Chatham County, together with examen, met by ap. pointment In the town of Hillsboro. Orange County, on the Sth day of April 1595, and entered upon the discharge of their duty In locating the sounty line between Alamance and Chatham counties as prescribed In said act. They began about twenty five feet North of the pteseet court house in 2113sboro this being the site of the'former court house in 1771. there being no dImmt, and proceeded dote South sixteen mites, finding no evidences of a former Survey. Here the Commisalonors disagreed,and the"Third Man" decided that they proceed due Wast,and they so did to Haw river. Reach. ins the suer, they; for two days and a half, made diligent and careful search on both sides and up the river for two miles, for a monument or mark of the Alamance corner on the Chatham line, and found none. They also sought information by eonsultinr a number of old men who had lots lived in the neighborhood.and found no satisfactory evidence of a corner or Una. They then erected a stunt corner on the right bank of said river,.tan ' fat below the mouth of Martha Jones's spring branch, marked Car. A in � �'l1leot,e of fa+asurt a[plw ee!eaW�r,a.tons,Alaroene,�Couay,ltle•leN,>f TI.Te.