HomeMy WebLinkAboutAgenda - 04-15-2014 - 6g 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 15, 2014
Action Agenda
Item No. 6-g
SUBJECT: Mount Willing Road Bridge Drainage Easement and Right of Entry Agreement
to North Carolina Department of Transportation
DEPARTMENT: Asset Management Services, PUBLIC HEARING: (Y/N) No
County Attorney
ATTACHMENT(S): INFORMATION CONTACT:
1) Site Locator Jeff Thompson, 919-245-2658
2) Deed of Easement, Stormwater John Roberts, 919-245-2318
Drainage; Right of Entry Agreement
PURPOSE: To consider approving a dedication of drainage easement and right of entry to the
North Carolina Department of Transportation ("NCDOT") for bridge improvements along Mount
Willing Road, upon final review of the County Attorney, and to authorize the Chair to sign on
behalf of the Board.
BACKGROUND: NCDOT is requesting this dedication and right of entry in order to properly
repair and improve the roadway bridge over Seven Mile Creek along Mount Willing Road.
Attachment 1, "Site Locator', depicts the area.
Bridge #670043 over Seven Mile Creek on Mount Willing Road (State Road 1120) is an NCDOT
Transportation Improvement Project. The replacement bridge will be wider, higher (reducing the
"dip"), and will provide extended guard railing and improved shoulders for increased travel and
passage safety. The additional permanent drainage easement requested for Orange County's
parcel will allow for necessary grading and drainage as well as the required support and
maintenance of riprap along and around the headwall of the bridge and the bank of Seven Mile
Creek. It may also be used as a construction easement during the construction of the
replacement bridge.
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Manager recommends the Board approve a dedication of
drainage easement and right of entry to North Carolina Department of Transportation
("NCDOT") for bridge improvements along Mount Willing Road, upon final review of the County
Attorney, and to authorize the Chair to sign the necessary documents on behalf of the Board.
2
Attachment 1 - Site Locator
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6
Attachment 2
Revenue Stamps$
DRAINAGE EASEMENT
THIS INSTRUMENT DRAWN BY Heather Fulghum CHECKED BY David Moon
Return to Division R/W Agent,NCDOT
Right of Way Branch.Division 7
1101E Wendover Ave. Suite 200
Greensboro.NC 27405
NORTH CAROLINA TIP/PARCEL NUMBER. 068SR1120 003
COUNTY OF Orange WBS ELEMENT 17BP 7.R62
TAX PARCEL 9854135079 ROUTE SR 1120(Mt.Willing Rd.)
THIS EASEMENT,made and entered into this the day of 20 14
by and between Orange County,a political subdivision of the State of North Carolina
PO Box8181
Hillsborough,NC 27278
hereinafter referred to as GRANTORS,and the Department of Transportation,an agency of the State of North Carolina,
1546 Mail Service Center,Raleigh,NC 27611,hereinafter referred to as the Department,
WITNESSETH
THAT WHEREAS,the DEPARTMENT desires to construct and maintain a drainage facility through and across the
property of GRANTORS,
AND WHEREAS,GRANTORS,recognizing the benefits accruing to their said property through the construction and
maintenance by the DEPARTMENT of roads and highways upon or m the vicinity of said property of GRANTORS,
NOW,THEREFORE,in consideration of said benefits,and further consideration of$ and
other valuable considerations,GRANTORS hereby release the DEPARTMENT,its successors and assigns,
from any and all claims for damages by reason of the construction and maintenance of said drainage facility
across and through the lands of GRANTORS.and GRANTORS hereby give,grant,bargain,sell and convey
unto the DEPARTMENT,its successors,and assigns,an easement for the construction and maintenance of a
drainage facility across and through the property of GRANTORS Iocated in Cheeks Township,
Orange County,and being more fully described in a deed recorded in Book 243
Page 827 , Orange County Registry,said easement being described as follows
Permanent Drainage Easement described as follows
Point of beginning being N 56°49'48"E,5161 feet from-L-STA 13+00,thence to a point on a bearing of N 21°17'32"E,
a distance of 48 0 feet,thence to a point on a bearing of S 68°42'28"E,a distance of 10 0 feet,thence to a point on a bearing
of S 21°17'32"W,a distance of 40 0 feet,thence to a point on a bearing of S 72°37'57"W,a distance of 12.8 feet, returning
to the point and place of beginning
(the rest of this page intentionally left blank)
FRM7-N
Page 1 of 3
Revised 07/19/13
7
COUNTY: ORANGE WBS ELEMENT: 17EP.7.R.62 TIP/PARCEL NO.: 068SRI120 003
The final right of way plans showing the above described area are to be certified and recorded in the Office of the Register
of Deeds for said county pursuant to N.C.G.S. 136-19.4,reference to which plans is hereby made for purposes of further
description and for greater certainty.
Said Permanent Drainage easement in perpetuity is for the installation and maintenance of drainage facilities,and for all
purposes for which the DEPARTMENT is authorized by law to subject same.The Department and its agents or assigns
shall have the right to construct and maintain in a proper manner in,upon and through said premises a drainage facility with
all necessary pipes,poles and appurtenances,together with the right at all tines to enter said premises for the purpose of
inspecting said drainage facility and making all necessary repairs and alterations thereon;together with the right to cut away
and keep clear of said drainage facility all trees and other obstructions that may in anyway endanger or interfere with the
proper maintenance and operation of the same with the right at all times of ingress,egress and regress.
It is understood and agreed that the Department shall have the right to construct and maintain the cut and/or fill slopes in the
above-described permanent drainage easement arca(s). It is further understood and agreed that Permanent Drainage shall be
used by the Department for additional working area during the above described project.
IN ADDITION,and for the aforestated consideration,the GRANTORS further hereby convey to the
DEPARTMENT,its successors and assigns the following described areas and interests:
Temporary Construction Easement described as follows:
Point of beginning being N 73°46'17"E;37.82 feet from-L-STA. 13+00;thence to a point on a bearing of N 21°17'32"E,
a distance of 19.0 feet;thence to a point on a bearing of N 72°37'57"E,a distance of 12.8 feet;thence to a point on a
bearing of S 21'17'5 1"W,a distance of 22.4 feet;thence to a point on a bearing of S 86°48'27"W.a distance of 8.2 feet,
thence to a point on a bearing of S 86°48'27"W,a distance of 2.8 feet; returning to the point and place of beginning.
This construction easement shall expire upon completion and acceptance of the aforementioned project.
This EASEMENT is subject to the following provisions only:
NONE
There are no conditions to this EASEMENT not expressed herein.
To HAVE AND TO HOLD said perpetual easement for highway purposes unto the DEPARTMENT,its
successors and assigns,and the GRANTORS,for themselves,their heirs,successors,executors and assigns,hereby warrant
and covenant that they are the sole owners of the property;that they solely have the right to grant the easement;and that
they will forever warrant and defend title to the same against the lawful claims of all persons whomsoever;
The Grantors acknowledge that the project plans for Project# 17BP.7.R.62 have been
made available to them.The Grantors further acknowledge that the consideration stated herein is full and just
compensation pursuant to Article 9,Chapter 136 of the North Carolina General Statutes for the acquisition of the said
interests and areas by the Department of Transportation and for any and all damages to the value of their re
property,for any and all claims for interest and costs;for any and all damages caused by the
acquisition for the construction of Department of Transportation Project# 17BP.7.R.62
Orange County,and for the past and future use of said areas by the Department of
Transportation,its successors and assigns for all purposes for which the said Department is authorized by law to subject the
same.
(the rest of this page intentionally left blank)
)rRM7-N
Page 2 of 3
Revised 07/19/13
8
COUNTY: ORANGE WBS ELEMENT: 17BP.7.R.62 TIP/PARCEL NO.: 068SRI120 003
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals(or if corporate,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 Directors)the day and year first above written.
Orange County,a political subdivision of the State of North Carolina
BY: (SEAL)
Time P
ACCEPTED FOR THE DEP_ARTNIENT OF TRANSPORTATION BY:
North Carolina, County
I, a Notary Public for
County, North Carolina,certify that
personally came
before me this day and acknowledged that he/she is the CLERK of
and that by authority duly given,the
the foregoing instrument was signed in its name by
its CHAIRMAN,sealed with its corporate seal,and attested by
as its CLERK.
Witness my hand and official seal this the day of
,20
Notary Public
My commission expires:
FRM7-N
Page 3 of 3
Revised 07119/13
9
No Revenue Stamps
AGREEMENT FORENTRY
RETURN TO: Division Right of Way Agent
NCDOT Right of Way Branch,Division 7
1101 E.Wendover Ave._.Suite 200
Greensboro,NC 27405
STATE OF NORTH CAROLINA TIP NO.: 068SR1120
Orange COUNTY WBS ELEMENT 17BP.7.R.62
PARCEL NO: 068SRI 120 003
THIS AGREEMENT made this the day of .20 14 by
and between the North Carolina Department of Transportation(hereinafter called the Department)and
Orange County.a political subdivision of the State of North Carolina P.O.Box 8181 Hillsborough,NC 27278
(hereinafter called the owners);
WITNESSETH
THAT WHEREAS,the Department desires to enter certain lands of the owners located in
Cheeks Township, Orange County,described as follows:
Permanent Drainage Easement described as follows:
Point of beginning being N 56°49'48"E,51.61 feet from-L-STA. 13+00-,[hence to a point on a bearing of N 21'17'32"E.a
distance of 48.0 feet;thence to a point on a bearing of S 68°42'28"E,a distance of 10.0 feet;thence to a point on a bearing of
S 21 117132"W.a distance of 40.0 feet;thence to a point on a bearing of S 72°37'57"W,a distance of 12.8 feet; returning to
the point and place of beginning.
Temporary Construction Easement described as follows:
Point of beginning being N73'46'17"E,37.82 feet from-L-STA. 13+00;thence to a point on a bearing of N 21'17'32"E,a
distance of 19.0 feet;thence to a point on a bearing of N 72°37'57"E.a distance of 12.8 feet;thence to a point on a bearing of
S 2101751"W.a distance of 22.4 feet;thence to a point on a bearing of S 86°48'27"W.a distance of 8.2 feet;thence to a
point on a bearing of S 86°48'27"W.a distance of 2.8 feet; returning to the point and place of beginning.
(the rest of this page intentionally left blank)
FRM10-E
Agreement for Entry
Page 1 of 3
10
County: Orange TTP No: 068SR1120 Parcel No: 068SR1120 003
for the construction of State Highway Project 17BP.7.R.62
WHEREAS,the Department is authorized by G.S.136-118 to enter into this agreement without filing the pleadings
asset forth in G.S.136-103.
NOW THEREFORE,in consideration of the mutual benefits inuring to all parties to this agreement and in fizrther
consideration of the mutual covenants contained herein,the parties to this agreement do hereby agree and consent that the
Department,its contractors or agents may enter upon
the above described lands for carrying on the work and construction of Project 17BP.7.R.62 in
accordance with the plans and specifications on file in its office in Raleigh,North Carolina,and that the Department shall
have the same rights for carrying on the work and construction of the project as it would have by filing the pleadings required
in North Carolina General Statute 136-103_ The Department's right of entry shall be presumed to begin as of the day and year
of the entry of this agreement as first above written.
The parties hereto agree that the right of entry granted shall not be deemed a trespass on the owners'property and that
the OWNERS DO HEREBY EXPRESSLY WAIVE any claims in the nature of an inverse condemnation against the Department,
its contractors or agents resulting from its entry pursuant to this agreement.
IT IS FURTHER AGREED THAT,the Department shalt have this right of entry for the purposes herein stated for the
PERIOD COMMENCING WITH THE DATE OF THIS AGREEMENT AND CONTINUING THEREAFTER UNTIL THE
DEPARTMENT'S ACCEPTANCE OF THE COMPLETED HIGHWAY PROJECT.
IN WITNESS WHEREOF,the parties hereto have set their hands and adopted seals,or if corporate,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
Directors,the day and year first above written.
During the aforesaid period,the parties hereto shall continue to negotiate a resolution of the owners'claim for
compensation for the property to be acquired for this highway project. In the event the Department determines that such
negotiations have reached an impasse,the Department shall give written notice thereof to the Owners and may file appropriate
proceedings in the Superior Court to determine just compensation as provided in Article 9,Chapter 136 of the General Statutes of
North Carolina. Likewise,the Owners may give written notice to the Department that such negotiations have reached an impasse
and request the Department to file appropriate proceedings in the Superior Court to determine just compensation as provided in
Article 9,Chapter 136 of the General Statutes of North Carolina-
In the event that,as of the date of the acceptance by the Department of the completed highway project,the Department
has not filed proceedings pursuant to Article 9,Chapter 136 of the General Statutes or the Owners'claim for just compensation
for the property acquired for the highway project has not been otherwise resolved a settlement agreement,the Owners shall have
two(2)years following the completion of the highway project in which to proceed to a determination of just compensation in the
Superior Court pursuant to Article 9,Chapter 136 of the North Carolina General Statutes.
The Owners do hereby agree and consent that no interest shall accrue against the Department during the period of entry
set forth herein and do hereby waive any claims for interest except as may be allowed upon any award of just compensation as set
forth in Section 136-113 of the North Carolina General Statutes,and in such case,such interest shall accrue only from the date of
the filing of proceedings in the Superior Court pursuant to Article 9,Chapter 136 of the North Carolina General Statutes.
IN WITNESS WEREOF,the parties hereto have set their hands and adopted seals,or if corporate,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 Directors,the day and year first above written.
Orange County,a political subdivision of the State of
North Carolina
BY: (SEAL)
Title:
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION:
BY:
FRM 1 D-E
Agreement for Entry
Page 2 of 3
11
County: ®ranee TIP No: 068SR1120 Parcel:lNo 068SR1120 003
North Carolina, County
I, a Notary Public for
County,North Carolina,certify that
personally came
before me this day and acknowledged that he/she is the CLERK of
and that by authority duly given,the
the foregoing instrument was signed in its name by
its CHAIRMAN,sealed with its corporate seal,and attested by
as its CLERK.
Witness my hand and official seal this the day of
.20 14
Notary Public
My commission expires:
FRM 10-E
Agreement for Entry
Page 3 of 3
12
3
10-
s '
9 8
—L—STA.13+00
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY BRANCH
racrca., a a ors w ORANGE COONTl' T!v Jon 30 12-05:14 2014
PARCEL'3 _\670004J—DEED_ra 20I4-1-304 n
09 243 PG 827 UNKNOWNSCALE
...16700043DEED_row-2014-1-30.dgn�11301201412:15:13 PM
13
COLOR DESCRIPTION SOR FT ACRES SOR M HECTARES
TCE R7gM 207.078116 0.004754 19238263 0.001929
FROM -70 DISTANCE(F7 10) BEARING RADIUS!FT/d0 CURVE LENGTH(FT/M)
-L-STA 13+00-2 372 115-3 N 73'46'17'E
2 -6 19D 578 N 2T17'32'E
6-7 122 391 N 72'3757'E
7-8 22.4 6.83 S 27TT5!'W
8-9 82 250 S 8848'27'W
9-2 Z8 065 5 8848'27'W
COLOR DESCRIPTION SOR FT ACRES SOP M HECTARES
POE
RV I 440.000000 0.010101 40977501 0.004088
FROM -TO DISTANCE(FT/ld) BE.4HING RAOlUS fFT/MJ CURVE LENGTH fFT/Ml
-L-STA 13+00-6 51.6 15.7.5 N 5649'48'E
6-10
48D 14.63 N 2FO'32'E
10 7 ll 10.0 3D5 S 6542'28'E
1/-12 40D 12J9 5 2F1732-w
12 -E 122 390 S 723757'W
TYPE COUNT SOR FEET ACRES
ROW LEFT 0 OD DD
ROW RIGHT 0 GA OD
POE LEFT 0 OD DD
PDE RIGHT I 440.0 0.06
TCE LEFT 0 OD OD
TCE RIGHT ! 2071 GA05
TOE LEFT 6 OD 0.0
TOE RIGHT 0 0.0 0.0
TSE LEFT 0 0.0 0.0
TSE RIGHT 0 OD 0.0
PUE LEFT 0 DD OD
PUE RIGHT 0 OD QO
OTHER LEFT 0 00 OA
OTHER RIGHT 0 OD OD
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY BRANCH
ORANGE COUNTY Th.Jan 30 1205-14 2014
PARCEL°3 -'E'30043-DEED-row-2014-1-30d n
DB 243 PG 827 UNKNOWN5CALE
...16700043_DEED_row-2014-1-30.dgn 1/30/201412:15:58 PM
14
Prepared by: Graham&Cheshire, Attorneys ®r�CC
C7Fiy�9
NORTH CAROLINA
ORANGE COUNTY
THIS DEED, Made and entered into this the 27th day of June,
1973, by and between JOHN W. JOHNSON and wife, MARTHA T. JOHNSON,
parties of the first part, and ORANGE COUNTY, a body politic, party of
the second part,
WITNESSETH:
That the said parties of the first part, in consideration of the
sum of TEN DOLLARS and other good, valuable and sufficient considerations.
paid by the said party of the second part, the receipt of which is hereby ack-
knowledged, have bargained and sold and by these presents do bargain, sell
and convey unto the said party of the second part and its successors and
assigns, all that certainn tract or parcel of land in Cheeks Township, Orange
i nj County, North Carolina, and more particularly described as follows:
Such portions of the lands described in Deed Book 229, page 213, and
Deed Book 236, page 1684, that are below the 593 foot elevation con-
` tour, plus an additional 50 foot strip along the outside perimeter of
said property, said Property being described as follows:
BEGINNING at a point in the center line of N. C. Secondary Road No.1120,
the Northwest corner of Calvin and Ruth Squires, which beginning point
is in the center of State Highway Commission bridge crossing Seven
Mile Creek, running thence along the center of SR #1120 North 25 deg,
E 0 14 min, 30--sec. East 337.83 feet; thence departing said road ana running
i the following courses and distances: South 79 deg_ 00 min. 00 sec. East
42,46 feet, South 62 deg. 51 min. 00 sec. East 139,57 feet, North 89
deg. 24 min. 30 sec. East 137.31 feet, North 63 deg_ 21 min. 00 sec.
East 206.31 feet, North 70 deg. 51 min, 00 sec, East 88.12 feet, South
59 deg. 03 min, 30 sec. East 10Z.86 feet, North 21 deg. 44 min. 00 sec.
West 146,91 feet, North 27 deg. 37 min, 30 sec, East 177,27 feet, South
71 deg. 12 min. 30 sec_ East 151_59 feet, South 72 deg. 17 min. 00 sec.
East 113,45 feet, North 74 deg. 14 min. 30 sec. East 54.38 feet, North
29 deg. 04 min. 30 sec. East 95.81 feet, North 21 deg, 08 min. 30 sec.
East 156.46 feet, North 07 deg. 57 min, 30 sec. West 134.54 feet,
North 08 deg. 12 min. 00 sec. West 18Z.81 feet, North 68 deg. 46 min.
30 sec. East 128,00 feet, North.55 deg, 59 min, 00 sec, East 162.99 feet,
sR--. North 89 deg. 24 min. 30 sec. East 701.26 feet, South 50 deg_ 41 min.
]68xeGa 6 C.IESX.Rc 30 sec, East 152,25 feet, South 65 deg, 20 min. 00 sec. East 172.85 feet,
•f sao CCVCH ,[
South 85 deg. 32 min_ 30 sec. East 134.40 feet, South 86 deg, 20 min, 00
sec, East 99.41 feet, South 04 deg. 57 min. 30 sec. West 422.05 feet,
243 f trE 827
15
i
South 04 deg. 40 min. 30 sec. West 186.52 feet, South 04 deg. 45
min. 30 sec. West 412.59 feet, South 84 deg, 24 min. 30 sec. East
634.97 feet, South 02 deg. 52 min. 30 sec. West 1370.
74 feet South
th
74 deg. 59 min. 30 sec. West 15.66 feet, South 62 deg. 13 min. 00
sec, West 200.94 feet, South 72 deg. 04 min. 00 sec. West 141.D6
feet, North 15 deg. 17 min. 30 sec. East 179.78 feet, North 37
deg. 59 min. 00 sec. East 89.66 feet, North 59 deg_ 58 min. 30
sec. East?19.33 feet, North 40 deg. 33 min, 00 min. East 144.47
feet, North 50 deg, 56 min. 30 sec. East 101.40 feet, North 23 deg.
21 min. 30 sec. East 110.45 feet, North 78 deg, 15 min. 30 sec.
West 107.56 feet, South 80 deg, Zl min. 00 sec. West 309.21 feet,
North 32 deg. 02 min. 30 sec. West 177.36 feet, North 00 deg. 58
min_ 00 sec. West 198.84 feet, North 05 deg. 26 min. 00 sec. West
83.59 feet, North 12 deg. 38 min. 00 sec. East 89.76 feet, North
05 deg. 37 min. 00 sec. East 123.30 feet, South 45 deg. 16 min. 30
sec. West 183.52 feet, South 39 deg. 19 min. 00 sec. West 10Z.45
feet, South 57 deg. 23 min, 00 sec. West 198_13 feet, South 75 deg.
57 min. 30 sec. West 137.17 feet, North 43 deg. 46 min. 00 sec.
East Z52.59 feet, North 25 deg. 39 min. 30 sec. East 103.76 feet,
North 86 deg. 02 min. 00 sec. West 1181.43 feet, South 78 deg. 43
min. 30 sec. West 221,71 feet, North 17 deg. 29 min. 30 sec. East
_ 303.95 feet, and North 84 deg. 15 min, 30 sec. West 657.18 feet
to the place and point of beginning, containing 53.76 acres, according
to survey made June, 1973, by Rose, Pridgen&Freeman, Engineers.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land
and all privileges and appurtenances thereunto belonging to the said party
of the second part and its successors and assigns in fee simple forever.
And the said parties of the first part do covenant that they are
seized of said premises in fee simple and have the right to convey the same
in fee simple;that the same are free from encumbrances, and that they will
warrant and defend the said title to the same against the claims of all persons
whomsoever,
IN TESTI_MONY WHEREOF, the said parties of the first part
have hereunto set their hands and seals, the day and year first above written.
AL)
�JOhn'N ohnson
l Martha T. Johnson
-Z-
r: 243 rac 828
16
i
I
i
_- NOR T13 CAROLINA
ORANGE COUNTY /7
Z uiu Notary Public, do
I
hereby certify that John W. Johnson and wife, Martha T. Johnson, personally
appeared before me this day and acknowledged the due execution of the
I
foregoing Deed of Conveyance.
Witness my hand and notarial seal, this the=: day of
d J
1973.
1U1711[8.�ti j
tioteiY PtlbLC � `-
9RARB eGlplr.n.C a
_. / NOTARY PUBLIC U
My commission expires:
yTATE OF NOH TH CAROLINA-ORANGE COUNTY
TIC FORCE 1—C C-T-CATE W OF T."'{1 I, R Ra�Z FILED
Qo 890K/FJLFA�{lf�ACE�gl-7
4� nl��yrv.,{_{+JC9T jC+1 Uel DE TIE Ot$IGNATEOGDIERNMENTA,—.,5,5 erf7,CEQTIGiEOTO-
r JUL 2 211 PH'73
�' tli:;,IE Z DAY OF_S uLx
BETTY JUNE N ES
uErTr 11—111 HF GisTER Of DEEDS FE.",ISTEP,OF DEE EDS
f
ORAN3E COUNTY,N.C.
Graham g_Chesh ire
RE E E�DEEDS
N
s –-- v',t 243 610E 829