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HomeMy WebLinkAboutAgenda - 06-17-2014 - 6v .■ . I ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 17, 2014 Action Agenda Item No. 6-v SUBJECT: Lease Release for Carrboro Greenway at Chapel Hill High School DEPARTMENT: County Attorney PUBLIC HEARING: (YIN) No ATTACHMENT(S): INFORMATION CONTACT: Lease Release Agreement with Map John Roberts, 245-2318 James Bryan, 245-2319 PURPOSE: To release a portion of the property at Chapel Hill High School from the current lease with the Orange County Board of Education to the Town of Carrboro in order for the Town to use State grant funds to construct a greenway. BACKGROUND: The State of North Carolina leases property to Orange County which in turn subleases it to the Orange County Board of Education. The Town of Carrboro has received a state grant to construct a greenway which passes through this property. In order to receive funding, the State requires the Town to have a lease release document securing an interest in the property. FINANCIAL IMPACT: None. RECOMMENDATION(S): The Manager recommends that the Board approve the lease release agreement and authorize the Chair to sign. 6/n dZ4 20140707000118960 S/INS V Bk:RB5814 Pg:10 07/07/2014 12:05:16 PM 1/8 FILED Deborah B. Brooks Register of Deeds, Orange Co,NC n Recording Fee: $26.00 NC Real Estate TX: $.00 q-�-79- NS - 5 a$ 3 Prepared by: Attorney General's Office/Property Control Section PO -5 7-3 !a o PO Box 629,Raleigh,North Carolina 27602 SPO File No.:068-CS/DOJ File No.:PC-13-00370 9T79 - 5-g-,6-q114 After Recording Mail To: Robert E. Horni k, Jr. , The Brough Law Firm, 1829 F- Frankl in St. Chapel Hill , NC 27514 STATE OF NORTH CAROLINA EASEMENT AND RELEASE COUNTY OF ORANGE THIS EASEMENT ("Easement"), made and entered into as of the date set forth in the notary acknowledgment below, by and between the STATE OF NORTH CAROLINA, a body politic and corporate, hereinafter referred to as "Grantor", and the TOWN OF CARRBORO, a North Carolina municipal corporation, hereinafter referred to as "Grantee," and ORANGE COUNTY, hereinafter referred to as "Tenant," and CHAPEL HILL — CARRBORO CITY BOARD OF EDUCATION, hereinafter referred to as "Sub-Tenant." WITNESSETH : THAT, WHEREAS, University of North Carolina at Chapel Hill, has authorized and approved the execution of this instrument for the purposes herein expressed; and WHEREAS, the execution of this instrument for and on behalf of the Grantor has been duly approved by the Council of State by resolution adopted at a meeting held in the City of Raleigh, North Carolina, on the 3rd day of December, 2013 and on March 11, 2014; and WHEREAS, Grantor owns those certain parcels or tracts of land located in the Town of Carrboro, Orange County, North Carolina being more particularly described in Deed Book 1750, Page 470, and Deed Book 1752, Page 32, all of the Orange County Registry (said parcels owned by Grantor being collectively referred to herein as the "Property"); and Page 1 of 8 RB5814 11 218 WHEREAS, it is the intent of Grantee to construct the Homestead-Chapel Hill High School Multi-Use Path Greenway Project to provide a pedestrian and bike link to the Grantee's Greenway System and accessories and appurtenances related thereto within and upon that portion of the Property described herein; and WHEREAS, Grantor leased a portion of the Property to Tenant and Sub-Tenant, under the terms and conditions of that certain Lease Agreement, dated June 14, 2001, for the athletic facilities under the leadership of the Chapel Hill—Carrboro City Board of Education; and WHEREAS, Tenant and Sub-Tenant enter into the execution of this Easement for the purposes set forth herein and for the purpose of releasing their leasehold interest in the Property to Grantor in furtherance of this Easement and the easement rights herein granted. NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, (1) Grantor does hereby grant, sell and convey unto Grantee, its successors and assigns, the right, privilege and easement for ingress and egress and an easement to construct, install, operate, maintain, inspect, repair, reconstruct and replace a greenway for pedestrian use, and accessories and appurtenances related thereto (collectively hereinafter referred to as the "Improvements"); (2) Tenant and Sub- Tenant do hereby release, quitclaim and reconvey to the STATE OF NORTH CAROLINA, any right, title, estate, claim or interest which they may or may have by virtue of said Lease recorded in Deed Book 2308, Page 576 of the Orange County Registry, in and to that portion of said property within and upon that certain portion of the Property being more particularly described as follows: Public Greenway Easement: POINT OF BEGINNING being North 42 degrees 51 minutes 51 seconds East 26.46 feet from —L- Station 19+00.00; thence along a point on a bearing North 65 degrees 04 minutes 16 seconds East 55.01 feet; thence along a curve 91.93 feet and having a radius of 100.00 feet. The chord of said curve being on a bearing South 88 degrees 35 minutes 35 seconds East, a distance of 88.73 feet; thence along a curve 247.87 feet and having a radius of 240.00 feet. The chord of said curve being on a bearing North 88 degrees 09 minutes 19 seconds East, a distance of 237.00 feet; thence along a curve 218.28 feet and having a radius of 260.00 feet. The chord of said curve being on a bearing North 82 degrees 37 minute 07 seconds East, a distance of 211.92 feet; thence to a point on a bearing South 73 degrees 19 minutes 51 seconds East 157.27 feet; thence along a curve 105.59 feet and having a radius of 80.00 feet. The chord of said curve being on a bearing North 68 degrees 51 minutes 25 seconds East, a distance of 98.09 feet; thence along a point on a bearing North 31 degrees 02 minutes 41 seconds East 36.63 feet; thence along a curve 67.69 feet and having a radius of 140.00 feet. The chord of said curve being on a bearing North 17 degrees 11 minutes 38 seconds East, a distance of 67.03 feet; thence along a curve 8.09 feet and having a radius of 140.00 feet. The chord of said curve being on a bearing of North 01 degrees 41 minutes 12 seconds East, a distance of 8.09 feet; thence along a point on a bearing North 00 degrees 01 minutes 49 seconds East 70.24 feet; thence along a curve 90.51 feet and having a radius of 85.00 feet. The chord of said curve being on a bearing North 30 degrees 32 minutes 05 seconds East, a distance of 86.29 feet; thence along a point on a bearing South 28 Page 2 of 8 1 II�1 IIY�J !/����IIO�OWIIIII II III IIIIIIII IIIIIII RB5814 12 3/8 degrees 57 minutes 39 seconds East 20.00 feet; thence along a curve 69.21 feet and having a radius of 65.00 feet. The chord of said curve being on a bearing South 30 degrees 32 minutes 05 seconds West, a distance of 65.99 feet; thence along a point on a bearing South 00 degrees 01 minutes 49 seconds West 70.24 feet; thence along a curve 8.02 feet and having a radius of 160.00 feet. The chord of said curve being on a bearing South 01 degrees 27 minutes 56 seconds West, a distance of 8.02 feet; thence along a curve 78.59 feet and having a radius of 160.00 feet. The chord of said curve being on a bearing of South 16 degrees 58 minutes 22 seconds West, a distance of 77.81 feet; thence along a point on a bearing South 31 degrees 02 minutes 41 seconds West 36.63 feet; thence along a curve 131.99 feet and having a radius of 100.00 feet. The chord of said curve being on a bearing South 68 degrees 51 minutes 25 seconds West, a distance of 122.61 feet; thence along a point on a bearing North 73 degrees 19 minutes 51 seconds West 157.27 feet; thence along a curve 201.49 feet and having a radius of 240.00 feet. The chord of said curve being on a bearing of South 82 degrees 37 minutes 07 seconds West, a distance of 195.62 feet; thence along a curve 268.53 feet and having a radius of 260.00 feet. The chord of said curve being on a bearing South 88 degrees 09 minutes 19 seconds West, a distance of 256.75 feet; thence along a curve 73.54 feet and having a radius of 80.00 feet. The chord of said curve being on a bearing North 88 degrees 35 minutes 35 seconds West, a distance of 70.98 feet; thence along a point on a bearing South 65 degrees 04 minutes 16 seconds West 51.86 feet; thence along a point on a bearing North 33 degrees 52 minutes 52 seconds West 20.25 feet; returning to the POINT and PLACE OF BEGINNING. Having an area of 22,964 square feet or 0.527 acres, more or less as shown on that project plan survey for "Project U-4726DE, Homestead-Chapel Hill High School Multi-use Path, Orange County,North Carolina." Temporary Easement#1Easement#1: POINT OF BEGINNING being North 42 degrees 51 minutes 51 seconds East, 26.46 feet from -L- Sta 19+00.00; thence to a point on a bearing North 33 degrees 52 minutes 52 seconds West, 10.12 feet; thence to a point on a bearing North 54 degrees 04 minutes 53 seconds East, 62.47 feet; thence to a point on a bearing North 84 degrees 48 minutes 10 seconds East, 49.03 feet; thence to a point on a bearing South 88 degrees 21 minutes 14 seconds East, 53.22 feet; thence along a curve 81.66 feet and having a radius of 230.00 feet. The chord of said curve being on a bearing South 72 degrees 25 minutes 42 seconds East, a distance of 81.23 feet; thence to a point on a bearing North 55 degrees 38 minutes 45 seconds East, 18.69 feet; thence to a point on a bearing South 71 degrees 14 minutes 26 seconds East, 36.06 feet; thence along a curve 106.20 feet and having a radius of 230.00 feet. The chord of said curve being on a bearing North 71 degrees 47 minutes 47 seconds East, a distance of 105.26 feet; thence to a point on a bearing North 69 degrees 36 minutes 42 seconds East, 51.72 feet;thence along a curve 171.40 feet and having a radius of 265.00 feet. The chord of said curve being on a bearing North 88 degrees 08 minutes 26 seconds East, a distance of 168.42 feet; thence to a point on a bearing South 73 degrees 19 minutes 51 seconds East, 157.27 feet; thence along a curve 98.99 feet and having a radius of 75.00 feet. The chord of said curve being on a bearing North 68 degrees 51 minutes 25 seconds East, a distance of 91.96 feet; thence to a point on a bearing North 31 degrees 02 minutes 41 seconds East, 36.63 feet; thence along a curve 64.96 feet and having a radius of 135.00 feet. The chord of said curve being on a bearing North 17 degrees 15 minutes 34 seconds East, a distance of 64.34 feet; thence to a point on a bearing North 89 degrees 48 minutes 33 seconds East, 167.83 feet; thence to a point on a bearing South 19 degrees 11 minutes 27 seconds East, 6.41 feet; thence to a point on a bearing South 51 degrees 30 minutes Page 3 of 8 RB5B14 13 4/B 43 seconds West, 32.93 feet; thence to a point on a bearing North 40 degrees 50 minutes 30 seconds West, 23.58 feet; thence to a point on a bearing South 47 degrees 21 minutes 21 seconds West, 43.47 feet; then to a point on a bearing North 63 degrees 59 minutes 35 seconds West, 74.59 feet; thence along a curve 76.31 feet and having a radius of 165.00 feet. The chord of said curve being on a bearing South 17 degrees 47 minutes 46 seconds West, a distance of 75.63 feet;thence to a point on a bearing South 31 degrees 02 minutes 41 seconds West, 36.63 feet; thence along a curve 138.59 feet and having a radius of 105.00 feet. The chord of said curve being on a bearing South 68 degrees 51 minutes 25 seconds West, a distance of 128.75 feet; thence to a point on a bearing North 73 degrees 19 minutes 51 seconds West, 157.27 feet; thence along a curve 197.29 feet and having a radius of 235.00 feet. The chord of said curve being on a bearing South 82 degrees 37 minutes 07 seconds West, a distance of 191.54 feet; thence to a point on a bearing South 50 degrees 31 minutes 58 seconds West, 22.19 feet, thence along a curve 123.74 feet and having a radius of 269.00 feet. The chord of said curve being on a bearing South 76 degrees 25 minutes 50 seconds West, a distance of 122.65 feet; thence to a point on a bearing South 00 degrees 23 minutes 29 seconds East, 21.00 feet; thence to a point on a bearing North 88 degrees 40 minutes 21 seconds West, 17.40 feet; thence to a point on a bearing North 03 degrees 02 minutes 47 seconds East, 20.00 feet; thence along a curve 117.20 feet and having a radius of 290.00 feet. The chord of said curve being on a bearing North 76 degrees 31 minutes 45 seconds West, a distance of 116.40 feet; thence to a point on a bearing South 81 degrees 20 minutes 03 seconds West, 107.05 feet; thence to a point on a bearing North 33 degrees 52 minutes 52 seconds West, 30.37 feet; returning to the POINT AND PLACE OF BEGINNING. Having an area of 39221 Sqr feet or 0.900 acres, more or less as shown on that project plan survey for"Project U-4726DE, Homestead-Chapel Hill High School Multi-use Path, Orange County,North Carolina." Temporary Construction Easement#2: POINT OF BEGINNING being North 27 degrees 19 minutes 21 seconds West, 18.03 feet from -L- Sta 29+00.00; thence to a point on a bearing North 89 degrees 48 minutes 3 seconds East, 5.01 feet; thence along a curve 8.11 feet and having a radius of 135.00 feet. The chord of said curve being on a bearing North 01 degrees 45 minutes 08 seconds East, a distance of 8.11 feet; thence to a point on a bearing North 00 degrees 01 minutes 40 seconds East, 70.24 feet; thence along a curve 67.54 feet and having a radius of 90.00 feet. The chord of said curve being on a bearing North 21 degrees 31 minutes 45 seconds East, a distance of 65.97 feet; thence to a point on a bearing North 43 degrees 01 minutes 41 seconds East, 32.38 feet; thence to a point on a bearing South 89 degrees 53 minutes 44 seconds East, 123.54 feet;thence to a point on a bearing South 00 degrees 48 minutes 33 seconds West, 162.61 feet; thence to a point on a bearing North 89 degrees 48 minutes 33 seconds East, 162.82; returning to the POINT AND PLACE OF BEGINNING. Having an area of 26202 Sqr feet or 0.602 acres, more or less as shown on that project plan survey for"Project U-4726DE, Homestead-Chapel Hill High School Multi-use Path, Orange County,North Carolina." IT IS UNDERSTOOD AND AGREED BETWEEN GRANTOR, GRANTEE, TENANT AND SUB-TENANT: 1. The Improvements shall remain the property of Grantee. Grantee shall have the right to go in and upon the Property, at its sole cost and expense, to construct, install, inspect, repair, reconstruct and replace the Improvements and in general do any other thing necessary and Page 4 of 8 RB5814 14 518 convenient for the operation and maintenance of the Improvements in such manner as shall occasion the least practical damage and inconvenience to Grantor, Tenant and Sub-Tenant. 2. Grantee agrees that it will, to the extent practical, return the Easement Area and any other areas of the Property affected by the construction of the Improvements to preconstruction condition, including if necessary, replacing any trees which may be destroyed during construction. 3. It is understood and agreed that Grantee will correct any drainage problems on the Property related to the construction of the Improvements in a timely manner and to Grantor's satisfaction. 4. That Grantor, Tenant and Sub-Tenant may use the Easement Area for all purposes not inconsistent with the rights herein granted. 5. This Easement is granted subject to all existing rights of way and easements within the Easement Area herein described. 6. This Easement shall run with the title to Property and shall be binding and inure to the benefit of Grantee, its successors and assigns. 7. That by acceptance of this Easement, Grantee binds itself and its successors, agents and assigns to the foregoing conditions. 8. Grantee agrees that the Temporary Construction Easement Area will be utilized and maintained in such a way as not to impair or restrict the public use of the Easement Area. The Temporary Construction Easements described herein shall terminate upon completion of the Project. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto Grantee, its successors and assigns in perpetuity. IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this instrument to be executed in its name by PAT McCRORY, Governor, attested by ELAINE F. MARSHALL, Secretary of State, and the Great Seal of the State of North Carolina to be hereto affixed by virtue of the power and authority aforesaid. STATE OF NORTH CAROLINA ik ti 4y By. PAT McC ORY, C.1gernor `.. Page 5 of 8 RB5814 15 618 ATTEST4 By: J/h. 1116,11 P. NTARS14AAL — Secretary of State APPROVED AS TO FORM: R OOPER, Atto ey General By: Assistant At orney General STATE OF NORTH CAROLINA COUNTY OF WAKE CIA a Notary Public in and for the County of 0 and State of North Carolina, do hereby certify that ELAINE F. MARSHALL, Secretary of State of North Carolina, personally came before me this day and acknowledged that she is Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by PAT McCRORY, Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and attested by herself as Secretary of State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the 90i'day of VJA--P— 2014. Q�K�kL Notali)f Public My Commission Expires: Print Name: tj JENNELL SAM GHMI. N tU Notary Public Johnston county State of North caroono My commission W Page 6 of 8 RB5814 16 718 IN FURTHER TESTIMONY WHEREOF, Orange County joins in the execution of this Easement for the sole purpose of subordinating its leasehold interest under the Lease to the easement granted herein and has caused these presents to be signed in its name by its duly authorized officer as of the date set forth in the notary acknowledgment below. TENANT: ORANGE COUNTY,NORTH CAROLINA By: Chair ATTEST: Orange Co ty Boa Co missioners BY: Clerk to the Board of Commissioners STATE OF NORTH CAROLINA COUNTY OZ"'.'. — ©✓-Lr\3 Q a Notary Public in and for the County of 0 r- e�- and State of North Carolina, do hereby certify that ohnct lEl,CL of , personally came before me this day and acknowledged that she is the Clerk of the Orange County Board of Commissioners, and that by authority duly given, the foregoing instrument was signed in its name by FScirry S 5, , Chair of the Orange County Board of Commissioners, and attested by D6nnc, SAef- , as its Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the day of J�,ne , 2014. Notary Public 1 My Commission Expires: e 7 2e Print Name: OFFICIAL SEAL Notary Public,North Caroline ORANGE COUNTY �� DAVID HUNT My Commission Expires Page 7 Of 8 RB5814 17 8/8 IN FURTHER TESTIMONY WHEREOF, the Chapel Hill — Carrboro City Board of Education joins in the execution of this Easement for the sole purpose of subordinating its leasehold interest under the Lease to the easement granted herein and has caused these presents to be signed in its name by its duly authorized officer as of the date set forth in the notary acknowledgment below. SUB-TENANT: CHAPEL HILL—CARRBORO CITY BOARD OF EDUCATION By: ��C• a B , Bec4trcA, Chair ATTEST: By: Clerk to the Board of Education STATE OF NORTH CAROLINA COUNTY OF WAKE I, 'M)1)A� K. ".4-17 a Notary Public in and for the County of -buxom and State of North Carolina, do hereby certify that _nnowA6 A., k(U-w A_, personally came before me this day and acknowledged that he/she is the Clerk of the Chapel Hill-Carrboro City Board of Education, and that by authority duly given, the foregoing instrument was signed in its name by Jpwn�� 2. &.'�rytz Chair of the Chapel Hill — Carrboro City Board of Education, and attested by \crew:q�s A. , as its Clerk. � ��r►*A t V IN WITNESS WHEREOF, I have hereunto set my hand and AR671 Seal, ' �'�ie day of SI.tJ � , 2014. MOT �� ARY _ PIJE) _ Notary Pub ' My Commission Expires: Print Namethltp Page 8 of 8 2 Prepared by: Attorney General's Office/Property Control Section PO Box 629,Raleigh,North Carolina 27602 SPO File No.:068-CS/DOJ File No.:PC-13-00370 After Recording Mail To: STATE OF NORTH CAROLINA EASEMENT AND RELEASE COUNTY OF ORANGE THIS EASEMENT ("Easement"), made and entered into as of the date set forth in the notary acknowledgment below, by and between the STATE OF NORTH CAROLINA, a body politic and corporate, hereinafter referred to as "Grantor", and the TOWN OF CARRBORO, a North Carolina municipal corporation, hereinafter referred to as "Grantee," and ORANGE COUNTY, hereinafter referred to as "Tenant," and CHAPEL HILL — CARRBORO CITY BOARD OF EDUCATION, hereinafter referred to as "Sub-Tenant." WITNESSETH : THAT, WHEREAS, University of North Carolina at Chapel Hill, has authorized and approved the execution of this instrument for the purposes herein expressed; and WHEREAS, the execution of this instrument for and on behalf of the Grantor has been duly approved by the Council of State by resolution adopted at a meeting held in the City of Raleigh, North Carolina, on the 3rd day of December, 2013 and on March 11, 2014; and WHEREAS, Grantor owns those certain parcels or tracts of land located in the Town of Carrboro, Orange County, North Carolina being more particularly described in Deed Book 1750, Page 470, and Deed Book 1752, Page 32, all of the Orange County Registry (said parcels owned by Grantor being collectively referred to herein as the "Property"); and Page I of 8 3 WHEREAS, it is the intent of Grantee to construct the Homestead-Chapel Hill High School Multi-Use Path Greenway Project to provide a pedestrian and bike link to the Grantee's Greenway System and accessories and appurtenances related thereto within and upon that portion of the Property described herein; and WHEREAS, Grantor leased a portion of the Property to Tenant and Sub-Tenant, under the terms and conditions of that certain Lease Agreement, dated June 14, 2001, for the athletic facilities under the leadership of the Chapel Hill—Carrboro City Board of Education; and WHEREAS, Tenant and Sub-Tenant enter into the execution of this Easement for the purposes set forth herein and for the purpose of releasing their leasehold interest in the Property to Grantor in furtherance of this Easement and the easement rights herein granted. NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, (1) Grantor does hereby grant, sell and convey unto Grantee, its successors and assigns, the right, privilege and easement for ingress and egress and an easement to construct, install, operate, maintain, inspect, repair, reconstruct and replace a greenway for pedestrian use, and accessories and appurtenances related thereto (collectively hereinafter referred to as the "Improvements"); (2) Tenant and Sub- Tenant do hereby release, quitclaim and reconvey to the STATE OF NORTH CAROLINA, any right, title, estate, claim or interest which they may or may have by virtue of said Lease recorded in Deed Book 2308, Page 576 of the Orange County Registry, in and to that portion of said property within and upon that certain portion of the Property being more particularly described as follows: Public Greenway Easement: POINT OF BEGINNING being North 42 degrees 51 minutes 51 seconds East 26.46 feet from —L- Station 19+00.00; thence along a point on a bearing North 65 degrees 04 minutes 16 seconds East 55.01 feet; thence along a curve 91.93 feet and having a radius of 100.00 feet. The chord of said curve being on a bearing South 88 degrees 35 minutes 35 seconds East, a distance of 88.73 feet; thence along a curve 247.87 feet and having a radius of 240.00 feet. The chord of said curve being on a bearing North 88 degrees 09 minutes 19 seconds East, a distance of 237.00 feet; thence along a curve 218.28 feet and having a radius of 260.00 feet. The chord of said curve being on a bearing North 82 degrees 37 minute 07 seconds East, a distance of 211.92 feet; thence to a point on a bearing South 73 degrees 19 minutes 51 seconds East 157.27 feet; thence along a curve 105.59 feet and having a radius of 80.00 feet. The chord of said curve being on a bearing North 68 degrees 51 minutes 25 seconds East, a distance of 98.09 feet; thence along a point on a bearing North 31 degrees 02 minutes 41 seconds East 36.63 feet; thence along a curve 67.69 feet and having a radius of 140.00 feet. The chord of said curve being on a bearing North 17 degrees 11 minutes 38 seconds East, a distance of 67.03 feet; thence along a curve 8.09 feet and having a radius of 140.00 feet. The chord of said curve being on a bearing of North 01 degrees 41 minutes 12 seconds East, a distance of 8.09 feet; thence along a point on a bearing North 00 degrees 01 minutes 49 seconds East 70.24 feet; thence along a curve 90.51 feet and having a radius of 85.00 feet. The chord of said curve being on a bearing North 30 degrees 32 minutes 05 seconds East, a distance of 86.29 feet; thence along a point on a bearing South 28 Page 2 of 8 C degrees 57 minutes 39 seconds East 20.00 feet; thence along a curve 69.21 feet and having a radius of 65.00 feet. The chord of said curve being on a bearing South 30 degrees 32 minutes 05 seconds West, a distance of 65.99 feet; thence along a point on a bearing South 00 degrees 01 minutes 49 seconds West 70.24 feet; thence along a curve 8.02 feet and having a radius of 160.00 feet. The chord of said curve being on a bearing South 01 degrees 27 minutes 56 seconds West, a distance of 8.02 feet; thence along a curve 78.59 feet and having a radius of 160.00 feet. The chord of said curve being on a bearing of South 16 degrees 58 minutes 22 seconds West, a distance of 77.81 feet; thence along a point on a bearing South 31 degrees 02 minutes 41 seconds West 36.63 feet; thence along a curve 131.99 feet and having a radius of 100.00 feet. The chord of said curve being on a bearing South 68 degrees 51 minutes 25 seconds West, a distance of 122.61 feet; thence along a point on a bearing North 73 degrees 19 minutes 51 seconds West 157.27 feet; thence along a curve 201.49 feet and having a radius of 240.00 feet. The chord of said curve being on a bearing of South 82 degrees 37 minutes 07 seconds West, a distance of 195.62 feet; thence along a curve 268.53 feet and having a radius of 260.00 feet. The chord of said curve being on a bearing South 88 degrees 09 minutes 19 seconds West, a distance of 256.75 feet; thence along a curve 73.54 feet and having a radius of 80.00 feet. The chord of said curve being on a bearing North 88 degrees 35 minutes 35 seconds West, a distance of 70.98 feet; thence along a point on a bearing South 65 degrees 04 minutes 16 seconds West 51.86 feet; thence along a point on a bearing North 33 degrees 52 minutes 52 seconds West 20.25 feet; returning to the POINT and PLACE OF BEGINNING. Having an area of 22,964 square feet or 0.527 acres, more or less as shown on that project plan survey for "Project U-4726DE, Homestead-Chapel Hill High School Multi-use Path, Orange County, North Carolina." Temporary Construction Easement 41: POINT OF BEGINNING being North 42 degrees 51 minutes 51 seconds East, 26.46 feet from -L- Sta 19+00.00; thence to a point on a bearing North 33 degrees 52 minutes 52 seconds West, 10.12 feet; thence to a point on a bearing North 54 degrees 04 minutes 53 seconds East, 62.47 feet; thence to a point on a bearing North 84 degrees 48 minutes 10 seconds East, 49.03 feet; thence to a point on a bearing South 88 degrees 21 minutes 14 seconds East, 53.22 feet; thence along a curve 81.66 feet and having a radius of 230.00 feet. The chord of said curve being on a bearing South 72 degrees 25 minutes 42 seconds East, a distance of 81.23 feet; thence to a point on a bearing North 55 degrees 38 minutes 45 seconds East, 18.69 feet; thence to a point on a bearing South 71 degrees 14 minutes 26 seconds East, 36.06 feet; thence along a curve 106.20 feet and having a radius of 230.00 feet. The chord of said curve being on a bearing North 71 degrees 47 minutes 47 seconds East, a distance of 105.26 feet; thence to a point on a bearing North 69 degrees 36 minutes 42 seconds East, 51.72 feet; thence along a curve 171.40 feet and having a radius of 265.00 feet. The chord of said curve being on a bearing North 88 degrees 08 minutes 26 seconds East, a distance of 168.42 feet; thence to a point on a bearing South 73 degrees 19 minutes 51 seconds East, 157.27 feet; thence along a curve 98.99 feet and having a radius of 75.00 feet. The chord of said curve being on a bearing North 68 degrees 51 minutes 25 seconds East, a distance of 91.96 feet; thence to a point on a bearing North 31 degrees 02 minutes 41 seconds East, 36.63 feet; thence along a curve 64.96 feet and having a radius of 135.00 feet. The chord of said curve being on a bearing North 17 degrees 15 minutes 34 seconds East, a distance of 64.34 feet; thence to a point on a bearing North 89 degrees 48 minutes 33 seconds East, 167.83 feet; thence to a point on a bearing South 19 degrees 11 minutes 27 seconds East, 6.41 feet; thence to a point on a bearing South 51 degrees 30 minutes Page 3 of 8 5 43 seconds West, 32.93 feet; thence to a point on a bearing North 40 degrees 50 minutes 30 seconds West, 23.58 feet; thence to a point on a bearing South 47 degrees 21 minutes 21 seconds West, 43.47 feet; then to a point on a bearing North 63 degrees 59 minutes 35 seconds West, 74.59 feet; thence along a curve 76.31 feet and having a radius of 165.00 feet. The chord of said curve being on a bearing South 17 degrees 47 minutes 46 seconds West, a distance of 75.63 feet; thence to a point on a bearing South 31 degrees 02 minutes 41 seconds West, 36.63 feet; thence along a curve 138.59 feet and having a radius of 105.00 feet. The chord of said curve being on a bearing South 68 degrees 51 minutes 25 seconds West, a distance of 128.75 feet; thence to a point on a bearing North 73 degrees 19 minutes 51 seconds West, 157.27 feet; thence along a curve 197.29 feet and having a radius of 235.00 feet. The chord of said curve being on a bearing South 82 degrees 37 minutes 07 seconds West, a distance of 191.54 feet; thence to a point on a bearing South 50 degrees 31 minutes 58 seconds West, 22.19 feet, thence along a curve 123.74 feet and having a radius of 269.00 feet. The chord of said curve being on a bearing South 76 degrees 25 minutes 50 seconds West, a distance of 122.65 feet; thence to a point on a bearing South 00 degrees 23 minutes 29 seconds East, 21.00 feet; thence to a point on a bearing North 88 degrees 40 minutes 21 seconds West, 17.40 feet; thence to a point on a bearing North 03 degrees 02 minutes 47 seconds East, 20.00 feet; thence along a curve 117.20 feet and having a radius of 290.00 feet. The chord of said curve being on a bearing North 76 degrees 31 minutes 45 seconds West, a distance of 116.40 feet; thence to a point on a bearing South 81 degrees 20 minutes 03 seconds West, 107.05 feet; thence to a point on a bearing North 33 degrees 52 minutes 52 seconds West, 30.37 feet; returning to the POINT AND PLACE OF BEGINNING. Having an area of 39221 Sqr feet or 0.900 acres, more or less as shown on that project plan survey for"Project U-4726DE, Homestead-Chapel Hill High School Multi-use Path, Orange County, North Carolina." Temporary Construction Easement 42: POINT OF BEGINNING being North 27 degrees 19 minutes 21 seconds West, 18.03 feet from -L- Sta 29+00.00; thence to a point on a bearing North 89 degrees 48 minutes 3 seconds East, 5.01 feet; thence along a curve 8.11 feet and having a radius of 135.00 feet. The chord of said curve being on a bearing North 01 degrees 45 minutes 08 seconds East, a distance of 8.11 feet; thence to a point on a bearing North 00 degrees 01 minutes 40 seconds East, 70.24 feet; thence along a curve 67.54 feet and having a radius of 90.00 feet. The chord of said curve being on a bearing North 21 degrees 31 minutes 45 seconds East, a distance of 65.97 feet; thence to a point on a bearing North 43 degrees 01 minutes 41 seconds East, 32.38 feet; thence to a point on a bearing South 89 degrees 53 minutes 44 seconds East, 123.54 feet; thence to a point on a bearing South 00 degrees 48 minutes 33 seconds West, 162.61 feet; thence to a point on a bearing North 89 degrees 48 minutes 33 seconds East, 162.82; returning to the POINT AND PLACE OF BEGINNING. Having an area of 26202 Sqr feet or 0.602 acres, more or less as shown on that project plan survey for"Project U-4726DE, Homestead-Chapel Hill High School Multi-use Path, Orange County, North Carolina." IT IS UNDERSTOOD AND AGREED BETWEEN GRANTOR, GRANTEE, TENANT AND SUB-TENANT: 1. The Improvements shall remain the property of Grantee. Grantee shall have the right to go in and upon the Property, at its sole cost and expense, to construct, install, inspect, repair, reconstruct and replace the Improvements and in general do any other thing necessary and Page 4 of 8 C convenient for the operation and maintenance of the Improvements in such manner as shall occasion the least practical damage and inconvenience to Grantor, Tenant and Sub-Tenant. 2. Grantee agrees that it will, to the extent practical, return the Easement Area and any other areas of the Property affected by the construction of the Improvements to preconstruction condition, including if necessary, replacing any trees which may be destroyed during construction. 3. It is understood and agreed that Grantee will correct any drainage problems on the Property related to the construction of the Improvements in a timely manner and to Grantor's satisfaction. 4. That Grantor, Tenant and Sub-Tenant may use the Easement Area for all purposes not inconsistent with the rights herein granted. 5. This Easement is granted subject to all existing rights of way and easements within the Easement Area herein described. 6. This Easement shall run with the title to Property and shall be binding and inure to the benefit of Grantee, its successors and assigns. 7. That by acceptance of this Easement, Grantee binds itself and its successors, agents and assigns to the foregoing conditions. 8. Grantee agrees that the Temporary Construction Easement Area will be utilized and maintained in such a way as not to impair or restrict the public use of the Easement Area. The Temporary Construction Easements described herein shall terminate upon completion of the Project. TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto Grantee, its successors and assigns in perpetuity. IN TESTIMONY WHEREOF, the STATE OF NORTH CAROLINA has caused this instrument to be executed in its name by PAT McCRORY, Governor, attested by ELAINE F. MARSHALL, Secretary of State, and the Great Seal of the State of North Carolina to be hereto affixed by virtue of the power and authority aforesaid. STATE OF NORTH CAROLINA By: PAT McCRORY, Governor Page 5 of 8 C ATTEST: By: ELAINE F. MARSHALL Secretary of State APPROVED AS TO FORM: ROY COOPER, Attorney General By: Assistant Attorney General STATE OF NORTH CAROLINA COUNTY OF WAKE I, a Notary Public in and for the County of and State of North Carolina, do hereby certify that ELAINE F. MARSHALL, Secretary of State of North Carolina, personally came before me this day and acknowledged that she is Secretary of State of North Carolina, and that by authority duly given and as the act of the State, the foregoing instrument was signed in its name by PAT McCRORY, Governor of the State of North Carolina, sealed with the Great Seal of the State of North Carolina, and attested by herself as Secretary of State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the day of 2014. Notary Public My Commission Expires: Print Name: Page 6 of 8 C IN FURTHER TESTIMONY WHEREOF, Orange County joins in the execution of this Easement for the sole purpose of subordinating its leasehold interest under the Lease to the easement granted herein and has caused these presents to be signed in its name by its duly authorized officer as of the date set forth in the notary acknowledgment below. TENANT: ORANGE COUNTY, NORTH CAROLINA By: , Chair ATTEST: Orange County Board of Commissioners BY: Clerk to the Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF WAKE I, a Notary Public in and for the County of and State of North Carolina, do hereby certify that , personally came before me this day and acknowledged that she is the Clerk of the Orange County Board of Commissioners, and that by authority duly given, the foregoing instrument was signed in its name by Chair of the Orange County Board of Commissioners, and attested by as its Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the day of 2014. Notary Public My Commission Expires: Print Name: Page 7 of 8 C IN FURTHER TESTIMONY WHEREOF, the Chapel Hill — Carrboro City Board of Education joins in the execution of this Easement for the sole purpose of subordinating its leasehold interest under the Lease to the easement granted herein and has caused these presents to be signed in its name by its duly authorized officer as of the date set forth in the notary acknowledgment below. SUB-TENANT: CHAPEL HILL— CARRBORO CITY BOARD OF EDUCATION By: Chair ATTEST: By: Clerk to the Board of Education STATE OF NORTH CAROLINA COUNTY OF WAKE I, a Notary Public in and for the County of and State of North Carolina, do hereby certify that , personally came before me this day and acknowledged that he/she is the Clerk of the Chapel Hill-Carrboro City Board of Education, and that by authority duly given, the foregoing instrument was signed in its name by , Chair of the Chapel Hill — Carrboro City Board of Education, and attested by as its Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, this the day of 2014. Notary Public My Commission Expires: Print Name: Page 8 of 8 O a Tin 0 Oa Arw"-. \\ \ ynpY Q �iDiG 4 trill o H "� ;. EP flex blo LMA fit � 11 ► ; � I • • n i I E I +►� 00 yip IIIaaaaasaaa P 01 1 n IF i gill z a its If a ' `/ N eI � g x 3 � N of � � lu Jill s 'loll xl Exhibit A 11 B300,2308 FnE 588 BEING all that tract of land containing 16.42 acres,more or less, located in Chapel Hill Township, Orange County, North Carolina; and bounded, now or formerly, by natural boundaries and/or owned be and/or in possession of persons as follows: On the north and east the Chapel Hill City Board of Education, Inc.,.on the south by University of North Carolina at Chapel Hill, and on the west by K.R. Proctor and H.H. Yates; and being more particularly described by courses and distances according to a drawing by Corley Redfoot Zack,Inc. entitled Athletic Fields for Chapel Hill/Canboro Board of Education Homestead Road,project number 9818, sheet LA-1,dated 1/11101, as follows: BEGINNING at the northeast corner of the University of North Carolina at Chapel Hill tract as recorded in deed book 1752 at page 32 and a common corner with the Chapel Hill City Board of Education,Inc.,thence with the Chapel Hill City Board ofEduc4oa,'Inc. the following two calls: (I) 500°-58'-06"W,740.62 feet to an iron pipe,and(2)S01°- 00'-19"W,473.94 feet to an iron pipe;thence new lease lines across University of North Carolina at Chapel Hill property the following six calls: (1)West,438.12 feet to a point, (2)N49°-31'-27"W, 145.30 feet to a point,(3)N49°-29'-45"W, 159.53 feet to a point, (4) N470-48'-30"W,67.41 feet to a point,(5)with a curve to the left having a radius of 230.00 feet a chord bearing and distance of N54'-02-53"W, 50.00 feet to a point,aad (6) NW-17'-15"W,24.39 feet to an iron pipe;thence with K.R.Proctor the following three calls: (1)%rith a curve to the left having a radius of 910.39 feet a chord bearing and distance of N27'-23'-01"E,96.48 feet to an iron pipe, (2)with a curve to the left having a radius of 187.67 feet a chord bearing and distance of N24°-22'-20'T,32.20 feet to an iron pipe, and (3)with a curve to the left having a radius of 915.37 feet a chord bearing and distance of N2V-3I'-28'E, 89.79 feet to an iron stake; thence with H.H. Yates the following four calls: (I)N17°-38'-50"E, 166.52 feet to an iron pipe,(2)with a curve to the left having a radius of 6260.00 feet a chord bearing and distance ofN16°-S9'-48"E, 149.06 feet to an it n pipe, (3) SW-01'44"E, 130.59 feet to an iron pipe,and (4)N00°- 58'-06"E,430.87 feet to an iron pipe; thence with the Chapel Hill City Board of Education, Inc.N89°-54'-07"E,481.33 feet to the BEGINNING iron pipe. For reference purposes for source of title see: deeds in book 1752 at page 32 and book 1750 at page 470.