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HomeMy WebLinkAboutAgenda - 03-08-1995 - V-A t 1 ORANGE COUNTY BOARD OF COMMISSIONERS - -- -- Action Agenda Item No ACTION AGENDA ITEM ABSTRACT Meeting Date: March 8, 1995 SUBJECT: Purchase of Neville Tract ----------------------------------------------------------------------- DEPARTMENT County Manager/Public Works PUBLIC HEARING YES NO x -------------------------------- ------------------------------- ATTACHMENT(S) INFORMATION CONTACT Proposed BOCC Resolution Rod Visser, ext 2300 2/23/95 LOG Resolution Wilbert McAdoo, ext 2625 2/23/95 LOG Staff Memo TELEPHONE NUMBER Neighborhood Map Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 ----------------------------------------------------------------------- PURPOSE: To consider a resolution approving the purchase of 14 .4 acres of property by the Town of Chapel Hill on behalf of the Landfill Owner' s Group. BACKGROUND: At their meeting last week, the Landfill Owner' s Group adopted a resolution requesting the governing boards of Chapel Hill, Carrboro, and Orange County to authorize the purchase of a 14.4 acre parcel known as the Neville tract. If approved, the Town of Chapel Hill would purchase the property using funds in the Land Reserve account of the Landfill Fund, which is administered by the Town on behalf of all three local governments. The Neville tract is immediately between the south side of the current Eubanks Road landfill and the Greene tract. The Neville tract would provide access between the two larger LOG owned tracts, and would provide a source of cover soil for landfill operations which are scheduled to begin later this Spring in the new lined landfill cell on the south side of Eubanks Road. RECOMMENDATION: The Manager recommends that the Board approve the resolution authorizing the purchase of the Neville tract. t 2 ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION AUTHORIZING THE TOWN OF CHAPEL HILL TO USE FUNDS FROM THE LAND RESERVE ACCOUNT IN THE LANDFILL FUND TO PURCHASE THE NEVILLE TRACT ON BEHALF OF THE LANDFILL OWNER'S GROUP MEMBER GOVERNMENTS WHEREAS, there is a need for additional soil for landfill operations at the current landfill site; and WHEREAS, there is a legal right of access for the Neville tract through the Greene tract; and WHEREAS, the purchase of the Neville tract will provide for the needed soil and remove the access easement across the Greene tract; and WHEREAS, it is not the intention of the Landfill Owner's Group to use the Neville tract as a landfill; and WHEREAS, it is the intention of the Landfill Owner's Group to restore the Neville tract to a natural state, as near as practicable, upon the completion of soil excavation operations on the property, should those operations be necessary; and WHEREAS, it is the intention of the Landfill Owners' Group to use whatever buffering techniques are practicable to minimize impact on surrounding properties, taking into account the concerns of neighborhood residents in addition to those buffering techniques required by law; and WHEREAS, ownership of the Neville tract will be in proportion equal to that of the current landfill (Carrboro - 14%, Chapel Hill - 43%, Orange County - 43%) ; and WHEREAS, it is agreed that the purchase price will be $7,000 per acre, with the total price to be determined by survey prior to closing; and WHEREAS, the Landfill Owner's Group adopted a resolution at their meeting on February 23, 1995 requesting the governing boards of the three member governments to approve the purchase of the Neville tract by the Town of Chapel Hill using funds accumulated in the Land Reserve account of the Landfill Fund; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby authorize the Town of Chapel Hill to purchase the Neville tract on behalf of the member governments of the Landfill Owner's Group for the purposes and under the conditions herein indicated. This, the 8th day of March, 1995. 3 A Resolution requesting the Carrboro Board of Alderman, the chapel Hill Town Council and the Orange County Board of Commissioners to authorize the Chapel Hill Town Manager to Utilize the Landfill Reserve Fund - Land Reserve, to purchase the property known as the Seville tract adjacent to the South Eubanks Landfill. - WHFIMS, there is the need for additional soil for landfill operations at the current landfill site; and WHEREAS, there is a legal right of access for the Neville tract through the Greene tract; and WHEREAS, the purchase of the property known as the Neville tract will Provide for the needed soil and remove the access easement across the Greene tract; and WHEREAS, it is not the intention of the Landfill Owners' Group to use the Neville tract as a landfill; and WHEREAS, it the Neville Tract is used for soil excavation, the Landfill owners Group will be responsible for taking all practicable measures to restore the land to a natural state; and WKERPAS, ownership will be in proportion equal to that of the current landfill (Carrboro - 14%, Chapel Hill = 43% and orange County = 43-%) ,, and WHEREAS, it is agreed that the purchase price will be $7,000 per acre, with the total to be determined by a survey prior to closing; NOW, THEREFORE, BE IT RESOLVED by the Landfill Owners' Group that the Landfill Owners, Group recommends to the governing boards that they approve resolutions authorizing the Town of Chapel Hill to purchase the property known as the Nev-111a. tract', BE IT FURTMM RESOLVED that the Landfill Owners Group states its intention to use whatever buffering tachniques are practicable to minimize impact on surrounding properties, taking into account the concerns of neighborhood residents in addition to those buffering techniques imposed by law. This the 23rd day of February. 4 MEMORANDUM To: Landfill Owners, Group From: Bruce Heflin, Chapel Hill Public Works Director Subject : Property Acquisition - Neville Tract Date: February 23, 1995 The attached resolution would request authorization from the Town of Carrboro Board of Alderman, the Chapel Hill Town Council and the Orange County Board of Commissioners, for the Town of Chapel Hill to use funds from the Land Reserve of the Landfill Fund to purchase the 14 .40 acre tract of land known as the Neville tract. The attorney for the owners has accepted our conditional offer of V., 0.00/acre. Background The Neville tract consists of 14 .40 acres and is located southeast of and adjoining the southern portion of the existing landfill on Eubanks Road. We have a multiple interests in acquiring this property: The Neville tract lies between the Greene tract and our South Eubanks Landfill property and there is interest in Joining these properties . An access easement exists to the Neville tract through the Greene tract, which effectively is a legal and practical impediment to the use of the Greene property. In calculating requirements for soil for covering waste and closing the new phase, it became apparent that there is a deficit of about 200, 000 cubic yards of soil available on the landfill, which could be provided by the Neville tract. On November 17, 1994, the Landfill Owners' Group approved a resolution authorizing the Chapel Hill Town Manager to proceed with negotiations to acquire the Neville property. The Owners Group agreed to inform their respective boards of the proposed acquisition (see attached staff report) . Upon completing negotiations, the staff was to return to the Owners' Group with a purchase proposal. The Owners Group would, if this proposal is acceptable, recommend that the governing bodies adopt resolutions authorizing the Town of Chapel Hill to use funds from the land reserve fund for the purchase of the property, designating ownership in proportion equal to that of the current landfill (Carrboro = 14t, Chapel Hill = 43% and Orange County 4346) 5 2 Discussion On December 28 , 1994, the Town Attorney prepared a conditional offer of $7, 000 per acre to the attorney representing the Ben Neville heirs . On February 1, 1995, the Neville attorney notified us of their acceptance of our conditional $7, 000 per acre offer, with the exact amount to be determined based on a survey. (If the survey indicates 14 .40 acres,.. the total price would be $100 , 800 . ) The purchasers would pay the costs of the survey, appraisals, and all other closing costs with the exception of the sellers attorney fees related to the closing. Our conditional offer was in part based upon three prior appraisals : Prepared for Town of Chapel Hill 1991 Est . $5, 200/acre Prepared for Neville Heirs 1994 Est. $6,000-$7,000/acre Prepared for Town of Chapel Hill 1994 Est . $5, 555/acre Note : Land Reserve balance as of June 30, 1995 is $670, 000 . We suggest the following process for proceeding to complete the purchase : - That resolutions be presented to the Carrboro Board of Alderman, Chapel Hill Town Council and Orange County Board of Commissioners requesting authorization for the Town of Chapel Hill to purchase the Neville Tract, designating ownership in proportion equal to that of the current landfill (Carrboro = 14%, Chapel Hill = 43% and Orange County = 43%) , with the price of $7, 000/acre to be paid from the Land Reserve of the Landfill Fund. - Conduct a survey of the property and close the sale . Recommendation: That the Landfill owners' Group recommend to their respective boards that they adopt the attached resolution requesting that the Carrboro Board of Alderman, Chapel Hill Town Council and the Orange County Board of Commissioners adopt resolutions authorizing the Town of Chapel Hill to utilize land reserve funds to purchase the 14 .40 acre Neville Tract . Attachments : Resolution November 17, 1994 LOG Memorandum with attachments i 6 She 4Z311 7 OPLANCI RMGIOMLL LANDrILL qD Iloilo 3 sac 06 ad If WPA oRAPM RZGIOKAL LA110711-1, to A 0.09 22 SAO- 107 Ac 7.1r c- 6&C 043 WS AC. )AC o Ing *SAC 423 Ac *.If we 'u u -,Lc- 35 10 Tq�w Or Ist 40. 1113.c TAr- Ac cmxpzr ar= 415 POTZNTIAL St. Iroy PUBLIC IS car Q! 4,7• AC all set 311 -00 74 INSERT 'v rr .04 SAC w wt I So qtr G TO% •01.MAC .7 Stc VOOSDOWS 3)q art OOOX to 1 IS Ac 44 Q1,•'S: ?'c 11i Sat I IS %I, HIGHLAND• )CLADOWS a 06 14 92AC wr TEM HICOLANDS 93 IS Ac "c 74DPO-c ii 03. Ac I MWK .•72 ac Oco_.w.Sam NEIGI-3BC►RH04D MAP'