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HomeMy WebLinkAboutAgenda - 09-04-2014 - 7bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 4, 2014 Action Agenda Item No. 7 -b SUBJECT: Approval of an Easement for Two Interpretive Signs in River Park DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y /N) No Parks and Recreation (DEAPR) ATTACHMENT(S): 1) Aerial Photo of River Park Showing Locations of Proposed Signs 2) Draft Sign Easement 3) Design Drawing Showing Appearance and Style of Proposed Signs 4) Final Versions of the Two Sign Panels to be Placed in River Park INFORMATION CONTACT: Peter Sandbeck, 245 -2517 Rich Shaw, 245 -2514 1 PURPOSE: To consider and approve an easement to permit the Town of Hillsborough to erect two interpretive sign panels along the public walkway within the County -owned River Park. BACKGROUND: The Town of Hillsborough has recently completed a major section of the new Riverwalk, a walking /hiking /bike trail that runs along the Eno River. The trail extends westward from the County -owned River Park (behind the Justice Facility) to Gold Park in West Hillsborough. The new Riverwalk is also a key section of the Mountains -to -Sea Trail. The project includes the installation of ten (10) new custom - fabricated interpretive signs, to be placed at regular intervals along the Riverwalk. Two of these signs are proposed for location on County -owned property in the River Park (Attachment 1). It is standard County policy to require an easement for the placement of any sign on County -owned property. The County Attorney has prepared a draft sign easement (Attachment 2) to initiate this process. This document has also been reviewed and accepted for form by the Town's attorney. Each sign will have a special focus on a topic relating to the history, culture or natural history of the Town and /or County. The content for each sign was developed by an expert committee of local historians, residents, museum specialists and knowledgeable residents assembled by the Town for this purpose. Committee members carried out the research and developed the story lines and images. The signs are now being fabricated by a sign company that specializes in high - quality outdoor signs used in many state and national parks and sites. (See Attachment 3 for an example of the sign frame.) The signs proposed for location on County property will focus on two themes. The first sign will relate the history of the County's courthouses with a focus on 2 the present Old Courthouse and the Town Clock. The second sign will tell the story of the now - vanished African - American community that once existed on the River Park property. The installation of the two signs will require the digging of four post holes in areas of River Park that have the potential to contain valuable archaeological information. The holes will be dug by hand and will measure approximately 6" in diameter by 30" deep. The Town and County have coordinated and reviewed this proposed work in accordance with the terms of the recently - signed "Memorandum of Agreement for the Preservation of Cultural Resources" between the Town and County. Local archaeologist Steve Rankin, a member of the sign committee, has volunteered to be on -site to monitor the digging process and document any findings with notes and photographs. FINANCIAL IMPACT: There is no financial impact associated with approval of the easement for installation of the two signs. RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the proposed easement document once it has been signed by the Town of Hillsborough. ti Link Center Justice Center ,A ILI Farmer's y A ' '� :�. Markets _ '= i i T 1 w A& Oh. oa IL I y �T Proposed locations for two new interpretive signs f��.• ���?: . � .iTf"�.��.��t/ _ ��17'S ''r� .' ,vf � � w ii � .r 1.� Attachment 1: approximate locations of two new interpretive signs to be placed on County -owned property as part of the overall Riverwalk signage plan Y a Attachment 2 Prepared by: John L. Roberts Return to: Stephanie Trueblood, Planner - Town of Hillsborough Planning Department, P.O. Box 429, Hillsborough, NC 27278 STATE OF NORTH CAROLINA COUNTY OF ORANGE REVENUE STAMP: NONE SIGN PLACEMENT AND MAINTENANCE EASEMENT PIN: This WAYFINDING SIGN PLACEMENT AND MAINTENANCE EASEMENT, made this day of , 2014, by and between Orange County, a political subdivision of the State of North Carolina, whose address is 200 South Cameron Street, P.O. Box 8181, Hillsborough, NC 27278 (hereinafter "Grantor" or "County "), with, to, and for the benefit of the Town of Hillsborough, a municipal corporation of the State of North Carolina, whose address is 101 East Orange Street, P.O. Box 429, Hillsborough, NC 27278 (hereinafter "Grantee" or "Town"). WITNESSETH: Grantor is the owner of certain real property situated in the Town of Hillsborough, Hillsborough Township, Orange County, North Carolina with a physical address of , and more particularly described as follows: Grantee desires to construct and installed two (2) freestanding signs on the Grantor's property as part of the Town's Riverwalk at two (2) locations located on the Grantor's property as follows: Being located on the Property ; Being located on the Property ; and Grantee shall be responsible to maintain the two (2) signs as nearly as possible in their current condition and location except as noted in section (d) below. In consideration of the foregoing and subject to the conditions described herein, the Grantor does hereby give, grant, quitclaim, and convey unto the Town of Hillsborough the right and privilege and easement over, upon and through the Property to construct, install, re- construct, maintain, repair, modify or remove the two (2) freestanding signs designed and intended to assist the public on the Riverwalk, and (b) to maintain the signs as nearly as possible in their current condition, at the two (2) current sign locations noted above; together with a right and easement to go upon the Property whenever the same is reasonably necessary for the Page 1 of 3 5 purposes of constructing, inspecting, maintaining and repairing said signs. IT IS UNDERSTOOD AND AGREED by the parties that: a. the execution and delivery of this deed of easement by the Grantor and its acceptance by the Town of Hillsborough shall not obligate the Town to construct or re- construct the signs; b. the Grantor shall in all other respects remain the fee owners of the Property and areas subject to this easement, and may make all lawful uses of the Property not inconsistent with this easement; c. the Grantor shall not be held responsible for any construction, reconstruction or maintenance of the signs unless such authority is released to it by the Town of Hillsborough; d. the Grantee shall not perform any sub -grade maintenance or modification to the signs without prior written authorization by the Grantor; e. in the event the Town fails to perform the condition of the easement (constructing the signs as noted or maintaining the signs in their conditions and locations except as noted in section (d) above), and Grantor or its successors, heirs or assigns notifies the Town in writing of such failure and the Town does not cure such failure to perform necessary maintenance within one hundred- twenty (120) business days of receipt of written notice, such failure will result in termination of the easement granted herein after the aforesaid one hundred- twenty (120) day cure period, and Grantor or its successors, heirs, or assigns may take possession of and remove the signs from the Property; and IT IS FURTHER UNDERSTOOD AND AGREED by the parties that the easement granted herein is for the benefit of the Grantee and shall not be transferred, assigned, or otherwise conveyed by the Grantee; and that Grantor or its successors, heirs, or assigns may re -enter and take possession of the easement granted herein in the event the Grantee ceases to be an incorporated municipal body. Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the rights, privileges, and easements which are granted herein, that title is free and clear of all liens and encumbrances which may affect the said rights, privileges and easements conveyed herein, and Grantor will warrant and defend the title to said Property against the claims of all persons and parties whomsoever. IN TESTIMONY WHEREOF, the parties have hereunto set their hand and seal the day and year first above written. GRANTOR BY: Barry Jacobs, Chair Orange County Board of Commissioners NORTH CAROLINA ORANGE COUNTY I, , a Notary Public for said County and State, do hereby certify that Barry Jacobs, chair of the Orange County Board of Commissioners, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal or stamp, this the day of 12014. (Official Seal) Notary Public My commission expires: 120 Page 2 of 3 TOWN OF HILLSBOROUGH BY: Eric J. Peterson Town Manager NORTH CAROLINA ORANGE COUNTY R I, , a Notary Public for said County and State, do hereby certify that Eric J. Peterson, Town Manager of the Town of Hillsborough, North Carolina, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal or stamp, this the day of 12014. (Official Seal) My commission expires: Page 3 of 3 Notary Public 2�M Breakfonned Steel Anple p "Thlck F2 me power w ted textured Crone Compound curve use designer supplied graphic ille Cutout pattern use desgn supplied g raphic file, all graphics to be centered 0' -2" 1 0' -2„ 3' 12' Interbr Steel Frarne WIII Have a Steel Core Panel V Structural Integrity kr Slgn Panel Interbr Isometric View Attachment 3 CONCEPTUAL DRAFT 7/22/2014 �3 / 'r 1y _ Attachment 4 A COMMUNITY REMOVED ooking north from this location we see a park setting with the Orange County judicial complex in the distance. Yet, this view has changed significantly in the last 150 years. A vibrant neighborhood once existed here. Spring daffodils still mark the locations of the former homes of a community of African Americans. After the Civil War, local freed African Americans formed their own communities and churches, settling near the Eno River. In 1866, under the leadership of Alfred E. Bright, black citizens of Hillsborough organized a Baptist church near this location at the south end of Churton Street Later the church was renamed Mount Bright to honor its founder and first pastor, and today is located on Union Street. A parsonage, cobbler business, funeral home and boarding house for local teachers were important local livelihoods. Former residents still remember that life along the river included exploring and fishing. When the river flooded its banks, residents remember needing to anchor their structures to the trees. The community remained in existence until the Churton Street Bridge was built A fma generation gathering at "Down Home " on a typical Sunday with Browder, Goldsby, and Shanklin family members. in the 1960s. The bridge project changed the entrance to Hillsborough and resulted in increased traffic along Churton Street. The construction displaced the long - established homes and families of the African American residents who cherished their location and lives by the river. "Down Home", the home of Alfred and Isla Browder, sat next to the Eno River. It was the hub of community activities. The porch was always full of neighbors and friends. Painting by Gerald Sbanklin. 4 P �r 'r 1y _ Attachment 4 A COMMUNITY REMOVED ooking north from this location we see a park setting with the Orange County judicial complex in the distance. Yet, this view has changed significantly in the last 150 years. A vibrant neighborhood once existed here. Spring daffodils still mark the locations of the former homes of a community of African Americans. After the Civil War, local freed African Americans formed their own communities and churches, settling near the Eno River. In 1866, under the leadership of Alfred E. Bright, black citizens of Hillsborough organized a Baptist church near this location at the south end of Churton Street Later the church was renamed Mount Bright to honor its founder and first pastor, and today is located on Union Street. A parsonage, cobbler business, funeral home and boarding house for local teachers were important local livelihoods. Former residents still remember that life along the river included exploring and fishing. When the river flooded its banks, residents remember needing to anchor their structures to the trees. The community remained in existence until the Churton Street Bridge was built A fma generation gathering at "Down Home " on a typical Sunday with Browder, Goldsby, and Shanklin family members. in the 1960s. The bridge project changed the entrance to Hillsborough and resulted in increased traffic along Churton Street. The construction displaced the long - established homes and families of the African American residents who cherished their location and lives by the river. "Down Home", the home of Alfred and Isla Browder, sat next to the Eno River. It was the hub of community activities. The porch was always full of neighbors and friends. Painting by Gerald Sbanklin. a �R ORANGE COUNTY COURT HISTOR The Orange County Courthouse as it would have looked in 1900. The large brick structures that comprise much of Orange Coumry's present -day government center cover a site with a long history of industrial or craft use. Archaeologists have uncovered a rich record of human activities by both Indians and Europeans lying below the surface of the land along the banks of the Eno River. The government complex had its start in 1754 when the county seat moved here from its initial location near the Haw River. A small new wood frame courthouse was built in 1755, on a special town lot reserved for it as well as for a new jail and market house. These structures helped establish present - day Hillsborough as the new permanent county seat. The town was initially called Orange Courthouse or Corbinton, but incorporated in 1759 as Childsburgh, and was renamed Hillsborough in 1766. A second courthouse was built on the same site in 1778, and was replaced in 1790. In 1844, the County began construction of a large new two -story brick courthouse under the direction of local master builder John Berry. Completed in 1846, this structure stands in the original courthouse square where it is still in use. Its handsome bell tower contains the town's beloved 18th century English clock. With funds raised by local residents, the clock was restored between 2001 and 2004. Population growth forced the County to plan a new courthouse in 1949. This structure could not be completed until 1954 due to the rationing of structural steel following World War 1I. The 1950s courthouse was expanded by large additions in 1997 and 2009 to create the present Orange County Justice Facility. Much of the low lying land in the foreground was covered by a range of small-scale industrial activities during the 18th and 19th centuries. Activities included the operation of a brickyard, pottery, tan yard and a 19th century school near Margaret Lane. Local workers often lived in small homes and shacks located within and around the businesses. 9 1 9