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HomeMy WebLinkAboutAgenda - 01-15-2008-4zORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 15, 2008 Action Agenda Item No. ~-- -Z SUBJECT: Alamance County/Orange County Boundary Line Resolution DEPARTMENT: County Manager/County PUBLIC HEARING: (Y/N) No Attorney/Tax Assessor (Land Records) ATTACHMENT(S): Proposed Resolution 12/17/07 Alamance BOCC Resolution re: Resurvey of Orange-Alamance Line Orange-Alamance Boundary Site Reference List INFORMATION CONTACT: NC Geodetic Survey Process Geof Gledhill, 919-732-2196 12/11/07 Alamance BOCC Resolution re: Steve Averett, 919-245-2500 Resurvey of Alamance-Guilford Line 12/13/07 Guilford BOCC Resolution re: Resurvey of Alamance-Guilford Line Map Showing Sample Area Highlighting County Line Boundary Discrepancies PURPOSE: To consider adoption of a resolution that, in conjunction with a similar resolution of the Alamance County Board of Commissioners, will petition the State of North Carolina to conduct a resurvey of the ambiguous boundary line between Orange County and Alamance County. BACKGROUND: The boundary line that separates Orange County from Alamance County was established as the result of an 1849 survey commissioned by the North Carolina General Assembly. The description of that boundary relies on numerous geographical and landmark references that either no longer exist or, because of their lack of precision, are no longer particularly useful in accurately defining the county line. Since 1996, the Orange County Board of Commissioners and staff have on a number' of occasions engaged the Alamance County Board of Commissioners and staff regarding the desirability of clearly resolving the physical location of the Orange-Alamance line. Those initiatives have now led to the definitive resolution of the problem presented here. With the ever-increasing pattern of residential and commercial development of land in the vicinity of the Orange-Alamance boundary, the necessity of resolving the different depictions that Orange County and Alamance County use for the location of the boundary is becoming increasingly pressing. Alamance County and Guilford County also have had to deal with issues that have arisen as a consequence of the uncertainty of the boundary line between them. In December 2007, the Boards of Commissioners in both those counties adopted resolutions petitioning the State of North Carolina to resurvey their common boundary using provisions established in the North Carolina General Statutes for resolving ambiguous county boundaries. The accompanying draft resolution, prepared by the County Attorney for adoption by the Orange County Board of Commissioners, would likewise petition the State to resurvey the uncertain boundary that Orange shares with Alamance County. This represents a necessary and important step towards ultimately enabling elected officials and staff members in both counties accurately and definitively to inform residents grid property owners near the Orange-Alamance line regarding in which County they (ive, from which County they should receive services, to which County they should pay taxes, and in which County they may vote or stand for elected office. FINANCIAL IMPACT: There is no direct financial impact associated with adoption of this resolution. The county boundary line resurvey program outlined in the General Statutes and to be performed by the Geodetic Survey Section of the Department of Environment and Natural Resources is to be carried out at no expense to the counties involved. Depending on the ultimate resolution of the physical location of the Orange-Alamance line, there will likely be changes in tax revenue received and service expenses incurred if properties currently treated as being in one county are determined by the resurvey process to be located in the other county. RECOMMENDATION(S): The Manager recommends~that the Board of Commissioners adopt and sign the accompanying resolution as prepared by the County Attorney. ORANGE COUNTY BOARD OF COMMISSIONERS ~.`.` A RESOLUTION TO REQUEST THAT THE NORTH CAROLINA GEODETIC SURVEY CONDUCT A RE-SURVEY OF THE ORANGE-ALAMANCE COUNTY BOUNDARY WHEREAS, the boundaries of Orange County were established by act of the Colonial General Assembly in 1752, Orange County being "formed" from portions of Bladen, Granville and Johnston Counties; and WHEREAS, the boundary between Orange and Alamance counties was "formed" by survey commissioned by an Act of the General Assembly of North Carolina, which Act was adopted during the Session of 1848 and 1849 (hereafter "the Act") at the time Alamance County was farmed; and WHEREAS, the boundary established by the Act relies on numerous geographic or landmark references that, while perhaps useful and adequate then, are insufficient now to demarcate where the boundary between Alamance County and Orange County lies; and WHEREAS, the importance of local government officials being able to accurately inform property owners, citizens, and other interested parties of the situs of specific parcels of land has been heightened by ever increasing residential and commercial development in the vicinity of the Orange-Alamance line; and WHEREAS, North Carolina General Statute §§ 153A-18(a) and 153A-18(c) provide a mechanism by which the North Carolina Geodetic Survey Section of the North Carolina Department of Environment and Natural Resources may assist counties to resolve ambiguous or uncertain boundaries; and WHEREAS, both counties have previously engaged in discussions or actions to resolve boundaries with other neighboring counties wherein valuable lessons were learned, but in which some of the circumstances have been different than those in the Orange-Alamance instance; and WHEREAS, the Alamance and Orange County Boards of Commissioners recognize that the boundary line between the two counties is uncertain; and WHEREAS, the Alamance and Orange County Boards of Commissioners are committed to the principle, established by law, that the County responsibility to citizens and residents for services such as voting, holding elective office, public health, public welfare, land use planning, emergency services and public schools. be certain and that taxable real property be listed and taxed in the county in which it is situated; and WHEREAS, it is the desire of the Alamance and Orange County Boards of Commissioners to achieve a definitive resolution of the county boundary that minimizes the adverse impact collectively on citizens, residents and property owners who might be affected by the location of the county boundary; NOW, THEREFORE, BE IT RESOLVED THAT THE Orange County Board of Commissioners does hereby request that the North Carolina Geodetic Survey Section in the Division of Land Resources of the Department of Environment and Natural Resources ("NCGS") conduct a re- survey of the Orange-Alamance boundary and assist both counties in resolving the uncertain boundary, consistent with the provisions of N.C. Gen. Stat. §§ 153A-18(a), 153A-18{c) and N.C. Gen. Stat. § 1.02.1 et seq. BE IT FURTHER RESOLVED THAT THE Orange County Board of Commissioners does. hereby appoint the Orange County Land Records/GIS Director, presently Steve Averett, as the Orange County contact agent to assist NCGS perform the requested re-survey of the Orange-Alamance boundary. Adopted by the Orange County Board of Commissioners this the 200_; ORANGE COUNTY day of Barry Jacobs, Chair Valerie Foushee, Vice Chair Moses Carey,.Jr., Commissioner Alice Gordon, Commissioner Mike Nelson, Commissioner G ATTEST: Donna S. Baker, Clerk, Orange County Board of Commissioners .-~ ALAMANCE COUNTY BOARD OF GOMMISSIONERS . A RESOLUTION TO REQUEST THAT THE NORTH GAROLINA GEODETIC SURVEY CONDUCT A RE-SURVEY OF THE ORANGE-ALAMANCE COUNTY BOUNDARY WHEREAS, the boundaries of Orange County were established by act of the Colonial General Assembly in 1752, Orange County being "formed" from portions of Bladen, Granville and Johnston Counties; and WHEREAS, the boundary between Orange and Alamance counties was "formed" by survey commissioned by an Act of the General Assembly of North Carolina, which Act was adopted during the Session of 1848 and 18x9 (hereafter "the Act") at the time Alamance County was formed; and WHEREAS, the boundary established by the Act relies on numerous geographic or landmark references that, while perhaps useful and adequate then, are insufficient now to demarcate where the boundary between Alamance County and Orange County lies; and WHEREAS, the importance of local government officials being able to accurately inform property owners, citizens, and other interested parties of the situs of specific parcels of land has been heightened by ever increasing residential and commercial development in the vicinity of the Orange-Alamance line; and WHEREAS, North Carolina General Statute §§ 153A-18(a) and 153A-18(c) provide a mechanism by which the North Carolina Geodetic.Sunrey Section of the North Carolina Department of Environment and Natural Resources may assist counties to resolve ambiguous or uncertain boundaries; and WHEREAS, both counties have previously engaged in discussions or actions to resolve boundaries with other neighboring counties wherein valuable lessons were learned, but in which some of the circumstances have been different than those in the Orange-Alamance instance; and WHEREAS, the Alamance and Orange County Boards of Commissioners recognize that the boundary line between the two counties is uncertain; and WHEREAS, the Alamance and Orange County Boards of Commissioners are committed to the principle, established by law, that the County responsibility to citizens and residents for . services such as voting, holding elective office, public health, public welfare, land use planning, emergency services and public schools be certain and that taxable real property be listed and taxed in khe county in which it is situated; and WHEREAS, it is the desire of the Alamance and Orange County Boards of Commissioners to achieve a definitive resolution of the county boundary that minimizes the adverse impact collectively on citizens, residents and property owners who might be affected by the location of the county boundary; NOW, THEREFORE, BE I'C RESOLVED that the Alamance County Board of Commissioners does hereby~request that the North Carolina Geodetic Survey Section in the Division of Land Resources of the Department of Environment and Natural Resources ("NCGS"} conduct a re-survey of the Orange-Alamance boundary and assist bath counties in resolving,the uncertain boundary, consistent with the provisions of N.C. Gen. Stat. §§ 153A-18(a), 153A-18(c} and N.C. Gen. Stat. § 102.1 et seq. BE IT FURTHER RESOLVED that the Alamance County Board of Commissioners does hereby appoint the Alamance County Land RecordslGlS Director, presently Bruce Walker, as the Alamance County contact agent to assist NCGS perform the requested re-survey of the Orange-Alamance boundary. Adopted by the Alamance County Board of Commissioners this the 17~' day of December, 2007 Dan Ingle, Vice Cha9'rman ALAMANCE -ORANGE BOUNDARY Site References Begining on the Caswell Line and running due South, a gum saplin. Shadriclc Wards, near. William Mccadams, a little west of the house & spring east of. William Wards of James, 1/4 west. William Wards Sr (Constable), 1 /4 east James Bird, 1/4 east of house. Widow Birds old place, close east. William Vincents house, 1 /4 of a mile east. Rev Daniel Kerrs & Reeves old house, 200 yards west. Widow Faucettes near her spring, 1 /4 & 1 /2 west of. Rev Thomas Lynches, west of..at the end of his lane. Zadoclc Rices, west of. William Mebanes Quarter, 1/2 east of. Green D Jordans, 1 /2 mile east of. Thomas Faucettes of Wm, 1/4 west of..near his spring. Leinenuel H Mebanes, east of. James Mebane, 1/2 miles east of. ~~ Page 2 G A Mebane (Mason Hall), 1/4 west of. John Thomson (Miller), 1/4 of mile east of. Hugh Wilsons, 100 yds, of the house west of. Wilie Mebanes old place, 1/4 of mile east of. David Mebanes at his house, 1/4 mile east of. Col Paisley Nelsons, west of. Mount Willing Road, 3/4 mile c~ east of...for one mile crossing the Mount Willing road running west of it. Hebron Church, east of. Hugh Kirlcpatriclcs, close west of. Richard Jones near his barn, 1/4 miles east of. Jonathan Jones, 100 yds east of. Mount Willing Close, 1 /4 west of. Nancy Pughs John Moores old place, 60 yds east of. Elijah Lashley Close, 1/4 mile west of. Solomon Kings, 100 yds west of. James Thompsons, 1/4 east of. Dr Alexander Morrows, 3/4 west of. Wm Binghams, 1/2 west of. Page 3 Bethlehem Church, 1/2 mile west of. Alex Webbs Store, 1 /4 east of. Thomas Faucette (Tailor) Close, 1/4 east of. James Crawford between his house & l~itchen, 100 yds west of. Widow Pickard, west of. John Morrow over his spring, 1/2 mile east of. Crossing Cane Creek three times. Joseph Crawford, west of. Robert Alstons Quarter, 1 /2 mile east of. Birch bush on the bank of Haw River, 1 /2 to a. with the river to the Chatham Line. Original or straight N & S line dividing the Counties of Orange & Alamance, making the straight N & S line tuning straight to the Chatham line 25 miles & 24 chains, west with the Chatham line one mile. ~~ NORTH CAROLINA GEO®ETIC SURVEY Roger Barnes, PLS County Boundary Surveyor 20323 Mail Service Center Raleigh, NC 27699-9323 Subject: Requesting NCGS to resurvey an uncertain county line The North Carolina Geodetic Survey ("NCGS") has been designated and funded by the North Carolina General Assembly to assist with the resurvey of ambiguous or uncertain county boundaries as per N.C. General Statute 153A-18a. Note: NCGS conducts this survey work only upon the formal request of the counties adjoining each uncertain county line and does so at no cost to the affected counties. & 153A-18a. Uncertain or disputed boundary (a) If two or more counties are uncertain as to the exact location of the boundary between them, they may cause the boundary to be surveyed, marked, and mapped. The counties ma~ppoint special commissioners to supervise the surve~g, marking, and mapping. A commissioner so appointed or a person surveyin~; or marking the boundary may enter upon private property to view and survey the boundary or to erect boundary markers. Upon ratification of the survey by the board of commissioners of each coon , a map showing the surveyed boundary shall be recorded in the office of the re istg er of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretary of State's office. The map shall contain a reference to the date of each resolution of ratification and to the page in the minutes of each board of commissioners where the resolution maybe found. Upon recordation, the map is conclusive as to the location of the boundary. :_ To formally request the NCGS County Boundary Program to resurvey an ambiguous or uncertain county boundary, the Board of County Commissioners of each county adjoining the particular county line must: 1. Pass a resolution recognizing that the county line is uncertain or ambiguous 2. Appoint one or more special commissioners or designate a contact agent to assist NCGS 3. Submit a written request to NCGS for the line to be resurveyed and include the county document issued for item #1 and list the contact agent or special commissioner selected for item #2. Note: Each Board of County Commissioners may appoint a special commissioner or designate a county employee to be the contact agent with NCGS. The contact person is necessary to assist NCGS by providing deeds, maps, and other archived information in the county records. Throughout each county line resurvey project, NCGS and the respective affected counties will work in partnership to produce a product that will supply the needs of each county as well as meet the requirements of GS 153A-18a. Furthermore, the County Manager and the Board of County Commissioners of each affected county need to be informed of the project's progress. A~ After the resurvey project has been completed, the Board of County Commissioners of each affected county will review the plat. Upon agreeing on the location of the county line, the Commissioners must pass a resolution that the plat is the true definition of the line's location, as provided by GS 153A-18(a). Upon ratification of the survey by the board of commissioners of each county, a map showingL the surveyed boundaryshall be recorded in the office of the register of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretar~of State's office. The map shall contain a reference to the date of each resolution of ratification and to the page in the minutes of each board of commissioners where the resolution may be found. Upon recordation, the map 'is conclusive as to the location of the boundary. After all parts of GS 153A-18(a) are met, the plat becomes a legal document defining the county line location. NCGS will prepare all the necessary plats and Mylar drawings and will record the resurvey with the North Carolina Department of the Secretary of State. In addition, NCGS will supply each affected county with the Mylar drawings for recordation. Changing the location of a County Boundary The following statutory provision governs changes in existing county boundaries. This should be distinguished from locating an uncertain boundary as provided by General Statute 153A-18(a): G.S. §153A-17. Existing boundaries The boundaries of each county shall remain as presently established, until changed in accordance with law. (1973, c. 822, s. 1.) If the counties elect to have a new line surveyed and to change the County line from its original location (as defined by law) then ratification by the North Carolina General Assembly is required. Roger Barnes, PLS 2426 County Boundary Surveyor Ph. 919-733-3836 Roger.barnes@ncmail.net 1~ ALAMANCE COUNTY BtaARD OF COMMISSIONERS . • A RESOLUTION TO REt~UEST THAT THE NORTH CAROLINA GEODETIC SURVEY CONDUCT A RE-SURVEY OF THE ORANGE»ALAMANCE COUNTY BOUNDARY WFCEREAS, the boundaries of Orange County were established by act of the Colonial General Assembly in 1752, Orange County being "farmed" from portions of Bladen, Granville and Johnston Counties; and WHEREAS, the boundary between~Orange and Alamance counties was "formed" by survey commissioned by an Act of the General Assembly of North Carolina, which Act was adopted during the Session of 1848 and 18~F9 (hereafter "the Act") at the time Alamance County was formed; and WHEREAS, the boundary established by the Aat relies on numerous geographic or landmark references that, while perhaps useful and adequate then, are insufficient now to demarcate where the boundary between Alamance County and Orange County lies; and WHEREAS, the importance of local government officials being able to accurately inform property owners, citizens, and other interested parties of the situs of specific parcels of land has been heightened by ever increasing residential and commercial development in the vicinity of the Orange-Alamance line; and 'WHEREAS, North Carolina General Statute §§ 153A-18(a) and 153A-18(c) provide a mechanism by which the North Carolina Geodetic.Survey Section of the North~Carolina Department of Environment and Natural Resources may assist counties to resolve ambiguous or uncertain boundaries; and WHEREAS, bath counties have~previaus[y engaged in discussions or actions to resolve boundaries with other neighboring counties wherein valuable lessons were learned, but in which some of the circumstances have been different than those in the Orange-Alamance instance; and WHEREAS, the Alamance and Orange County Boards of Commissioners recognize that the boundary line between the two Counties is uncertain; and WHEREAS, the Alamance and Orange County Boards of Commissioners are committed to the principle, established by law, that the County responsibility to citizens and residents for . services such as voting, holding elective office, public health, public welfare, land use planning, emergency services and public schools be certain and that taxable real property be listed and taxed in the county in which it is. situated; and WHEREAS, it is the desire of the Alamance and Orange County Boards of Commissioners to achieve a definitive resolution of the county boundary that minimizes the adverse impact collectively on citizens, residents and property owners who might be affected by the location of the county boundary; NOW, THEREFORE, BE IT RESOLVED thattheAlamance County Board of Commissioners does hereby~request that the North Carolina Geodetic Survey Section in the pivision of Land Resources of the Department of Environment and Natural Resources ("NCGS") conduct a re-survey of the Orange-Alamance boundary and assist bvth counties in resolving.the !~ uncertain boundary, consistent with the provisions of N.C. Gen. Stet. §~ 153A-18(a), 153A-18(c} and N.C. Gen. Stet. § 102.9 et seq. 8E IT FURTHER RESOE.VEi7 that the Alamanae County Board of Commissioners does hereby appoint the Alamance County t.and Records/GIS Director, presently Bruce Walker, as the Alamance County contact agent to assist NCGS perform the requested re-survey of the Orange-Alamance boundary. Adopted by the Alamance County Board of Commissioners this the 17`h day of December, 2007 12/1?i0? 1?:14 GUILFORD CQUNTY ADMINISTRATION 3 91919?32?99? N0. 111 Dal `. R~SOLUTYGI9 rttEr~UESTEN Y SUII'tJ~'Y +(~~ TIdE AL M.~NCIu CUUIwt Y~ G ~LF+ORU Cd NTY A SOUNDA-Iie Rl~Ul~tI1A,R'lt LII~ W);iEREr~.S, the boundary tine of Guilford County was established by act of the Colonial Cseneral Assembly in 1?71 being drawn fl~atrt a portion of Rowan County end CZrange County; and WHEREAS, the 6auadary line of Alamance County wss established pursuant to ~an 1849 survey commissioned by the North Carolina Creneral Assembly at the time ,Alamance County was farmed. anal on May 14,1849 the survey results were recorded in the office afthe Cierlc to the North Carolina General Assembly, and many of the survey references demarcating the Alasnance County line are identifiable tad~ty; a,nd ' 4'VHERE,~S, aver the.past t 58 years various agreemer-ts and arr$ngaments were made by and botweea the Alamsnc8 County and Guilford County tax collectors which have resulted in. confusion aver the silos of specific parcels of tend in both Alamance CC7urity and duilfard Ct~unty; said confusion being lteighteued by the ever increasing residential and commercial development in proximity to the Alamanca County ~ Guilford County boundary line; and 'WHEREAS, both Alarnance County end Guilford County have previously engaged in discu5slo»s with other neighboring counties to resolve their mutual boundary lines; and Vt-HEREA~S; the Alamance County 13vatd of Coxnmissianers god the Guilford County'' Board of Commissioners bath recognize that the lyvurtdary line between the two counties is uncertain and a fair, o9uitabl$, joint resolution of this rctatter is desired by bflth parties; and . yI~HG~RI:~S, the Alanianae County $asrd of Commissioners and the Guilford County $asrd of Commissioners are aomntitted to the principle, set forth in arose statutes, that ta3cable property is to be listed and taxed in the cau»ty within which it is situated; and 'WHI!,1tEAS, it is the desire of the Alamanae County $oard of CQtnrnissivners to join with the Guilford County Board~+df Commissioners to aclucve a definitive resolution to rho i9sue' of the baundsry line to eliminate the adverse impact this CpnfusiarJ has an property vvtncrs clirecily affezted by the uncertain laaetion ofthe bQUnd~ry line. I*10Vtlrr THEREFORE, IT IS HER1~13Y RESOLVED that the Alatnattce County 13c~ard of Commissioners do hereby regztest that the North Carolina Creodetic Survey Seatioa of the I~larth Carolina ,[~epartrnent of Envlranraent and Natural Resources conduct anal prCpare a survey of the A.lamance County-Guilford County boundaxy line and further assist bath counties in resolving the uncertain boundary line consistent with the mutual agreement r~fthe Al~amanee County Board of Commissioners and the Guilford County Board of Camruissianers, with said survey beginning with, anti using as reference, the United Stater Geological Survey tins already in use, 12/17/07 1?~14 GUILFORl7 COUNTY ADMINISTRATION ~ 91919'732?99? Thi~~ day o~`laeocmbar, 2~?Q7. ALA~IlA,2*~CE COUNTY Darn r EST: avid I, Smith, Clerk to the I~oard of Commtissionezs N0.111 D03 I~ 12/17.07 17:14 GUILFORD COUNTY RDMINISTRRTIQN } 919197327997 N0.111 DC~4 1~ l~sv~,~zaN ~c~xr~sTa~a T~~ o»r~c~ a~ r~~o:~.TI~ C~.raaz,~t.A ~~01~ETIC SXTR.~E~'' C(~NDXT~CT A S~CT1.2,~E'~ C1F ' 'x`~T~ G'ITII.lE`ORD CUUI~TTY/AL,A~,nCCE COI:JNTX' LII~E ~i7titHEAS, there e}cists confusion anal ambiguity coucerrxing the boundary. line betvveBn Guilford Colulty and Aiamance County; and WF~EREAS, the ur-certaint~r bas adversely affected citizens ofUoth cowtties as ~re11 as caused hardship for resl~ective cot.m,#y staffs attempting to carry out their legal mandates; and VV~RBA5, Guilford County is aware that Alamance County is desirous of deiaaraitavely establishing rho boundary arld in fact has adopted a Resolution to tltat ef~`ect on December 11, 2007.; and WHE~tEAS, the Not-kh Carolina Geodetic Survey has beex< designated and Funded by the Nort11 Carolina General Assembly. to assist cottntiee iu resolving ambigraous or tmcvrt~.iu. oounfiy bautidaries; and ~~RBA.S, Cruilfard Couttiy desires that the Guilford CouirtylAlasnauce County line be surveyed by the x+Torth Carolina Geodetic Survey purs'uanfi io snandat~es of Chapter 1112 aftlre North Caaro]ixra Genera]. Statutes using all relevant existing anfor~nati+~n including but not limited to LT.S. Geological ~urirey Monumez~fs, previous stuvt~ys and other i;Jfot~anation. derived frot.~n work with these aty.r3 other counties ors sirrvQy's and studies by the above rne~ltianed state office, Nt3~?V' THERBFC112B BE I'l.' 2~ESQ'f/~ILD by ilte Gtulford County Board of Cominissionera teat it hereby regLlests the ~3'or~tb. Carolina Geodetic Survey prEpare a survey of the Guilford Covuty~/Ala.7nance County line pursuant to Cltiapter 142 at'the Genera] Statutes tysizig all relevant existing information including bu.'k trot linaiter~ try .~,T.S. Geologic Survey 1'~+,lottumonts, previous surveys axid~o~er information derived from wont t~vitlt these and other counties an surveys anal studies by'the above mentioned state o~lae. ADQP'z'BD this 19s' day, of ]~eceraber, 2007. ~k Perkins , C "rmaia Guilford County Board of Comauissianers A'T'I'BST: Ethe~ia D. V ''his. 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