HomeMy WebLinkAboutAgenda - 10-17-1995 - VIII-F 1
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date October 17, 1995
Action Agenda
Item # _ &Zr.-�
SUBJECT: WALNUT GROVE CHURCH ROAD SOLID WASTE CONVENIENCE CENTER -
LEASE REVISION
DEPARTMENT: PLANNING & INSPECTIONS PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: County Atty.
732-2196
Proposed Lease Revision
Recombination Plat
Lease Agreement TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: Consideration of a proposed revision to the lease
agreement between John Thomas Walker and Orange County
for the solid waste convenience center on Walnut Grove
Church Road.
BACKGROUND: In 1987 a lot was created through the minor subdivi-
sion process to be leased by the County for a solid
waste collection site. The lease was renewed in 1993
for a five-year period. A revision to the lease is
proposed to accommodate land uses on the property
currently leased by Orange County.
A recombination of the existing zoning lots is
proposed to move the lot line separating two lots
owned by Mr. Walker. The recombination will result in
the commercial uses on the adjacent lot being
separated from the lot leased by the County. The
existing commercial uses are not in conflict with the
solid waste convenience center.
RECOMMENDATION: The Administration recommends approval of the proposed
revision to the lease for the Walnut Grove Church Road
solid waste convenience center.
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NORTH CAROLINA
.AMENDED LEASE
ORANGE COUNTY
This amended lease agreement entered into this 17th day of
October, 1995, by and between John Thomas Walker and his wife,
Martha Latta Walker, of Cedar Grove Township, Orange County,
North Carolina, hereinafter referred to as "Lessor" and Orange
County, North Carolina, P.O. Box 8181, Hillsborough, North
Carolina 27278, hereinafter referred to as "Lessee, "
WHEREAS, on December 21, 1987 Lessor and Lessee entered into
a lease agreement wherein Lessee leased from Lessor property for
the use by Lessee as a solid waste convenience center, which
lease agreement is recorded at Book 702, Page 591 of the Orange
County Registry (hereafter "the lease agreement") ; and
WHEREAS, the lease agreement was renewed by a lease
agreement renewal covering the period July 1, 1993 through June
30, 1998, which lease agreement renewal is attached hereto as
Exhibit A and incorporated herein by reference; and
WHEREAS, Lessor and Lessee want to confirm the terms of
their prior lease agreements, amend the description of the leased
parcel and acknowledge and "permit" certain other uses of the
amended leased parcel.
Lessor hereby agrees to lease the property described below
to Lessee upon the following terms and conditions:
1. The Property. The property herein leased is a tract
and parcel of land together with all improvements located
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thereon, located in Cedar Grove Township, Orange County, North
Carolina and more particularly described as:
LOT "A, " containing 1.01 acres, more or less, according to
the plat and survey of Alois Callemyn Land Surveyors, dated
August 22, 1995 and entitled "Recombination for John Thomas
Walker, " which plat is recorded at Book , Page ,
Orange County Registry.
Lessee's leasehold interest in LOT "A" is subject to
easements for ingress and egress across LOT "A" for the benefit
of LOT "B" which easements are shown on the recorded plat
referenced above and include the easement owned by the North
Carolina Department of Transportation within the right of way of
N.C. Highway 86 and Walnut Grove Church Road, the 20 foot wide
gravel drive, the portion of the pavement at the intersection of
Walnut Grove Church Road and N.C. Highway 86 that is outside of
the right of way owned by the North Carolina Department of
Transportation for those two roads and the portion of the
"concrete pads" located on LOT "A. " Lessee's leasehold interest
is further subject to the "SUB-STATION AND RIGHT-OF-WAY EASEMENT
TO CENTRAL TELEPHONE COMPANY, " which easement is recorded at Book
1331, Page 406 of the Orange County Registry, which Central
Telephone Company leased parcel is shown on the plat referred to
above and identified as 112500 SQ FT CENTEL LEASED R/W. "
2 . All other terms and conditions of the lease agreement
as amended by Exhibit A hereto are as set forth in those
documents and confirmed by this amended lease.
LESSOR
John Thomas Walker
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5
Martha Latta Walker
LESSEE
ORANGE COUNTY, NORTH CAROLINA
By:
•Moses Carey, Jr. , Chair
Orange County Board of
Commissioners
ATTEST:
Beverly A. Blythe, Clerk to
the Board of Commissioners
NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public of said
State and County do hereby certify that John Thomas Walker and
wife, Martha Latta Walker personally appeared before me this day
and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal, this the day of
1995.
Notary Public
My commission expires:
NORTH CAROLINA
ORANGE COUNTY
I, , Notary Public for said
County and State, certify that Beverly A. Blythe personally came
before me this day and acknowledged that she is Clerk to the
Board of Commissioners of Orange County, and that by authority
duly given and as the act of Orange County, the foregoing
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instrument was signed in its name by Moses Carey, Jr. , Chair,
sealed with its official seal, and attested by herself as its
Clerk.
Witness my hand and official seal, this the day of
1995.
Notary Public
My commission expires:
1sg\home3\wa1nutgr.amd
4
EXHIBIT A
7
DATE
ITEM -s
NORTH CAROLINA
COUNTY OF ORANGE
LEASE AGREEMENT RENEWAL
WHEREAS, a lease agreement was made and entered into as of
the twenty-first day of December, 1987, by and between the
County of Orange, (LESSEE) , and John Thomas Walker and wife,
Martha Latta Walker, (LESSOR) , for property to be used as a
Solid Waste Collection site for Orange County;
WHEREAS, the LESSEE and the LESSOR wish to renew the lease
agreement as amended;
NOW THEREFORE, the LESSEE and the LESSOR mutually agree to
the following:
1. Section 2 "The Lease" , shall be modified to
read as follows :
The lease will commence on July 1, 1993 and
will terminate on June 30, 1998 . Lessor and
Lessee, however, may terminate this lease
upon giving nine (90) days written notice to
the other. Lessee shall pay Lessor rent in
the amount of one hundred dollars ($100 . 00)
per month for each and every month of the term
of this lease, payable on or before the first
day of each month of the lease term.
2 . All other terms and conditions shall remain the
same.
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This agreed to the / day of 1993 .
LESSOR:
OHN THOMAS WALKER
Aq,,,4,
MARTHA LATTA WALKER
NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public of said State and County do
hereby certify that John Thomas Walker and wife, Martha Latta
Walker personally appeared before me this day and
acknowledged the due execution of the foregoing Lease.
Witness my hand and official seal, this the 174-4
day f
Y 1993 . � »nnrrrrri
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Notary Publd,6 -T �o
�
a �tl,o 0
My commission expires: -
CoUNr' ,,•
' UrnurU,
ORANGE TY
BY.
M ses Carey, Jr. , Chai OA
Board of Commissioner
ATTE
(SEAL)
evenly Blythe, erk
702 9
NORTH CAROLINA
LEASE
ORANGE COUNTY 93�P-7 -L41 - ID31
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This lease agreement entered into t'711' s 21s day of
December 1987 by and between John Thomas "lialker and wife ,
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�4 Martha Latta Walker , of Cedar Grove Township , Orange County,
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W North Carolina , hereinafter referred to as Lessor and Orange
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U 4 County , North Carolina , 106 Margaret Lane , Hillsborough ,
North Carolina 27278 , hereinafter referred to- as Lessee ,
W I T N E S S E T H :
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Lessor hereby agrees to lease the property
4 � described below to Lessee upon the following terms and
>1 conditions :
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a) 1 . The Property . The property herein leased is a
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CZ 4 tract and parcel of land , together with all improvements
located thereon , located in Cedar Grove Township , Orange
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County , North Carolina and more particularly described as
� follows :
Beginning at a "pipe found control corner" in the Southern
� right of way of N .C . State Road 1001 (Walnut Grove Church
(a Road ) , thence from said pipe N 15 deg . 14 ' 18" W 32 . 85 f eet
�14
Q) to a nail in the centerline of said road , thence along the
�4
04 centerline of said road S 58 deg . 281 40" W 80 .32 feet to a
nail , thence from said nail continuing along the centerline
of said road S 57 deg . 16 ' 20" W 52 .68 feet to a nail , thence
from said nail continuing along said road S 54 deg . 56 ' 45" W
27 . 13 feet to a nail , thence from said nail continuing along
said road S 54 deg . 39 ' 18" W 14 .55 feet to a nail , thence
from said nail S 22 deg . 51 ' 04 E 441 .50 feet to an iron
placed on the line between Walker and Kennedy, continuing
along the line of said properties S 80 deg . 23 ' 50" E 22 -01
feet to a pipe , a southwest corner of Lewis and Fee Crabtree ,
thence with the west line of Crabtree from said pipe N 15 deg
14 ' 18" W 474 . 76 feet to the point and place of beginning ,
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0,
containing 1 .000 acres more or less , according to the plat
and survey of Alexander T . Davison , R.L .S . , dated January 16 ,
1986 and entitled " Property of John Thomas and Martha Latta
Walker , " which plat is recorded at Book 47 Page 157
Orange County Registry .
This is the same property conveyed to Lessor from Mary Susan
R. Gattis and husband , Samuel M . Gattis by deed recorded at
Book 592 , Page 117 of the Orange County Registry .
2 . The Lease . The lease will commence
December 21st 1987 and terminate December 21st
1992 . Lessor or Lessee , however , may terminate this lease
upon giving ninety ( 90 ) days written notice to the other .
Lessee shall pay Lessor rent in the amount of Fifty Dollars
( $50 .00 ) per month for each and every month of the term of
this lease , payable on or before the 5th of each month of
the lease term .
3 . Improvements and Maintenance . Lessee shall
have the right to make any and all improvements , temporary or
permanent , to the premises as deemed necessary and desirable
by Lessee for its use of the premises . It is anticipated
that Lessee will use the premises for solid waste
"dumpsters . " It is further intended that the premises will
accommodate and be used for at least twenty-five ( 25 )
"dumps ters . " Lessee agrees to fence the dumpster site and
leave and provide a buffer strip of vegetation in its natural
state of at least eight ( 8 ) feet in width along Walnut Grove
Church Road, also known as N.C.S .R. 1001 . All improvements
made to the premises shall be made at the expense of Lessee .
All such improvements which are made to the premises which
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cannot be removed without damage to the premises shall become
a part of the premises and upon the termination of this lease
shall be the property of Lessor . Any additional ad valorem
taxes resulting from any permanent improvements to the
premises shall be the responsibility of the Lessee .
From and after the time Lessee takes possession of
the premises it shall be the responsibility of Lessee to
maintain the premises in a neat , clean and orderly condition
at all times . Roadways , parking areas , and other public
access ways shall be maintained by Lessee . Fences installed
on the premises by Lessee shall also be maintained by Lessee .
4 . Taxes . Lessor agrees to pay all taxes and
assessments during the term of this lease , including but not
limited to municipal , county and state taxes assessed against
said premises which are incident to the ownership of said
premises .
S . Insurance and Indemnity . Lessee shall , at
Lessee ' s expense , obtain and keep in full force during the
term of this lease a Comprehensive Public Liability policy
with limits of $300 ,000/$300 ,000 for personal injury or death
and $100 ,000 for property damage . The Lessor shall be named
as an additional insured in this policy . Lessee shall
deliver said policy or a certificate of insurance to Lessor
together with evidence of full payment of premiums .
To the extent permitted by law and to the extent
provided for in insurance contracts owned by Lessee, Lessee
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shall indemnify and hold harmless Lessor from and against any
and all claims arising from Lessee ' s use of the premises , or
from the conduct of Lessee ' s business or from any activity,
work or things done , permitted or suffered by Lessee in or
about the premises or elsewhere .
6 . Notices . All notices to be given under this
lease shall be made in writing and mailed by certified mail ,
return receipt requested , to the other party at its address
set forth herein or at such address as the party may provide
in writing from time to time . Any such notice shall be
deemed to have been received five ( 5 ) days subsequent to
mailing .
7 . Parties . This lease shall be binding and
shall inure to the benefit of the parties and their heirs ,
successors and assigns .
8 . Entire Agreement; Waiver . This lease contains
the entire agreement of the parties and there are not
representations , inducements , or other provisions other than
those expressed in writing . All changes , additions , or
deletions hereto must be in writing and signed by the
parties . Any provision of this . lease found to be prohibited
by law shall be ineffective to the extent of such prohibition
without invalidating the remainder of this lease . The waiver
by Lessor or Lessee of any breach by the other of any term,
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505
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covenant , or condition hereof shall not operate as a waiver
of any subsequent breach thereof .
HN THOMAS WAL�CER
MARTHA LATTA WALKER
NORTH CAROLINA
ORANGE COUNTY
I , a Notary Public of said State and County do
hereby certify that John Thomas Walker and wife , Martha Latta
Walker personally appeared before me this day and
acknowledged the due execution of the foregoing Lease .
Witness my hand and official seal , this the a
day of � , 1987 .
Notary Public
My commission expires .
ORANGE COUNTY
By
Board,o ;, ,r o
CAlty
111 .. n e rs
ATTEST:
Clerk to he Boar of
Commissioners ,�.y;.: ?_c • =v�'�'ti'
5
?repared by:
Return :o:
NORTH CAROLINA 702 596 14
ORANGE COUNTY
Notice is hereby given that the parcel of land hereinafter descr-i�ed
is of restricted development potential c-ecause of the unsuitability
of the subsurface soil for the installation of an on site soil absorpt4cn
sewage disposal 'facility as determined by the Orange County Health f)opctrtment
pursuant to Section IV-3-2 of the Orange County Subdivision regulations.
The parcel of land is situated in Cedar Grove Township, Orange County,
North Carolina and is more particularly described as follow,;:
Beginning at a "pipe found control corner" in the Southern right of
way of N. C. State Road 1001 (walnut Grove Church Road) , thence from said
pipe N 15 deg. 14' 18" W 32.85 feet to a nail in the centerline of saict road,
thence along the centerline of said road S 5e deg. 28 ' 4C" W 80.32 feet to
a nail, thence from said nail continuing along the centerline of said road
S 57 deg. 16' 20" W 52.68 feet to a nail, thence from said nail continuing
along said road S 54 deg. 56' 45" W 27- 1-3 feet to a nail, thence from said
nail continuing along said road S 54 deg. 39' 18" W 14 . 5 feet to ei nail,
thence from said nail S 22 deg. 51' 04" E 441.50 fco'- to art iron solaced on
the line between Walker and Kennedy, continuing along the line oi-' said
properties S 80 deg. 23' 50" E 22.01 feet to EL pipe, a southwest corner of
Lewis and Fae Crabtree, thence with the west line of Crabtree from said
pipe N 15 deg. 14' 181" W 474.76 feet to the point and place of beginning,
containing 1.000 acres more or less, according to the plat and survey
of Alexander T.`'Davison, R.L.S. , dated January 16, 1986 and entitled "Property
of John Thomas" and Martha Latta Walker, " which plat is rE:Corded at Book --47
Page 157 Orange County Registry.
Witness my hand and seal this day of 1987.
(SEAL)
NORTH CAROLINA
ORANGE COUNTY
1, A Notary Public, Asst. Register of
Deeds, for said County and State, do hereby certify that
Personally appeared before me this day and acknowledged the due execution
of the foregoing instrument.
Witness my hand and official seal, this the day of
1987.
Notary Public
Asst. Register of Deeds
My Commission Expires:
15
NORTH CAROLINA
ORANGE COUNTY
I , Sylvia T. Clements Notary Public
for said County and State , certify that Beverly Blythe
personally came before me this day and acknowledged that she
is Clerk to the Board of Commissioners of Orange County, and
that by authority duly given and as the act of Orange County ,
the foregoing instrument was signed in its name by Shirley E .
Marshall , Chair , sealed with its official seal , and attested
by herself as its Clerk .
Witness my hand and official seal , this the
day of December , 1987 .
No ary Public - -
My commission expires :
December 10, 1990
1'
This instrument has been preaudited in the manner required by
the Local Government Budget and Fiscal Control Act .
Orange County Finance Director
NORTH CAROLINA — ORANGE COUNTY
The foregoing certificate(s) of
Sue W. Pope and Sylvia T. Clements,
AVafXzx Notaries) Public of the designated Governmental units dare) certified to be correct. Filed for registra-
tion this the 13th day of January 19 88 at 2:54 o'clock, P.M.
in Record Book 702 Page 9 q 06ete yes, R ister f Deeds
Return: By4�721&�AL�
ep y
Register of Deeds
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