HomeMy WebLinkAboutAgenda - 04-07-2015 - 6iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 7, 2015
Action Agenda
Item No. 6 -i
1
SUBJECT: Access Easement for Jeffrey Fisher— Hollow Rock Access Area
DEPARTMENT: Environment, Agriculture, PUBLIC HEARING: (Y /N) No
Parks and Recreation
( DEAPR)
ATTACHMENTS:
Draft Deed of Easement
Draft Access Easement Plat
INFORMATION CONTACT:
David Stancil, 919 - 245 -2510
Rich Shaw, 919 - 245 -2514
Marabeth Carr, 919 - 245 -2516
John Roberts, 919 - 245 -2318
PURPOSE: To authorize the County granting a 30- foot -wide access easement for Jeffrey
Fisher to access his landlocked residential property through the Hollow Rock Access Area.
BACKGROUND: The planned Hollow Rock Access Area is a 75 -acre site comprised of multiple
land parcels owned separately by Orange County, Durham County, and the Town of Chapel Hill.
In 2010 the three jurisdictions, along with the City of Durham, adopted a master plan for a low -
impact public recreation and natural area. Phase 1 construction this facility is planned for 2015.
One of the parcels Orange County acquired for the Hollow Rock Access Area is a 7 -acre parcel
purchased from Duke University in 2006. Duke University had owned the property for several
decades and managed it as part of the Duke Forest. The owners of a private residence (ca.
1910) accessed their adjacent landlocked property using a gravel driveway from Erwin Road,
across the Duke property. The landlocked property is currently owned by Mr. Jeffrey Fisher.
Mr. Fisher has requested an access easement from the County in order to satisfy a banking
requirement. The County has long anticipated the need for granting an easement and this
situation presents an opportunity for this action. DEAPR has worked with the County Attorney
and Mr. Fisher to prepare a deed of easement and survey plat. Granting this easement would
not be inconsistent with the adopted master plan for the planned Hollow Rock Access Area.
FINANCIAL IMPACT: The County will share the approximately $800 in transaction fees with
Mr. Fisher.
RECOMMENDATION(S): The Manager recommends that the Board authorize the granting of
an access easement on the County's Hollow Rock property to Mr. Jeffrey Fisher.
Attachment 1
DRAFT
Prepared by William A. Anderson, III (without benefit of title examination)
Return to Grantee
DEED OF EASEMENT
THIS DEED OF EASEMENT is made this the day of ,
2015, by ORANGE COUNTY, a North Carolina body politic, with a mailing address of
, Hillsborough, NC, 27278 ( "Grantor "), to JEFFREY A. FISHER,
having a mailing of 682 Erwin Rd., Durham, North Carolina 27707 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor owns the property described on Exhibit A attached hereto and
incorporated herein by reference (the "County Property ");
WHEREAS, Grantee owns the property described on Exhibit B attached hereto and
incorporated herein by reference (the "Fisher Property ");
WHEREAS, Grantee and his predecessors have historically accessed the Fisher Property
from Erwin Road, a public right of way, by a drive crossing a portion of the County Property,
and Grantor and Grantee desire to memorialize such easement in writing;
NOW, THEREFORE, in consideration of the foregoing premises, Grantor does hereby
make, declare, give, grant and convey unto Grantee, and his heirs, successors and assigns a
perpetual, nonexclusive easement for the purposes of vehicular and pedestrian ingress, egress
and regress to and from Erwin Road over, across and through the area more particularly shown
and described as on the plat prepared by Coulter Jewell Thames,
PA recorded in Plat Book Page , Orange County Registry.
Nothing herein shall convey to or establish for the public a right of access over the
easement established herein.
TO HAVE AND TO HOLD the aforedescribed easement unto the Grantee, and his
heirs, successors and assigns in perpetuity. Grantor, for itself, its successors and assigns, hereby
warrants and covenants that it is the sole owner of the Grantor Property; that it has the right to
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grant the easements described herein, and that it will warrant and defend the title to the same
against the lawful claims of all persons whomsoever, subject to all matters of record.
IN WITNESS WHEREOF, Grantor has caused this instrument to be signed, sealed and
delivered by duly authorized officers, as of the day and year first above written.
ATTEST: (SEAL)
Name:
Clerk, Board of Commissioners
STATE OF NORTH CAROLINA
ORANGE COUNTY
ORANGE COUNTY,
NORTH CAROLINA
By:
Bonnie B. Hammersley, County Manager
I, a Notary Public of such County and State, certify that Bonnie B. Hammersley and
personally came before me this day and acknowledged that they are the
County Manager and the Clerk of the Board of Commissioners, respectively, of
Orange County, North Carolina, and that by authority duly given and as the act of such County,
the foregoing instrument was signed in the County's name by such Interim County Manager,
sealed with its corporate seal and attested by such Clerk.
WITNESS my hand and official stamp or seal, this day of , 2015.
[SEAL]
Notary Public
My commission expires:
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EXHIBIT A
County Property
PIN 0801-01-4625
Thai: certain rc
in lot or pel, of land [ocated itt ("'4
hapel 1,6111 "ownihip, (' unge County, North
(117,axol 1 na and trmav pailicularly described as follows:
BEGINNING at a conftol oorncr haviitgr the 1"b1towiog NmOi Camliam Gtid.,000rdimates!
N: 811,999 819; E-. 2,000,522,804; thence along arul With the wcstm ri,9111-of-way fine
of Pickett RQad - &K.. 1 734 (60''Widc public R/NV) S M`35' 14" 17 150.73'to a, sell [to, n,
pipe; Ownce alang a, Durve having as delta of 23'45'18", a radius, of 1254,(KY, a, length of
520,03", asido chord bearing of S 28" 28'03"' E to a, point Iying oan 11m, wastcm right-of-
way lino of said Pickett, Rom[; thence N 88"' 34' 26' W 101,65' to a set iron pipe;
thtmace K57 24" 48" E,35,65'to an existitlg C01,103'ete MonuMerit in t1ve southen"I right-
of-way I in.c of Em7in Road - ,8,1 . 173 7 (Vaii able Public RiW) lbenct along a cat "e
llavi ng as dO, tea o, f 21" 00" 14", a. rad [us of'311,0.23', a length 01' 1 1109, 78' and a chord hearing
of'N 561-1 241 41" Eto at set iron, pijje; Theitce N W 3 5' 2 12-65' to an existing,
conc�r—ete monurnent in flit UYUtbern right-0 r-way of Said Dwi in Road; Thence a1l)[19 a
curve having adc1taof
he of N 54" 12" 16"" E to as math-ematical Point- aloog, as curve ham a delta
of 011" t 3" 55", a radius of 20917. 58", a, Icmgth of 12.54' and at C1101d bearing of N 52'0 53'"
01 "' 14 to a niathematical point; ffiertce N ST'46 013 "" E 90. 3 5' to a, mathermtkal
dienee, along a crave having as del-La of 1" 12" 5110", a, radius, of 3573.5,6', as lcrtgth, of 75' �711
and as QlK)rd bearlang of N 5.2� 0913 81* E to a matbemadcal, poi rat; dl.,cncc N 5 1' 3 3' 13 "' E
487,49' to an, I rorl pill or pipe". Ownce S '161" ;35" 14"' E 5-� S' to the tvint aned placc of
BECINNING, 9=rding to aplat of survey by Triangle Surveyors, dated, W2012,005,
entitled "'final] Plat Of'MinOr SUbdivision for Property Surveyed for Orange Cowity,"
which pleat is incor"rated hemin by re rence: amid which plat is morded at PlatSook
yy...", Orange County Registry (herwtlei, ""tire Final Plat").
Also convoyed herein WIT',HOUT WARRAN , I , Y71 EXPRESS OR IMPLIED, a,s to the
title thereto, is the following parccl of land, also 401COF4inS ta,r the Final Plot
BEGINNING at as control corner (Sct iron pipe), in the westem, tigIxt-cif-way line of
PjQkett Road - S, R� 11"34 (60' Wide Public IM), and being as corninpon, corner it now
or fimierly (1ertrude Rose (D. B, 1,424202); thence N'99" 475 7"' W' 1,069 3l "' tea a point
-ideliti fied, AS lltp" all Tbe Firm] plat.;, thence N 5x' " "`24" 8 "" E 2'x.85 "` to a 941: iroll pt pc,
thence SISS' 3412611 F 1,011,33.65'to a p(Ant in tbe western right-of-way of said Pickett
koad,,, thence along and. wi(h the westem rip#it-of-way line of ,said Pickett Road along a
curve having as dc1ta of 0' 467 11 "", as ra4ius of 1254.00F, as longth of 16,,85' and as cbord
bearing US 40' 43" 57" E lo a sd irm plpeswid sot koo pil"V bt�hig the point and place
,of BEOINNIN(j,
The proVerti es described above are together Loa I (Jncl usi.ve of R/W De4,1,icatiolin
Property Quitel aimed by Duke Univer0y) shown on the Final, Plat: and are, hereby En. erged
into one parcel, ofland for all purpq.,mws,
KC:323333v1
EXHIBIT B
Fisher Property
PIN 9891 -91 -6210
BEING all of that certain parcel of land comprised of Tract A containing 1.12 acres, Tract B
containing .05 acres, and Tract C containing .34 acres, as shown on the plat by The John R.
McAdams Company, Inc. recorded in Plat Book 93, Page 42, Orange County Registry, to which
plat reference is made for a more particular description of same.
KC:323333v1
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