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HomeMy WebLinkAboutAgenda - 05-20-2008-6bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 20, 2008 Action Age ~a Item No. SUBJECT: Resolution Requesting the North Carolina Geodetic Survey to Proceed to Survey the Orange/Alamance County Boundary DEPARTMENT: Assessor PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Proposed Resolution Map INFORMATION CONTACT: John Smith, 919-245-2101 Steve Averett, 919-245-2501 PURPOSE: To adopt a resolution requesting the North Carolina Geodetic Survey to continue its work surveying and setting monuments for the proposed preliminary plat that will lead to resolving the uncertain Orange/Alamance county boundary. BACKGROUND: A few months ago, the Boards of Commissioners of Alamance and Orange counties approved separate but similar resolutions that requested assistance from the State of North Carolina in resolving the uncertain boundary between the two counties. The North Carolina Geodetic Survey (NCGS) section of the Department of Environment and Natural Resources (NCDENR) is designated and funded to help counties survey ambiguous county boundaries in accordance with the provisions of the North Carolina General Statutes (NCGS) § 153A-18 (a) and (c). The accompanying resolution would request NCGS to proceed with surveying, monumenting, and developing a proposed preliminary plat of the county boundary based on extensive field and office research conducted by NCGS during the past few months. Historical Context Orange County was formed in 1752 from a portion of Granville County (1746), Johnston County (1746) and Bladen County (1734). However, no survey was made at that time. The North Carolina General Assembly formed Alamance County in 1849 from Orange County (session of 1848 & 1849). A dividing line was to be run north and south nine miles west of the town of Hillsborough. The line was to begin at the Caswell County line and run to the Haw River. In 1849, the General Assembly authorized a survey describing the boundary between the two caunties. The resulting 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. Results of NCGS Research Recently, the North Carolina Geodetic Survey finished their initial site survey of the Orange/Alamance County line and delivered ten points derived from United States Geological Survey (USGS) quadrant maps and the 1849 historical survey. The original USGS Quad maps were created around 'the beginning of the 20th century and were based on various historical maps, extensive field surveys, and interviews with people of that generation that were living during the initial 1849 survey. Next Steps The NCGS has contracted surveyors to perform a preliminary survey and to mark these ten points by physically placing monuments in the ground along the line between the two counties. The plat created from this preliminary survey will then be presented to the Boards of County Commissioners of both Orange and Alamance for review and revision, as needed. Both counties envision a public input process as part of the review, as there will undoubtedly be a number of people and properties that will be affected by the clarification of the location of the county boundary. There may be impacts in relation to tax jurisdictions, school districts, land use planning and permitting, and delivery of emergency services, to name a few. Orange and Alamance County staffs plan to work together closely to address these issues. If both Boards agree to accept the boundary shown on this preliminary plat as the recognized boundary, it can be adopted by resolution of both Boards and recorded at the Register of Deeds of both counties as well as with the Secretary of State. If both Boards jointly agree on adjustments to be made to the preliminary plat (for example, as may be necessary or advisable following the public input process), NCGS will resurvey the requested changes, reset monuments accordingly, and resubmit a final plat recognizing these changes to both boards for approval and recordation. FINANCIAL IMPACT: There is no direct financial impact for Orange County associated with adoption of this resolution. The NCGS surveying and monumenting is to be carried out by the State at no expense to the counties involved. However, NCGS staff have indicated that funds available in the 2007-08 NCDENR budget for surveying and monumenting the Orange County- Alamance County boundary line need to be expended before the end of this fiscal year, as funds to accomplish this work in the next fiscal year may not be available. 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 certain properties currently treated as being in one county are determined by the resurvey process to be located in the other county. RECOMMENDATION: The Manager recommends that the Board approve the accompanying resolution requesting the NCGS to survey and set monuments for a final preliminary plat of the Orange/Alamance county boundary. ORANGE COUNTY BOARD OF COMNIISSIONERS A RESOLUTION REQUESTING THAT THE NORTH CAROLINA GEODETIC SURVEY CONDUCT A SURVEY, SET MONUMENTS, AND DELIVER A PLAT OF THE ORANGE/ALA,~-7ANCE COUNTY BOUNDARY FOR REVIEW BY THE ORANGE COUNTY BOARD OF COA~IlVIISSIONERS WI~REAS, 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 WEIEREAS, 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 formed; and WI~REAS, 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, over the past 159 years various agreements and arrangements were made by and between the Alamance County and Orange County tax offices which have resulted in inconsistent determinations between Alamance County and Orange County as to the sites of specific parcels of land in both Alamance County and Orange County; said inconsistencies being heightened by the ever increasing residential and commercial development in proximity to the Alamance County -Orange County boundary line; and WIiIJREAS, both Alamance County and Orange County agreed by resolutions adopted on December 17, 2007 and January 15, 2008, respectively, to observe North Carolina General Statute 153A-18 in requesting that the North Carolina Geodetic Survey (NCGS) perform a preliminary survey and present a proposed map of the county boundary to both Orange and Alamance Counties; and WI~REAS, on March 11, 2008, NCGS staff presented to the staffs of Alamance County and Orange County ten points determined through extensive field and office research of the 1849 survey, as well as the county boundary as depicted on the USGS quadrant maps, which points and boundary NCGS deem to accurately depict the 1849 survey; and WHEREAS, the Alamance County Board of Commissioners agreed, by vote on Apri121, 2008, to approve authorizing NCGS to conduct the preliminary survey and the placing of monuments by the NCGS; and `"'1" WHEREAS, Orange County recognizes that based on previous experiences in resolving other ambiguous Orange County boundary lines, issues affecting residents and property owners in proximity to the Orange County-Alamance County boundary line will need to be acknowledged and considered in reaching a final determination as to the location of the boundary line; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners does hereby request that the North Carolina Geodetic Survey Section of the North Carolina Department of Environment and Natural Resources: 1) conduct a survey of the Orange County-Alamance County boundary line as proposed on March 1 1, 2008 and prepare a map of that survey; 2) place monuments on the newly surveyed boundary for each of the ten proposed points; and 3) provide the Orange County Board of Commissioners with a proposed plat of the boundary for review with said survey begimung with, and using as reference; the Official Survey Base for the State of North Carolina as set forth in N.C. Gen. Stat. § 102.1 et seq. BE IT FURTHER RESOLVED THAT the Orange County Board of Commissioners does hereby indicate its intention to conduct a public input process following the presentation by NCGS of the preliminary fmal plat so that necessary and advisable modifications to the plat, if any, can be considered and approved by both the Orange County and Alamance County Boards of Commissioners before recordation of the conclusive location of the boundary. This Resolution takes effect immediately. Upon motion of Commissioner ,seconded by Commissioner , the foregoing resolution was adopted this the 20~' day of May, 2008. __ _ _ _ _I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the Minute Book of the Board. WITNESS my hand and the seal of said County, this day of , 2008. Clerk to the Board of Commissioners iUiEBANE N w ~ ~ E 1 " = 8000' ~s~ LEGEND ® NCGS Points Major Roads Streets NCGS Proposed Line Orange Boundary Alamance Boundary Mebane City Limits Parcel_impact Orange Co. impact ~~ GAIN -110 Parcels LOSS -183 Parcels ;~ ~R ..