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HomeMy WebLinkAboutAgenda - 10-23-2007-6aREVISED ABSTRACT 10/23/07 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 23, 2007 Action Agenda Item No. (o-g SUBJECT: Approval of Water and Sewer Easement Documents -Twin Creeks Site DEPARTMENT: County Attorney, ERCD, PUBLIC HEARING: (YIN) No Purchasing ATTACHMENT(S): INFORMATION CONTACT: Draft Easement Documents (To be provided Geof Gledhill, County Attorney, 732-2196 under separate cover) Pam Jones, Purchasing Director, 245-2650 Map of Sewer Lines and Area David Stancil, E&RC Director, 245-2590 PURPOSE: To consider approval of easements for water line and sewer line construction across the Twin Creeks property to serve Chapel Hill-Carrboro City Schools (CHCCS) Elementary School #10. BACKGROUND: Elementary School #10 received Town of Carrboro Conditional Use Permit approval in early 2007, and construction began on the school at the County-owned Twin Creeks site in the late spring of this year. Provision of sanitary sewer service to the school requires extension of an existing OWASA sewer outfall from Glen Ridge Townhomes within the Lake Hogan Farms area to the south. An extension of this line has been designed and permitted by Corley, Redfoot and Zack (CRZ), the engineering firm for CHCCS. The design has been approved and permitted by OWASA and the State. In order to bring water service to the school along Eubanks Road, and continue construction on the sewer line (a considerable portion has been cleared and graded), easements need to be recorded that will extend the lines to the school. This includes an easement for a water line along the Eubanks Road to the elementary school site, continuing south within the school site. The sewer easement addresses a long segment of gravity sewer near Jones Creek within the County's Twin Creeks property (both park and educational campus sections). The proposed sewer easement follows the west side of Jones Creek, until crossing the creek near the point where the creek turns westward, and thence to the new school. The easement documents have been prepared by CRZ and would grant the necessary easements (to be provided under separate cover). REVISED ABSTRACT 10/23/07 As discussed at the October 9 BOCC meeting, an additional new sewer easement was shown as part of the OWASA-approved sewer design, which would wrap around the outside of the elementary school parcel to provide future connections to OWASA service areas to the north and east (areas which are within the Joint Planning Area's Carrboro Transition Area). It is unclear at this time whether this additional sewer easement outside of the elementary school parcel will have implications for the developability of the remaining schools campus land north of the Piedmont EMC powerline and Jones Creek. This segment of the potential sewer easement is not included for approval at this time -only the easement that extends the sewer line to the school would be part of this potential action. CRZ and County staff are meeting with OWASA to determine whether this additional sewer easement can be relocated or addressed at a later date (since no sewer line construction would occur within this easement as part of the school sewer line). The group will also look at the ramifications on the remaining buildable land. The extension of the main sewer line to the school also requires sewer easements be recorded and obtained from MI Homes (owner/developer of the recently-approved Ballentine subdivision to the south), and from Glen Ridge Townhomes Homeowners Association (where an existing easement needs a minor modification). As per direction on October 9, County and CHCCS staff are working to secure easements on these properties. Both parties have indicated willingness to grant the easements in a timely manner. These easements are also not part of this action item, as they are not on County-owned land. CHCCS administration indicates that the easements are needed at this time in order to keep the elementary school on schedule. In order to accomplish this, conversations between CHCCS and County representatives with the property owners to the- south will be needed. FINANCIAL IMPACT: There is no cost associated with the granting of these easements on County property. The cost of the water and sewer line construction is addressed in the capital project ordinance for the elementary school. RECOMMENDATION(S): The Manager recommends that the Board approve the easement documents for the extension of the water line, and for the sewer line from the southern boundary line of Twin Creeks to the new elementary school, subject to final review by the County Attorney. Consideration of the potential additional sewer easement around the elementary school will be deferred to a future meeting. 3 Prepared by and return to: Geoffrey Gledhill County of Orange 129 E. Tryon Street Hillsborough, NC 27278 PIN # 9860966793, Tax Map No. 7.23.c.1 NORTH CAROLINA ORANGE COUNTY DEED OF EASEMENT FOR WATER SYSTEM THIS DEED, made and entered into this 19th day of October, 2007, by~and between Orange County, North Carolina, a body politic and corporate, a political subdivision of the State of North Carolina, hereinafter referred to as Grantor, and Orange Water and Sewer Authority, a public body and body politic and corporate created and existing under Article 1, Chapter 162A, of the General Statutes, with its principal office at 400 Jones Ferry Road in Carrboro, North Carolina, hereinafter referred to as Grantee; WITNESSETH THAT WHEREAS, the Orange Water and Sewer Authority has constructed and proposes to construct a water system for the use of its citizens and for that purpose has constructed and proposes to construct lines of pipe and mains necessary for the proper transmission of water; NOW THEREFORE, in consideration of the sum of One and No/100 ($1.00) Dollar, and other good and valuable consideration paid to the Grantor, the receipt of all of which is hereby fully acknowledged, the said Grantor does hereby give, grant, quitclaim, and convey unto the Orange Water and Sewer Authority, its successors and assigns, the right, privilege and perpetual easement to go in and upon a parcel of land 30 feet in width described herein and owned by the Grantor, lying and being in Orange County, North Carolina, the centerline of the said land 30 feet in width being more particularly described as follows: Description of water line Easement across Orange County Property: Beginning at a point 283.89' from the northeastern property corner, point N4786.6423, E3596.0498, of property with an Orange County PIN of 9860966793, continuing along a centerline toward the East at a bearing S85°02'48"E for 139.73', then S15°09'06"E for 127.38', then S47°39'56"E for 78.22', then N75°17'28"E for 12.53', then N75°18'58"E for 221.31', then N74°16'18"E for 248.28', then N75°17'52"E for 60.05', then N77°10'05"E for 102.20', then S47°21'37"E for 40.41', then S82°25'54" E for 43.90', then N65°09'20"E 4 for 41.04', then S26°30'45"E for 108.33' to a point, N4844.9569, E4602.8525. Additional water line easement described by: Centerline beginning at point N4853.1503, E4272.6138 of property with an Orange County PIN of 9860966793, and continuing East along the centerline at a bearing of N74°46'58"E for 39.19', then S15°16'52"E for 29.67', then S15°18'17"E for 96.88' to a point, N4741.6057, E4344.2873. Additional water line easement described by: Centerline beginning at a point N5198.5497 E4128.1221 at the edge of existing ROW on Eubanks Road of property with an Orange County PIN of 9860966793, and running in an easterly direction along the centerline on a bearing S48°06'52"E for 22.49', then N89°56'11"E for 22.28', then S83°43'44"E for 33.86', then S88°36'46"E for 33.51', then N88°56'20"E for 30.29', then S74°17'27"E for 54.37', then S47°52'17"E for 35.69', then N85°04'0"E for 90.20', then SOI°52'58"E for 42.30', then S11°18'45"E for 50.33', then S18°38'57"E for 65.16', then S25°21'48"E for 89.34', then S50°10'22"E for 78.84', then S63°39'10"E for 43.15', then S68°28'48"E for 39.36', then S73°37'47"E for 56.21', then S77°43'43"E for. 39.52' to a point, N4808.0291 E4723.9591. Additional water line easement described by: Centerline beginning at N5148.7018 E4433.2667 of property with an Orange County PIN of 9860966793 and continuing to the East at a bearing of N85°34'06"E for 48.00', then N49°31'09" E for 52.19', then N71 °31'12"E for 30.02', then N78°30'55"E for 25.60', to a point N5197.8334 E4547.1181. The centerlines of the aforesaid easements are mapped on the plat thereof titled "Sheet 1 of 2, OWASA WATER/SANITARY SEWER EASEMENTS DEDICATION, Property of The County of Orange," which plat is recorded at Plat Book ,Page ,Orange County Registry. And, the Orange Water and Sewer Authority, Grantee, shall have the right to construct and maintain in, under and/or above, along and through said parcel of land 30 feet in width one or more lines of pipe and fire hydrants for the purpose of transmitting water as aforesaid, together with the right to construct and maintain in, under, above, and along said easement such mains and hydrants as shall be necessary in connection with the proper construction and operation of said water line; Grantee shall also have the right of ingress and regress through, over and across the land of Grantor to and from said strip at such time as Grantee deems it necessary for the purpose of constructing, maintaining, and inspecting said lines and of making all necessary alterations and repairs thereto; the lines of pipe shall be located at such point or points, elevation or elevations, below or above the surface of the earth as shall be necessary, for proper operation of the system, and shall be established at the proper grade for running said 5 lines and for conveying water as aforesaid, and said mains and hydrants, if any, shall be at such point below or above the surface of the earth as may be necessary for the proper operations of said pipe line or lines; and Grantee shall have the right, privilege and easement to tap the line or lines and construct water lines from the main to the outside boundary of the right- of-way over which this easement and privilege extends; and, Grantee shall have the privilege, easement and right to clear and keep cleared the full width of the easement of and from brush, plants, trees, and any and all other materials, obstructions, structures and encroachments of any kind; (Grantor and Grantee acknowledge that the initial construction of said pipes and hydrants within said easement will be by Grantor and its agents, and that, upon completion of said construction of pipe and hydrants, they will become the property of the Grantee.) The owner of the fee shall retain the right to cultivate the ground lying within the boundaries of the easement, provided that such cultivation shall not interfere with the right of the Grantee herein named of ingress and egress to said easement for the purpose of maintenance and repair of said water main or the construction and repair of water lines, hydrants, and other connections, and such cultivation shall not interfere with Grantee's maintenance.operation or installation of the lines; Grantee shall also have the right at such time as may be convenient to its purpose of ingress and egress to and from the said easement over Grantor's land adjacent to the said easement to any adjoining lands or public rights of way; and provided further that in all cases where there are roads or streets across the tract of land sufficient for the purpose of convenient egress, ingress, and regress in, to, and from the strip of land, such road or streets shall be used by the said Orange Water and Sewer Authority when it is necessary to come in and upon said strip of land for the purposes aforesaid. No building or structure of any kind, except such as constructed by Orange Water and Sewer Authority and, during the initial construction, Grantor and .its agents, shall be located or erected upon the above described easement. It is understood and agreed by the parties that the execution and delivery of this deed of easement by the Grantor and its acceptance by the Authority shall not obligate the Grantee to construct a water line or permit connections to its water system. And, it is further understood and agreed that failure of the Grantee to construct improvements within the said strip of land and/or to clear or keep cleared said strip of land shall not impair in any way the rights, privileges.: and easements of Grantee hereunder. TO HAVE AND TO HOLD all singular the rights, privileges and easements as aforesaid, in, along, upon, and through said premises to the said Orange Water and Sewer Authority, its 6 successors and assigns forever, And Grantor covenants with the Grantee that it is seized of the premises in fee simple, has the right to convey the rights, privileges and easements which are granted herein, and that title is free and clear of all liens and encumbrances which may affect the said rights, privileges and easements conveyed herein, except those that are itemized on Exhibit A attached hereto and incorporated herein by reference, and the said Grantor will warrant and defend the title of said easements against the claims of all persons or parties whomsoever excluding however those claims arising by virtue of the exceptions itemized on Exhibit A. IN WITNESS WHEREOF, the Grantor has executed the foregoing as of the day and year first above written, Grantor ORANGE COUNTY, NORTH CAROLINA By: Moses Carey, Jr., Chair Orange County Board of Commissioners ATTEST: Donna S. Baker, Clerk to the Board of Commissioners NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the day of , 2007. Notary Public My commission expires: Exhibit A Exceptions 1. Matters shown on recorded Plat Book 100 at Page 190, Orange County Registry. 2. Plat of survey by Phillip W. Riley, PLS, dated 10/31/06, shows 30' Duke Power Co Easement and Eubanks Rd (SR 1727) located on insured premises. 3. Conditional Use Permit recorded in Book 4314 at Page 313, Orange County Registry. 4. Memorandum of Lease recorded at Book 4311, Page 206, Orange County Registry. 5. DEED OF TRUST FROM ORANGE COUNTY, NORTH CAROLINA, TO MICHAEL J. POWERS AND DONALD S. KEOUGH, TRUSTEE(S) FOR SUNTRUST LEASING CORPORATION ("SUNTRUST"), DATED 6/26/07 AND RECORDED 6/26/07, AT 1:16 PM IN BOOK 4314 AT PAGE 546, ORANGE COUNTY REGISTRY, TO SECURE AN INSTALLMENT FINANCING CONTRACT DATED AS OF JUNE 1, 2007 IN THE AMOUNT OF $50,057,000.00. 6. UCC RECORDED 6/26/07 AT 1:16 PM IN BOOK 4314, PAGE 563, ORANGE COUNTY REGISTRY. 8 Prepared by and return to: Geoffrey Gledhill Gounty of Orange 129 E. Tryon Street Hillsborough, NC 27278 PIN # 9860968068, Tax Map No. 7.23.c.1A PIN # 9870053117, Tax Map No. 7.23.c.31 E NORTH CAROLINA ORANGE COUNTY DEED OF EASEMENT FOR SEWER SYSTEM THIS DEED, made and entered into this 19th day of October, 2007, by and between Orange County, North Carolina, a body politic and corporate, a political subdivision of the State of North Carolina, hereinafter referred to as Grantor, and Orange Water and Sewer Authority, a public body and body politic and corporate created and existing under Article 1, Chapter 162A, of the General Statutes, with its principal office at 400 Jones Ferry Road in Carrboro, North Carolina, hereinafter referred to as Grantee; WITNESSETH THAT WHEREAS, the Orange Water and Sewer Authority has constructed and proposes to construct a sewage system for the use of its citizens and for that purpose has constructed and proposes to construct lines of pipe and mains necessary for the proper transmission of sewage; NOW THEREFORE, in consideration of the sum of One and No/100 ($1.00) Dollar, and other good and valuable consideration paid to the Grantor, the receipt of.all of which is hereby fully acknowledged, the said Grantor does hereby give, grant, quitclaim, and convey unto the Orange Water and Sewer Authority, its successors and assigns, the right, privilege and perpetual easement to go in and upon a parcel of land 30 feet in width described herein and owned by the Grantor, lying and being in Orange County, North Carolina, the centerline of the said land 30 feet in width being more particularly described as follows: Description of Sanitary Sewer Easement across Orange County Property: Described by a beginning point in the centerline of the easement at N4469.0640 E 4110.6143 of property with Orange County PINs of 9860966793, 9860968068, 9870053117 and 9860843227continuing along the centerline of the easement S14°53'16"E for 30.01' then S58°32'28"W for 77.11', then S16°49'42"E for 54.75', then S16°49'42"E for 15.22', then S16°49'42"E for 59.21', then S04°14'51"E for 89.55', then S39°42'27"E for 361.95', then S32° 24'58"E for 99.25', then S04°12'02"E for 265.00', 9 then S63°47'14"E for 313.86',then S05°10'53"E for 304.28', then S32°43'45"E for 399.45' then S04°37'39"E for 312.09', then S08°16'49"E for 398.34', then S08°58'07" W for 216.35', then S21 °48'17"E for 243.80' to a point on the south property line 97:02' from a southeastern property corner, point N1621.986 E5068.7919. The centerline of the aforesaid easement is mapped on the plats thereof titled "Sheet 1 of 2 and Sheet 2 of 2, OWASA WATER/SANITARY SEWER EASEMENTS DEDICATION, Property of The County of Orange" which plats are recorded at Plat Book Page and Plat Book ,Page ,Orange County Registry. And, the Orange Water and Sewer Authority, Grantee, shall have the right to construct and maintain in, under and/or above, along and through said parcel of land 30 feet in width one or more lines of pipe and manholes for the purpose of transmitting sewage as aforesaid, together with the right to construct and maintain in, under, above, and along said easement such mains and manholes as shall be necessary~in connection with the proper construction and operation of said sewage line; Grantee shall also have the right of ingress and regress through, over and across the land of Grantor to and from said strip at such time as Grantee deems it necessary for the purpose of constructing, maintaining, and inspecting said lines and of making all necessary alterations and repairs thereto; the lines of pipe shall be located at such point or points, elevation or elevations, below or above the surface of the earth as shall be necessary, for proper operation of the system, and shall be established at the proper grade for running said lines and for conveying sewage as aforesaid, and said mains and manholes, if any, shall be at such point below or above the surface of the earth as may be necessary for the proper operations of said pipe line or lines; and Grantee shall have the right, privilege and easement to tap the line or lines and construct sewer laterals from the main to the outside boundary of the right-of-way over which this easement and privilege extends; and, Grantee shall have the privilege, easement and right to clear and keep cleared the full width of the easement of and from brush, plants, trees, and any and all other materials, obstructions, structures and encroachments of any kind; (Grantor and Grantee acknowledge that the initial construction of said pipes and manholes within said easement will be by Grantor and its agents, and that, upon completion of said construction of pipe and manholes, they will become the property of the Grantee.) The owner of the fee shall retain the right to cultivate the ground lying within the boundaries of the easement, provided that such cultivation shall not interfere with the right of the Grantee herein named of ingress and egress to said easement for the purpose of maintenance and repair of said sewer main or mains or the construction and repair of sewer laterals and 10 connections, and such cultivation shall not interfere with Grantee's maintenance operation or installation of the lines; Grantee shall also have the right at such time as may be convenient to its purpose of ingress and egress to and from the said easement over Grantor's land adjacent to the said easement to any adjoining lands or public rights of way; and provided further that in all cases where there are roads or streets across the tract of land sufficient for the purpose of convenient egress, ingress, and regress in, to, and from the strip of land, such road or streets shall be used by the said Orange Water and ,Sewer Authority when it is necessary to come in and upon said strip of land for the purposes aforesaid. No building or structure of any kind, except such as constructed by Orange Water and Sewer Authority and, during the initial construction, Grantor and its agents, shall be located or erected upon the above described easement. It is understood and agreed by the parties that the execution and delivery of this deed of easement by the Grantor and its acceptance by the Authority shall not obligate the Grantee to construct a sewer line or permit connections to its sewer system. And, it is further understood and agreed that failure of the Grantee to construct improvements within the said strip of land and/or to clear or keep cleared said strip of land shall not impair in any way the rights, privileges and easements of Grantee hereunder. TO HAVE AND TO HOLD all singular the rights, privileges and easements as aforesaid, in, along, upon, and through said premises to the said Orange Water and Sewer Authority, its successors and assigns forever, And Grantor covenants with the Grantee that it is seized of the premises in fee simple, has the right to convey the rights, privileges and easements which are granted herein, and that title is free and clear of all liens and encumbrances which may affect the said rights, privileges and easements conveyed herein, except those that are itemized on Exhibit A attached hereto and incorporated herein by reference, and the said Grantor will warrant and defend the title of said easements against the claims of all persons or parties whomsoever excluding however those claims arising by virtue of the exceptions itemized on Exhibit A. IN WITNESS WHEREOF, the Grantor has executed the foregoing as of the day and year first above written, 11 Grantor ORANGE COUNTY, NORTH CAROLINA By: Moses Carey, Jr., Chair Orange County Board of Commissioners ATTEST: Donna S. Baker, Clerk to the Board of Commissioners NORTH CAROLINA COUNTY OF ORANGE I, , a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the. Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County,. the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the day of , 2007. Notary Public My commission expires: 12 Exhibit A Exceptions 1. Matters shown on recorded Plat Book 100 at Page 190, Orange County Registry. 2. Plat of survey by Phillip W. Riley, PLS, dated 10/31/06, shows 30' Duke Power Co Easement and Eubanks Rd (SR 1727) located on insured premises. 3. Conditional Use Permit recorded in Book 4314 at Page 313, Orange County Registry. 4. Memorandum of Lease recorded at Book 4311, Page 206, Orange County Registry. 5. DEED OF TRUST FROM ORANGE COUNTY, NORTH CAROLINA, TO MICHAEL J. POWERS AND DONALD S. KEOUGH, TRUSTEE(S) FOR SUNTRUST LEASING CORPORATION ("SUNTRUST"), DATED 6/26/07 AND RECORDED 6/26/07, AT 1:16 PM IN BOOK 4314 AT PAGE 546, ORANGE COUNTY REGISTRY, TO SECURE AN INSTALLMENT FINANCING CONTRACT DATED AS OF JUNE 1, 2007 IN THE AMOUNT OF $50,057,000.00. 6. UCC RECORDED 6/26/07 AT 1:16 PM IN BOOK 4314, PAGE 563, ORANGE COUNTY REGISTRY. 7. Right of Way Agreement to Piedmont Electric Membership Corporation, recorded in Book 240 at Page 1326 and Book 234 at Page 828, Orange County Registry. 8. Easement(s) to Duke Power recorded in Book 234 at Page 1437, Orange County Registry. 9. Right of Way Agreement to Public Service of North Carolina, Inc., recorded in Book 142 at Page 64, Orange County Registry. 10. Right of Way Agreement to The University of North Carolina, recorded in Book 134 at Page 570, Orange County Registry. 11. Right of way easement to Roderick Lynwood Cate, recorded in Book 490 at Page 464, Orange County Registry. 12. Right of Way Agreement to The North Carolina Department of Transportation, recorded in Book 1280 at Page 317; Book 906 at Page 240 and Book 906 at Page 239, Orange County Registry. 13. Easement(s) to Duke Power recorded in Book 247 at Page 791; Book 245 at Page 1553 and Book 109 at Page 529, Orange County Registry.