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HomeMy WebLinkAboutAgenda - 05-05-2016 - 5-h - Rogers Road Sewer Project – Granting Easement across County-Owned Property (Animal Services) 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5, 2016 Action Agenda Item No. 5-h SUBJECT: Rogers Road Sewer Project — Granting Easement across County-Owned Property (Animal Services) DEPARTMENT: Planning ATTACHMENT(S): INFORMATION CONTACT: 1. Rogers Road Sewer Proposed Craig Benedict, Planning and Alignment Inspections Director, (919) 245-2583 2. Deed of Easement (Easement Plat John Roberts, County Attorney, (919) Included) 245-2318 Travis Myren, Deputy County Manager, (919) 245-2308 PURPOSE: To consider granting an easement for sewer installation and maintenance on County-owned property that will be part of the Rogers Road Sewer Project. BACKGROUND: Orange County is part of a multi-jurisdictional project, along with Chapel Hill, Carrboro and Orange Water and Sewer Authority (OWASA), to bring sewer service to the Rogers Road community. The alignment for the public sewer line has been designed and will cross the property where the Orange County Animal Services facility is located, south of Eubanks Road. The sewer line easement will be along the western border of the property. The property is in the northeast portion of the project area as shown in Attachment 1. The County Attorney's office has prepared the Deed of Easement document. The easement sketch has been reviewed and approved by both OWASA and Orange County Planning and Engineering staff. The Deed of Easement grants a permanent 30-foot wide easement for installation and maintenance of the proposed sewer line. In addition, a 10-foot wide temporary construction easement is needed in the area across the County-owned property, but this easement will expire upon construction completion. Once signed, the Deed of Easement will be recorded with the Orange County Register of Deeds. Orange County will hold the easement initially. The easement will be transferred to OWASA at the appropriate time, once construction is complete and the sewer system is in operation. FINANCIAL IMPACT: There is no financial impact related to granting the sewer easement. 2 SOCIAL JUSTICE IMPACT: The following Social Justice Goal is applicable to this item: • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. RECOMMENDATION(S): The Manager recommends that the Board grant the easement for the sewer line and authorize the Chair to sign the easement deed on behalf of the County. Rogers Road Proposed Sewer - Easement Parcels Attachment 1 I 3 nu I Animal Services Center ' U *118 1 L.I. II .......„. wassic EL*MU* _4 1m illar■ 111110■- lIMIVAI 1.1 IV a **** . .III 0 Mat IS Ts 411 fil IA pl. � • �o,.. .411.111 1 mudvinatm iI..... .- ■111111 .,.. - ��44 IIM . ! � _ _ ..���4, Alm; 0"pi LgiAlo 1111111s11�1 . ■u;1�11 4- .II. ....._.„*.m, _ 1,_ ,A77....a IF wil, 1 IN, .,,,,..„....,_,,"_.,, �� 1 /451111 ,ice.,■ d 1i m A. , J.. „„. . ■ a1„ . .���mmnii �rp,�.44.) t a IAII �AVIni New WISIlia 11111110 -. M 4 OA ■im�‘ice■ ■�\II; IN itailliV isigt►, . =41r# ,,� Ems`+ , ..,.._Jr� ,,. ■i a .�. I ■■1 Proposed Sewer t,I 1 4. ,,�' o I — Animal Services Center ,� rev L, N ` , . , � xt<_ 1 in=1,100 feet �� • Easement Properties 1 r�_I''1 ''�.�D; -',•%�,� �", mFeet Orange County Planning and Inspections I M Historic Rogers Rd Boundary , tom`` .,■.... Brian Carson(4/14/2016) `_- d1 iet 4 Attachment 2 (Individual or Partnership Sewer Easement No Mortgage and With Temp.Easements) PREPARED BY: Anne Marie Tosco PIN FOR PARENT TRACT: 9870774584 RETURN TO: Kevin Lindley, Orange County Planning REVENUE STAMPS: $0.00 NORTH CAROLINA ORANGE COUNTY DEED OF EASEMENT THIS DEED is made and entered into this the day of 20 ,by and between Orange County,North Carolina hereinafter referred to as GRANTOR, and Orange County, a body politic and corporate of Orange County,North Carolina,with its principal office at 200 South Cameron Street, Hillsborough,North Carolina, 27278,hereinafter referred to as GRANTEE; WITNESSETH: THAT WHEREAS, the GRANTEE intends to construct and operate or cause to be operated a public sewage collection system, and for that purpose will construct lines of pipe and mains necessary for the proper transmission of sewage, and for such purposes needs to acquire rights and easements, some of which will be located on GRANTOR's property: 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 and sufficiency of all of which is hereby fully acknowledged, the said GRANTOR does hereby give, grant, quitclaim, and convey unto the GRANTEE,its successors and assigns, (1)the right,privilege, and perpetual 5 exclusive easement for the location, construction, operation, maintenance, alteration; repair and patrol of underground sanitary sewer and/or other utility lines; and (2) temporary easements for the purpose of constructing, installing and placing underground sanitary sewer and/or other utility lines; both together with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other vegetation, structures, or obstacles within the limits of the right-of-way; reserving, however, to the land owners, their heirs and assigns, all such rights and privileges as may be used without interfering with or abridging the rights and easement hereby acquired; subject, however, to existing easements for public roads and highways,public utilities, railroads and pipelines and right-of-way in, on, over and across the parcel of land, and said perpetual easement containing 11,826 square feet, more or less, and said temporary easements being 3,960 square feet, more or less, and 1,138 square feet, more or less, described herein and owned by the GRANTOR, lying and being in the Chapel Hill Township, Orange County,North Carolina, the said easements being more particularly described as follows: See EXHIBIT PLAT, attached and hereby incorporated And, the GRANTEE shall have the exclusive right therein to construct, operate,maintain, and replace in,under and/or above, along and through said strip of land 11,826 square feet,more or less, one or more lines of pipe and manholes for the purpose of collecting and transmitting sewage as aforesaid, together with the right to construct and maintain in,under, above, and along said easement such mains, lines, and manholes as shall be necessary in connection with the proper construction, operation, and maintenance of said sewage system; GRANTEE shall also have the right of ingress, egress, and regress through, over, and across the land of the GRANTOR to and from said strip at such times as GRANTEE deems it necessary for the purpose of constructing,maintaining, inspecting, operating, and replacing 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 operation of said pipe line or 6 lines; and GRANTEE shall have the right,privilege and easement to tap the line or lines and construct,maintain,inspect, operate, and repair sewer laterals from the main to the outside boundary of the 11,826 square feet,more or less, 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; the owners 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, egress, and regress to said easement for the purpose of operation,maintenance,repair, or replacement of said sewer mains, lines, laterals, connections, and manholes; GRANTEE shall also have the right at such times as may be convenient to its purposes of ingress, egress, and regress 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 said strip of land, such roads or streets shall be used by the said GRANTEE when it is necessary to come in and upon said strip of land for the purposes aforesaid. AND, GRANTEE,by and through its employees, agents, contractors, successors and assigns may enter GRANTOR'S said property, and thereupon may install any such temporary facilities as may be necessary to construct,maintain,repair, or continue operation of GRANTEE'S sewer collection system,within the temporary easements of 3,960 and 1,138 square feet,more or less; GRANTEE will not remove trees within the temporary easement for the purpose of construction of these facilities unless the parties otherwise agree. However, GRANTEE may excavate the area within the easement as necessary to install the temporary facilities. Upon completion of the construction project involving replacement of the sewage system, GRANTEE will remove the temporary facilities. It is understood and agreed by the parties that this easement is an exclusive easement and the area within the easement may not be used by third parties without GRANTEE'S express written consent. Said perpetual easement is to be freely and fully transferable by the GRANTEE to its heirs, successors, assigns, agents and/or contractors without prior notice, written or otherwise, to the GRANTOR. No building or structure of any kind,nor any other utility or improvement, except such as may be constructed or consented to by GRANTEE, shall be located or erected upon or within the above described easement. 7 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 GRANTEE 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 conveyed to the 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 GRANTEE and its successors and assigns forever, save and except the temporary construction easement will terminate upon completion of the construction of the sanitary sewer and/or other utility line. And GRANTOR covenants with the GRANTEE that GRANTOR is seized of the premises in fee simple,has the right to convey the rights,privileges and easements which are granted herein,that title is free and clear of all liens and encumbrances which may affect the said rights,privileges and easements conveyed herein, and the said GRANTOR will warrant and defend the title to said easement against the claims of all persons or parties whomsoever. IN WITNESS WHEREOF, Orange County,North Carolina, GRANTOR,has caused this instrument to be signed in its corporate name by its duly authorized official, all as of the day and year first above written. Orange County,North Carolina By: Name Title 8 STATE OF NORTH CAROLINA COUNTY OF I, , a Notary Public of the County and State aforesaid, certify that ,personally appeared before me this day and acknowledged he/she is the authorized official of Orange County,North Carolina, and that he/she signed the foregoing instrument on behalf of Orange County,North Carolina for the purposes herein expressed. Witness my hand and seal this day of , 20 . Notary Public My commission expires: 9 EXHIBIT A-SHEET 1 OF 2 NOTES: 1.THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY. IT DOES NOT CONSTITUTE A DEDICATION OR EOgFNKS RD . .. lik CONVEYANCE OF EASEMENTS. 2.AREAS COMPUTED BY COORDINATE METHOD. SITE �` 0,rn 3.ALL DISTANCES SHOWN ON THIS PLAT ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED. 4.THE INFORMATION CONTAINED HEREON IS SUBJECT TO THE FINDINGS OF A COMPLETE AND ACCURATE OPINION OF TITLE,AND TO THOSE EXCEPTIONS AND EASEMENTS OF RECORD, IF ANY, NOTED THEREON. Pp 5.THE DATUM DESCRIBED AND COORDINATES SHOWN HEREON WERE ESTABUSHED BY USING THE N.C. REAL cF' Y TIME NETWORK. KNOWN PUBLISHED MONUMENTS WERE TIED TO VERIFY ACCURACY. PS PUREFOY DR 3� 6)THE PROJECT POINT OF LOCALIZATION HAS A NORTHING OF 804,264.72'AN FASTING OF 1,976,764.51'AND `9LLY P�� �� /. AN ELEVATION OF 545.16'. THE PROJECT COMBINED FACTOR IS 0.999927563 '- O TR RO 7� I '' �� a/, i7-- . SHEET 2 OF 2 'aiftl SHEET 1 OF 2 / VICINITY MAP / \ (NOT TO SCALE) zA 1 0 N 1 // fD // n \ EXISTING 30' WATER EASEMENT co /"' ---A \ DB 5908 PG 80 a, // // \ ii N EIS // 1 \ mz to = SEWER EASEMENT N //N z 11,826+1-SQ FT OR 0.271 ACRES E.' /// 'm 1- 0°' /. Z O PIN#9870662911 m A m o w N V N PIN#9870774584 ORANGE COUNTY, o I,A o NORTH CAROLINA YYY/// ORANGE COUNTY, DB 2894 PG 274 N rn g/�'a NORTH CAROLINA z % DB 4247 PG 413 PB15PG199 m DB 4247 PG 416 PB 101 PG147 0' rn TEMPORARY CONSTRUCTION EASEMENT#1 3,960+/-SQ FT OR 0.091 ACRES thj'-"------ g EXISTING 60' / LINE BEARING DISTANCE PRIVATE ACCESS /� L1 S86'45'13"VV 30.00' EASEMENT i 10 EXHIBIT A-SHEET 2 OF 2 NOTES: \g 1.THIS EXHIBIT IS FOR ILLUSTRATIVE PURPOSES ONLY. IT DOES NOT CONSTITUTE A DEDICATION OR EUBKNKS . - CONVEYANCE OF EASEMENTS. ✓ 2 2.AREAS COMPUTED BY COORDINATE METHOD. SITE °tea 3. ALL DISTANCES SHOWN ON THIS PLAT ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED. 4.THE INFORMATION CONTAINED HEREON IS SUBJECT TO THE FINDINGS OF A COMPLETE AND ACCURATE OPINION OF TITLE,AND TO THOSE EXCEPTIONS AND EASEMENTS OF RECORD, IF ANY, NOTED THEREON. Pp 5. DATUM COORDINATES SHOWN WERE RTIED4TORVERIFYBCCURACY. USING THE N.C. REAL cF?S M PUREFOY DR�M 6)THE PROJECT POINT OF LOCALIZATION HAS A NORTHING OF 804,264.72'AN EASTING OF 1,976,764.51'AND ILT"9LLY 464111 . AN ELEVATION OF 545.16'. THE PROJECT COMBINED FACTOR IS 0.999927563 °TR 1I ,�4 HOMESTE�gp RQ CURVE ARC LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH V Q�j.)i i Cl 10.95' 25128.18' 0'01'30" N81'59'52"E 10.95' 02 10.30' 25128.17' 1701'25" N82'01'19"E 10.30' - . C3 30.88' 25128.18' 0'04'13" N82'04'08"E 30.88' i ilk _ I ^o C4 10.29" 25128.17' 0'01'24" N82'O6'57"E 10.29' VICINITY MAP o LINE BEARING DISTANCE (NOT TO SCALE) c L3 BEARING 77.38' z o z / 6 w R� p O $ _ -7�jJ a — z — p O — SROAD - SR 1727 8, EUBAN 60,PUBLIC RAN) OO _ - _ _ - -0C3_ © C1 C2 10' /z /'" I —r- 7-3/14--- PROPOSED R/W LINE — _ z ,;//:" t'',1./ DB 5908 PG 80 N:it/p TEMPORARY CONSTRUCTION EASEMENT#2 w � z/w 1,138+/-SQ FT OR 0.026 ACRES /a +- I N/5, / SEWER EASEMENT T N / m 11,826+/-SQ FT OR 0.271 ACRES PIN#9870662911 N /�° �y/ � I I ORANGE COUNTY, /j ii !Yr 'I r_WATER EASEMENT NORTH CAROLINA <0 `-Y/�`,- I I DB 5908 PG 80 DB 2894 PG 274 ib v PB 15 PG 199 Z « /7 Pi, j z co fl w I I PIN#9870774584 / ORANGE COUNTY, z I NORTH CAROLINA P. y " / DB 4247 PG 413 EXISTING 60' g / 10' 1 \ DB 4247 PG 416 PRIVATE ACCESS r 30' / 1 / PB 101 PG147 EASEMENT °a_ PB 78 PG 153 SHEET 2 OF 2 / TEMPORARY CONSTRUCTION EASEMENT#1 SHEET 1 OF 2 3,960+/-SQ FT OR 0.091 ACRES 11 1\ LEGEND ® CONTROL POINT • COMPUTED POINT EIPO EXISTING IRON PIPE OR PIN EISO EXISTING IRON STAKE O$ EXISTING SEWER MANHOLE `���11�1111/�� EXISTING PROPERTY LINE SURVEYED `,,off CAR i,�' — LINE COMPUTED FROM RECORDS S�•.....,�L ,i —SAN— SEWER EASEMENT .�,5�4•'�pFES$74'....r��� —TCE— TEMPORARY CONSTRUCTION EASEMENT • Q '9l r. _ DB PG DEED BOOK, PAGE L-3946 = PB PG PLAT BOOK, PAGE - '• t ! _ i •94 ib• S. THIS EXHIBIT IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN . J•••• D vF. 0' 25' 50' �� SUR � �� REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH i,�4. •'••••••• `�� ANY APPLICABLE LAND DEVELOPMENT REGULATIONS.THE INTENT OF Oe 'CRY S. O. THIS EXHIBIT IS TO ILLUSTRATE THE LOCATION OF THE PROPOSED ��.//1111111... SCALE 1"= 50 FEET UTILITY EASEMENT AS SHOWN. C I I ENGINEERING, SEWER EASEMENT EXHIBIT PREPARED FOR ORANGE WATER & SEWER AUTHORITY PROPERTY OF 3220 GLEN ROYAL RD.RALEIGH,NC 27617 ORANGE COUNTY,NORTH CAROLINA TEL.(919)788-0224 FAX(919)788-0232 ORANGE COUNTY CHAPEL HILL TOWNSHIP NORTH CAROLINA CORPORATE LICENSE#P-0189 FEBRUARY 29,2016 SCALE 1"=50' FILE:39B-OC