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Home My WebLink AboutAgenda - 09-06-2016 - 6-n - Rogers Road Sewer Project – Accepting Sewer Easement Across County-Interest Property 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 6, 2016 Action Agenda Item No. 6-n SUBJECT: Rogers Road Sewer Project —Accepting Sewer Easement Across County- Interest Property DEPARTMENT: Planning ATTACHMENT(S): INFORMATION CONTACT: 1. Deed of Easement (Easement Plat Travis Myren, Deputy County Manager, Included) (919) 245-2308 John Roberts, County Attorney, (919) 245-2318 Craig Benedict, Planning and Inspections Director (919) 245-2583 PURPOSE: To consider accepting an easement for sewer installation and maintenance on County-Interest property (i.e., a prior granted public drainage easement) that will be part of the Rogers Road Sewer Project. BACKGROUND: When a subdivision (now in Carrboro) was approved in Orange County in the 1980's, a drainage easement was reserved by the plat and held by Orange County in public interest. The underlying property owner, Stadler, has signed granting the sewer easement. When another use (such as a sewer easement) of the drainage easement area is requested, Orange County has the responsibility to accept or deny said new use/easement, taking into consideration the effect upon the public drainage interest. The sewer easement will not have any deleterious effect on the drainage easement. More often than not, sewer easements parallel drainage ways to provide downhill `gravity' flow. Therefore the easement requested in Attachment 1 is acceptable. FINANCIAL IMPACT: There is no financial impact related to granting the sewer easement. SOCIAL JUSTICE IMPACT: The following Orange County 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 accept the easement for the sewer line and authorize the Chair to sign the easement deed on behalf of the County. 2 Attachment 1 PIN: 9870432502 NORTH CAROLINA ORANGE COUNTY Temporary Easement Agreement AGREEMENT THIS AGREEMENT is made and entered by and between Gary L. Stadler& Stephanie C. Stadler,hereinafter referred to as OWNER, and a body politic and corporate of Orange County,North Carolina,with its principal office at 200 South Cameron Street, Hillsborough,North Carolina,27278 referred to as ORANGE COUNTY. W ITNE SSETH: WHEREAS, ORANGE COUNTY proposes to construct a public sewage system for the use of citizens of Orange County, and for that purpose to construct, operate, and maintain lines of pipe and mains necessary for the proper transmission of sewage; and WHEREAS,temporary access to and use of OWNER's property is needed in order to construct, maintain, repair, or continue operation of ORANGE COUNTY's sewer collection system, OWNER's real property being part of that real property conveyed to it by a deed recorded in Book 655, Page 582, Orange County Registry, and located in Chapel Hill Township, Orange County,North Carolina. NOW,THEREFORE, in consideration of the mutual benefits recited herein, and other good and valuable consideration,the receipt of all of which is hereby fully acknowledged,the parties have agreed and do hereby agree as follows: 1. ORANGE COUNTY, by and through its employees, agents, contractors, successors and assigns may enter OWNER'S said property, and thereupon may install any such temporary facilities as may be necessary to construct, maintain,repair, or continue operation of ORANGE COUNTY's sewer collection system,within the temporary easement where and as shown in Exhibit Plat attached. 2. ORANGE COUNTY will not remove trees within the temporary easement for the purpose of construction of these facilities unless the parties Page 1 of 4 3 otherwise agree. However, ORANGE COUNTY may excavate the area within the easement as necessary to install the temporary facilities. 3. Upon completion of the construction project involving replacement of the sewage system, ORANGE COUNTY will remove the temporary facilities 4. This agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Said easement is to be freely and fully transferable by the ORANGE COUNTY to its heirs,successors,assigns,agents and/or contractors without prior notice, written or otherwise,to the OWNER. AND IN CONSIDERATION OF the sum of One and No/100 ($1.00)paid to State Employees' Credit Union,hereinafter referred to as LENDER,secured creditor as defined under Chapter 45,Article 4 of the North Carolina General Statutes, the receipt of which is hereby acknowledged,the said LENDER does hereby release the foregoing described sanitary sewer easement from the lien and operation of the deed of trust from Gary L. Stadler& Stephanie C. Stadler signed January 11,2002 and recorded in Book 2483,at Page 590, Registry of Orange County, and the said temporary construction easement herein above conveyed to ORANGE COUNTY shall henceforth be paramount to the lien and operation of the above mentioned deed of trust. This the 23day of 20 i 6 BY: Gary L. St le BY: Stephanie C. Stadler BY: ORANGE COUNTY Name: Title: Bt 0' ' Sta e Eml�oyees' Credit *'o N.me: yU2. Title: t1noei VIIC,P, tlett - Page 2 of 4 4 STATE OF NORTH CAROLINA COUNTY OF 012i4t-4 . I c_. L1At 512- ,a Notary Public of the County and State aforesaid,certify that Gary L. Stadler,personally appeared before me this day and acknowledge the due execution of the foregoing instrument for the purposes herein expressed. 001111tito�' Witness my hand and seal this 23'13' day of UJ•-t- ,20 I O . r.�� J�G�ST C�iL + 4,„.1 c 17.-c) i4000 Notary Public oe � �►�� My commission expires: 6 S7 0 Z 0 �0 ,,,�,' 1#1•Iliiststo° STATE OF NORTH CAROLINA COUNTY OF OV-1411/4,6'E I, EZZtJ E C • LA 64-- ,a Notary Public of the County and State aforesaid,certify that Stephanie C. Stadler,personally appeared before me this day and acknowledge the due execution of the foregoing instrument for the purposes herein expressed. Witness my hand and seal this ZCiat) day of r5u''S ,20 I . 01111i/to • Notary Public ." t�T �• s. My commission expires: &S-2.1)Zv ;. 'teal 0 11,„41 C014, tlllt Page 3 of 4 5 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,and that he/she signed the foregoing instrument on behalf of ORANGE COUNTY for the purposes herein expressed. Witness my hand and seal this day of ,20 Notary Public My commission expires: STATE OF NORTH CAROLINA COUNTY OF vi cx V- I, 12yrar<1ki ,a Notary Public of the County and State aforesaid,certify that roc..■ Whtlke,t' ,personally appeared before me this day and acknowledged he/she is the authorized official of State Employees' Credit Union, and that he/she signed the foregoing instrument on behalf of State Employees' Credit Union for the purposes herein expressed. Witness my hand and seal this 1S day of f`AGq , 20 I a p . —Pyll)f4OL iL Wit.( Notapy Publie My commission expires: ILI .ZO-7 O „NNINNIN//N , Q-PNO y i 2s'j, v6 LAG. , °N cove �N� Page 4 of 4 • EXHIBIT A-SHEET 1 OF 1 6 . ___ NOTES: -._— __ /\. D 1.THIS EXHIBIT IS FOR ILLUSTRATNE PURPOSES ONLY.IT DOES NOT CONSNNTE A DEDICATION OR E11 R �y CONVEYANCE OF EASEMENTS. �� 2.AREAS COMPUTED BY COORDINATE METHOD. • s 3.AIL 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 poc OPINION OF TTTLE,AND TO THOSE EXCEFNONS MD EASEMENTS OF RECORD,IF ANY,NOTED THEREON. • 5.THE DATUM DESCRIBED PUB COORDINATES ED SHOWN WERE TIED TO VERIFY ESTABLISHED BY USING THE N.C.REAL _ F9s Y PUREFOY D TIME NETWORK.KNOWN 6)THE PROJECT POINT OF LOCALIZATION HAS A NORTHING OF 804,264.72'AN FASTING OF 1,976,764.51'AND 1r6(-Y.�O,AN ELEVATION OF 545.16'. THE PROJECT COMBINED FACTOR IS 0.999927563 sr_ TR.) - TALLYHO TRAIL-SR 2213 a (50'PUBLIC RIV) majr %1— VICINITY MAP (NOT TO SCALE) :1)-2 O\Z— EXISTING 30'OWASA co w 2 SEWER EASEMENT 3 z<' DB 4869 PG 477 oPIN#9870432502 1- GARY L STADLER rn� STEPHANIE C STADLER z DB 655 PG 582 PIN#9870339596 '=°MO PB 44 PG 79 EMILY AWEST 53 NCGS "ASHLEY" DB 5119 PG418 (HAD 83/2001) PB 44 PG 79 (NC GRID COORDINATES) NORTHING = 803,939.71' EASTING = 1,983,104.62' r TEMPORARY L2 CONSTRUCTION EASEMENT __ 299+/-SC)FT OR 0.007 ACRES -13jk(GROUtdDI _ O EIP L4 S89°54'15'W 366.43' EIS (LOCALIZED COORDINATES) NORTHING= 803,324.76' EASTING= 1,973,911.88' PIN#9870324695 VAN HOUTEN GROUP LLC LINE BEARING DISTANCE DB 5506 PG 206 LI NO0'35'52"E 29.83' L2 S89'40'44"E 10.00' L3 SO0'26'36'W 29.75' L4 S89'54'15'W 10.08' $. 0 >i • ....;:*�Q..... s/04,•••�,..f LEGEND •• ® CONTROL POINT 1. L-394(6, ; ® COMPUTED POINT " 21(({ t yb' e 0' 20' 40' EPO EXISTING IRON PIPE OR PIN ��s v�9y�J...�.� �% 1150 EXISTING IRON STAKE se,,o,4 l 1 tls,,`", e,, SCALE 1" • COSTING SEWER WER MANHOLE LINE SURVEYED STATE OF NORTH CAROLINA,COUNTY OF ORANGE — — UNE COMPUTED FROM RECORDS I,JEFFFRY S.MUNN,CERTIFY THAT THIS MAP WAS DRAWN UNDER MY SUPERVISION FROM SAN- SEWER EASEMENT AN ACTUAL THAT THE MADE BOUNDARIES NOT SUPERVISION AND ARE ROM RECORDED ORDER DO LINEST AS —TCE— TEMPORARY CONSTRUCTION EASEMENT THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+;THAT THIS FXH1011 IS FOR DB PG DEED BOOK,PAGE ILLUSTRATNE PURPOSES ONLY.THAT THIS SURVEY IS OF MOTHER CATEGORY,SUCH AS PB PG PLAT BOOK,PAGE THE OM m EXCPTITOTHE DEFINITION'DOTING OF SUBDIVISION. NNES MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS THIS EXHIBIT IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN IS 9TH DAY OF MARCH,2016. REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS.THE INTENT OF ,g,14.......-__. THIS EXHIBIT IS TO ILLUSTRATE THE LOCATION OF THE PROPOSED UBLLLY EASEMENT AS SHOWN. illa IT :JI Ja NN,PLS INC L-3946 ENGINEERING TEMPORARY CONSTRUCTION EASEMENT EXHIBIT PREPARED FOR El I .® ( ORANGE WATER&SEWER AUTHORITY PROPERTY OF 3220 GLEN ROYAL RD.RALEIGH,NC 27617 GARY L STADLER&STEPHANIE C STADLER TEL.(919)788-0224 FAX(919)788-0232 ORANGE COUNTY CHAPEL HILL TOWNSHIP NORTH CAROLINA CORPORATE LICENSE#P-0189 FEBRUARY 29,2016 SCALE 1'=40' • FILE:31-GS