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HomeMy WebLinkAboutAgenda - 10-05-94-IX-A 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 5, 1994 Action Agenda Item # TX-A SUBJECT: Sewer Easement Agreement with Hillsborough DEPARTMENT: County Manager PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: County Engineer ext. 2300 Easement Agreement TELEPHONE NUMBERS: Vicinity Map and Property Hillsborough - 732-8181 Plat have been previously Durham - 688-7331 provided to Commissioners Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To present a proposed sewer easement agreement to the Board of County Commissioners for its approval and execution BACKGROUND: For some time, the Town of Hillsborough has had problems with the capacity of its sanitary sewer system serving the portion of its service area lying south of Interstate 85 and along Hwy 86. Sewer service to the New Hope Elementary School, Wildwood subdivision and Woodsedge Mobile Home Park has been provided by a network of force mains and pumping stations. The Town, the County and the County Board of Education have, in the past, participated financially in sewer construction projects which have improved the sewer capacity in the area by eliminating pumping stations, force main bottlenecks, etc. The Town and the Board of Education are currently cooperating in a new project to improve capacity in the area so that the new middle school on Hwy 86 can receive municipal sewer service. Plans for the new middle school call for an on-site gravity sewer collection network which is to be connected, via approximately 500 feet of off-site gravity line, to an existing pump station which was constructed to serve the elementary school. This pump station is connected via force main to another existing pump station located at the Wildwood subdivision. The Wildwood pump station is currently operating at full capacity and represents a bottleneck in terms of providing sewer service to the middle school. The Town has proposes to eliminate the pump station bottleneck by extending gravity sewer service to Wildwood and removing the Wildwood pump station from service. 2 The proposed gravity sewer service is to be extended by means of an eighteen inch interceptor line constructed along Cates Creek from the end of the Town' s existing gravity collection system near Wilmore Electric to a new manhole located a point just north of Interstate 85. From this manhole, located at the point where Cates Creek intersects a tributary stream flowing from the Wildwood area, a twelve inch outfall line will be extended along the tributary, under Interstate 85 to the Wildwood pump station. The pumps at the pump station will be removed and the structure converted to a manhole. The eighteen inch Cates Creek sewer interceptor will, for the present, terminate at the manhole at the intersection of Cates Creek and the Wildwood tributary. At some future date, the interceptor could be extended south and southwest along Cates Creek, under Interstate 85, to the vicinity of the intersection of Interstate 40 and Old Hwy 86. The service area implications of this potentiality are being discussed by the I-40/old NC 86 Economic Development District Workgroup. The potential for providing sewer service to the northeast and northwest quadrants of the I-40 and old NC 86 interchange has been favorably considered by this group. The proposed Cates Creek interceptor crosses property owned by Orange County and currently the site of the Orange Enterprises facility. The property is located on Valley Forge Road which intersects Hwy 86 approximately 2000 feet north of the intersection of NC 86 and Interstate 85. The entire parcel contains approximately three acres and the easement requested contains approximately one-half acre. The Orange Enterprises building is located in the southwest corner of the parcel, on the Valley Forge Road frontage. The proposed easement runs all the way across the rear of the property and lies in an unused and unusable (from a building standpoint) heavily wooded area within the Cates Creek floodplain. The proposed easement does not interfere with the existing building, parking area or other facilities. The proposed location of the Cates Creek interceptor represents a potential benefit to the County and Orange Enterprises. Sewer service to the Orange Enterprises building is currently provided through the use of a small and sometimes problematic sewer pumping station. The proposed location of the interceptor would furnish a means of providing the building with a gravity sewer connection and eliminating the existing sewer pump. The installation of the interceptor along Cates Creek could also benefit County economic development efforts by providing the access to municipal sewer service that is necessary for the expansion of Eurosport. This company, which specializes in catalogue sales of soccer clothing and equipment, is located in the old White Furniture complex on Hwy 70 Business. The facility is currently served by an aging 3 conventional septic tank system which cannot be enlarged or modified to accommodate Eurosport' s efforts to expand its office, shipping and warehouse areas within the unoccupied portions of the existing buildings and facilities. RECOMMEENDATION: The Manager recommends that the Hoard: a) review the Easement Agreement and determine if the County will convey the easement to Hillsborough; b) if the easement is to be conveyed, authorize the Chair, the County Manager and the County Attorney to determine the value of the easement, devise modifications (consistent with the intent of the approved easement agreement) to the agreement as required to secure accord among the parties to the easement agreement, and negotiate a settlement with Hillsborough; and c) if the easement is to be conveyed, authorize the Chair to approve the settlement and to sign and execute the agreement. AHEA0906.doc 4 STANDARD FORM ORANGE COUNTY DEED OF EASEMENT (SEWER LINE EASEMENT) NORTH CAROLINA THIS DEED OF EASEMENT, made this day of 19_, by and between Orange County. , Hillsborough, North Carolina ( "Grantor") and the Town of Hillsborough, North Carolina, a municipal corporation, 101 East Orange Street, P. O. Box 429, Hillsborough, North Carolina 27278 (the "Town") : WITNESSETH: THAT WHEREAS, Grantor is the owner of certain real properties located in Hillsborough Township, being identified as Lot No. 8F, of Block A, Tax Map 40 and being more specifically described in Book 460, at Page 283, Orange County Registry (the "Property") ; THAT WHEREAS, the Town of Hillsborough proposed to construct or otherwise improve its sewer system along or near Cates Creek; NOW, THEREFORE, Grantor does hereby donate, give, grant, quitclaim, and convey unto the Town of Hillsborough, its successors and assigns, the right privilege and perpetual easement over, upon and through the Property to construct, install, maintain, repair, modify or remove one or more underground sewer lines, all as more specifically described and located on a copy of a plat which is recorded in Book 71, at Pages 89, 90, and 91 Orange County Registry, said easement being a twenty foot wide permanent 5 easement; together with a perpetual right and easement to go upon the Property whenever the same is reasonably necessary for the purposes of constructing, inspecting, and maintaining said lines and making all necessary alterations and repairs thereto. The Town of Hillsborough shall remove all surplus earth, shall make level the surface of the ground above said lines and apparatus, and shall interfere as little as is reasonably possible with any plants, fences, or other improvements upon the property, provided that such plants, fences and other improvements shall not interfere with the right of the Town of Hillsborough of ingress and egress to the Property for the purpose of maintenance and repair of said main or mains or the construction and repair of laterals and connections, and such plants, fences and other improvements shall not interfere with the Town of Hillsborough's maintenance operation or installation of the lines. The Town of Hillsborough shall also have the right of ingress and regress through, over, and across the Property to and from said easements at such times as the Town of Hillsborough 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 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 manholes, if any, shall be at such point below or above the surface of the earth as 6 may be necessary for the proper operation of said pipe line or lines; and the Town of Hillsborough shall have the right, privilege and easement to tap the line or lines and construct laterals from the main to the outside boundary of right-of-way over which this easement and privilege extends. 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 Town of Hillsborough shall not obligate it to construct sewer lines or permit connections to its sewer system. It is further understood and agreed that failure of the Town of Hillsborough to construct improvements within the said easement and/or to clear or keep cleared of land shall not impair in any way the rights, privileges and easements conveyed hereunder. (Seal) (Seal) Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the rights, 7 privileges and easements which are granted herein, that title is free and clear of all liens and encumbrances which may effect the said rights, privileges and easements conveyed herein, and Grantor will warrant and defend the title to said easements against the claims of all persons or parties whomsoever. IN TESTIMONY WHEREOF, Grantor has hereunto set his hand and seal the year and day first above written. STATE OF NORTH CAROLINA COUNTY OF ORANGE , a Notary Public for said County and State, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal. Notary Public My commission expires: