HomeMy WebLinkAboutAgenda - 11-01-2016 - 6-f - Dedication of Stormwater Control Structure Easement for Fairview Park Parking Area Expansion Project 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 1, 2016
Action Agenda
Item No. 6-f
SUBJECT: Dedication of Stormwater Control Structure Easement for Fairview Park Parking
Area Expansion Project
DEPARTMENT: Department of Environment,
Agriculture; Parks & Recreation
ATTACHMENT(S): INFORMATION CONTACT:
1) Deed of Easement; Stormwater David Stancil, 919-245-2510
Facility Marabeth Carr, 919-245-2516
2) Legal Description Map James Bryan, 919-245-2319
PURPOSE: To consider approving a dedication of the Stormwater Facility Easement built to
service the Parking Expansion Project at Fairview Park as presented, upon final review of the
County Attorney, and authorize the Chair to sign on behalf of the Board.
BACKGROUND: The Town of Hillsborough is requiring this dedication, per the applicable State
stormwater rules, to have the ability to enter the site in the event that the County does not
maintain the Bio-Retention facility as outlined in the BMP (Best Management Practice)
Operation and Maintenance Agreement for the Fairview Parking Expansion Project.
The Deed of Easement and Legal Description Map are provided as Attachments 1 and 2.
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice impact associated with
this item.
RECOMMENDATION(S): The Manager recommends that the Board approve a dedication of
the Stormwater Facility Easement to service the Parking Expansion Project at Fairview Park as
presented, upon final review of the County Attorney, and authorize the Chair to sign on behalf of
the Board.
2
Attachment 1
Prepared by and Return to: Tom King,AICP,CZO, Senior Planner,Town of Hillsborough Planning Department,P.O.Box 429,
Hillsborough,NC 27278
STATE OF NORTH CAROLINA STORMWATER CONTROL STRUCTURE ACCESS
COUNTY OF ORANGE AND MAINTENANCE EASEMENT AND AGREEMENT
PIN: 9865-81-6980
This STORMWATER CONTROL STRUCTURE ACCESS AND MAINTENANCE EASEMENT AND AGREEMENT
("Easement and Agreement"),made this day of ,2016,by Orange County,a North Carolina county,whose
principal address is 200 South Cameron Street,P.O.Box 8181,Hillsborough,NC 27278 (hereafter"Grantor"),with,to, and for the
benefit of the Town of Hillsborough,a municipal corporation of the State of North Carolina,whose address is 101 East Orange Street,
P.O.Box 429,Hillsborough,North Carolina 27278 (hereinafter"Grantee"or"Town").
WITNESSETH:
THAT WHEREAS,Grantor is the owner in fee simple of certain real property, situated in Hillsborough Township,County of
Orange,North Carolina and more particularly described as follows:
All of the 13.92 acres identified as"`C' Remainder"on the plat and survey by Summit Consulting
entitled"Final Plat—Recombination Survey-Property Surveyed for Town of Hillsborough"
recorded in Plat Book 104,Page 194 of the Orange County Registry;
it being the same land conveyed to the Grantor by deed recorded in Book 259,Page 862 and Book 887,Page 187 in
the Office of the Register of Deeds for Orange County(hereafter referred to as"Property");and
WHEREAS,the property is located within the planning jurisdiction of the Town of Hillsborough,and is subject to certain
requirements set forth in the UDO(Unified Development Ordinance)of the Town, (hereafter"Hillsborough UDO"),as such may be
amended from time to time;and
WHEREAS,one of the conditions for development of the Property is the granting or dedication of a Stormwater Control
Structure easement,which includes the implementation of certain stormwater practices such as,but not limited to,the construction,
operation and maintenance of engineered stormwater control structure(s)as provided in the Hillsborough UDO;the dedication of an
access easement for inspection and maintenance of the Stormwater Control Structure easement areas and engineered structures;and
the assumption by Grantor of certain specified maintenance and repair responsibilities;and
WHEREAS,this Easement and Agreement has been procured in accordance with the requirements of NCGS Section 143-
211 et. seq.and Section 6(Development Standards),Article 6.20(Stormwater Management)of the Hillsborough UDO.
NOW,THEREFORE, for a valuable consideration,including the benefits Grantor may derive therefrom,the receipt of which
is hereby acknowledged,Grantor has dedicated,bargained and conveyed and by these presents does hereby dedicate,bargain, sell,
grant and convey unto the Grantee,its successors and assigns,a perpetual,and irrevocable right and easement in,on,over,under,
through and across the Property(1)for STORMWATER CONTROL STRUCTURE easements("hereafter SCS Easements")of the
Page 1 of 3
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nature and character and to the extent hereinafter set forth,more particularly shown, described and identified as"New BMP Access
and Maintenance Easement"as shown on the Exhibit dated October 5,2016 by CRA-AE entitled"Bioretention Cell Access and
Maintenance Easement,"which is attached to and made a part of this document;upon which Grantor shall construct,maintain,repair
and reconstruct stormwater control structure(s),including detention pond(s),pipes and water control structures,berms and dikes,and
shall establish and maintain vegetative filters and groundcovers;and(2)an access and maintenance easement more particularly shown
and described on the attached Exhibit herein referenced, for the purpose of permitting Town inspection and,if necessary,maintenance
and repair of the SCS Easements and engineered structure(s)as more fully set forth herein and in the Hillsborough UDO.
The terms,conditions,and restrictions of the Stormwater Control Structure Access and Maintenance Easement are:
1. Grantor represents and warrants that Grantor is financially responsible for construction,maintenance,repair and
replacement of all stormwater control structures,appurtenances and vegetation,including the impoundment.Grantor
agrees to perform the maintenance as outlined in the Operations and Maintenance Agreement recorded at Book
6204,Page 169 of the Orange County Registry and in consideration of the Certificate of Compliance with
stormwater regulations received for Property.
2. If Grantor fails to comply with these requirements,or any other obligations imposed herein,in the Hillsborough
UDO or Operations and Maintenance Agreement,the Town of Hillsborough may perform such work as Grantor is
responsible for and recover the costs thereof from Grantor.
3. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee,its officers,employees,
and agents may enter Stormwater Control Structure and Access and Maintenance Easement whenever reasonably
necessary for the purpose of inspecting same to determine compliance herewith,to maintain same and make repairs
or replacements to the engineered stormwater control structure(s)and appurtenances and conditions as may be
necessary or convenient thereto in the event Grantor defaults in its obligations and to recover from Grantor the cost
thereof,and in addition to other rights and remedies available to it,to enforce by proceedings at law or in equity the
rights,covenants, duties,and other obligations herein imposed.
The Grantor shall in all other respects remain the fee owner of the Property and area subject to these easements,and may
make all lawful uses of the Property not inconsistent with these easements.
The Grantee does not waive or forfeit the right to take action to ensure compliance with the terms,conditions and purposes of
this Easement and Agreement by a prior failure to act.
The Grantor agrees that the terms,conditions and restrictions of this easement will be promptly recorded by Grantor in the
Orange County Registry.The designation Grantor and Grantee shall include the parties,their heirs, successors and assigns.
TO HAVE AND TO HOLD the aforesaid rights,privileges,and easements herein granted to the Grantee,its successors and
assigns forever and the same Grantor does covenant and that Grantor is seized of said premises in fee and has the right to convey the
same,that except as set forth below the same are free from encumbrances and that Grantor will warrant and defend the said title to the
same against claims of all persons whosoever.
The covenants agreed hereto and the conditions imposed herein shall be binding upon the Grantor and its agents,personal
representatives,heirs and assigns and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity
with the above described land.
IN WITNESS WHEREOF,the Grantor has caused this instrument to be signed in its name,the day and year first above
written.
Orange County,a North Carolina county
By:
Earl McKee
Chair,Orange County Board of Commissioners
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STATE OF NORTH CAROLINA
COUNTY OF
I, ,a Notary Public of the County and State aforesaid,certify that Earl McKee,Chair
of the Orange County Board of Commissioners,personally appeared before me this day and acknowledged the execution of the
foregoing instrument.
WITNESS my hand and notarial seal,this the day of ,2016.
Notary Public
My commission expires: ,20 .
Page 3 of 3
Attachment 2 5
VICINITY MAP
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Date 10/5/2016 Dwg.1514_BMP_ESMT *ACCESS TO FAIRVIEW PARK ACCESS AND MAINTENANCE
Scale 1" = 60' Ref.Dwg. C2.0 EASEMENT SHALL BE ALONG PUBLIC WORKS DRIVE FROM
NC HWY. 86
Title Bioretenion Cell Access *THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT
CRA-AE and Maintenance Easement BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR
ilia Project Fairview Park Parking Expansion COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT
architeds engineers planners Orange County,North Carolina
REGULATIONS