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HomeMy WebLinkAboutAgenda - 04-24-2007-4jORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 24, 2007 Action Agenda Item No. ~_ SUBJECT: Durham Technical Community College Satellite Campus Property Ownership DEPARTMENT: County Attorney PUBLIC HEARING: (Y/N) No Purchasing and Central Services ATTACHMENT(S): Warranty Deed INFORMATION CONTACT: Geoffrey Gledhill, County Attorney Pam Jones, Purchasing (919) 245-2652 PURPOSE: To consider executing a Special Warranty Deed from Orange County to Orange County and The Trustees of Durham Technical Community College. BACKGROUND: The North Carolina General Assembly earmarked $4 million of the 1998 voter approved State bond referendum for an Orange County satellite campus of Durham Technical Community College (DTCC). In order to receive the State bond funds, Orange County was required to provide a match of $4 million. In March 2000, the Commissioners appointed a Community College Task Force to determine public interest in establishing a satellite campus in the County. In November 2000, Commissioners received the report from the Task Force and confirmed their interest to move forward with the development of an Orange County satellite campus. Over the course of several months, the site selection team, including County Commissioners and the two DTCC Trustee members~residing in Orange County, completed review of multiple sites in central Orange County. A 20-acre tract in the Waterstone development was ultimately acquired for the satellite campus. In order to expedite the closing process, the County was listed as the property owner when the property- deal was closed in April 2005. The joint ownership of the property by the County and Durham Technical Community College, however, was contemplated when the property was purchased, as reflected in the County Commissioner's April 12, 2005 agenda item. At such time the attached Special Warranty Deed is executed by both the Commissioners and The Trustees of Durham Technical Community College and recorded with the Orange County Register of Deeds, the .intended ownership arrangement will be complete. 2 FINANCIAL- IMPACT: There is no financial impact associated with the execution of the Special Warranty Deed. RECOMMENDATION(S): The Manager recommends that the Board execute the Special Warranty Deed; and authorize the Chair to sign on behalf of the Board. 3 NORTH CAROLINA ~SPECIAIL ~~%ARRANTY DEED 1=xcise Taz: Parcel IdentiTier No. Verified by County on the. day of . 2U_ B tip: 5 DEED W S PREPARED WITHOUT BENEFIT OF TITLE EXAM. ivlail/Box to: Geoffrey E. Gledhill, Esq P 0 Drawer J529 Hillsborough NC 2778 This instrument «-as prepared by: Geoffre E. Gledhill E ~ Col G d H Peek, C, P.0. Drawer 1. 29, Hillsborough, NC 2727 Brief description for the Inde1: ~f1 L1 arras, hIC~~ 86 - THIS DEED made this day of 20 07,.by and beriveen GRANTOR GRANTEE ORANGE COUNTY, a body politic and ORANGE COUNTY, a body politic and corporate corporate P.0. Box 81,8J. Hillsborough, NC 27278 and THE TRUSTEES OF DURHAM TECHNZCAL ' COMMUNITY COLLEGE, a body corporate J.637 Lawson Street Durham, NC 27703 as •.Ten nts . iti .Co on Enter in appropriate block for each party: name, address, and, if appropriate, character of en'rri~y, e.g. corporation or partnership.. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural. masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Hillsborough Hillsborough Township, __~gran~e _ County, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. The propeily hereinabo~•e described was acquired by Grantor by insfnimenf recorded in Bocik 3 72J, page 538 .A map showing the above described property is recorded in flat Book 97 page 67 NC Bar Association corm No. 6 'i'% 1977, 2002 + James \villiams & Co., Inc. Printed by Agreement with the. NC Bar Association - 19b1 www.JamesWitliams.eom TO f-IAVL AND TO1-TOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor co~~eaiants with the t~n•antee, that Grantor has done nothing ro impair suci} title as Grantor received. and Grantor will warrant and defend the title a!~ainst the 1a~4~ful claims oCall persons claimin`* hy, under ar through Grantor. other than the fo11o~~~ing exceptions: SEE EkHIBIT B ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. Iti tiVIT>\F~SS il'1IEf{I_(.)F. the Granrr.,r ha; dull- executed thz fore~~oinu as i,f thu i3a}~ and ~~ear lir~;t abeive » ritlon. ORANGE COUNTY, a body Politic and iEntity tian,,1 ~ corporate ,. B }~: s Title: Chair Board of Commissioners ATTL'ST: :.~ Hv: _ Title: Clerk Board of Commissioners __ ~ l- f3v: • _' _ -title: ,State of i'~IC:T-th Carcllt'.rl '~Gi.t?~t_-,~ of i~ranye (SEAL) (SEAL) (SEAL) i.sr:~Ll 1, a Idatary Public of ti-'i%= ;ot.tr;ty and State aforesaid, certify tYtat Donna S. Ba~:er persc>nally came i_,efore rte tl-tis :lay and acl:not.~ledged that she is Cler}: to tl'ie Board of Commissioner, for Orange Count~:~; a body politic and corporate, and that by auti-tc~rity duly gi~~en and as the act of said County, the foregoing i.nstrumer!t ~,aas s_gr;ed in its name by tl-!e Chair of said Board of Commissioners and attested by him as Deputy Clerk ..o said Board of Commissioners. iaitness my hand and offir_ial stamp or seal, this the day of ^O Notary Public M1~ commission expires: The foregoing Certificatr(sj of _ is~are certified to be correct. This instnniient and this cea•titicate are duly resisterecl at the date and time and in the Book and Page shaven on the first pace hereof. Resister of Deeds for ~ County [3~. -- - Deputyi,Assistant - Rcgislcr of Deeds . NC Isar Association Form No. (i ,i~'i 19%7, ?UU? + = .fames ~t%illiams & Co., tnc. Printed by Agreement with the NC F3ar Association - 1951 www.Jamrs~i'illiams.com >/ZflIBIT .~ PIN f~ 9ti7 ;- ~ ~-(J977 Ph ~ 98T-1 ;-11819 (easement) Consistin`.~ cif ?U.t)U acres, more c>r less. designated as Tract .~ on the plat of the sure°cy by The John R. ~~1cAdams Compa~iy, Inc. (Robert C'. Baumgartner, P.L.S. L-=t~ ~ 1) clatecl Q711?it)~1. entitled DTCC TRACT ~. \~'ATERS-PONE DRIVE DEDIC',-1TION and re.cordecl in Plat Book 97 at Page C7 of the Orange County Registry (the "PIaC~). TOGETHER ~~~tTl-I a noneicclusive easement and right of ing-Tess, egress and re~n-css for the purposes of pedestrian and vehicular access, ingress, egress and regress and utilities. ii?stallatian and use over, across and under the servient land o~~°ncd by the; grantor, which servient land in that area designated as'`WATERSTONE I7RTVE 95~ RiW" as shown on the Plat; provided that the foregoing easement shall automatically ten1~i77ate upon dedication and acceptance of the. said sen-ient land for public use and maintenance as a publicly maintained right ~t ~vay. I~ l IIIBIT B Strut rights-ot=way; r\Il utility. stormwater, grecnwa~~ LtllCl di'&Iidge easements ar~d ri`.rhts-ot=~a~tr~: Cit~liCourity ad valorem tales tau- the current year. ifany. not yct.due and payable; ~. Covenants. restrictions and easements of record which ar-e not othcrwiso objected to by Grantee as set forth be1o~~-; , Zoning and other applicable local, state and federal la~~-s and regulations, including, but not limited to the ti~faterstone. Master Plan approved Uy the Town of Hillsborough on March S, 2004, as amended from time to time thereafter ("Waterstone Master Plan'"), including any requirements that the Grantee subsequently obtain a special use permit required in order to develop the Property in the matter contemplated. 6. The Declaration of Covenants, Conditions and Restrictions, Orange County. Campus; Durham Tccluiical Community College Property, Waterstone Project, Town of Hilisborou~T 1, Orauae County, North Carolina, recorded in Book 3721 at Page Sl S, Orange County Registry; and 7. Encroachments, overlaps; boundary disputes or other matters which would be disclosed by an accurate survey oPthe Property.