HomeMy WebLinkAboutAgenda - 08-17-1993 - III-J •
1
•
ORANGE COUNTY
BOARD OF COMMISSIONERS
• 'Action Agenda
Item No . j: -3
ACTION AGENDA ITEM ABSTRACT
Meeting Date: Auqust. 17 , 1993
SUBJECT: Resolution to Dispose of •
County-owned real property
County Engineer and
DEPARTMENT' County Attorney PUBLIC HEARING YES : NO : X
ATTACHMENT (S) INFORMATION CONTACT: County Engineer
8/17/93 Resolution of the Board of County Attorney (732-
Commissioners TELEPHONE NUMBER- 2196)
N.C. DOT Survey Hillsborough — 7.32-8181
• Chapel Hill - 968-4501
7/16/93 letter from County Attorney ,Mebane - 227-2031
to DOT right-of-way agent Durham - 688-7331
•
Action Agenda Item Abstract for
12/7/92 meeting of the Board of
Commissioners
PURPOSE: To present to the Board of County Commissioners a revised
offer from the North Carolina Department of Transportation (DOT) to
purchase a portion of a County-owned parcel of surplus real
property for use as required for roadway and right-of-way
alignment.
BACKGROUND: On December 7 , 1992 the Board of County
Commissioners adopted a resolution 'authorizing the conveyance to
N.C. DOT of the property described in that resolution for the sum
of $6 , 645 . Thereafter, N.C. DOT completed a land survey of the
property and discovered that the tract of land affected by DOT's
project was larger than originally known and was situated relative
to abutting roads slightly differently than originally known.
Following that discovery DOT made another offer and thereafter
entered into discussions with the County Attorney. The discussions
have resulted in an offer by DOT to purchase the property in
question for $13,350 . The resolution enclosed, if adopted by the
Board of County Commissioners, would authorize Orange County to
convey the property in question to N.C. DOT and would authorize the
Chair and the Clerk to the Board to execute documents as are
necessary to affect the transfer.
RECOMMENDATION: The Manager and the County Attorney recommend
that the Board agree to transfer fee simple ownership of the
portion of the property in question to N.C. DOT at the offered
price of $13, 350 .
•
•
2
NORTH CAROLINA
RESOLUTION
ORANGE COUNTY
WHEREAS, on December 7, 1992 the Board of Commissioners of
Orange County adopted the attached resolution (Exhibit I)
authorizing the sale by Orange County of a portion of its
property to the North Carolina Department of Transportation for
$6,645; and
WHEREAS, since that resolution it has been determined that
the property to be obtained by the North Carolina Department of
Transportation is more valuable than originally thought; and
WHEREAS, the value of the property in question has been
agreed upon by the North Carolina Department of Transportation
and Orange County; and
WHEREAS, Article 40A of the North Carolina General Statutes
authorizes the North Carolina Department of Transportation to
acquire this property by imminent domain in the event Orange
County does not authorize its acquisition by the North Carolina
Department of Transportation.
IT IS THEREFORE RESOLVED by the Board of Commissioners of
Orange County, pursuant to North Carolina General Statutes §
160A-274, that Orange County convey by non-warranty deed the
property specifically described on the fee simple deed, a copy of
which is attached to this resolution as Exhibit II, upon the
payment by the North Carolina Department of Transportation to
Orange County of the sum of $13,350.
1
3
IT IS FURTHER RESOLVED by the Board of County Commissioners
of Orange County that the Chair of the Board and the Clerk to the
Board are authorized to execute documents as are necessary to
effectuate this transfer of Orange County property to the North
Carolina Department of Transportation.
Upon motion of Commissioner Gordon seconded by
Commissioner Halkiotis , the foregoing Resolution was adopted
this the 17th day of August , 1993
Ayes Chair Moses Carey. Jr. , anr9 Cnmmi q i nners Gordon i .lkioti s,
Insko and Willhoit
Noes NONE
I, Beverly Blythe, Clerk to the Board of Commissioners for
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on August 17, 1993 as relates in any way
to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. 27 of the minutes of said Board,
beginning at page and ending at page
WITNESS my hand and the seal of said County, this 24th day
of August , 19 93 .
AOC
Clerk to he-Boars o -Commissioners
2
-1� EXHIBIT I \�
4
NORTH CAROLINA
RESOLUTION
- ORANGE COUNTY
WHEREAS, the North Carolina Department of Transportation
(hereinafter N.C .D.O.T. ) has offered to purchase certain real
property owned by Orange County, North Carolina, which property
is located at or near the intersection of Interstate 85 and
Buckhorn Road (S .R. 1114 ) ; and
WHEREAS, N.C.D.O.T. intends to use the property acquired
from Orange County as part of its Interstate 85 widening project;
and
WHEREAS, N.C .D.O.T. , through its right-of-way agent, has
offered to pay Orange County $6, 645 for 'the approximately one-
fourth acre that N.C .D.O.T. intends to acquire for its 1-85
widening project; and
WHEREAS, the value of the property in question has been
certified, as required by law; and
WHEREAS, Article 40A of the North Carolina General Statutes
authorizes N.C.D. O.T. to acquire this property by eminent domain
in the event Orange County does not authorize its acquisition by
N.C.D .O .T.
IT IS THEREFORE RESOLVED by the Board of Commissioners of
Orange County, pursuant to North Carolina General Statutes §160A-
274, that Orange County convey by non-warranty deed or easement
as deemed appropriate by N.C.D . O.T. the property specifically
described on the SUMMARY STATEMENT/OFFER TO PURCHASE REAL.
PROPERTY DUE TO THE ACQUISITION OF RIGHT OF WAY AND DAMAGES , a
1
• 5 )
copy of which is attached to this resolution as Exhibit I, upon
the payment by the North Carolina Department of Transportation to
Oran.g.e. County of the sum of $6 , 645 .
IT IS FURTHER RESOLVED by the. Board of County Commissioners
of Orange County that the Chair of the Board and the Clerk to the
Board are authorized to execute documents as are necessary to --
effectuate .this transfer of Orange County property to N.C.D.O.T.
Upon motion of Commissioner Wi l ihoit , seconded by
-------Commissioner— -I nsko , the--foregoing--Reso-l-ution—wa-s adopted
this the 7th day of December , 19 92
Ayes Chair Moses Carey, Jr. , and Commissioners Alice M. Gordon , Verla C . Insko
and Don Willhoit
Noes NONE
I, Beverly Blythe, Clerk to the Board of Commissioners for
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on 12/7/92 as relates in any way
to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No . 27 of the minutes of said Board,
beginning at page and ending at page
WITNESS my hand and the seal of said County, this 7th day
of December , 19 92
A lii
C erk to t,'- Board o commissioners
}
2
� .
6 1
RETURN TO: C. D. Parker, NCDOT EXHIBIT II
331 West Main Street-Suite 100
Durham, NC 27701
NORTH CAROLINA I. D. NO, 1-304 E
Orange COUNTY STATE HIGHWAY PROJECT 8.T500309
TAX MAP NO. LOT F/A PROJECT I-IR-85-3(1401157
PARCEL 18
THIS FEE SIMPLE DEED, made and entered into this the day of 19
by and between Orange County
hereinafter referred to as the GRANTORS, and the Department of Transportation, an agency
of the State of North Carolina, hereinafter referred to as the DEPARTMENT:
W I T N E S S E T H:
That the GRANTORS, for themselves, their heirs, successors, and assigns, for and in
consideration of the sum of $ 13,350.00 agreed to be paid by the DEPARTMENT TO THE
GRANTORS, do hereby give, grant and convey unto the DEPARTMENT, its successors and
assigns, in FEE SIMPLE the right of way located in Cheeks Township, Orange County,
North Carolina, which is particularly described as follows:
BEGINNING at a common property corner between Ernest Brooks, now or formerly, and the i1
undersigned, said property corner being a southeastern property corner of Ernest Brooks,
now or formerly, and a northeastern property corner of the undersigned; thence,
southeasterly along the eastern property line of the/undersigned to the point of
intersection with the southeastern property corner of the undersigned; thence,
southwesterly along the southern property line of the undersigned to the point of
intersection with the western proposed right of way boundary of Buckhorn Road, said point
located on a line between the following two points: the first poin located 60 feet
southwesterly of and normal to Survey Station 32+25, Survey Line Y Revised Al and the
second point As located 65 feet southwesterly of and normal to Survey Station 30+50,
Survey Line Y Revised Al; thence, northerly in a straight line to a point located 65 feet
southwesterly of and normal to Survey Station 30+50,,5 r y Line Y6 Revised Al; thence,
northwesterly in a straight line to a point located� u heasterly of and normal to Survey
Station 26+50, Survey Line Service Road #1 Revised; thence, southwesterly in a straight
line to a point located 50 feet southeasterly of and normal to Survey Station 25+50,
Survey Line - Service Road #1 Revised; thence, southwesterly along a curve to the left,
all points being 50 feet southeasterly of and normal to Survey Line - Service Road #1
Revised to the point of intersection with the common property line of Helen Vaughn Heirs
and the undersigned, said point located 50 feet southeasterly of and normal to Survey Line
- Service Road #1 Revised; thence, northwesterly along the western property line of the
undersigned, crossing Survey Line - Service Road #1 Revised to the northwestern property
corner of the undersigned; thence, northeasterly along the northern property line of the
undersigned crossing Survey Line - Service Road #1 Revised to the point of BEGINNING.
The property hereinabove described was acquired by the GRANTORS by instrument(s) recorded
in the Orange County Registry in Deed Book 253, Page 1427
The final right of way plans showing the above-described right of way are to be
certified and recorded in the Office of the Register of Deeds for said County pursuant to
N.C.G.S. 136-19.4, reference to which plans is here-by made for purposes of further
description.
TO HAVE AND TO HOLD the aforesaid right of way and all privileges and appurtenances
thereunto belonging to the DEPARTMENT in FEE SIMPLE.
This deed is subject to the following provisions only:
It is understood and agreed that the undersigned hereby claims no interests in the
one story frame dwelling and two sheds that are located in the above describedright of
way area,
DRAWN BY: /� /�- /vyi_ CHECKED BY
R/W D-1
Page 1
December 1990
7
• Project 8.T500309
County Orange
Parcel 18
The GRANTORS by the execution of this instrument, acknowledge that the plans for the
aforesaid project as they affect their property have been fully explained to them or their
authorized representative.
And the GRANTORS covenant with the DEPARTMENT, that the GRANTORS are seized of the
premises in fee simple, have the right to convey the same in fee simple, that the title
thereto is marketable and free and clear of all encumbrances, and that the GRANTORS will
warrant and defend the title against the lawful claims of all persons whomsoever except
for the exceptions hereinafter stated. Title to the property hereinabove described is
hereby conveyed subject to the following exceptions: None
IN WITNESS WHEREOF, the GRANTORS have hereunto set their hands and seals (or if
corporate, has caused this instrument to be signed in its corporate name by its duly
authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors) the day and year first above written.
Orange County (SEAL)
(Corporate Name)
_(SEAL)
Chairman of Orange County Board of Commissioner (SEAL)
(SEAL)
Clerk
Accepted for the Department of Transportation
BY:
NORTH CAROLINA, COUNTY
I, , a Notary Public of County, North
Carolina, do hereby certify that personally came before me
this day and acknowledged that she/he is the Clerk of the Board of County Commissioners
of County, a body politic and corporate; that the seal affixed to the
foregoing instrument in writing is the corporate seal of said County and was affixed by
her/him; that the said instrument was signed in the name of
County by , Chairman of the Board of County Commissioners of
said County and attested by said , as Clerk of the said Board
and that the said instrument is the act and deed of County.
Witness my hand this the day of , 19
My commission expires:
Notary Public
The foregoing Certificate(s) of
• is/are certified to be correct. This instrument and this certificate are duly registered
on the day of , 19—, in Book , page at o'clock M.
REGISTER OF DEEDS FOR COUNTY
BY: Deputy/Assistant - Register of Deeds
R/W D-1
Page 2
December 1990
8
. ,
r r
I r
r 1
_ I J
I I
1 1
/ r
I r
f
r ! I
.9g ��Z' M '��'6b•ZI N
1ti,Z zT—i 3D 1 DO 11 1 rrl
1 1' tea ••
I
-4 .1 I ,. . 40. ic • . .
1 11 •' D • • •
I 1 co. •
1 1 I 0 •
tl r r I •
W
C'� D r r r '-` '-`• Z / o I • W co Cl
O ■ ^3 f-, I mac.' 1 C U1 0 01
o t in I O N N
I, n c 1l o ! 0.1 `° N W
b Ln ? r m 1I . 1 to Ln
b
1 I Il
I / I
1 / 1
1
1 1 I ;
I F J •
1 f '� p ,—
VI •1 I 1 CO Co O
1 I
rn r f co
N 1 / J
0 1 / rl n n (-)
i J
I
o ', r • I/ I a� 30 in�3S
o Irl 2 :�I,Z.S.01`S O�J NJONk3R9
I 1001 '98 I L ��
1 r o Z
r �� N 0
...:.............._._.___r________---.,
11 M/d,0:
G n0 0
I 1 Z 0 0 03
6111dS !� 1r1 m + + =
1
11 - 1 r0 co 0 O O Lo 0
! G NO • Z qp0 OZ 1
1 -0 + S 00 -J -0
00 O W # 11 0
LO ;U G
LA n
O D Z,
+ W
=
-,1 0 G
co 'Po
Z
W
N ',7 t
G
Z z
D n
N
vc
9
LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR.
A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL
DOUGLAS HARGRAVE
129 E.TRYON STREET
P.O.DRAWER 1529 KIM K.STEFFAN
HILLSBOROUGH,NORTH CAROLINA 27278 JANET B.DUTTON
(919)732-2196
FAX(919)732-7997
July 16 , 1993
Mr . Robert R. Phillips
Right-of-Way Agent
North Carolina Department of Transportation
331 West Main Street, Suite 100
Durham, North Carolina 27701
RE: DOT Parcel No. 18
I.D. No. I-304E; Orange County-owned Property at the
Intersection of I-85 and Buckhorn Road
Dear Bob:
This letter confii111s Orange County' s position and our
discussions at my office on Friday, July 16 , 1993 . By resolution
on December 7 , 1992 , the Orange County Board of Commissioners
agreed to sell to the North Carolina Department of Transportation
for the sum of $6 , 645 a portion of a lot that it owns which lot
is at the intersection of Interstate 85 and Buckhorn Road in
Orange County. The County's agreement to sell the land in
question to the North Carolina Department of Transportation was
based on an Offer to Purchase and a map which accompanied it
depicting the property in question. This agreement on the part
of the County to sell the property for the price offered was
based on the property being taken being what was represented in
the Offer to Purchase; specifically, 1/4 of an acre . Thereafter,
DOT surveyed the property in question in order to produce a
recordable deed for the property to be purchased from Orange
County by N. C . DOT. And, that survey revealed ( 1) that the DOT
project would take a considerably larger portion of Orange
County-owned property and, ( 2 )' that a house previously thought to
be located entirely on an adjoining parcel was in fact located in
part on Orange County's property. The survey reveals that, in
fact, . 68 acres of Orange County land is to be acquired rather
than . 25 acres .
The survey resulted in a new appraisal perfoimed by DOT.
The new appraisal states that the value of the taking is $8 ,200 ,
only $1,555 more than the previous offer notwithstanding the fact
that the property to be acquired by DOT is more than twice as
large . The new appraisal actually values the property to be
taken at $13 , 350 but reduces that amount for purposes of the
10
Mr. Robert R. Phillips
Page 2
July 16 , 1993
offer by $5, 150 because of "benefits " to the remaining parcel .
Orange County takes issue with the benefit reduction and contends
that adequate compensation for the property acquired by the North
Carolina Department of Transportation is $13 , 350 . Orange County
takes issue with the benefit reduction because the Orange County-
owned parcel remaining is in no different a position vis a vis
the service road that will be the northern boundary of the
remainder of the County-owned property as the result of what was
discovered by the new survey than it was as the result of the
earlier survey work and offer. Even though the new survey
reveals Orange County land extends into the service road
providing the remainder of the Orange County lot with access both
to Industrial Highway and Buckhorn Road, this is the state of
facts that existed at the time of the first offering. That is ,
the Orange County parcel identified with the first offering would
have been able to access Industrial Highway because DOT's
acquisition of property for the service road would have resulted
in the Orange County parcel abutting land acquired by DOT for the
service road with no intervening property owner between the
Orange County parcel and the service road ( Industrial Highway) .
In summary, the only differences between the state of facts
that exist now and at the time of DOT's original offering are the
fact that DOT is acquiring considerably more Orange County land
and the fact that a structure that was formerly in part located
on Orange County land has been removed by DOT. Orange County is
not inclined to quibble over compensation for the removed
structure . As I understand it, the adjoining property owner was
compensated for the full value of this structure. On the other
hand, Orange County thinks DOT's $8 , 200 offer for the taking of
its land is inadequate . It will accept, in full settlement of
this taking claim, the $13 , 350 value of your appraisal without
the discount attributed by the appraiser to the benefits to the
remainder .
Thank you for meeting with me to review this . Please advise
as soon as possible on Orange County's offer to resolve this .
Also, please provide me with a fully executed copy of the
Agreement for Entry which will enable DOT to begin its 1-85
construction project .
Very trul ours,
Geo krey E Gledhill
GEG/lsg /
xc : John M. Link, Jr.
Paul Thames
11 )
ORANGE COUNIY
BOARD OF COMMISSIONERS
•
ACTION AGENDA ITEM ABSTRACT
MeeLin Date:
Action Agenda
#
SUBJECT: 'Resolution to Dispose of
Countv-owned real property
DEPARTMENT: County l'Ianauer PUBLIC HEARING: yes X No
County Attorney
ATTACHMENT(S) : INFORMATION CONTACT:
NCDOT riuht-ol-way map County Enuineer, County Attorney
map
Resolution TELEPHONE NUMBERS
Hillsborough - 732-8.181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
•
PURPOSE To present to the Board of County Commissioners an offer from
the NC Department oil Transportation (DOT) to purchase a
Portion o:t a County-owed parcel of surplus real property for
use as required by roadway and right-of-way realignment.
BACKGROUND: Uranus County currently o‘,;ns a parcel of property which
lies adjacent to the west side of Euckhorn RoA. nurIn of
interstate and south of US 70. lII'' 10- 1:1 y
parcel whlch contains a total of 2. 1 acres , is loca.ted
approimatel:, hall -way between the interstale and LilS
Southern Railroad tracks. The property is currently
covered ho k;eeds, scrub brush and secondary growth trees
and is diauonaliv bisected (from nortia(est to seutneast
corners) by .. sir_ty fit ide pdwer line easement orange
County came into possession of this propert y 1q7Li by wal
a judgement against the idoperty owner for non-payment of
ad valorem property ta:,:es.
DOT is currently in the riuht-of-yav acquisition portion of
the rondwn eonslruction project which will widen the
section of 1-15 in the Cicinity of the Bucknorn Road
interchange, The inteichauge Itself will be totally
reconstructed as required to accommodate the widened
section ol the interstate. The intersection of Bucrhorn
Road and radustrial Drive, a road which runs parallel to
the northern side of' the interstate fn: Eucknoru Ruai to
Mebane-Oaks Road. must also be realiuned as required to
accommodate the Hew int:er:,“..aLe and intercnaru2.e aliunment
12
•
DOI mu1. 0. 2F, acres the Count■ "i-.: Bnekhorn Road
parcel , LiluNtl iLs Buckhorn Road yT,asteiri side and on the
nortiwest counei-4 to aecommodnte the proposed construction
and ib.z.hL-of-i,:ay lov the ue‘, iutersectiuu of industrial
Drive and Buckhorn Road. DOT is otiei iur Oranue COUNCV Lite
! S6b45 .140 fur the 0. .25 acres of pioperty it wishes to
acQuile,
Oranue County staff has inspected the hropertiv hi ouestion,
consideled its potential uses and revieed offeu to
purch,ise. Taki1Li4 into consideration the placement of the
powei line easement and lack of sewei service avaibilbilitx
at the property, staff can tind no re:3sonab1 e use for the
proper: ■. lie encumbered hv 0)55 of the propertv
under the DOT proposal . _ Staff considers the DOT offer oi
Sb645 H , he : d rite coliipensation 1 or the portion (A the
properly 001 ‘,..ishes to acquire.
RECOMMENDATION: The Manacler recommends that the Board asree to
transfer fee simple ot.mership of the portion of the
prupertv in LInestion Lo NCDOI at the offered price of
S6645.-