HomeMy WebLinkAboutAgenda - 02-09-2006-5gORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 9, 2006
Action Agenda
Item No. _ ~~
SUBJECT: Town of Hillsborough Request for Cates Creek Outfall Sewer Easement Across
County Property
DEPARTMENT: County Manager
Purchasing/Central Services
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Town of Hillsborough Letter Requesting
Easement
Survey Map of Overall Cates Creek
Ouffall Sewer Easement Area
Aerial Photo of County-awned Builder's
First
Draft Deed of Easement
INFORMATION CONTACT:
Paul Thames, 919-245-2303
Pam Janes, 245-2650
PURPOSE: To consider a Town of Hillsborough request that the County grant a sewer
easement across County-owned property for the purpose of installing a gravity sewer main that
will be the primary means of extending sewer service to the Waterstone development,.
BACKGROUND: Orange County currently owns a property at the western end of Valley Forge
Road in southern Hillsborough. The property purchase and the construction of building(s) on
the property was originally funded by aCounty-sponsored Industrial Bond. A condition of the
bond was that the County would receive ownership of the property and facilities after a period of
twenty years. The County took over ownership of the property several years ago and since has
leased the facility. Currently the facility is leased by Builder's First Source, a wholesale dealer
of building materials (lumber, millwork, etc.).
Currently, Town of Hillsborough sewer utilities (extended to serve the Wildwood and Heritage
Hills subdivision) are located along the east side of the property and under I-85 (the southern
boundary of the property), The Town now proposes to extend a sewer line across the southern
end of the County property to a point under the Norfolk-Southern Railroad lines (western
boundary of the County property), then south along the railroad under I-85 and ultimately to the
Waterstone development..
There is some urgency for the construction of this sewer extension to get underway. This
extension will provide for sewer service to the Durham Tech campus in Waterstone, service that
is scheduled to be in place by August 2006. Construction on the sewer extension is scheduled
to commence in March 2006, As of this date, Town engineering staff have indicated that all but
a few of the thirty (approximate) necessary easements are in hand. Furthermore, at the next
meeting of the Hillsborough Town Board, staff will be asking the Board to pass a resolution
initiating condemnation process for those properties/owners that have not yet yielded the
necessary easements.
The proposed constn~ction across the County property will fall within the existing asphalt paved
parking and access drives behind the main building, County staff have met with Hillsborough's
contract real estate agent and Builder's First Source management to insure that stipulations will
be integrated in the easement agreement that will protect the County's interest in preserving
and repairing any existing infrastructure (primarily pavements) as well as minimizing disn~ption
to the tenant's operation, Site safety and liability concerns will also be addressed.
Funding for purchase of easements and other project costs comes in part from a fund of
approximately $300,000 set aside by the Town for use in acquiring sewer design services,
easement acquisition and sewer construction for the Waterstone project. Project funding
requirements in excess of the Town contribution will be met by the developer, Estimated total
projects costs are projected to significantly exceed the Town contribution. Accordingly, it can be
assumed that the proposed $4,000 payment to the County for its easement would ultimately be
contributed by the Waterstone developer.
FINANCIAL IMPACT: The potential impact is a proposed payment of $4,000 to the County,
RECOMMENDATION(S): The Manager, in recognition that the timely extension of sewer
service to Waterstone and the Durham Tech campus does serve a public purpose and is
otherwise in the interest of the County, recommends that the Board:
approve granting the easement in principal; and
direct staff to work with the Town to develop easement agreement language that protects
the County's interests in preserving and/or repairing existing infrastructure and minimize
disruptions to the operation of the County's tenant; and
authorize the Chair to execute the easement when it has adequately addressed the
County's interests.
'T'own .
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ibis ~~~~~h
Orange County
C/o Pam .Tones
Cates Creek Outfall
Parcel "Z"
Cates Creek Sewer Outfall
Date:.January 6, 2006
Deaz Ms. Tones;
The Town of Hillsborough hereby agrees to pay the Orange County, the total amount of Four
Thousand Four Hundred dollars and 00 cents, ($4,400.00), for the necessary easement for the
conshuction of Cates Creek Sewer Oulf'all as shown on the Cates Creek Sewer Easement
Acquisition plat, recorded in Plat Book 98, Page 174 containing 11,722 squaze feet of permanent
easement and 4,170 sq. feet of temporary construction easement.. This compensation is based on
the enclosed appraisal by Richard C. Kirkland, MAh
Included in the easement is the right of ingress and egress for' construction purposes.. As the
property is leased, the Town further agrees to reasonably work with you and your tenant in the
issues of ingress and egress and will agree to only work during daylight working hours on your
parcel.
I will be happy to meet you onsite with you, your staff, and/or your tenant along with the .John R.
McAdams Engineering personnel to discuss any specific concerns that I'm sure will need to be
discussed regarding security and access.
Please call me upon your receipt of this package. As time is of the essence, the Town would like
to request a "Right of Entry" letter to begin construction by Mazch 1, 2006 if' County
Commissioner approval cannot be obtained in this short time frame. The timeline of this project is
linked directly with the contracts for the Community College in the Waterstone Development.
Thank you for your time and attention
David M. Gourley
David M. Gourley Real Estate
Town of Hillsborough Right of Way Consultant
5408 Levering Mill Rd.
Apex, NC 27539
(919)616-6162
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Return to:
Town of Hillsborough
PO Box 429
Hillsborough, NC 27278
GRANGE COUNTY
NORTH CAROLINA
DEED OF EASEMENT
(WATER/SEWER LINE EASEMENT)
THIS DEED OF EASEMENT, made this day of January, 2006, by and between
Orange County, 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 property located in Hillsborough
Township, being more specifically described in Book 3045 , at Page _115 ,Orange County Court
House (the "Property");
THAT WHEREAS, the Town of Hillsborough proposes to construct or otherwise improve its
water and/or sewer system along or neaz Cates Creek;
NOW, THEREFORE, in consideration of the sum of One and No/100 ($1 AO) Dollar, and other
_ good and valuable consideration paid to CJrantor, the receipt and sufficiency of which is hereby fully
acknowledged, grantor does hereby give, grant, quitclaim, and convey unto the Town of Hillsborough,
its successors and assigns, the right and privilege and perpetual easement over, upon and through the
property to construct, install, maintain, repair, modify or remove one or more underground water
and/or sewer lines, all as more specifically described and located on a copy of a plat, which plat is
recorded in Book 98 Page 174_, Orange County Registry; together the perpetual right and
easement to go upon the Property whenever the same is reasonably necessary for file purposes of
constructing, inspecting, and maintaining said lines and making all necessary alterations and repairs
thereto along with a temporary construction easement as shown on the above referenced plat, The
Town of Hillsborough shall remove all surplus earth, shall make level the surface of the ground above
said lines and appazatus, 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 of 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
necessazy 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 eazth as shall be necessary, for proper operation of the
system, and shall be established at the proper grade for mm~ing said lines and for conveying sewage
and /or water as aforesaid, and said manholes, if any, shall be at such point below or above the surface
of the eazth as 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 bormdary ofright-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 and/or water lines or permit connections to its sewer and/or water systems. It is further
understood and agreed that failure of the Town of Hillsborough to construct improvements within the
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said easement and/or to clear or keep cleazed the land shall not impair in any way the rights, priv~ es
and easements conveyed hereunder.
Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the
right to convey the rights, privileges and easements which are granted herein, that title is free and cleaz
of all liens and encumbrances which may affect the said rights, privileges and easements conveyed
herein, and Grantor will wazrant and defend the title to said easements against the claims of all persons
or parties whomsoever.
IN TESTIMONY WI-IEREOF, Grantor has hereunto set lus hand and seal the year and day first
above written,
Orange County, North Carolina
By:
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