HomeMy WebLinkAboutAgenda - 06-20-2017 - 8-e - Easement Agreement with Duke Energy Related to the Orange County Animal Services CenterProperty 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 20, 2017
Action Agenda
Item No. 8-e
SUBJECT: Easement Agreement with Duke Energy Related to the Orange County Animal
Services Center Property
DEPARTMENT: Planning and Engineering
ATTACHMENT(S): INFORMATION CONTACT:
1. Easement Deed Craig Benedict, Planning Director,
2. Duke Energy Easement Plat (919) 245-2592
Allison Reinert, Staff Engineer,
(919) 245-2583
PURPOSE: To approve an easement agreement for the installation of overhead power lines
across the Orange County Animal Services Center property.
BACKGROUND: Duke Energy is requesting an easement for the installation and maintenance
of overhead power lines across the Orange County Animal Services Center property. Duke
Energy owns the parcel to the south of the Animal Services Center for a substation that is
presently under construction. The utilities are depicted on Attachment 2. The County Attorney
has reviewed and approved the attached Easement Deed (Attachment 1) and Easement Plat
(Attachment 2).
As a related matter, Orange County secured easements on the Animal Services Center property
as well as the Duke Energy parcel to accommodate one section of the Rogers Road Sewer
installation project.
FINANCIAL IMPACT: There is no financial impact related to the approval of this agreement.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary for
residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
RECOMMENDATION(S): The Manager recommends the Board approve the agreement for the
easement to Duke Energy for the installation and maintenance of the overhead power utilities
and authorize the Chair to sign on behalf of the board.
2
Attachment 1
PREPARED BY: Karol P. Mack,Associate General Counsel, Duke Energy Corporation
Mail To: Duke Energy Carolinas, LLC Site: 001249
Data&Document Management Land Unit: 1695239
550 S. Tryon St., DEC22A Project No: 001249-45867
Charlotte,NC 28202
STATE OF NORTH CAROLINA
EASEMENT
COUNTY OF ORANGE
THIS EASEMENT is granted this day of , 20 , by ORANGE COUNTY,
NORTH CAROLINA, having a mailing address of Post Office Box 818 Hillsboro, North Carolina 27278
("Grantor"), and DUKE ENERGY CAROLINAS, LLC, a North Carolina limited liability company, having a
mailing address of Data& Document Management, 550 S. Tryon St. DEC22A, Charlotte,North Carolina 28202
("DEC");
WITNESSETH:
That Grantor, in consideration of Ten Dollars ($10.00) and other valuable considerations paid by DEC,
the receipt and legal sufficiency of which is hereby acknowledged, does grant and convey unto DEC, its
successors and assigns, the perpetual easements and rights of way set forth herein, for the purposes and subject
to the terms and conditions set forth herein, over and across the land of Grantor (the "Premises") lying in the
State and County aforesaid and being more particularly described in the instrument recorded in Book 4247,
Page 413, Orange County Registry.
As used herein, the term "Right of Way Strip" shall mean those areas or parcels of land containing 0.46
± acres, all as shown on a plat of survey entitled "ROW Easement Exhibit Duke Energy Carolinas LLC," dated
May 8, 2017, marked Map: 001249-458267, said plat being attached hereto as Exhibit A and incorporated
herein by reference.
The easement and right of way herein granted by Grantor to DEC, its successors and assigns, over the
Premises is subject to the following terms and conditions:
(a) DEC's Use of Right of Way Strip. Grantor grants to DEC, its successors and assigns, a perpetual
easement to enter upon the Premises within the Right of Way Strip (as defined herein) to
construct, reconstruct, replace, rebuild, enlarge, modify, remove, inspect, repair, maintain,
operate, and use within the Right of Way Strip multiple lines for transporting electrical energy
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and for telecommunications and/or data uses of DEC, its successors and assigns, which lines may
consist of single or multiple rows of poles, towers, or other structures (at appropriate intervals
and without limitation as to number) and related footings and foundations; crossarms; insulators;
aboveground and/or underground conductors, static wires, grounds, cables, conduits, electronic
equipment, and other appurtenant apparatus, fixtures, hardware, and appliances; and guy wires
and anchors inside and/or outside the Right of Way Strip to support DEC's overhead facilities at
angle points. DEC shall have the right to: (i) clear and keep the Right of Way Strip free of all
trees and other vegetation (except as provided in subsection (b) below), structures, and other
objects of any nature including, without limitation, satellite signal receiver systems, billboards,
signs, buildings, manufactured homes, mobile homes and trailers, graves, wells, retaining walls,
racking, dumpsters, sheds, fire pits or barbecues, swimming pools and any associated decking,
septic systems or storage tanks and systems (whether aboveground or belowground), flammable
materials, building materials, wrecked or disabled vehicles or equipment, refuse of any type, and
all other objects (whether aboveground or belowground); and (ii) install and maintain roads
within the Right of Way Strip and install gates in any fences located within the Right of Way
Strip, to afford DEC access to the Right of Way Strip.
(b) Grantor's Reserved Use. Grantor shall be entitled to use the Right of Way Strip for all purposes
not inconsistent with the rights and easements herein granted to DEC, including the right to: (i)
cultivate and harvest annual seasonal crops (not including orchards or timber); (ii)pave, improve
and use the Right of Way Strip for vehicular parking, provided that such vehicles are operable
and readily moveable under their own power and further provided that Grantor installs protective
barriers satisfactory to DEC for the protection of DEC's facilities; (iii) use the Right of Way
Strip for recreation, provided no structures or objects (aboveground or belowground) are erected
or placed therein without the prior written approval of DEC (which DEC may withhold in its sole
discretion); (iv) use and maintain existing roads and drives and sewer, water, and other utility
lines within the Right of Way Strip at their existing locations as of the date of this instrument; (v)
construct, use, and maintain new paved or unpaved roads, streets, and driveways and new water,
sewer, drainage, and other utility lines or pipes crossing the Right of Way Strip, provided such
facilities conform to the following requirements: (A) such facilities cross the Right of Way Strip
from one side of the Right of Way Strip to the other side at an angle of not less than thirty (30)
degrees between the center line of said facilities and the center line of the Right of Way Strip,
(B) no road, street, or driveway shall intersect with any other road, street, or driveway, in whole
or in part, within the Right of Way Strip, (C) no portion of such facilities and their associated
easement area, if any, is located within twenty-five (25) feet of any of DEC's poles, towers,
structures, guy wires, or guy anchors, (D) such facilities are constructed in such a manner as to
withstand the weight of DEC's heavy equipment, and (E) such facilities are constructed in strict
compliance with all clearance requirements of DEC and all other regulations and ordinances then
applicable to electrical facilities; (vi) maintain existing fences, provided that DEC may add gates
to allow it access as set forth in subsection (a)(ii) above; (vii) build new fences on the Right of
Way Strip with the prior written approval of DEC (which DEC may withhold in its sole
discretion), provided any such new fences conform to the following requirements: (A) such
fences shall not be attached to DEC's poles, towers or structures, (B) such fences shall be
installed at least twenty-five (25) feet from DEC's poles, towers, structures, guy wires, and guy
anchors, (C) such fences shall not exceed 10 feet in height, (D) such fences shall cross the Right
of Way Strip from one side of the Right of Way Strip to the other side at an angle of not less than
Orange County 5.23.17 2
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30 degrees between the centerline of the fence and the center line of the Right of Way Strip, and
(E) if a fence crosses the Right of Way Strip or makes part of it inaccessible to DEC, Grantor
shall install a gate pursuant to DEC 's specifications to allow free access required by DEC's
vehicles and equipment; and (viii) excavate, grade, and fill, provided Grantor receives DEC's
prior written approval (which DEC may withhold in its sole discretion), which approval may
contain conditions including, without limitation, the allowable grade and distances from DEC's
facilities that cannot be excavated.
(c) DEC's Use of Premises Outside of the Right of Way Strip. Grantor further grants to DEC, its
successors and assigns, the right to enter upon the Premises outside of the Right of Way Strip for
the following purposes and uses:
(1) to cut, fell and remove any and all trees on the Premises that are or may become tall enough,
in DEC's opinion, to fall on or otherwise endanger a line or other facility or structure within
the Right of Way Strip ("Danger Trees").
(2) to gain access to the Right of Way Strip and Danger Trees at any time and from time to time
by vehicles, equipment, and pedestrians, provided that DEC's use of the Premises outside of
the Right of Way Strip shall be confined to then-existing streets, roads, and driveways to the
extent they provide sufficient access to the Right of Way Strip and/or Danger Trees by
vehicles, equipment, and pedestrians. If then-existing streets, roads, and driveways do not
provide sufficient access, then DEC shall be entitled to use a reasonably convenient and
feasible access route or routes over the Premises to access the Right of Way Strip and/or
Danger Trees and shall be entitled to construct and maintain a roadway or driveway for such
purposes.
(d) DEC's Repair Obligation. DEC shall repair damage to the Premises, including roads, driveways,
and fences, resulting directly from DEC's exercise of its rights granted herein. Provided,
however, for purposes of the initial clearing of all trees which DEC is entitled to cut and remove
from the Premises pursuant to Paragraphs (a) and (c) herein, said trees shall, upon such cutting,
become the property of DEC. Nothing in this Easement shall impose upon DEC any duty to
repair or warn of any condition or any type of injury or damage to the Premises existing prior to
the date of this Easement nor shall DEC have any duty to repair or warn of any condition or any
type of injury or damage upon the Premises caused by the Grantor, any third party, any Act of
God, or any natural process, including, without limitation, erosion or conditions caused by
vegetation.
The failure of DEC to exercise or continue to exercise any of the rights herein granted shall not be
construed as a waiver or abandonment of the right thereafter at any time or from time to time to exercise any
and all of such rights.
TO HAVE AND TO HOLD the aforesaid rights, privileges and easements unto DEC, its successors
and assigns forever.
And Grantor, for the Grantor and for the Grantor's successors and assigns, covenants to and with DEC,
its successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to
Orange County 5.23.17 3
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convey the said rights and easements, that the same is free and clear from any and all encumbrances, and that
Grantor will forever warrant and defend the title to the said rights and easements against the lawful claims of all
persons whomsoever.
IN WITNESS WHEREOF, this instrument is executed on the date first above written.
GRANTOR:
Orange County, North Carolina
By:
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, acknowledging to me that
he or she signed the foregoing document:
Date:
Notary Public
My Commission Expires:
Orange County 5.23.17 4
Attachment 2
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