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Home My WebLink AboutAgenda - 02-07-2017 - 6-e - Fairview Park Standard Access and Maintenance Easement with Duke Energy Carolinas 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 7, 2017 Action Agenda Item No. 6-e SUBJECT: Fairview Park Standard Access and Maintenance Easement with Duke Energy Carolinas DEPARTMENT: Asset Management Services, County Attorney, Environment, Agriculture, Parks & Recreation ATTACHMENT(S): INFORMATION CONTACT: 1) Site Illustrative with Photos Angel Barnes, 919-245-2628 2) Fairview Park Easement Marabeth Carr, 919-245-2516 PURPOSE: To consider: 1) approving a standard access and maintenance easement to Duke Energy Carolinas for the maintenance of parking area site lighting utilities to service the Orange County Fairview Park parking expansion; and 2) authorizing the Chair to sign the necessary paperwork upon final County Attorney review. BACKGROUND: The Board of Orange County Commissioners ("BOCC") appropriated funds within the FY2016-17 Capital Investment Plan for an additional NC Hwy 86 North/Churton Street entrance and increased parking capacity for Fairview Park consistent with the 2005 Board adopted master plan. The construction of the Fairview Parking lot expansion began in August, 2016 and achieved substantial completion in early January, 2017. This additional parking lot expansion features a new asphalt driveway and sixty (60) new asphalt parking spaces. The site plan and associated photographs are included in Attachment 1, "Site Illustrative with Photos". As part of the Fairview Park parking lot expansion, additional site lighting for the new driveway and parking areas are included in the design. These site lights match the existing fixtures installed with the initial construction of Fairview Park. Duke Energy Carolinas is requesting this standard access and maintenance Easement (see Attachment 2 — Fairview Park Easement) to properly service the site lighting utilities for Fairview Park. This Easement is a connected extension from the existing Easement with Duke Energy Carolinas from the Orange County Motor Pool facility located at 600 Hwy 86 North. 2 Once the standard access and maintenance Easement is granted, Duke Energy will complete the installation of the site lighting by the end of February, 2017. The dedication and ribbon cutting is tentatively scheduled for Saturday, March 25, 2017. FINANCIAL IMPACT: There is no financial impact for this standard access and maintenance Easement. SOCIAL JUSTICE IMPACT: The additional Site Parking Lot project and associated lighting meets the following Social Justice Goals: • GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. RECOMMENDATION(S): The Manager recommends that the Board: 1) approve a standard access and maintenance Easement to Duke Energy Carolinas for the maintenance of parking area site lighting utilities to service the Orange County Fairview Park parking expansion; and 2) authorize the Chair to sign the necessary paperwork upon final County Attorney review. Q UBP.FACG38389903(3)80T FUSES COU—PU-Cw piy4U,C. SeNb ltomintleral Rtiverac Co.d.ono a SUlS mwMVr"YOUr el.le of saw 3 SAFETYFirst usr.Paco3uaat33 oca U 1 Ma aerouo."e SxoU�ER uaP: Cc 1: a wu:YU+nGe olsrancnoxs 1.Attachment 1 �m"°° UBP: aEYENeEa:wort wm area condlibns may new cnaneetl ror inN)o01 Everyone N rasponalYeror wdbing ine elwve eaMy Irrformatlon N correct prior ro emy wort nalrg perform—,h day. <O G� A mnaeaxvaw rvx � SITE ORANGE COUNTY TRANSPORTATION AND NEW ENTRANCE TO CITY PARK PUlple Gar lndbatea general Area for E—anent S�EO NC HWY 86 I rm�,v�ixm°i�o 3soe`" i� 1"��zouaa w°iYro o°'New.im�w"°Nw m�awa wou°rexw°°°�n°X �me 7 DUKE ENERGY.s° 1 • Ct tr Or 4� .'�• �,�s r ��1,�,"tea' �/� � ' ��•� ; t _ 7 i ,,, � � ' 'b ' '', 1',�'� .."7► - Iii 1 1 a , - � 0'' New_ . -lam '�� ' � ,I li-�j: �'► _ __�� _ s•�S% It storm retention. North side of entrance from Public Works i Southeast fA parking Public west from Qa"�fi \ .� � �• -1C � 74.'t � �� ( ja llrl��. . � •j r Vii. � :r • �{• �•��`��LL '� � 1�'111 =f�� `li��+4�"Y�� `4,'��%��y4'i�ll� •t 'i� f ,'•' •d; �s ��f� i ,fir'• 'i '�Fi� t � •� •� ,�� •� lit: ,, IN Akipw i Fairview Park new entrance from Public Works Drive. 1Y+ �� } ,,,.. rte' �- i• -y .' i ,i - L",'h, 1 � r, - � ' - � - i 1 New entrance • Fairview New Parking Expansion with (60) spaces, view from the southeast corner of new lot. y 8 Attachment 2 EASEMENT Prepared By: T Craver Return To: Duke Energy Carolinas NORTH CAROLINA 2500 Fairfax Rd Greensboro, NC 27407 ORANGE COUNTY THIS EASEMENT ("Easement") is made this day of , 20 ("Effective Date"), from ORANGE COUNTY, NORTH CAROLINA, ("GRANTOR,"whether one or more), to Duke Energy Carolinas, LLC, a North Carolina limited liability company("DEC"); its successors, licensees, and assigns. WITNESSETH: THAT GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00), the receipt and sufficiency of which are hereby acknowledged, does hereby grant unto DEC, its successors, lessees, licensees, transferees, permittees, apportionees, and assigns, the perpetual right, privilege, and easement to go in and upon the land of GRANTOR situated in Hillsborough Township, described as follows: PINs 9865833029 and 9865735223, being "Recombined Tract "A"" and "Revised Recombined Area "D"" as shown on the plat entitled "Final Plat Recombination Survey Property Surveyed for Orange County", as recorded in Plat Book 108, Page 157, Orange County Registry, (the "Property"), LESS AND EXCEPT any prior out-conveyances, and to construct, reconstruct, operate, patrol, maintain, inspect, repair, replace, relocate, add to, modify and remove electric and/or communication facilities thereon including but not limited to, supporting structures such as poles, cables, wires, guy wires, anchors, underground conduits, enclosures/transformers, vaults and manholes, and other appurtenant apparatus and equipment (the "Facilities")within an easement area being thirty (30) feet wide for the overhead portion of said facilities and twenty (20) feet wide for the underground portion of said facilities together with an area ten (10) feet wide on all sides of the foundation of any DEC enclosure/transformer, vault or manhole (the "Easement Area"), for the purpose of transmitting and distributing electrical energy and for communication purposes of DEC and Incumbent Local Exchange Carriers. The centerline of the Facilities shall be the center line of the Easement Area. The right, privilege and easement shall include the following rights granted to DEC: (a) ingress and egress over the Easement Area and over adjoining portions of the Property (using lanes, driveways and paved areas where practical as determined by DEC); (b)to relocate the Facilities and Easement Area on the Property to conform to any future highway or street relocation, widening or improvement; (c) to trim and keep clear from the Easement Area, now or at any time in the future, trees, limbs, undergrowth, structures or other obstructions, and to trim or clear dead, diseased, weak or leaning trees or limbs outside of the Easement Area which, in the opinion of DEC, might interfere with or fall upon the Facilities; (d) to install guy wires and anchors extending beyond the limits of the Easement Area; and (e) all other rights and privileges reasonably necessary or convenient for DEC's safe, reliable and efficient installation, operation, and maintenance of the Facilities and for the enjoyment and use of the Easement Area for the purposes described herein. 9 TO HAVE AND TO HOLD said rights, privilege, and easement unto DEC, its successors, licensees, and assigns, forever, and GRANTOR, for itself, its heirs, executors, administrators, successors, and assigns, covenants to and with DEC that GRANTOR is the lawful owner of the Property and the Easement Area in fee and has the right to convey said rights and Easement. IN WITNESS WHEREOF, this EASEMENT has been executed by GRANTOR and is effective as of the Effective Date herein. ORANGE COUNTY By: , Chairman, Board of Commissioners ATTEST: Clerk (Affix Official Seal) NORTH CAROLINA, COUNTY I, , a Notary Public of County, North Carolina, certify that personally appeared before me this day and acknowledged that he(she) is Clerk of ORANGE COUNTY, and that by authority duly given and as the act of said COUNTY, the foregoing EASEMENT was signed in its name by its Chairman, sealed with its official seal, and attested by self as its Clerk. Witness my hand and notarial seal, this day of , 20 Notary Public My commission expires: