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HomeMy WebLinkAboutAgenda 03-21-2017 - 8-d - Request for Road Addition to the State Maintained Secondary Road System (Eubanks Road – SR 1727, Partial), and Secondary Road Abandonment (Eubanks Road, SR 1727, Partial) 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 2017 Action Agenda Item No. 8-d SUBJECT: Request for Road Addition to the State Maintained Secondary Road System (Eubanks Road — SR 1727, Partial), and Secondary Road Abandonment of Maintenance (Eubanks Road, SR 1727, Partial) DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Vicinity Maps Abigaile Pittman, 919-245-2567 Addition Tom Altieri, 919-245-2575 2. Eubanks Road Addition — SR 1727 Craig Benedict, 919-245-2585 NCDOT Petition Information for Road Addition (Partial) 3. Deeds for New Eubanks Road Right- of-Way 4. Project Plan for Eubanks Road Addition — SR 1727 (Partial) Abandonment 5. Eubanks Road — SR 1727 NCDOT Petition Information for Abandonment (Partial) 6. Project Plan for Eubanks Road Abandonment— SR 1727 (Partial) 7. Resolution Requesting Abandonment of Eubanks Road — SR 1727 (Partial) PURPOSE: To make a recommendation to the North Carolina Department of Transportation (NCDOT), and the North Carolina Board of Transportation (NC BOT) on a petition to add Eubanks Road — SR 1727 (partial); and to abandon maintenance of Eubanks Road — SR 1727 (partial). BACKGROUND: Under North Carolina Department of Transportation (NCDOT) Project 7C.068087, a portion of Eubanks Road between Old NC 86 and Dromoland Road was realigned to provide for improved intersection sight distance (Attachment 1). The project was included as a secondary paved road improvement in the 2008-2009 Orange County Secondary Road Construction Program which was previously presented to and adopted by the Board of County Commissioners (BOCC) on May 20, 2008. The chosen realignment was a result of a 2012 planning and design process including the NCDOT, Carrboro and Orange County Staff, and involved property owners. The project has been completed and the current petition by NCDOT 2 is necessary to formally abandon maintenance of the old road alignment and add the realigned portion to the State Maintained Secondary Road System. Request for Eubanks Road (Partial) Addition NCDOT initiated the request for addition and has submitted a petition to the BOCC for its recommendation (Attachment 2). The related right-of-way for the realignment was acquired in August and September 2013 from two different property owners (Attachment 3). The road has been built to a public road standard. The right-of-way for the portion of Eubanks Road to be added to the State System is depicted on the attached project plan (Attachment 4). The petitioned portion of Eubanks Road and its respective length and width is as follows: Road Name Lengthin Miles No. of Houses Pavement/Right-of- with Frontage way Widths in Feet Eubanks Road 0.13 0 20-30/60 The road is located in Chapel Hill Township, within the Carrboro Transition Area, as defined by the Joint Planning Agreement (JPA) and the Land Use Plan. In accordance with North Carolina General Statute §136-62, the BOCC is required to make a recommendation regarding petitions for addition of roads to the North Carolina Board of Transportation (NCBOT) before NCDOT can consider the petition. Per statute, no public hearing is required by the BOCC. Request for Eubanks Road (Partial) Abandonment NCDOT initiated the request for abandonment of maintenance and has submitted a petition to the BOCC for its recommendation (Attachment 5). The right-of-way for the portion of Eubanks Road to be abandoned and removed from the State System is depicted on the attached project plan (Attachment 6). The pavement has already been removed by NCDOT. The petitioned portion of Eubanks Road to be abandoned, and its respective length and width is as follows: Road Name Lengthin Miles No. of Houses Pavement/Right-of- with Frontage way Widths in Feet Eubanks Road 0.12 0 24/60 In accordance with North Carolina General Statute §136-63, the BOCC is required to make a recommendation regarding petitions for abandonment of road maintenance to the North Carolina Board of Transportation (NCBOT) before NCDOT can consider the petition. Per statute, a public hearing is required in cases of road closings but not realignment. Eubanks Road remains open. Planning Staff will return of the BOCC at a subsequent meeting to initiate a process to close the right-of-way and accommodate any remaining utilities within an easement prior to the transfer of the closed right-of-way to adjoining property owners in accordance with North Carolina General Statute §153A-241. FINANCIAL IMPACT: There is no direct financial impact to the County associated with this abandonment request item other than staff time. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is associated with this item: 3 GOAL: CREATE A SAFE COMMUNITY The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang activity, substance abuse and domestic violence. The addition of the road (partial) to the State Maintained Secondary Road System, and abandonment of maintenance of a portion of the road is in the public interest and results in positive outcomes related to the aforementioned goal. RECOMMENDATION(S): The Manager recommends that the Board: 1) Forward the Petition for Addition to the State Maintained System to the North Carolina Department of Transportation for Eubanks Road — SR 1727 (partial); 2) Recommend the NCDOT accept the road (partial) for maintenance as State Secondary Roads; and 3) Adopt the Resolution requesting that the NCDOT execute abandonment of maintenance of SR1727 — Eubanks Road (Partial) (Attachment 7). Attachment 1 4 Eubanks Road Vicinity Map C1 F REEDUM TR N W 111111111 1 1_-1____ / \ ,ist _ T COILOTTELN L 4 Pl1RPLE D k� WI I ` • fog I 'WQODg WOOD p ■ 1. ', • k.A AI ■fT_ p' V ii D4 Ivireill �� ' J∎' MAL RIp 0Fo P II See Eubanks Road Proposed S Y 15 i 4144k1.-G %Iiir ? .d Addition & Abandonment Map"-'a 4 1e BRfTT'_UR' ie III ODE RID_CaE DR ; l iP LE EH S lix ' RD ESE/:' .... r HOGAH HILLS RD �T_LN� 'PI �� vR0 it , O G MEADOWS 'a ( 11,-,404 Proposed Road Abandonment 11,-,404 Lo lit ,,,i. iimit _ Proposed Road Rd Addition 0, FIE1"., r' i f 1 in=1,700 feet City Limits 0 500 MCE Feet i m. 1 ETJ LAKe MANO Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson.2/17/2017 n _ Eubanks Road Proposed Road Addition & Abandonment OLD SPRING RD KAREN W000s, Add 0.13 miles <4,cy <N o Z EkVe'i S RD ` J ) / 7/ f 7 Abandon 0.12 miles i o re d z a J % 0 O 4:0: / / °° Sgez,H Ro •" * r \ ■ Proposed Road Abandonment ■ Proposed Road Addition N 1 in=400 feet City Limits . , 0 20L et kj Feet ETJ Orange County Planning and Inspections L } Brian Carson(2/17/2017) Attachment 2 6 PAT McCRORY Governor NICHOLAS J. TENNYSON Secretary Transportation January 3, 2017 ORANGE COUNTY Ms. Bonnie Hammersley County Manager Orange County P.O. Box 8181 Hillsborough,North Carolina 27278 SUBJECT: Request for Road Addition Eubanks Road Realignment of SR 1727 Dear Ms. Hammersley, Please find attached Form SR-4 Secondary Road Addition Investigation Report, Form SR-1 Petition for Road Addition,recorded plat, and a location map for the above subject. This action is necessary due to a recent road realignment performed as part of the previously approved 2008- 2009 secondary road construction program. This is being forwarded to you for consideration by your Board of Commissioners. Sincerely, C.N. Edwards, Jr.,P.E. District Engineer Attachments /tcs Nothing Compares_. State of North Carolina I Department of Transportation I Division of Highways,District 1 Office 115 E.Crescent Square Drive,Graham,NC 272531 P.O.Box 766,Graham,NC 27253-0766 336-570-6833 7 North Carolina Department of Transportation Division of Highways Petition for Road Addition r ROADWAY INFORMATION: (Please Print/Type) ) County: Orange Road Name: Eubanks Road (Realignment of SR 1727) (Please list additional street names and lengths on the back of this form.) Subdivision Name: N/A Length (miles): 0.13 Number of occupied homes having street frontage: 0 Located (miles): 0 miles N [ S fl E n W — of the intersection of Route 1727 and Route 1859 . (Check one) (SR,NC,US) (SR,NC,US) We, the undersigned, being property owners and/or developers of N/A in Orange County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Petitioner.(Please Print/Type) Name: C.N. Edwards, Jr., PE, District Engineer Phone Number: (336)570-6833 Street Address: Mailing Address: P.O. Box 115, Graham,NC 27253 PROPERTY OWNERS Name Mailing Address Telephone N/A Form SR-1 (3/2006; Rev 1/2010) 8 INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)). 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer's signature. 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition. However, construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate block ® Rural Road ❑ Subdivision platted prior to October 1, 1975 ❑ Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right-of-way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right-of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right-or-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way at intersections for sight distance and design purposes and execute said right-of-way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136-102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. ROAD NAME HOMES LENGTH ROAD NAME HOMES LENGTH Form SR-1 (3/2006; Rev 1/2010) 9 North Carolina Department of Transportation Division of Highways Secondary Road Addition Investigation Report County: Orange Co. File No: Date: 11/19/2016 Township: Chapel Hill Div. File No: Div. No: Local Eubanks Road(Realignment of SR N/A Name: 1727) Subdivision Name: 0.13mile 20'-30' Surface SF 9.5A Good Length: Width: Type: PVMT Condition: Surface 3" B25.0B Base 4.5" Thickness Base Type Thickness *Retaining *Bridges Yes No x * Pipe > 48" Yes No x Right of way Yes No x * If Yes -Include Bridge Maintenance Investigation Report Is this a subdivision street subject to the construction requirements for such streets? No Recording Date: 08/30/2013 Book: RB5683 Page: 162 09/11/2013 RB5689 409 Number of homes having entrances into road: 0 Other uses having entrances into road: Rural Collector Road Est. ADT 4000 If right-of-way is below the desired width, give reasons Right-of-Way Width: 60' under"Remarks and Recommendations." Is petition (SR-1) attached? Yes Is the County Commissioners Approval (SR-2) attached? Yes If not, why not? Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost: $ 0 Grade, drain, stabilize: $ 0 Drainage: $ 0 Other: $ 0 Remarks and Recommendations: Road realigned by secondary road construction project 7C.068087 Submitted by: C. N. Edwards Jr. Reviewed and Approved: DISTRICT ENGINEER DIVISION ENGINEER Reviewed and Approved BOARD OF TRANSPORTATION MEMBER: Do not write in this space- For Use by Secondary Roads Unit Petition# Form SR-4 (11/05/07) 0 ,d N d In � .- ca .. \ .fl Ww�' 11 0 WI 0 w u. / ,., \J W L oco :2 W •N N E 0 E u E L' (V (0 O vl M M w ++CU 0 CD 0 0 o 00 TI \ __dididiK C 86 81 • o 1-1 rn N N 0 g0. w N M .. C N O O _ 1-1 r-i NI CO VD I Ti I i 11 Ho firm 44)0 10' I Transportation OF 0 DEPARTMENT OF TRANSPORTATION INTEROFFICE MEMO RIGHT OF WAY BRANCH P. 0.BOX 14996 GREENSBORO, N.C. 27415-4996 Phone: 336-334-3515 Fax: 336-334-5331 December 28,2016 MEMO TO: Chuck Edwards MEMO FROM: Alan Rothrock COUNTY: Orange Addition and Abandonement to the System SUBJECT: SR-1727 Eubanks Rd. I have examined the information regarding the addition and abandonement due to the realignment of SR-1727, Eubanks Rd. It appears a necessary R/W has been acquired for the alignment and the abandonement has been accomplished. Right of Way is per plans for State Project 7C.068087. If any additional information is needed, please contact me at the number above. 1 of 1 12 Attachment 3 )(2. l" BkiR856831Pe 1 2 08/30/2013 10,2227 PM 1/4 FE1 O Ooborab 3. Oroaks Resistor of Deeds, Ortnse Co,kC� Recordln K.e: 3S28.05 NO Roal 5stata T%, $130.00 Revenue Stamps$ 130.00 DEED FOR HIGHWAY RIGHT OF WAY THIS INSTRUMENT DRAWN BY Alan Rothrock CHECKED BY The hereinafter described property d Does it Does not include the primary residence of the Grantor, RETURN TO: Division Right of Way Agent-NCDOT P.O.Box 14986 Greensboro, NC 27416 NORTH CAROLINA TIP No,: 0886R1727 COUNTY OF Orange WBS ELEMENT: '7C,C1Aseen TAX MAP AND LOT 9860867233,9880879191, TIPiPARCEL NUMBER: 088SR1727001 9860970566,9860975382,9860979520 ROUTE: Old Hwy 86 and Eubanks THIS FEE SIMPLE DEED,made and entered Into this the 131'' day of May , 2013 by and between • Parker Louis,LLC 180 Providence Rd. Suite 1-13 Chapol Hill,NC 27514 hereinafter referred to as GRANTORS,and the Department of Transportation,an agency of the State of North Carolina,1546 Mail Service Center,Raleigh,NC 27611,hereinafter referred to as the Department; WITNESSETH That the GRANTORS,for themselves,their heirs,successors,and assigns,for and In consideration of the sum of $ 64,660.00 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 that certain property located in Chapel Hill Township, - Orange County,North Carolina,which Is particularly described as follows: Tract Point of beginning being N 70458'17.9"W,71,320 feet from-L-Ste.7+00;thence along a curve 124.810 feet and having a radius of 400.000 feet. The chord of said curve being on a bearing of N 66666'35.1"W,a distance of 124.304 feet;thence to a point en a bearing of N 48400'15,3"W,333.344 feet;thence along a curve 143,666 feet and having a radius of 300.000 feet, The chord of said curve being on a bearing of N 61443'24,2"W,a distance of 142.297 feel;thence to a point on a bearing of N 7542&'33.0"W,5.353 feet;thence to a point on a bearing of S 14'30'47,7"W,268.795 feet;thence to a point on a bearing of S 50400'11.6"E,13.457 feet;thence to a point on a bearing of N 22A06'4.3"E,92.289 feet;thence to a point on a bearing of N 14436'26.5"E,61.749 feet;thence to a point on a bearing of N 84402'54.6"E,99.272 feet;thence along a curve 33,346 feet and having a radius of 270.000 feet, The chord of said curve being on a bearing of S 61632'32.2"E,a distance of 33.324 feet;thence toe point on a bearing of S 48600'15.3"E,333.344 feet;thence along a curve 61.821 feet and having a radius of 430.000 feet, The chord of said curve being on a bearing of S 52407'22.8"E,a distance of 61.768 feet;thence to a point on a bearing of S 84607'36.5"E,26,472 feet;thence to a point on a bearing of S 84607'35,5"E,8.932 feet;thence to a point on a bearing of S 84622'34,7"E,41.476 feet;returning to the point and place of beginning. Having an area of 26234.706 Sqr feet being 0,579 acres. Tract II Point of beginning being N 28440'17.5"W,20.286 feet from-L-Sta.7+00;thence to a point on a bearing of S 86645'57.7"E,48.092 feet;thence to a point on a bearing of S 89437`54,9"E,16.767 feet;thence to a point on a bearing of S 89438'2,2"E,31.966 feet;thence to a point on a bearing of N 86410'5.6"E,28.987 feet;thence to a point on a bearing of N 09619'12.6'E,1.908 feet;thence along a curve 60.219 feet and having a radius of 370,000 feet. The chord of said curve being on a bearing of N 68634'3.1"W,a distance of 60.153 feet;thence along a curve 180.453 feet and having a radius of 370.000 feet. The chord of said curve being on a bearing of N 69655'58.9"W,a distance of 178.670 feet;thence along a curve 51.383 feet and having a radius of 370.000 feet, The chord of said curve being on a bearing of N 51 A68'67,6"W,a distance of 61.342 feet;thence to a point on a bearing of N 48600'15,3"W,35.770 feet;thence to a point on a bearing of N 48400'16.3"W,297.674 feet;thence along a curve FRtv17-A Page l of 3 13 COUNTY Orange WBS ELEMENT: 7C.oGl br,7 TIP/PARCEL NO. 0888R1727001 74,716 feet end having a radius of 330.000 feet. The chord of said curve being on a bearing of N 54"29'25.8"W,a distance of 74,567 feet;thence to a point on a bearing of N 25427'63.6"W,123.422 feet;thence to a point on a bearing of N 14415'45,9"6,51.289 feet;thence to a point on a bearing of N 81 407'45.1"W,9.040 feet;thence to a point on a bearing of S 14^15'45.9"W,163.963 feet;thence to a point on a bearing of S 14439'47.7"W,0.485 feet; thence to a point on a bearing of S 76 426'33.0"E,6,353 feet;thence along a curve 143.666 feet and having a radius of 300,000 feet, The chord of said curve being on a bearing of S 61 443'24,2"6,a distance of 142.297 feet;thence to a point on a bearing of S 48 400'16,3"6,333.344 feet;thence along a curve 124.810 feet and having a radius of 400.000 feet. The chord of said curve being on a bearing of S56456'35,1"E,a distance of 124.304 feel;thence to a point on a bearing of S 84422'34,7"E,7,981 feel;thence to a point on a bearing of S 85404'20.4"E,60.561 feet; returning to the point and place of beginning. Having an area of 24880.623 Sqr feet being 0.567 acres IN ADDITION,and for the aforestated consideration,the GRANTORS further hereby convey to the DEPARTMENT,its successors and assigns the following described areas and Interests: It is understood and agreed that the undersigned hereby grants the DEPARTMENT a temporary construction easement area described as follows: Point of beginning being N 70 412`2.2"6,60.304 feet from•L-Sta.7+00;thence along a curve 60,218 feet and having a radius of 370.000 feet, The chord of said curve being on a bearing of S 88434'3.1'6,a distance of 60.153 feet; thence toe point on a bearing of N 11424'52.8"E,10.346 feet;thence along a curve 60.222 feet and having a radius of 360.000 feet, The chord of said curve being on a bearing of N 88451'14.8"W,a distance of 60.151 feet;thane() along a curve 181,701 feet and having a radius of 350.000 feet. The chord of said curve being on a bearing of N 69 436'9.1"W,a distance of 179.778 feet;thence along a curve 44.855 feet and having a radius of 360,000 feet. The chord of said curve being on a bearing of N 51"34'25,5'W,a distance of 44,826 feet;thence to a point on a bearing of N 48 400'15.3"W,35.770 feet;thence to a point on a bearing of 5 41459'44.7'W,10,000 feet;thence to a point on a bearing of S 48400'15.3"6,35.770 feet;thence along a curve 51.383 feet and having a radius of 370.000 feel. The chord of said curve being on a bearing of S 61"58'67.6"E,a distance of 51.342 feet;thence along a curve 180.453 feet and having a radius of 370.000 feet. The chord of said curve being on a bearing of S 69455'58.9"E,a distance of 178.670 feet;returning to the point and place of beginning, Having an area of 3251.870 Sqr feet being 0.075 acres. This construction easement shall expire upon completion and acceptance of the aforementioned project. SPECIAL PROVISIONS. This deed Is subject to the following provisions only: The undersigned property owners,recognizing that the DEPARTMENT has the right to make adjustments to the road within the existing right of way and further understanding that such adjustments might disrupt our driveway, request that the DEPARTMENT enter upon our lends outside of the right of way to the extent as is necessary to reconnect our driveway,and we wilt have no claim as a result of the reconstruction of said driveway The property herelnabove described was acquired by the GRANTORS by instrument(s)recorded in the Orange County Registry in Deed Book 4196/419614383 Page 413/4251303 The final right of way plans showing the above described right of way are to be placed on permanent file In the Division 7 Right of Way Office,reference to which plans is hereby made for purposes of further description and for greater certainty, The Grantors acknowledge that the project plans for Project# 70,068087 have been made available to them.The Grantors further acknowledge that the consideration stated herein is full and just compensation pursuant to Article 9,Chapter 136 of the North Carolina General Statutes for the acquisition of the said Interests and areas by the Department of Transportation and for any and ail damages to the value of their remaining property;for any and all claims for interest and costs;for any and all damages caused by the acquisition for the construction of Department of Transportation Project# 70.008087 , _ Orange , County; and for the past and future use of said areas by the Department of Transportation,Its successors and assigns for all purposes for which the said Department is authorized by law to subject the same. TO HAVE AND TO HOLD the aforesaid premises and all privileges and appurtenances thereunto belonging to the DEPARTMENT,its successors and assigns in PEE SIMPLE,or by easement as indicated,for the past, present and future use thereof and for all purposes which the said Department Is authorized by law to subject the same. 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,or by easement as Indicated,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 ail persons whomsoever except for the exceptions hereinafter slated, Title to the property herelnabove described is hereby conveyed subject to the following exceptions: None I[Ill 41 IL 1 111111 i111 ressea tsa 2/4 FRM7-A Page 2 of 3 1 14 COUNTY Orange WBS ELEMENT: 74.4.4807 TIP/PARCEL N0. 068SR1727001 IN WITNESS WHEREOF,the GRANTORS have hereunto set their hands and seals(or it corporate,has caused the 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. (SEAL) (SEAL) I (SEAL) . (SEAL) (SEAL) (SEAL) I Parker Louis, LLC (Corporate Name) BY• R; ....111111L A..m Zinn 'anaging Mem.= • , / . ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY: T\eyia--.00 �. 1 STATE OF North Carolina COUNTY OF r Orange 1, Alan Rothrock a Notary Public for Guilford County and State,so hereby certify that , GRANTOR,personally appeared before me this day and acknowledged the ' execution of the foregoing Instrument, Witness my hand and official stamp or seal,this the , day of My commission expires 05 45-14 1 Alan Rothrock (Stamp/Seal) Notary Public STATE OF North Carolina COUNTY OF Orange I, Alan Rothrock a Notary Public for Guilford County r„, and State,certify that Adam Zinn 4�O �, personally came before me this day and acknowledged that he/she Is ptt. Managing Member of Parker Louis,LLC 0j .. corporation and that by the authority duly given and as the act of the Corporation, yg '(448, y- he foregoing instrument was signed In Its name by its'President `.0 'y94, �, Witness my hand and official stamp or seal,this the 13 day of April 2013 • ti 0ZI Nd-0 My commission expires 06-15-14 Alan Rothrock StampiSeal) Notary Public I L I1:1lll_03111111-11111111111 1 11 R556a3 164 314 • FRM7-A Page 3 of 3 ------ '-.------. _ % - 7-- .-:, ',: e J. I . ...... .....a-,0 4014,„„,........ 444,4 _, . .. arhicrcou . . 1 ). 1 i APitor.. ili / / .4 ill .,/ b '' ON 1----... I / ' ' Nig ' I I d" / . 1 . / f 111 II . , /.2.7.—T 4' i i + r g" p ••, I Ug C v rl ~ Z j r li E 1 ll 4 , . '.' V C:3) . 1 \ \ ii: a ,.s • w S ti E \ ,; fi=t R+ R\ . 1 \ 1 1 i . 1 f 1 . 1 • I 1i ''',,,.. \ 1 VII 1 a � ! ..__.r.._..�..__,_ -._._-.V .._. TI rr: \I PRE,663 165 414 i 1 11�II�11�111�11�1111 n� ' •'' �■ rtl ,r e 16 \�- I L111I�m/�mm�u�- �mr 20130911000228080 DEED 09111/2013 02:38,25 PM 1/3 FILED Deborah S. Brooks Resister of Deeds. Oranse M110.00 '� �� ~~`~ - �~ - =~ | ( Revenue Stamp $ 1040 DEED FOR HIGHWAY RIGHT OF WAY THIS INSTRUMENT DRAWN BY Alan Rothrock CHECKED The hereinafter described property 1E1 Does [] Does not include the prim ry residence of the Grantor. RETURN TO: Division Way Agent NCDOT P.O.Box 14996 Greenubum, NC 27415 NORTH CAROLINA T.I.P No.: 060$R1727 COUNTY OF Orange WBS ELEMENT: 7C.068087 TAX MAP AND LOT 9860973260 TIP/PARCEL NUMBER: 068GR1727002 r\« f104 ROUTE: Old Hwy 86 and Eubanks THIS FEE SIMPLE DEED,made and entered into this the 20m day of September , 2012 by and between MARSHA F.TINNEN(umarried) 206 Eubanks Rd. Chapel Hill,NC 27416 hereinafter referred to as GRANTORS,and the De rtment of Transportation,an agency of the State of North Carolina,1546 Mail Service Center,Raleigh,NC 27611,hereinafter referred to as the Department; xv|TNEeGET* That the GRANTORS,for themselves,their heirs,successors,and assigns,for and in consideration of the sum of $ 5,000.00 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 that certain property located in Chapel Hill To~oemp. Orange County, North Carolina,which is particularly described as follows: Point nf beginning being wcs^mz'16.9^vv.2g.386feet from-L-Sta.V+oV;thence to a point on a bearing of N 8o^§f17.6'E,488oSfeet;thence mm point cmm bearing*[w7r^O9'1o.arE.4So78 to a point on a bearing nfwra^O1'5.u' e.so.146 feet;thence me point ony bearing o,wro^2a'6.x^E.33.ogufeet;thence to a point on a bearing ova77^4w'o*.a' W,66.584 feet;thence to a point on a bearing nfS77^4o'4.$''m(75.520 feet;thence along a curve 58.248 feet and having a radius of 370.000 feet. The chord of said curve being on a bearing of S uz^1a'onJ''vv.a distance of5o.1on feet;thence toa point ona bearing ofeO9^19'12.a^vK 1.VVV feet;thence ma point on a bearin ofmoa^uo'n4.o''s.1V.nno feet;returning m the point and place of beginning. Having an area of 350.429 Sqr feet being 0.008 acres | � | � FRM7-A Page 1o,o | - 17 COUNTY Orange WBS ELEMENT: 7C.068087 TIP/PARCEL NO. 068SR1727002 IN ADDITION,and for the aforestated consideration,the GRANTORS further hereby convey to the DEPARTMENT,its successors and assigns the following described areas and interests: Temporary Construction Easement Point of beginning being N 49447'56.9"W,41.948 feet from-L-Sta.8+50;thence along a curve 58.248 feet and having a radius of 370.000 feet. The chord of said curve being on a bearing of N 82 415'35.7"E,a distance of 58.188 feet;thence to a point on a bearing of N 77445'4,6"E,75.520 feet;thence to a point on a bearing of N 12 414'55.4"W,10.000 feet;`thence to a point on a bearing of S 77 445'4.6"W,75.520 feet thence along a curve 54.058 feet and having a radius of 360.000 feet. The chord of said curve being on a bearing of S 82 403'6.3"W,a distance of 54.007 feet;thence to a point on a bearing of S 11424'52.8"W,10.346 feet;returning to the point and place of beginning. Having an area of 1316.739 Sqr feet being 0.030 acres It is understood and agreed that the DEPARTMENT shall have the right to construct and maintain the cut and/or fill slopes in the above-described temporary construction easement area until such time that the property owners alter the adjacent lands in such a manner that the lateral support of the cut and/or fill slopes is no longer needed. Any additional construction areas lying beyond the cut and/or fill slopes and extending beyond the right of way limits will terminate upon completion of the project. SPECIAL PROVISIONS. This deed is subject to the following provisions only: The undersigned property owners,recognizing that the DEPARTMENT has the right to make adjustments to the road within the existing right of way and further understanding that such adjustments might disrupt our driveway, request that the DEPARTMENT enter upon our lands outside of the right of way to the extent as is necessary to reconnect our driveway,and we will have no claim as a result of the reconstruction of said driveway, The property hereinabove described was acquired by the GRANTORS by instrument(s)recorded In the Orange County Registry in Deed Book 1475 Page 355 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 hereby made for purposes of further description and for greater certainty. The Grantors acknowledge that the project plans for Project# 7G.068087 have been made available to them.The Grantors further acknowledge that the consideration stated herein is full and just compensation pursuant to Article 9,Chapter 136 of the North Carolina General Statutes for the acquisition of the said interests and areas by the Department of Transportation and for any and all damages to the value of their remaining property;for any and all claims for interest and costs;for any and all damages caused by the acquisition for the construction of Department of Transportation Project# 7C.068087 Orange County; and for the past and future use of said areas by the Department of Transportation,its successors and assigns for all purposes for which the said Department is authorized by law to subject the same. TO HAVE AND TO HOLD the aforesaid premises and all privileges and appurtenances thereunto belonging to the DEPARTMENT,its successors and assigns in FEE SIMPLE,or by easement as indicated,for the past, present and future use thereof and for all purposes which the said Department is authorized by law to subject the same. 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,or by easement as indicated,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 ILES�B5s � �ZB'3d0111l111IIIIIIIf IIIlIIII FRM7-A Page 2 of 3 18 COUNTY Orange WBS ELEMENT: 7C.068087 TIP/PARCEL NO. 068SR1727002 IN WITNESS WHEREOF,the GRANTORS have hereunto set their hands and seals(or if corporate,has caused the 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. L. / 1.1.44.44 n.1 (SEAL) (SEAL) MARSHA F.TINNEN (SEAL) (SEAL) (SEAL) (SEAL) (Corporate Name) BY: (President) h ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY: \tL_- STATE OF North Carolina COUNTY OF Orange 0�'""""may, I, Alan Rothrock a Notary Public for Guilford County and H�u04„ State,so hereby certify that MARSHA F.TINNEN GRANTOR,personally appeared before me this day and acknowledged the 011 v execution oft -foregoing instrument. cA1 .;: Witne y hand and official stamp or seal,this the aZEM. day of As, 2012 My commission expires 05-15-14 Ian Rothrock (Starc, fSea: Notary Public STATE OF COUNTY OF a Notary Public for said County and State,certify that personally came before me this day and acknowledged that he/she is of a corporation and that by the authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President Witness my hand and official stamp or seal,this the day of My commission expires 05-15-14 Alan Rothrock iStarrupISealy Notary Public IEI RM; 0116111111111111111I11111 RI35589 411'. 3/3s FRM7-A Page 3 of 3 ' \ \\ i I , Attachment 4 it iili i I 'i. i / : '--- -----— —----- ;25:..•!2:. 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' '21 22r, i , / ._..,__ 1/-------: '! ___ I I- -2-'11- i:/_:i : z 4111'''k_,,.'..:-:--//:::----\e" 1-44//11751.-''''../'-1 (:112-.1 1/11:41'11/\/\1/:IS':-:',' i : 22 i ---- - -. ---'--_._ ---- 1- -4,,,,, ----- - --- ---- i 1 , I •/ --------•"-::: __, ------'------------;--- _,- 77--_-=',- ---_- ----- '.------1 1 . I 4 -----------:::±:=::,1- - --- --- - g ..ar, ..- I 1 62. i ___----_--0----- 4-!4-,;•..-:,- --4-_;, _ ./.--,--_-_■ 1 ____ ....:' .1 i i 1 i - --------___ /------ - ---. I 6 1 1 -1/1 AR 1 4 E 1 i di 1 'W ,..4 ,. Attachment 5 20 %C PAT McCRORY Governor NICHOLAS J. TENNYSON Transportation Secretary January 3, 2017 ORANGE COUNTY Ms. Bonnie Hammersley County Manager Orange County P.O. Box 8181 Hillsborough, North Carolina 27278 SUBJECT: Petition for Abandonment of State Maintenance Eubanks Road-Realignment of SR 1727 Chapel Hill Township Dear Ms. Hammersley, Please find attached Form SR-5 Secondary Road Abandonment Investigation Report, Form SR-3 Petition for Road Abandonment and a location map for the above subject. This action is necessary due to a recent road realignment performed as part of the previously approved 2008-2009 secondary road construction program. This is being forwarded to you for consideration by your Board of Commissioners. Sincerely, (e At.qm C.N. Edwards, Jr., P.E. District Engineer Attachments /tcs Nothing Compares_ State of North Carolina 1 Department of Transportation 1 Division of Highways,District I Office 115 E.Crescent Square Drive,Graham,NC 272531P.O.Box 766,Graham,NC 27253-0766 336-570-6833 21 North Carolina Department of Transportation Division of Highways Abandonment Petition North Carolina County of Orange Petition request for the abandonment of Secondary Road 1727 from the State. Maintained System We the under signed, being all of the property owners on Secondary Road 1727 in Orange County do hereby request the Division of Highways of the Department of Transportation to abandon the road from the State Maintained System. PROPERTY OWNERS Name Address C.N. Edwards Jr.,PE, District Engineer P. 0. Box 766 Graham,NC 27253 tElk.Ce' Form SR-3 (1/2001) 22 North Carolina Department of Transportation Division of Highways Secondary Road Abandonment Investigation Report County Orange Co. File No. Date 11/19/2016 Township Chapel Hill Div. File No. Div.# SR No. & Local Name If Any SR 1727 Eubanks Road , (Portion deleted due to realignment) Length To Be Abandoned 0.12 mile Length To Be Retained (if applicable) 2.42 miles Width 20 Type Paved Condition Good Number of homes having entrances into road 0 Other uses having entrances into road Rural Collector Road Is the road a school bus route? Yes Average Daily Traffic Count(estimated) 4000 Date of last State maintenance performed 11/2013 Is the road a mail route? Yes Are there any bridges,pipe> 48"or retaining walls No present in the right of way? Is a petition for this request attached? Yes Is the County Commissioners' Approval attached? Yes If not, give reason Additional information applicable Road realigned by project 7C.068087 Submitted by Leh, Reviewed and Approved DISTRICT ENGINEER DIVISION ENGINEER Reviewed and Approved BOARD OF TRANSPORTATION MEMBER Do not write in this space- For Use by Secondary Roads Unit Petition# Form SR-5 (11/05/2007) co N -� rV) 'NII , 90 `--- --m. ^tea I • e Rd .53 \\ / W / al s fV • W :A.rn 1 o. O t' ° . xi 1 w .A,� . R` i l / �,/ 1- ..- ` ILL 1 1 a, 7 , E > � w 0 I H Ca / 0 j" C H 1 W �'9 W 0, t0 86 8C' a Iiike o N N 8f• 9p• j_W Ft' Nglsbo<°u9h R 24 4Y oPo s aJlf� _,. � '� oi,�Y�9 �,• Vii. Transportation 4 v C , DEPARTMENT OF TRANSPORTATION INTEROFFICE MEMO RIGHT OF WAY BRANCH P. O.BOX 14996 GREENSBORO, N.C. 27415-4996 Phone: 336-334-3515 Fax: 336-334-5331 December 28,2016 MEMO TO: Chuck Edwards MEMO FROM: Alan Rothrock COUNTY: Orange Addition and Abandonement to the System SUBJECT: SR-1727 Eubanks Rd. I have examined the information regarding the addition and abandonement due to the realignment of SR-1727, Eubanks Rd. It appears a necessary R/W has been acquired for the alignment and the abandonement has been accomplished. Right of Way is per plans for State Project 7C.068087. If any additional information is needed,please contact me at the number above. 1 of 1 ;') ‘."-...1‘ ' "---. _ _ --_-_:--- © ---'-- ---------1 ---- :4 :C;:!ii. ._1"1 '47411 i 1 i 1 i 1 -.i'• 'i 1 -:rii1/: ,././CI. , ) _ Al 7 / 7 .: B..4;''. % ;, ,,'-;" 044 ; ,:::,5:M• C .• e,, • \,, \\ \ Cri4 vole\ .60 bl qgg ..; 411- -- ,;.--;'1'-----_,.:.:_._1_\:_i__,T----------,__: :1):1,--)'',:'/I.:.1, 1:':t \l'j', , !". ti fi P. :•I i ' r. . . i: , /4111 :. --1:, 1 -r.. _____Ii-L______T ry PI I / I \C.0 ''' i //1/ I f-'1, C E / -- ; .1,; ! i 7/: 2 I & ) Mg - al lk,-= -----77-'—'-2-- . ..,,,_-_----------i------4T"---.11116--- •' /:17-- _ii ! ,,, ,....weiTsari,:::....,,,:....r_ - -________., lit F4 i g r . , _ __„ iii , i i / __, .,. IP 26 RES-2017-016 Attachment 7 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION REQUESTING THE NORTH CAROLINA BOARD OF TRANSPORTATION (NCBOT) TO EXECUTE MAINTENANCE ABANDONMENT OF A PORTION OF EUBANKS ROAD — SR 1727 WHEREAS, a 0.12 mile portion of Eubanks Road — SR 1725 was realigned as part of North Carolina Department of Transportation (NCDOT) Project 7C.068087, as depicted on the North Carolina Department of Transportation (NCDOT) Project Map dated May, 2013 (Exhibit A); and WHEREAS, the realigned portion of Eubanks Road — SR 1725 has been constructed by NCDOT and petitioned for addition to the State Maintained Secondary Road System and the Board of County Commissioners has recommended the petition on March 21, 2017; and WHEREAS, in the opinion of the Board of County Commissioners the proposed abandonment of maintenance is in the public interest because it will improve street connectivity and public safety; and WHEREAS, it appears that no individual owning property in the vicinity of the abandoned road would thereby be deprived of reasonable means of ingress and egress to his property; and NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of County Commissioners that in accordance with North Carolina General Statute §136-63, the Board requests the North Carolina Board of Transportation to abandon maintenance of the 0.12 mile portion of Eubanks Road — SR 1725 as shown in Exhibit A attached to this resolution. Upon motion of Commissioner , seconded by Commissioner , the foregoing resolution was adopted this the day of , 2017. I, Donna Baker, 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 March 21, 2017, as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 2017. Clerk to the Board of Commissioner