HomeMy WebLinkAboutAgenda - 05-01-2018 8-i - Request for Road Addition to the State Maintained Secondary Road System – Strouds Creek RoadORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 1, 2018
Action Agenda
Item No. 8 -i
1
SUBJECT: Request for Road Addition to the State Maintained Secondary Road System —
Strouds Creek Road
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
1. Maps of Strouds Creek Road
2. Strouds Creek Road Recorded
Documents
3. NCDOT Petition Information for
Strouds Creek Road
INFORMATION CONTACT:
Abigaile Pittman, 919 - 245 -2567
Tom Altieri, 919 - 245 -2579
Craig Benedict, 919 - 245 -2592
PURPOSE: To make a recommendation to the North Carolina Department of Transportation
( NCDOT), and the North Carolina Board of Transportation (NC BOT), concerning a petition to
add Strouds Creek Road to the State Maintained Secondary Road System.
BACKGROUND: This request includes a petition for one (1) road addition to the State
Maintained Secondary Road System. The road and its respective length and width are as
follows:
Strouds Creek Road
Strouds Creek Road is located off of NC 57, east of NC 86 N in Hillsborough Township
(Attachment 1). Sterling Farms Subdivision and Recombination Plat was dedicated on May 23,
2005 (Lots 1 -39, an exempt subdivision with lots > 10,000 acres) and takes access from
Strouds Creek Road. The subdivision is zoned Agriculture Residential (AR).
Strouds Creek Road was originally a tract created in 1999, intended to accommodate a portion
of the Western Bypass, a transportation project previously supported by the Town of
Hillsborough. Later that year, the tract was conveyed to the Orange County Board of Education
Number of Frontage
Pavement /Right -of -way
Road Name
Length in Miles
Lots with
Widths in Feet
Houses /Other Uses
Having Entrances
1 house, Pathways
Strouds Creek Road
0.32
Elementary, Village
24/100 -120
Grove Court, and
Tumbling Brook Lane
Strouds Creek Road
Strouds Creek Road is located off of NC 57, east of NC 86 N in Hillsborough Township
(Attachment 1). Sterling Farms Subdivision and Recombination Plat was dedicated on May 23,
2005 (Lots 1 -39, an exempt subdivision with lots > 10,000 acres) and takes access from
Strouds Creek Road. The subdivision is zoned Agriculture Residential (AR).
Strouds Creek Road was originally a tract created in 1999, intended to accommodate a portion
of the Western Bypass, a transportation project previously supported by the Town of
Hillsborough. Later that year, the tract was conveyed to the Orange County Board of Education
P
and the deed established it as a "non- exclusive perpetual easement" for the purpose of ingress,
egress and construction and maintenance of a non - dedicated access road (Strouds Creek
Road) to the Pathways Elementary School. The tract and school access road were
subsequently conveyed in fee simple to Waterford Sterling, LLC on November 23, 2004.
A Plat for the Sterling Farms Subdivision was recorded May 23, 2005 (Plat Book 97, Page 117),
depicting Strouds Creek Road as a primary road serving the subdivision. Waterford Sterling,
LLC conveyed this tract containing Strouds Creek Road to the North Carolina Department of
Transportation ( NCDOT) via a recorded Deed of Highway Right- of -Way (Record Book 6402,
Pages 280 -283 recorded December 15, 2017). This recordation information is provided
in Attachment 2.
Strouds Creek Road has a length of 0.32 mile. The road has a varying right -of -way width of 100-
120 feet, and a pavement width of 24 feet. The road terminates in a stub halfway across the
frontage of the Pathways Elementary School property, with the remaining right -of -way to the
west being unimproved.
Strouds Creek Road was designed and constructed to public road standards and meets NCDOT
maintenance responsibility and ownership criteria, and is now eligible to become a public road in
the State System. The unimproved portion of right -of -way to the west is not eligible for the State
Maintained System.
NCDOT has investigated this request and has submitted a petition to the Board of County
Commissioners (BOCC) for its recommendation (Attachment 3). North Carolina General Statute
§136 -62 requires that road petitions for additions to the state system be made by the Board of
County Commissioners (BOCC).
Conclusion
The above - referenced application meets the criteria endorsed by the BOCC for recommending
acceptance of public roads into the State Maintained System for roads approved through the
governing jurisdiction's subdivision process ( NCDOT Subdivision Roads Minimum Construction
Standards, January 2010, revised May 2016).
FINANCIAL IMPACT: There is no direct financial impact to the County associated with this
item. NCDOT will incur additional maintenance responsibilities and costs.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is associated
with this item:
• 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: 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.
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RECOMMENDATION(S): The Manager recommends that the Board:
1. Forward the Petition for Addition to the State Maintained System to the NCDOT for
Strouds Creek Road; and
2. Recommend the Department of Transportation accept the road for maintenance as a
State Secondary Road.
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20171215000244720 DEED
Bk! RB6402 Pg:280
` 12/15/2017 11:42:42 AM 114
FILED dark Chilton
Register of Deeds. Orange Co. NC
Recordir. Fee. $26 00
NC Real state TX $ 00
Revenue Stamps $ NTO
DEED FOR HIGHWAY RIGHT OF WAY
THIS INSTRUMENT DRAWN BY Alan Rothrock CHECKED BY
The hereinafter described property Q Does Z Does not include the primary residence of the Grantor
RETURN TO: Division RIW Agent, NCDOT
P.O. Box 14996
Greensboro, NC 27415 -4996
NORTH CAROLINA TIP/PARCEL NUMBER: 001
COUNTY OF _Orange_ WBS ELEMENT: 70.068017
TAX PARCEL NIA ROUTE: Stroud's Creek Rd.
THIS FEE SIMPLE DEED, made and entered into this the f G day of November 20 17
by and between Waterford Sterfing, LLC -
4784 Country Rd. 11 —
Rushville, NY 14544
hereinafter referred to as GRANTORS, and the Department of Transportation, an agency of the State of North
Carolina, 1546 Mail Service Center, Raleigh, NO 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 $ 1.174 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 Hillsborough Township, Oran a County, North
Carolina, which is particularly described as follows:
BEGINNING at an iron pipe, the southwestern comer of Tract 4 described above, said iron pipe
being the northwestern corner of that property shown as Western Bypass on that plat entitled
"Property Surveyed for Orange County Board of Education ", prepared by Callemyn Parker Inc.,
dated December 18, 1958, revised May 3, 1999, and recorded in Book 83, Page 85, Orange
County Registry; thence along a curve to the right having a radius of 1256.12 feet, an are length
of 481.27 feet, and a chord bearing and distance of North 78° 59' 47" East 478.33 feet to an
Iron pipe; thence North 89° 58'21 " East 548.42 feet to an iron pipe; thence along a curve to the
right having a radius of 1546.14 feet, an arc length of275.41 feet, and a chord hearing and
distance of South 84° 55' 28" East 275.05 feet to an iron pipe; thence South 79° 49` 17 " East
617.23 feet to an iron pipe; thence along a curve to the left having a radius of 193137 feet, an
arc length of 306.32 feet, and a chord bearing and distance of South 84° 21' 37" East 306.00
feet to an iron pips; thence South 88° 53' 58" East 55.64 feet to an iron pipe; thence South 88°
32' 39" East 74.95 feet to an iron pipe; thence South 88° 39' 01" East 171.44 feet to an iron
pipe; thence South 14° 37' 59" West 72.23 feet to an iron pipe; thence South 15° 15'45" West
30.85 feet to an iron pipe; thence North 68° 40' 53" West 397,56 feet to an iron pipe; thence
North 88° 35' 24" West 203.44 feet to an Iron pipe; thence North 09° 46' 51" East 2 4.3 7 feet
to an iron pipe; thence North 79° 49' 17" West 617.92 feet to an iron pipe; thence along a
curve to the left having a radius of 1446.14 feet, an arc length of 30.17 feet, and a chord
bearing and distance of North 80° 2609" West 30.17 feet to an iron pipe; thence along a curve
to the left having a radius of 1446,14 feet, an arc length of 227.43 feet, and a
FRM7 -A
Page 1 of 3
Revised 02/17/15
R66402 281 214
COUNTY: drange T WBS ELEMENT: 70.068017 TIPIPARCEL NO.: 001
chord bearing and distance of North 85' 31'20" West 227.20 feet to an iron pipe; thence South
89° 58'21" West 548.02 feet to an iron pipe, thence along a curve to the left having a radius
of 1156.12 feet, an arc Length of 262.71 feet, and a chord bearing and distance of South 83°
27" 46" West 2.62.14 feet to an iron pipe; thence along a curve to the left having a radius of
1156.12 feet, an arc length of 174.87 feet, and a chord bearing and distance of South 72° 37'
11" West 174.70 feet to an Iron pipe; thence North 25° 03'27" West 100.16 feet to the point of
BEGINNING;, containing approximately 5.790 acres, and being all of Tract 6 as shown on that
map entitled "Plat of Actual Survey prepared for Waterford Sterling LLG " issued July 18, 2004,
revised June 4, 2004, August 23, 2004, and November 18, 2004, prepared by Withers &
Ravenel.
Being the same Tract 6 conveyed in Deed Book 3617 at Page 998 in the Rockingham County
Register of Deeds Office.
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:
None
SPECIAL PROVISIONS. This deed is subject to the following provisions only:
None
The property herelnabove described was acquired by the GRANTORS by instrument(s) recorded in
the Orange County Registry In Deed Book 3617 Page 198
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. 135 -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 # 7C.068417 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.068017
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 taw
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 tine 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:
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.
FRM7 -A
Page 2 of 3
Revised 02/17/15
41V�VI�lU��I.��V�I Itll�l l RB6402 282 314
COUNTY: Orange NIBS ELEMENT: 70.068017 TIPIPARCEL NO.: 001
This instrument does not transfer the herein described interests unless and until this document is
accepted by an authorized agent of the Department of Transportation.
WATERFORD STERLING, Lt_C
Robert R. Baxter, III (Manager)
ACCEPTED FOR THE DEPARTMENT OF TRANSPORTATION BY:
New York, County
I, a Notary Public for
7 County, New York, do hereby certify that
�G\ personally came
be me this d y a acknowledged that he/she is manager of
\]-L , , a corporation, and that he/she,
as president, being authorized to-ao so, executed the foregoing on behalf of
the corporation. �
Witness my h d and official seal this the day of
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Notary Public
commission expires:
DEBORAH HOFFMAN
Notary Public, State of New York
No. 01 H06180669
Qualified in Ontario County
f+ClfrlMisslon Expires_
FRM7 -A
Page 3 of 3
Revised 02117/15
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THIS MAP MAY NOT BE A CERTIFIED SURVEY AND
HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT
AGENCY FOR COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS AND HAS NOT
BEEN REVIEWED FOR COMPLIANCE WITH
RECORDING REQUIREMENTS FOR PLATS,
RB6402 293 414
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Attachment 3
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER
GOVERNOR
March 20, 2018
ORANGE COUNTY
Ms. Bonnie Hammersley
County Manager
Orange County
P.O. Box 8181
Hillsborough, North Carolina 27278
SUBJECT: Request for Road Addition
Strouds Creek Road
Sterling Farms Subdivision
Dear Ms. Hammersley,
12
JAMES H. TROGDON, III
SECRETARY
Please find attached Form SR -4 Secondary Road Addition Investigation Report, Form SR -1
Petition for Road Addition, Recorded Deed for Highway Right of Way, and a location map for
the above subject.
This is being forwarded to you for consideration by your Board of Commissioners.
Sincerely,
�tv "c
C.N. Edwards, Jr., P.E.
District Engineer
Attachments
CNE
Mailing Address:
NC DEPARTMENT OF TRANSPORTATION
DIVISION 7, DISTRICT 1
PO BOX 766
GRAHAM, NC 27253 -0766
Telephone: (336) 570 -6833
Fax: (336) 570 -6876
Customer Service: 1- 877 - 368 -4968
Websile: www.nedot.gov
Location:
115 EAST CRESCENT SQUARE DRIVE
GRAHAM, NC 27253
North Carolina Department of Transportation 13
Division of Highways
Secondary Road Addition Investigation Report
County: Orange Co. File No:
Township: Hillsborough Div. File No:
Local Strouds Creek Road
Name:
Length:
Surface
Thickness
0.32
2"
24'
Width:
ABC
Base Type
0 -15 -01
Date: 01/13/2018
Div. No:
Sterling Farms
Subdivision Name:
Surface I -2
Type:
PVMT Condition:
Base 8"
Thickness
Good
*Retaining
*Bridges Yes No X * Pipe > 48" Yes No X Walls Within Yes No X
Right of Way — —
* If Yes - Include Bridge Maintenance Investigation Report
Is this a subdivision street subject to the construction requirements for such streets? No
Recording Date: 12/15/2017 Book: RB6402 (Deeded Highway Page: 280 -283
R /W)
Number of homes having entrances into road: 1
Other uses having entrances Into road: Access road for Pathways Elementary, Village Grove Ct. and Tumbling Brook
Lane- Estimated ADT 605
If right -of -way is below the desired width, give reasons
Right -of -Way Width: Var. 100' -120' 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: $
Grade, drain, stabilize: $ Drainage: $ Other: $
Remarks and Recommendations: Meets Requirements. Recommend Addition.
Submitted by: Zq �{ Reviewed and Approved:
=DISTRICT ENGINEER
Reviewed and Approved
BOARD OF TRANSPORTATION MEMBER:
Form SR -4 (11/05/07)
DIVISION ENGINEER
Do not write in this space- For Use by Secondary
Roads Unit
Petition 4
- ;�srtire„
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPOR.TAUON
ROY COOPER
GOVERNOR
DATE: January 16, 2018
TO: Chuck N. Edwards, Jr., PE
FROM: Sandra Taylor, R/W Agent II
JAIES H. TROGDON, III
SECRETARY
SUBJECT: Addition to the System Stroud's Creek Road
Sterling Fags Subdivision, Orange County
I have examined the plat(s) in the Change County Registry and information provided, by your office.
Based on my examination of the plats and supporting information, it appears that the Right of Way for
the road/s is as follows, as well as utility easements and sight distances as shown on plat /s, if any.
Stroud's Creek Road
(PB 83/1>G 85, PB 97 1PG 116 & 11.7)
Variable widths, with a minimum of 100'
(PJW noted as 100.16' and 103.08' at ends)
If any you need any additional information, please contact me at the number below or via email.
Marling Address.
NC I)EPARTMENI 01? TRANSPORTATION
DIVISION OF HIGHWAYS
DIVISION 7 RIGirr OF WAY
Y.O. BOX 14336
CiRFF.M.SROR0 NC2741.5 -4996
Telephone. (336) 334 -35x5
Fear. (336) 334 -5331
Customer Service. 1-877- 368 -4368
ftfebsite: %vwvv.ncdol.gov
T.occnton:
1 101 E. WENDOVER AVE.
SUI`r6 200
GREENSBORO, NC 27405
14
North Carolina Department.ofTransportation
Division of Highways
Petition for Road Addition
ROADWAY INFORMATION: (Please PrintTrype)
County: ORANGE
Road Name: Strouds Creek Road
(Please list additional street names and tengths on the back of this form.)
Subdivision Name: Sterling Farms Length (mires): 0.32
Number of occupied homes having street frontage: l Located (miles): 0.76
miles N ® S ❑ E Q W ❑ of the intersection of Route NC 57 and Route 1622
(Check one) (SR, NC, US) (SR, NC, US)
We, the undersigned, being property owners and /or developers of Stroud's Creek Road 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: Patrick Abele, Chief operations Of leer, orange Couniy Schools
Phone Number: (919) 732 -8126
Street Address: 200 East King Street, Hillsborough, NC 27278
Mailing Address: Same
Name
PROPERTY OWNERS
Mailing Address
Patrick Abele, Chief Operations Officer, Orange County Schools
kAO 41.1_ W,h,.
Form SR -1 (312006', Rev 1/2 010)
Telephone
15
0
INSTRUCTIONS FOR COMPLETING PETITION:
1. Complete Information Section
2. Identify Contact Person (This person serves as spokesperson for petitioner(s)).
"f =;;Attach four (4) copies of recorded subdivision plat or property deeds, which refer to candidate road.
s,
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
El Rural Road d Subdivision platted prior to October 1, 1975 M 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.
Form SR -1 (3/2006; Rev 1/2010)