HomeMy WebLinkAboutAgenda - 08-17-2004-5mORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 17, 2004
Action Agenda
Item No. ,~j - m
SUBJECT: Assignment of the Adams Tract Purchase Contract to the Town of Carrboro
DEPARTMENT: Environment and Resource
Conservation
PUBLIC HEARING: (Y/N) No
ATTACHMENT
1) Contract Assignment
2) Carrboro Resolution
INFORMATION CONTACT:
Geoffrey Gledhill, 732-2196
David Stancil, 245-2590
Rich Shaw. 245-2590
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To authorize the assignment of the signed contract for purchase of the Adams
property to the Town of Carrboro.
BACKGROUND: Orange County and the Town of Carrboro are collaborating on the
purchase of approximately 27 acres of a 30-acre tract known as the Adams Tract. The
County and Carrboro intend to acquire this land to make it available to the public for low-
impact public recreation, to protect a portion of a significant natural area, and to help protect
the water quality of Bolin Creek.
The County and Carrboro will share equally in the cost of the land. The land is to be owned
and managed by the Town of Carrboro. Orange County will purchase from Carrboro a
conservation easement in the land thereby adding perpetual use restrictions intended to
protect the future use of the property as aloes-impact park and natural area. The State of
North Carolina will also hold a conservation easement on a six-acre portion of the property in
consideration of a NC Clean Water Management Trust Fund grant.
On June 23, the Board authorized the County's participation in the purchase of the Adams
Tract, the signing of a final purchase contract, and the form of the conservation easement.
The purchase contract states that the County intends to assign the contract to the Town of
Carrboro and that the Town will be the "grantee" of the deed from the "sellers". Although the
Board has approved the contract, it still needs to authorize formally the assignment of the
purchase contract to the Town of Carrboro.
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Attached are a copy of the proposed assignment document prepared by the county attorney
and a signed resolution authorizing Carrboro's acceptance of an assignment to purchase the
Adams Tract and conveyance of a conservation easement.
FINANCIAL IMPACT: This action, in and of itself, will have no additional financial impact. In
an earlier action, the Board authorized the County expenditure of up to $785,000 for the
purchase of the conservation easement in the Adams property.
RECOMMENDATION(S): The Manager recommends that the Board approve the County
assigning the signed purchase contract for the Adams property to the Town of Carrboro for
the Town's anticipated purchase of the land on or before September 30, 2004.
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Prepared by: Geoffrey E. Gledhill, Attorney at Law
Return to: Geoffrey E. Gledhill, Attorney at Law,
Coleman, Gledhill, Hargrave & Peek, P.C.,
P.O. Drawer 1529, Hillsborough, NC 27278
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
ASSIGNMENT OF RIGHT TO PURCHASE
ORANGE COUNTY, NORTH CAROLINA, a body politic and
corporate, a political subdivision of the State of North
Carolina, having an address of P.O. Box 8181, Hillsborough,
North Carolina 27278, for good and valuable consideration, the
receipt of which is hereby acknowledged, does hereby assign to
CARRBORO, NORTH CAROLINA, the rights and obligations pursuant to
that certain OFFER TO PURCHASE AND CONTRACT dated June 23, 2004,
a copy of which is attached hereto and incorporated herein by
reference.
This the day of 2004.
ORANGE COUNTY, NORTH CAROLINA
By:
Barry Jacobs, Chair
Orange County Board of Commissioners
ATTEST:
Donna S. Baker, Clerk
to the Board of Commissioners
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NORTH CAROLINA
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swing resolution was introduced by Alderman Joal Hall Broun and duly seconded by
Alderman Alex Zaffron.
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN ASSIGNMENT
TO PURCHASE THE ADAMS TRACT AND THE CONVEYANCE OF A
CONSERVATION EASEMENT
Resolution No. 197/2003-04
WHEREAS, the Board of Aldermen has approved purchasing the majority of the Adams Tract;
and
WHEREAS, the Board has authorized staff to proceed with securing installment financing; and
WHEREAS, the town will need a signed purchase agreement with the owners and agreement on
the conservation easement in order to place the town's funding request on the July Local
Government Commission meeting agenda.
NOW, THEREFORE, THE MAYOR AND BOARD OF ALDERMEN HEREBY RESOLVE:
Section 1. The Board authorizes the acceptance of an assignment from Orange County for the
contract to purchase the Adams Tract and authorizes the Mayor and Town Clerk to sign the
assignment documents (contingent upon further review and revisions by town staff and the Town
Attorney).
Section 2. Since additional activities may take place prior to the Board of Aldermen and the
Orange County Board of Commissioners returning in August, the Board agrees to convey a
conservation easement to Orange County on the property as denoted in the attached easement
(contingent upon further review and revisions by town staff and the Town Attorney).
The foregoing resolution having been submitted to a vote, received the following vote and was
duly adopted this 22nd day of June, 2004:
Ayes: Joal Hall Broun, Mark Chilton, Jacquelyn Gist, John Herrera, Michael Nelson, Alex
Zaffron
Noes: None
Absent or Excused: Diana McDuffee
I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify
that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of
Aldermen at its meeting on June 22, 2004.
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Town Clerk
301 WEST MAIN STREET. CARRBORO. NC 29510 f919) 942-8541 FAX (919) 918-4456 TDD [8001 826-7653
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