HomeMy WebLinkAboutAgenda - 08-17-2004-5nORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 17, 2004
Action Agenda
Item No. ,rj-n
SUBJECT: Little River Regional Park: Relocate Access Easement to Durham; Dedicate
Public Road Right Of Way; Accept, Without Maintenance Responsibility, Public
Right of Way
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation, Recreation and
Parks
ATTACHMENT(S): INFORMATION CONTACT:
Geoffrey Gledhill, 732-2196
Deed of Easement Rich Shaw, 245-2590
Final Plat "Easement Survey" Lori Taft, 245-2600
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To authorize a change in the existing access easement held by Durham County
through the Orange County portion of Little River Regional Park and to dedicate public right
of way and accept, without maintenance responsibility, the dedication of right of way.
BACKGROUND: Construction of the new Little River Regional Park and Natural Area is well
underway. The 391-acre park is expected to be open in early Fall 2004. Park facilities will
include picnic shelters, restroom facility, children's play area, group camping area, and an
elaborate trail system with separate walking/hiking, mountain biking, and equestrian trails.
When Orange and Durham counties acquired the park property in 2000-01, both counties
agreed to establish a 50-foot easement for Durham County to access its landlocked portion of
the park property from Guess Road. Similarly, a 50-foot access easement was recorded for
Orange County to access a remote portion of its property through the Durham County portion
of the park property.
Prior to closing on the property, both counties agreed that the Durham County easement would
be amended (and re-recorded) to correspond with the future road network through the park
property. The existing easement to the Durham County portion of the park property is to be
abandoned in favor of a new 50-foot easement that will also be the new entrance drive (now
under construction) and service road. A final plat showing the proposed easement has been
prepared for both counties to approve.
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The Orange County Planning Department, as part of its Site Plan review and approval of the
Little River Regional Park, required 5 feet of additional public right of way to be dedicated
along Guess Road where it abuts the Park property. The Final Plat of the Easement Survey
contains this dedication which must be approved by the Board of Commissioners on behalf
of Orange County (the owner of the land subject to the dedication).
Site Plan review and approval also requires Orange County to accept, on behalf of the
general public, without maintenance responsibility, the public dedication of the public right of
way. The Final Plat of the Easement Survey also contains this acceptance which must be
approved by the Board of Commissioners on behalf of Orange County.
FINANCIAL IMPACT: This action will have no additional financial impact.
RECOMMENDATION(S): The Manager recommends that the Board (1) authorize the
execution and recording of the easement; (2) dedicate to the public 5 feet of additional right
of way along Guess Road where it abuts the Park property including authorizing the County
Manager to sign the public dedication; and (3) accept, for the use of the general public,
without maintenance responsibility, the public dedication of the public right of way including
authorizing the County Manager to sign the acceptance on the Final Plat of the Easement
Survey.
3
Prepared by: Geoffrey E. Gledhill, Attorney at Law
Return after recording to: Geoffrey E. Gledhill, Attorney at
Law, P.O. Drawer 1529, Hillsborough, NC 27278
NORTH CAROLINA
COUNTY OF ORANGE
COUNTY OF DURHAM
DEED OF EASEMENT
AND
EXTINGUISHMENT OF EASEMENT
This Deed of Easement and Extinguishment of Easement, made
this day of 2004 by and between ORANGE COUNTY,
NORTH CAROLINA, having an address of Post Office Box 8181,
Hillsborough, NC 27278 (hereafter "Orange County") and DURHAM
COUNTY, NORTH CAROLINA, having an address of 200 E. Main Street,
Second Floor, Durham, NC 27701 (hereafter "Durham County").
WITNESSETH:
WHEREAS, Durham County is the owner of a tract and parcel
of land (hereafter "the Tract C" Parcel) that is particularly
described in the deed from Triangle Community Foundation to
County of Durham, North Carolina, which deed is recorded at Book
4
2943, Page 10-13, Durham County Registry and Book Page
Orange County Registry; and
WHEREAS, Durham County is the owner of a tract or parcel of
land (hereafter "the Lot D" Parcel) that is particularly
described in the deed from Triangle Community Foundation to
County of Durham, North Carolina, which deed is recorded at Book
3162, Page 218-220, Durham County Registry and Book Page
Orange County Registry; and
WHEREAS, the deeds to Durham County for both the Tract C
Parcel and the Lot D Parcel include a perpetual access easement
50 feet wide and approximately 3500 feet long (hereafter "the
Easement") which easement crosses land owned by Orange County
(hereafter "the Tract A and Tract B" Parcels) which land is
described in the deed from Triangle Community Foundation to
County of Orange, North Carolina, which deed is recorded at Book
2157, Page 548 of the Orange County Registry and Book ,
Page of the Durham County Registry; and
WHEREAS, Orange County and Durham County will operate,
pursuant to the June 28, 2003 INTERLOCAL AGREEMENT FOR OPERATION
AND MAINTENANCE OF LITTLE RIVER REGIONAL PARK, the Little River
Regional Park which will be located on the Tract A, Tract B,
Tract C and Lot D Parcels; and
WHEREAS, Orange County and Durham County have agreed to
relocate the Easement in order that the access easement to the
5
Tract C and Lot D Parcels across the Tract B Parcel will
correspond with the access road to the Little River Regional
Park as it traverses the Tract B Parcel.
NOW, THEREFORE, for and in consideration of the sum of ONE
DOLLAR ($1.00) to each in hand paid and other good and valuable
consideration, the receipt of which is hereby acknowledged,
Orange County and Durham County agree as follows:
1. Durham County does hereby give, grant and convey to
Orange County, its successors and assigns, all of its right,
title and interest in the Easement, which easement is more
particularly described as follows:
Beginning at an existing iron stake situated on the east
side of Guess Road in the southwest corner of the property
of Larry L. Adams as described in that deed recorded at
Deed Book 272, Page 1229 of the Orange County Registry;
running thence N 60°27'30" E 209.88 feet to an existing
iron stake; running thence S 89°12'54" E 3,245.32 feet to a
point on the Durham-Orange County Line; running thence
along the Durham-Orange County Line S 07°52'06" W 50.00
feet to a point; running thence N 89°12'54" W 3,225.56 feet
to a point; running thence S 60°27'30" W 188.18 feet to a
point on the east side of Guess Road; running thence N
38°47'48" W 50.66 feet to an iron stake, the point and
place of BEGINNING, the same being the "50 Foot Ingress &
Egress Easement" as shown transverse Tract B on the map and
plat recorded at Plat Book 86, Page 176, Orange County
Registry and at Plat Book 150, Page 123, Durham County
Registry.
2. Orange County does hereby give, grant and convey to
Durham County, its successors and assigns, a perpetual right and
access easement, for the purpose of ingress to and egress from
the Tract C Parcel and the Lot D Parcel, which easement is 50
6
feet wide and identified as "PRIVATE 50' WIDE ACCESS EASEMENT
TWO COUNTY PARK DRIVE" on the March 28, 2003 Randy S. Rambeau,
SR. PLS L-2520, plat of survey titled "EASEMENT SURVEY OF 50'
PRIVATE CROSS ACCESS FOR LITTLE RIVER REGIONAL PARK," which plat
is recorded at Plat Book Page Orange County
Registry and Plat Book Page Durham County
Registry, which easement extends across the Tract B Parcel from
its intersection with Guess Road (NC Highway 157) generally
easterly to its intersection with the Tract C Parcel. Orange
County reserves the right to use and allow third parties and the
general public to use the easement area and to grant third party
easements over and across and under the easement area.
To have and to hold said rights and easements to them,
Orange County and Durham County and their successors in
interest, it being agreed that the right and easement granted to
Durham County is appurtenant to and runs with the Tract C Parcel
and the Lot D Parcel, now owned by Durham County; and that the
right and easement granted to Orange County extinguishes any
claim to the Easement formerly held or owned by Durham County
and that the Easement merges with the fee title of the Tract B
Parcel, now owned by Orange County.
IN TESTIMONY WHEREOF, Orange County and Durham County have
caused this instrument to be executed by authority of their
respective boards of commissioners as of the day and year first
above written.
ORANGE COUNTY, NORTH CAROLINA
By:
Barry Jacobs
Chair, Orange County Board
of Commissioners
ATTEST:
Donna S. Baker
Clerk to the Board of
Commissioners
DURHAM COUNTY, NORTH CAROLINA
By:
Ellen W. Reckhow
Chair, Durham County Board
of Commissioners
ATTEST:
Garry E. Umstead
Clerk to the .Board of
Commissioners
NORTH CAROLINA
ORANGE COUNTY
I, a Notary Public of the County
and State aforesaid, certify that Donna S. Baker personally came
before me this day and acknowledged that she is Clerk to the
Board of Commissioners for Orange County, North Carolina and
that by authority duly given and as the act of said County, the
foregoing instrument was signed in its name by the Chair of said
Board of Commissioners and attested by her as Clerk to said
Board of Commissioners.
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Witness my hand and official stamp or seal, this the
day of 20
Notary Public
My commission expires:
NORTH CAROLINA
DURHAM COUNTY
I, a Notary Public of the County
and State aforesaid, certify that Garry E. Umstead personally
came before me this day and acknowledged that he is Clerk to the
Board of Commissioners for Durham County, North Carolina and
that by authority duly given and as the act of said County, the
foregoing instrument was signed in its name by the Chair of said
Board of Commissioners and attested by him as Clerk to said
Board of Commissioners.
Witness my hand and official stamp or seal, this the
day of 20
Notary Public
My commission expires:
lsg:orangecounty\little river park deed of easement.doc
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