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HomeMy WebLinkAboutAgenda - 01-22-2019 8-k - Easement Agreement with Duke Energy Related to County-Owned Orange High School Property 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 22, 2019 Action Agenda Item No. 8-k SUBJECT: Easement Agreement with Duke Energy Related to County-Owned Orange High School Property DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Deed of Easement Anne Marie Tosco, Staff Attorney, 245- 2320 PURPOSE: To approve the deed of easement to Duke Energy for the installation and maintenance of electrical facilities on County-owned property at Orange High School. BACKGROUND: Duke Energy received a request for electrical facilities at Orange High School in order to supply power to mobile trailers that are being placed on the high school property. Orange County owns and leases the property to the Orange County Schools Board of Education. Duke Energy requires an easement for the installation and maintenance of the requested electrical facilities on the Orange High School site. The Orange County Attorney's Office and counsel for the Orange County Schools Board of Education have reviewed and approved the attached Deed of Easement for this purpose. FINANCIAL IMPACT: There is no financial impact related to the approval of this deed of easement. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this item: • 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. RECOMMENDATION(S): The Manager recommends that the Board approve the deed of easement to Duke Energy for the installation and maintenance of the electrical facilities and authorize the Chair to sign on behalf of the Board. 2 EASEMENT Prepared By: Josh Stewart NORTH CAROLINA Return To: Duke Energy Carolinas Attn:Josh Stewart ORANGE COUNTY 4412 Hillsborough Rd Durham,NC 27705 THIS EASEMENT ("Easement") is made this day of 12018 ("Effective Date"), from ORANGE COUNTY, a political subdivision of the State of North Carolina ("GRANTOR,"whether one or more), to Duke Energy Carolinas, LLC, a North Carolina limited liability company("DEC"); its successors, licensees, and assigns. W ITNESSETH: 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, licensees, and assigns, the perpetual right, privilege, and easement to go in and upon the land of GRANTOR situated in Hillsborough Township, described as follows: containing 17.41 acres, more or less, and being the land described in a deed from Orange County Board of Education to Orange County, dated December 18, 2002, and recorded in Deed Book 2824, Page 490, also shown as Lot 2 on a Plat, dated June 27, 2014, entitled "Orange High School Exempt Division Survey", and recorded in Plat Book 113, Page 24, all 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, underground conduits, enclosures/transformers, vaults and manholes, and other appurtenant apparatus and equipment(the "Facilities")within an easement area being thirty (30) feet wide 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; and (d) 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. 3 Notwithstanding anything to the contrary above, it is understood and agreed that: (1) the EASEMENT herein granted is for facilities to be installed at any point where needed on the above-referenced land of GRANTOR, portions of which facilities may be installed immediately, and other portions installed in the future as the need develops; (2) said facilities shall be installed and/or relocated at locations mutually agreeable to the parties hereto; and (3) DEP agrees to promptly repair, at DEP's expense, any damages solely and directly resulting from DEP's maintenance or operational work, and to restore to the fullest extent practical the surface of GRANTOR'S property to substantially the same condition said property was in immediately preceding any work, ordinary wear and tear, and casualty excepted; provided, however, that in exercising said rights DEP agrees: (i) to install all anchors and guy wires permitted hereunder as close as practicable, in DEP's reasonable judgment, to the aforesaid easement area; (ii) that except in emergencies (as determined by DEP in its sole discretion), or to comply with any regulatory requirements, to use existing roads and paths to access said easement area, unless DEP determines, in its reasonable judgment, that such access is impracticable; and (iii)to conduct all work permitted hereunder in a professional and workmanlike manner. DEP acknowledges that GS 14-208.18 provides that it is unlawful for any person required to register as a sex offender under North Carolina law to knowingly be on a school site, and the violation of this law is a felony by the registered sex offender. In recognition of this law, DEP agrees not to assign any work that has to be performed in any easement area on property owned by the Board to any person known by DEP to be required to register as a sex offender as defined in G.S. 14-208.18 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: Penny Rich, Chair, Board of Commissioners ATTEST: Donna Baker, Clerk to the Board (Affix Official Seal) 4 NORTH CAROLINA, COUNTY I, , a Notary Public of County, North Carolina, certify that Donna Baker personally appeared before me this day and acknowledged that she is Clerk to the Board 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 Chairwoman, sealed with its official seal, and attested by herself as its Clerk to the Board. Witness my hand and notarial seal, this day of 12018. Notary Public My commission expires: