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Home My WebLink AboutAgenda 06-18-19 Item 8-m - Phillip Nick Waters Emergency Services Stormwater Control Measure Access and Maintenance Easement and Agreement with Town of Hillsborough ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 18, 2019 Action Agenda Item No. 8-m SUBJECT: Phillip Nick Waters Emergency Services Stormwater Control Measure Access and Maintenance Easement and Agreement with Town of Hillsborough DEPARTMENT: Asset Management Services, County Attorney, & Environment, Agriculture, Parks & Recreation ATTACHMENT(S): Stormwater Control Measure Access and Maintenance Easement and Agreement with Exhibit A – Stormwater BMP Easement INFORMATION CONTACT: Angel Barnes, Capital Projects Manager, 919.245.2628 Travis Myren, Deputy County Manager, 919.245.2308 PURPOSE: To: 1) Approve a Stormwater Control Measure Access and Maintenance Easement and Agreement with the Town of Hillsborough for the Orange County Phillip Nick Waters Emergency Services Stormwater Control Measures; and 2) Authorize the Chair to sign the necessary paperwork upon final County Attorney review. BACKGROUND: The Town of Hillsborough is requesting a Stormwater Control Measure Access and Maintenance Easement and Agreement for the Orange County Phillip Nick Waters Emergency Services facility located at 510 Meadowlands Drive, Hillsborough. In 2014 the stormwater system was installed to meet the required standards. This agreement is to grant access to the stormwater control measures for required inspections. FINANCIAL IMPACT: There is no financial impact for granting this Stormwater Control Measure Access and Maintenance Easement and Agreement. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board 1) approve a Stormwater Control Measure Access and Maintenance Easement and Agreement with the Town of Hillsborough for the Orange County Phillip Nick Waters Emergency Services Stormwater Control Measures; and 2) Authorize the Chair to sign the necessary paperwork upon final County Attorney review. 1 Page 1 of 3 Prepared by and Return to: Heather Fisher, AICP, Stormwater Coordinator, Town of Hillsborough Planning Department, Stormwater and Environmental Services Division, P.O. Box 429, Hillsborough, NC 27278 STATE OF NORTH CAROLINA STORMWATER CONTROL MEASURE ACCESS COUNTY OF ORANGE AND MAINTENANCE EASEMENT AND AGREEMENT PIN: 9874-80-2738 This STORMWATER CONTROL MEASURE ACCESS AND MAINTENANCE EASEMENT AND AGREEMENT (“Easement and Agreement”), made this ______day of ___________________, 2019, by Orange County, a North Carolina county, whose principal address is 200 South Cameron Street, P.O. Box 8181, Hillsborough, NC 27278 (hereafter “Grantor”), with, to, and for the benefit of the Town of Hillsborough, a municipal corporation of the State of North Carolina, whose address is 101 East Orange Street, P.O. Box 429, Hillsborough, North Carolina 27278 (hereinafter “Grantee” or “Town”). WITNESSETH: THAT WHEREAS, Grantor is the owner in fee simple of certain real property, situated in the Town of Hillsborough, Hillsborough Township, County of Orange, North Carolina and more particularly described as follows: All of the 3.00 acres shown as Lot A on the plat and survey by Alois Callemyn Land Surveyors entitled “Subdivision of Property Surveyed for Meadowlands Associates” recorded in Plat Book 75, Page 146 of the Orange County Registry; it being the same land conveyed to the Grantor by deed recorded in Book 4013, Pages 40 through 42 in the Office of the Register of Deeds for Orange County (hereafter referred to as “Property”); and WHEREAS, the property is located within the planning jurisdiction of the Town of Hillsborough, and is subject to certain requirements set forth in the UDO (Unified Development Ordinance) of the Town, (hereafter “Hillsborough UDO”), as such may be amended from time to time; and WHEREAS, one of the conditions for development of the Property is the granting or dedication of a Stormwater Control Measure easement, which includes the implementation of certain stormwater practices such as, but not limited to, the construction, operation and maintenance of engineered stormwater control measure(s) as provided in the Hillsborough UDO; the dedication of an access easement for inspection and maintenance of the Stormwater Control Measure easement areas and engineered structures; and the assumption by Grantor of certain specified maintenance and repair responsibilities; and 2 Page 2 of 3 WHEREAS, this Easement and Agreement has been procured in accordance with the requirements of NCGS Section 143-211 et. seq. and Section 6 (Development Standards), Subsection 6.20 (Stormwater Management) of the Hillsborough UDO. NOW, THEREFORE, for a valuable consideration, including the benefits Grantor may derive therefrom, the receipt of which is hereby acknowledged, Grantor has dedicated, bargained and conveyed and by these presents does hereby dedicate, bargain, sell, grant and convey unto the Grantee, its successors and assigns, a perpetual, and irrevocable right and easement in, on, over, under, through and across the Property (1) for a STORMWATER CONTROL MEASURE easement (“hereafter SCM Easement”) of the nature and character and to the extent hereinafter set forth, more particularly shown, described and identified as “20’ BMP Access Easement” and “30’ X 70’ BMP Maintenance Esmt. for Sandfilter” as shown on Exhibit A entitled “Stormwater BMP Easement” which is attached to and made a part of this document; upon which Grantor shall construct, maintain, repair and reconstruct stormwater control measure(s), including detention pond(s), pipes and water control structures, sand filters, berms and dikes, and shall establish and maintain vegetative filters and groundcovers; and (2) an access easement more particularly shown and described on the attached Exhibit herein referenced, for the purpose of permitting Town inspection and, if necessary, maintenance and repair of the SCM Easement and engineered structure(s) as more fully set forth herein and in the Hillsborough UDO. The terms, conditions, and restrictions of the Stormwater Control Measure Access and Maintenance Easement are: 1. Grantor represents and warrants that Grantor is financially responsible for construction, maintenance, repair and replacement of all stormwater control measures, appurtenances and vegetation, including the impoundment. Grantor agrees to perform the maintenance as outlined in the Operations and Maintenance Agreement recorded at Book 6468, Page 214 of the Orange County Registry and in consideration of the Certificate of Compliance with stormwater regulations received for Property. 2. If Grantor fails to comply with these requirements, or any other obligations imposed herein, in the Hillsborough UDO or Operations and Maintenance Agreement, the Town of Hillsborough may perform such work as Grantor is responsible for and recover the costs thereof from Grantor. 3. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee, its officers, employees, and agents may enter Stormwater Control Measure and Access and Maintenance Easement whenever reasonably necessary for the purpose of inspecting same to determine compliance herewith, to maintain same and make repairs or replacements to the engineered stormwater control measure(s) and appurtenances and conditions as may be necessary or convenient thereto in the event Grantor defaults in its obligations and to recover from Grantor the cost thereof, and in addition to other rights and remedies available to it, to enforce by proceedings at law or in equity the rights, covenants, duties, and other obligations herein imposed. The Grantor shall in all other respects remain the fee owner of the Property and area subject to these easements, and may make all lawful uses of the Property not inconsistent with these easements. The Grantee does not waive or forfeit the right to take action to ensure compliance with the terms, conditions and purposes of this Easement and Agreement by a prior failure to act. The Grantor agrees that the terms, conditions and restrictions of this easement will be promptly recorded by Grantor in the Orange County Registry. The designation Grantor and Grantee shall include the parties, their heirs, successors and assigns. TO HAVE AND TO HOLD the aforesaid rights, privileges, and easements herein granted to the Grantee, its successors and assigns forever and the same Grantor does covenant and that Grantor is seized of said premises in fee and has the right to convey the same, that except as set forth below the same are free from encumbrances and that Grantor will warrant and defend the said title to the same against claims of all persons whosoever. 3 Page 3 of 3 The covenants agreed hereto and the conditions imposed herein shall be binding upon the Grantor and its agents, personal representatives, heirs and assigns and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity with the above described land. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its name, the day and year first above written. Orange County, a North Carolina county By: _______________________________________ Penny Rich Chair, Orange County Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF ________________________ I, __________________________________, a Notary Public of the County and State aforesaid, certify that Penny Rich, Chair of the Orange County Board of Commissioners, personally appeared before me this day and acknowledged the execution of the foregoing instrument. WITNESS my hand and notarial seal, this the ____ day of ____________________, 20___. ______ ____________________________________ Notary Public My commission expires: ____________________, 20____. 4 5