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Home My WebLink AboutAgenda 11-19-19 Item 8-c - Joint Driveway Easement – 306 Revere Road, Hillsborough 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 19, 2019 Action Agenda Item No. 8-c SUBJECT: Joint Driveway Easement — 306 Revere Road, Hillsborough DEPARTMENT: County Attorney ATTACHMENT(S): INFORMATION CONTACT: Draft Easement John Roberts, County Attorney, 245- Plat 2318 PURPOSE: To declare a joint driveway in the area of an existing driveway situated on the County's parcel at 306 Revere Road, Hillsborough. BACKGROUND: This item was brought to the County Attorney's attention by the attorney for Mercy Land Group, LLC, the owner of a parcel of property on Cedar Grove Road that is surrounded on three sides by the County's Revere Road property. The current owner consulted with the prior owners of the property, the Cooper family, and determined that the existing driveway servicing the house has been utilized as the sole driveway for many years. The gravel driveway is situated entirely on the County's Revere Road property. The owner is requesting a declaration of an easement of joint driveway so that the current and future owners of the Mercy Land Group, LLC parcel may continue to use the driveway for vehicular traffic to and from the house. The easement provides for an easement/driveway area 15 feet wide by 40 feet long, containing approximately 600 square feet, both within the Cedar Grove Road right of way and along the southern property line of the Mercy Land Group, LLC property. It also provides that Mercy Land Group, LLC and any future owners are solely responsible for maintaining the driveway unless the County or any subsequent owners of the County property choose to use the driveway at which time both parties would have joint responsibility for maintenance. The attached plat shows the approximate, not-to-scale, size and location of the proposed joint driveway. FINANCIAL IMPACT: There is no financial impact associated with this declaration. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this declaration. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this declaration. RECOMMENDATION(S): The Manager recommends the Board approve and authorize the Chair to sign the attached Declaration of Easement and Joint Driveway. 2 DECLARATION OF EASEMENT AND JOINT DRIVEWAY PIN#9864-89-6332 and PIN#9864-89-7423 Prepared by: D. Michael Parker Return to: Steve Roberts, 2008 Davis Road, Hillsborough,NC 27278 NORTH CAROLINA ORANGE COUNTY THIS DECLARATION OF EASEMENT AND JOINT DRIVEWAY, made this day of , 2019, by ORANGE COUNTY, a North Carolina body politic, Party of the First Part, (hereinafter referred to as "Orange County") and MERCY LAND GROUP, LLC, a North Carolina limited liability company,Party of the second Part, (hereinafter referred to as "Mercy Land"), WITNESSETH: WHEREAS, Orange County is the owner of the tract or parcel of Land located in Hillsborough Township, Orange County,North Carolina and described by the deed recorded in Deed book 825,page 602, Orange County Registry to which deed reference is hereby made for a more particular description of the same, which parcel is identified on the Orange County Land Records as PIN#9864-89-6332, and WHEREAS, Mercy Land is the owner of the adjacent tract or parcel of Land located in Hillsborough Township, Orange County,North Carolina and described by the deed recorded in Deed book 6431,page 549, Orange County Registry to which deed reference is hereby made for a more particular description of the same, which parcel is identified on the Orange County Land Records as PIN#9864-89-7423, and 1 3 WHEREAS,there exists a joint or shared driveway that provides access to the residence on the property owned by Mercy Land located along the common boundary of the properties of the parties and along the south side of the property owned by Mercy Land; and WHEREAS,the parties wish to bind themselves,their heirs, successors and assigns to provide for an easement for ingress and egress of the joint drive in perpetuity; NOW, THEREFORE,the parties agree for themselves,their heirs, successors and assigns and with any and all persons or other entities hereafter acquiring either of their respective properties, that the same shall be subject to the following easement for ingress and egress over and across the following described area: Beginning at the southeastern corner of the Mercy Land Group,LLC parcel(Shown on plat as the"Cooper Property") described by the deed recorded in Deed book 6431,page 549, Orange County Registry and running along the southern property line of the Mercy Land parcel South 69' 10' 57"West a distance of 40 feet to a point;running thence South 20'47' 18"East 15 feet to a point; running thence North 69' 10' 57"East to the center of the right of way to Cedar Grove Road(a distance of approximately 40'); running thence with the center of the right of way to Cedar Grove Road in a northerly direction to the place and point of BEGINNING as shown on a Plat entitled Carr's Supermarket, Inc., dated August 1, 1989 prepared by Alois Callemyn and recorded in Plat Book 54 at Page 12, Orange County Registry. The above described easement shall be appurtenant to and run with the said properties and inure to the benefit of and be binding upon the heirs, successors and assigns of the parties and other acquiring parties and persons. Article 1. The real properties which are, and shall be,held,transferred, sold and conveyed subject to the easement set forth herein are the parcels located in Hillsborough Township, Orange County,and are the parcel more particularly described by the deed recorded in Deed book 825,page 602, Orange County Registry to which deed reference is hereby made for a more particular description of the same, which parcel is identified on the Orange County Land Records as PIN #9864-89-6332 and the parcel more particularly described by the deed recorded in Deed book 6431, page 549, Orange County Registry to which deed reference is hereby made for a more particular description of the same, which parcel is identified on the Orange County Land Records as PIN #9864-89-7423. Article 2. Orange County and Mercy Land hereby grant unto each other and the future record owners of the aforesaid properties adjoining and abutting the joint drive as shown perpetual 2 4 ingress, egress and regress over and on the said joint drive for access to the improvements located on the respective properties. TO HAVE AND TO HOLD the above-described easement as an appurtenance to the respective properties,which easement shall run with the respective properties forever. Article 3. This Agreement shall run with and be appurtenant to the respective properties and shall be binding upon the heirs,successors,and assigns of each current and future record owner of the aforesaid property. When used in this Agreement,the singular shall include the plural,the masculine shall include the feminine and the neuter, and vice versa, as the meaning may require. Article 4. Mercy Land and all future owners of the parcel the parcel more particularly described by the deed recorded in Deed book 6431, page 549, Orange County Registry and identified on the Orange County Land Records as PIN #9864-89-7423 shall be solely responsible for maintaining the driveway as constructed over and across the joint driveway unless and until such time as Orange County or any future owner of the property described by the deed recorded in Deed book 825, page 602 and identified on the Orange County Land Records as PIN #9864-89-6332 should begin regular use of the said driveway for access,at which time the respective property owners shall bear on a pro-rata basis the cost of maintaining the driveway as constructed. If any owner liable under this agreement shall cause any extraordinary wear and tear on or damage to the driveway by using or causing the use of the driveway by others for the transportation of building materials,well drilling equipment,heavy trucks or other extraordinary use resulting in damage, then and in said event, said owner shall be responsible to pay such extraordinary costs of maintenance as are caused by such use. IN WITNESS WHEREOF,Orange County has caused this instrument to be signed under seal by the Chair of its Board of Commissioners and his signature attested by the Secretary to the Board of Commissioners and Mercy Land Group, LLC has caused this instrument to be signed under seal by its Manager,the day and year first above written. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] 3 5 ORANGE COUNTY (a North Carolina body politic) By: (SEAL) CHAIR, BOARD OF COUNTY COMMISSIONERS ATTEST: SECRETARY TO THE BOARD OF COUNTY COMMISSIONERS (CORPORATE SEAL) STATE OF NORTH CAROLINA COUNTY OF I, , Notary Public of the aforesaid County and State, do hereby certify that , personally appeared before me this day and acknowledged that he/she is Secretary to the Board of County Commissioners for Orange County, North Carolina and that by authority duly given and as the act of the said Board, the foregoing instrument was signed in its name by the Chair of the Board of County Commissioners, sealed with the corporate seal and attested by him/her as its secretary. Witness my hand and notarial seal,this the day of , 2019. NOTARY PUBLIC (SEAL) (PRINT OR TYPE NAME OF NOTARY PUBLIC) My commission expires: 4 6 MERCY LAND GROUP,LLC, a North Carolina limited liability Company By: (SEAL) STEPHEN W.ROBERTS,Manager ************************************************************************* NORTH CAROLINA COUNTY OF I, , Notary Public of the county and state aforesaid, do hereby certify that STEPHEN W. ROBERTS personally came before me this day and acknowledged that he is the Manager of MERCY LAND GROUP, LLC, a North Carolina limited liability Company, and acknowledged on behalf of the company, the due execution of the foregoing instrument. WITNESS my hand and official seal,this the day of , 2019. Notary Public Print or type Name of Notary Public My Commission Expires: 5 bxk5W Page, NOTE See pl/Pr asr/y of NRS,C C XEAfar by Cradle£RgdroarIV ca-Jw,,1960(F.6,.9-69) \ VICINITY MAP A/se so*p/o1 Pr.par/y S—f d for DAVID GATT/S A SUSAN GA TT/.S'by Ahv,Camp-✓ULY 12,1965. n�rX= \ o wr ca N3SrN CAROLNA \ N BOUNDARY SURVEY PROPERTY SURVEYED FOR CARR S SUPERMAR"T, INC �. N \ HILLSBOROUGH T11'Rr ORANGE ca,NORTH CAROLINA n i 3 Awwr /I /999 m - �.o rr zts�,CA%1p`, •QQy.,.L...Dij"• vi i r_ `P`. W _ � Y o F G yl G \ ;ALOf5 XUEMM,RLS 2544,CERTIFY TWAT THIS 57 YAP I 4RARf FROM AE ACYUa FIELD"VEY f- E 63-Ip ` FERFORY£O LWOEW YY MRECNON ANO$aVW- ° 5 \ VISION;THAT THE EAMON OF CWO E/S LESS �_ THIN HVIF;A; TROTH L/NE oItlr SURVEYED _ /NTE+PeNhG u a BMW Foe/omdX h krnNa W NF /05.39'/nw Fa41!-E Nm9 Aao E-F mrlF o/A,a EF ARE SXOYN w.S BROXEN LEES PLOTTED FROM THE f.46' REFEREECEO/NFO/IYAT/ON'INIT>SWAG MI5 a ry \ FRE N ACLOROAatE W?N GS 4f-10,AS IIIENOEV.NO£O. W/TNESS YY NANO ANB F+L%L SEAL THIS / OAr 'Af I�IG p15 \v� - NEL/S AFO LAND SLefl•EK1N RLWTNCAROteYe,ORANGE LOLi.'lY N \ Q +,SHERRY L.O/XLW,A Alp—p/BLK'LF rNE \W �' L'CLNTY AMO STYE AFdRESA/O,CERDFT rNAr wLOIS CALLS , A REG/STEREO LAND lARlETL1f,FERSOEILLY SIFAREOBEFOREYE y IN$OaY AND IGWOWCEOGEB TAW AVE EXELOI+ON R CF TEE FLYPELO+NB CERT/1- - WITNESS YY urva,S p \ +L,IIYO ANO O`FIC+AL SEAL TN/5/-OAY OF 2 Tf / 4.08 AOWS / AOTA L/L'� YY COY f55+W/EXPIRES EAY I l4,990 NOTF Pob/r C—P ss 3wr/om✓n/,ebu mfoam Poh+-c Nlemml P341•Bm,oy,/.g NORTH WROLW N Nma iv 8A M e/Ar B-A LT6 Pqp/� LiPANOE COUNTY E/lee 429'Am Fob/'B Nm9&e 8A, mN m,a�B-A. � - - \ s \ m TXEFOREOOLNO CENT/F/UTE L,m BE r L ECT M/S AMP P/S E-ED E0 fi I L AIA)ff TN/S YIF 1.PRESEd')EO FI .78' RAr V AND / RECORa�O%TN/S LIeF/CE'4-"F OCZ R rUa04YDal /189 Ar 4-AP dctacX per. c A\Ne 3T-20� /R ST� ED� /XST.a]S/T O P]C1.P!" \ �7 \\\\r"sry ° / N�-N-�N • This plat does not require approval. 0 August 1, 1989 D.�irector"t.r� Planning 2 � � \ 3 m aM.>X �ry ARC \ ee OWNERS ADDRESS- a REFEREWFS• REVISIONS o SCALE PaSa' 50 O 50 100 a^, --o-- /RLWPINSET �_` t& REGISTERED LAND SURVEYOR �— NA1L OR SPIKE SET EER CaW MON�MSer ------ _ - — ALOIS CALLEMYN t EwsrlmGCONC NOW cv"A!ST ° LAND SURVEYOR �.— MATHEMATICAL POINT �_ y I � T.M.#4.13A.2 PIN#9864-89-6332 -- - H1,LS80R0vc, vc, 19691II81{II00014434I isesnze000iggaap 54112