HomeMy WebLinkAboutAgenda - 06-23-2005-5iORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 23, 2005
Action Agenda
Item No. 5-j
SUBJECT: OWASA Requested Sewer Easement Across County-Owned property in
DEPARTMENT: County Manager/Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
OWASA Letter with Attachments
Aerial Photo/Property Maps
INFORMATION CONTACT:
Pam Jones, ext 2650
Paul Thames, ext. 2300
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider a request from OWASA that the County provide an easement across
a tract of County-owned property in Carrboro for the purpose of installing a gravity sewer main.
BACKGROUND: Orange County currently owns, by virtue of a 1977 property tax lien, a parcel
of land (Pin # 9778975883, TMBL 7.93.F.2, shown on the attached aerial photo-maps) in a
residential neighborhood in Carrboro. This parcel, a lot at 106 Hill Street, lies at the southwest
corner of the intersection of Broad and Hill Streets. The attached aerial photo/property maps
show that there are a number of similarly sized lots (approximately 50' x 150') in the immediate
neighborhood that are developable and that do contain dwellings. However, the County-owned
lot is encumbered by the 25' setback from the road right-of-way on the east side and by a
drainage channel (and a drainage structure on the northeast) with a 30' wide steam/drainage
way buffer bisecting the lot on anortheast-southwest axis. Given lot dimensions, setbacks and
buffers, the lot could not be considered to be developable without a "Special Exception" from
the stream buffer and setback requirements of the Carrboro Land Use Ordinance. Even then, a
structure could not exceed 20' in width and the lot would require the use of an approved
engineered drainage design strategy to overcome the development limitations imposed by the
drainage channel. As of this date, the lot has access to OWASA water lines and service, but
does not have access to OWASA sewer lines or service.
OWASA is currently in the process of designing modifications to aspects of its sewer collection
system in the vicinity of Starlite Drive and Broad and Hill Streets. The modifications involve
eliminating two wastewater pumping stations (Lloyd Street and Starlite Drive) with associated
force mains and extending gravity sewer lines in the vicinity of the County property. According
to OWASA, these modifications will eliminate pump station wastewater spills and overflows
associated with power outages and mechanical equipment failures; reduce OWASA's electrica
and maintenance costs; and provide sewer access to several area properties not currently
having such access (including the lot at 106 Hill Street).
OWASA's new gravity sewer collector layout (see attached OWASA project map) provides for
the installation of a gravity line along the southern property line of the lot at 106 Hill Street.
OWASA has requested that the County grant a 15' wide sewer easement (10' of which is
already included in the existing setback from the property line) across the southern end of the
property (see attached easement drawing). As the lot is essentially un-developable, it does not
appear that granting the requested easement would materially affect the utility or value of the
lot.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager, in recognition that:
the proposed easement does serve an important public purpose by helping address an
existing and undesirable situation involving potential sanitary sewer overflows and spills
from the existing pump stations;
the proposed easement and sewer construction does not materially impair either the
buildability or the value of the County's property at 106 Hill Street; and
the availability of sewer service to 106 Hill Street actually could actually enhance the
value and utility of the property should the Special Exceptions or variances necessary to
develop the property be obtained,
recommends that the BOCC direct staff to:
1) prepare the documents necessary to assign the requested easement to OWASA under
the signature of the Chair, and
2) develop/evaluate strategies necessary to preserve the lot as permanent open space for
Board approval.
OWASA ORANGE WATER & SEWER AUTHORITY
Qualirv Service Since 197%
May .3, 2005
Ms. Pam Jones
Property Manager
Orange County Purchasing Office
P.O. Box 8181
Hillsborough, North Carolina 27278
Subject: Lloyd Street and Starlite Ihive Pump Stations Phase Out Project
Easement Request for Gravity Sewer Extension
Deaz Ms. Jones:
OWASA is currently preparing a design to extend the gravity sewer in the area of Stazlite Drive
and Broad and Hill Streets and to decommission and remove the existing pump stations on Lloyd
Street and Starlite Dtive. Please see the enclosed map for a detailed view of the project area. As
we discussed via telephone on May 20, 2004, in order to construct the sewer, OWASA is
requesting a sewer easement ac>;oss the parcel located at 106 Hill Street in Canboro. The parcel
is recorded on page 482 of Deed Book No. 270 and is owned by Orange County. The proposed
easement is shown on the enclosed plat.
It is one of OWASA's long-term goals to replace pump stations and force mains with gravity
flow systems.. The phase out of pump stations eliminates potential wastewater spills and
overflows associated with power outages as well as reducing OWASA's electrical and
maintenance costs, which in turn provides a savings to our customers.. In addifion, this project
will provide sewer access to several properties which do not currently have access to the
OWASA sewer system, including the parcel at 106 Hill Street.
The proposed easement exhibit and the written legal description of the easement are enclosed. If
these documents are acceptable to the Orange County Purchasing Office, please have the
appropriate county official sign each copy with notarization and return them to OWASA at 400
Jones Ferry Road, Carrboro, North Carolina 27510, Attention: Alexandra .Jones.
If'you have any questions please feel free to call me at 537-4276.
Sincerely,
E. Alexandra Jo , P.E.
Utilities Engi er
Cc: Stuart Cazson, P.E.
Enclosures
3
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PO Bus 366 Printed on Receded Paper F.AX (919j 968-4464
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Carrboro. NC 275100366
Vicinity Map
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Approximate Location of New Sewer Following
Closing of Lloyd St. &Starlite Dr. Pump Stations
5
NORTH CAROLINA
ORANGE COUNTY DEED OF EASEMENT
THIS DEED, made and entered into this the day of ,
20_, by and between ORANGE COUNTY hereinafter referred to as GRANTOR, and
ORANGE WATER AND SEWER AUTHORITY, a public body and body politic and corporate
created and existing under Article 1, Chapter 162A of the General Statutes, with its principal
office at 400 Jones Ferry Road in Carrboro, North Cazolina hereinafter referred to as
GRANTEE;
WITNESSETH:
THAT WHEREAS, the ORANGE WATER. AND SEWER AUTHORITY has
constructed and proposes to construct a sewage system for the use of its citizens and for that
purpose has constructed and proposes to construct lines of pipe and mains necessary for the
proper transmission of sewage:
NOW, THEREFORE, in consideration of the sum of One and No/100 ($1.00) Dollaz
and other good and valuable considerations paid to the GRANTOR, the receipt of all of which is
hereby fully acknowledged, the said GRANTOR does hereby give, grant, quitclaim, and convey
unto the ORANGE WATER AND SEWER AUTHORITY, its successors and assigns, the right,
lv
privilege, and perpetual easement to go in and upon a strip of land described herein and owned
by the GRANTOR, lying and being in the Town of Carrboro, Orange County, North Carolina,
the said strip of land being more particularly described as follows:
BEING ALL OF THAT AREA OF LAND SHOWN AS THE SEWER.
EASEMENT AREA LOCATED ON GRANTOR'S LOT AS SHOWN ON THAT
SURVEY PREPARED BY ROBIN L, LEE, DATED OCTOBER 29, 2003,
ATTACHED HERETO AS EXHIBIT "A" AND EXHIBIT "B" AND
INCORPORATED HEREIN, TO WHICH SURVEY REFERENCE IS HEREBY
MADE FOR A MORE PARTICULAR DESCRIPTION OF SAID EASEMENT,
And, the ORANGE WATER AND SEWER AUTHORITY, GRANTEE, shall have the
right to construct and maintain in, under and/or above, along and through said strip of land one
or more lines of pipe and manholes for the purpose of'transmitting sewage as aforesaid, together
with the right to construct and maintain in, under, above, and along said easement such mains
and manholes as shall be necessary in connection with the proper construction and operation of
said sewage line; GRANTEE shall also have the right of ingress and regress through, over, and
across the land of'the GRANTOR to and from said strip at such times as GRANTEE deems it
necessary for the purpose of constructing, maintaining, and inspecting said lines and of making
all necessary alterations and repairs thereto; the lines of pipe shall be located at such point or'
points, elevation or elevations below or above the surface of the earth as shall be necessary, for
proper operation of the system, and shall be established at the proper grade for running said lines
and for conveying sewage as aforesaid, and said mains and manholes, if any, shall be at such
point below or above the surface of the earth as maybe necessary for the proper operation of said
pipe line or lines; and GRANTEE shall have the right, privilege and easement to tap the line or
lines and construct sewer laterals from the main to the outside boundary of the right-of--way over
which this easement and privilege extends; and, GRANTEE shall have the privilege, easement,
and right to clear and keep cleared the full width of the easement of and from brush, plants, trees,
and any and all other materials, obstructions, structures, and encroachments of any kind;
The owner of the fee shall retain the right to cultivate the ground lying within the
boundaries of the easement, provided that such cultivation shall not interfere with the right of the
GRANTEE herein named of ingress and egress to said easement for the purpose of maintenance
and repair of said sewer main or mains or the construction and repair of sewer laterals and
connections, and such cultivation shall not interfere with GRANTEE's maintenance operation or
installation of the lines; GRANTEE shall also have the right at such times as may be convenient
to its purposes of ingress and egress to and from the said easement over GRANTOR's land
adjacent to the said easement to any adjoining lands or public rights of way; and provided further
that in all cases where there are roads or streets across the tract of land sufficient for the purpose
of convenient egress, ingress, and regress, in, to, and from said strip of land, such roads or streets
shall be used by the said ORANGE WATER. AND SEWER. AUTHORITY when it is necessary
to come in and upon said strip of land for the purposes aforesaid.
No building or structure of any kind, except such as constructed by ORANGE WATER
AND SEWER AUTHORITY, shall be located or erected upon the above described easement.
It is understood and agreed by the parties that the execution and delivery of this deed of
easement by the GRANTOR and its acceptance by the Authority shall not obligate the
GRANTEE to construct a sewer line or permit connections to its sewer system. And, it is further
understood and agreed that failure of the GRANTEE to construct improvements within the said
strip of land and/or to cleaz or keep cleared said strip of land shall not impair in any way the
rights, privileges and easements conveyed to the GRANTEE hereunder.
TO HAVE AND TO HOLD all singular the rights, privileges, and easements as
aforesaid, in, along, upon, and through said premises to the said ORANGE WATER AND
SEWER AUTHORTTY, and its successors and assigns forever.
And the GRANTOR covenants with the GRANTEE that it is seized of the premises in
fee simple, has the tight to convey the rights, privileges and easements which aze granted herein,
that title is free and clear of all liens and encumbrances which may affect the said rights,
8
privileges and easements conveyed herein, and the said GRANTOR will warrant and defend the
title to said easements against the claims of all persons or parties whomsoever.
IN WITNESS WHEREOF, Orange County has caused this instrument to be executed
the day and yeaz first above written.
ORANGE COUNTY
By:
ATTEST:
County Clerk
(CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I, a Notary Public in and for the ccunty and state aforesaid, do certify that
personally appeared before me this day and acknowledged that he/she is the
County Clerk of Orange County, N.C. and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its ,sealed
with its corporate seal and attested by him/her as its County Clerk.
Witness my hand and notorial seal this day of , 20
Notary Public
My commission expires:
PVIIH ANY AI'PLICABIE LAND~DEVELOPMENT REGULATIONS.
NOTE NNY ~ o
1. ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES ~+
IN U.S SURVEY FEET. (UNLESS OTHERWISE STATED) z~ u
2 NO NC GRID MONUMENT IS WITHIN 2000' OF SURVEYED TRACT o~ $
3 ALL BEARINGS ARE BASED ON SEWER ASBUILT INFORMATION !~~'. p~ i o
PROVIDED BY OWASA. )!,, °~" ~
4 THIS SURVEY PERFORMED AND MAP PREPARED WITHOUT THE ;~li!• o'^ C
BENEFIT OF A TITLE REPORT, THIS SURVEY IS SUBJECT ±~ ¢ ~ ~1£AyFR sr
TO ANY FACTS AND EASEMENTS WHICH MAY BE DISCLOSED {,1~, ~~ t+51, w. nose
BY A FULL AND ACCURATE TITLE SEARCH ~ny~. z~ E 1dN
5. AREA WAS COMPUTED BY COORDINATES METHOD. "1" ~^ VICINITY MAP
a (NOT 70 SCALE)
AREA IN 30' SEWER EASEMENT = 0.017 ACRES 3
741 S0. FT, o
HILL STREET '
(qg' PUBLIC R~W) 149.9~,,,
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1 PIN// 9778-97-5761 IPF
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EASEMENT ,s
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to 6 46.
LINE TABLE
LINE BEARING LENGTH
li NDB'20'14"W 15.00
L2 N81'39'46"E M17.M15
L3 S29'3T26"E 6.86
L4 SOB'20'1 M1"E 8.61
LS Sel'39'46"W 49.94
I. ROBIN k<`7.'~$~i RL ~r~759
HEREBY_ Yc 2.°°= f(i a~0' SEWER EASEMENT WAS
THE RPTIO~OF F~~El,$ION IS BETTER rr AN 1:10~-,~0'0'0
WITNESS. MY HdNCN.71fN4)SEAL TTiIS LAY OF •.14f.Y~S°~_ 2004.
I DRAWING NAMk'~Jft7g1E-;1,4~9001'1.UWG nE"sco: s-n-a io so•
MANHOLE /j 71-D7-004
NC GRID COORDINATES E
ON OWASA RECORDS
N 787419J2
E 1979901.08
MANHOLE /{ 71-D7-006
NC GRID COORDINATES BASED
ON OWASA RECORDS.
N 787150 55
E 197993h.5D
IPF IRON PIPE FOUND
IRE IRON ROD FOUND
PK PK NAIL
SQ. FT SQUARE FEET
SSMH MANHOLE (SEWER)
~ CALCULATED POINT
SCALE: i" =50'
EXNIr~1T A ~„~..~.,~,., ~o~,,,.,,,,,,,. , "„
~~j ~',I~,~,'+C'~~~ 30' SANITARY SEWER EASEMENT
v ACROSS PROPERTY OF
ENGINEERS, SURVEYORS, AND PLANNERS ORANGE COUNTY
200 Macl(ENAN DRIVE FOR
sulrE 20o ORANGE WATER AND SEWER AUTHORITY
GARY N.C. 27511
TEL:(919)233-8091 SCALE: i•'=50 DATE: 10-29-03
ruePEi uui TOWNSHIP nRANf.F COUNTY NORTH CAROLINA
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" Thls map conlalns parcoL preparetl (or Iho inventory of roal propely within N
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_•~• Oranga County, and is compiled from recordatl deed, plats, and other public
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records and data Users of Ihis map are hereby nolifed Thal Iho aforemontionetl
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public primary information sources shoultl be consulted for verification of Iha
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n.r r•.,..mor.a information conlainod on Ihis ma The couN and its ma in com anies assumo
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rw.nunm no IeBal responsibility (or the Information conlainetl on Ihis map
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~ ~„ This map contains parcols prepared for the inventory of real propoty within N
F~°+aw rw~+• Orange County, antl is cpmpiletl Irom recorded deed, plats, and other public
°tr.°'° records antl tlala Userc of Ihis map are hereby nolifetl that the aloremenlioned
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public primary inlormalion sources should be consulted for venfcalion of the 1:360
r°a ra.°•x,nr..i inlormalion conlalnetl on Ihis map Tho county antl its mapping companies assume
., rw.•x~p• no legal responsibility for the Inlprmalion contained on Ihis map
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