The URL can be used to link to this page

Home My WebLink AboutAgenda - 05-05-20; 8-h - Duke Energy Easement for Northern Campus Project 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 5, 2020 Action Agenda Item No. 8-h SUBJECT: Duke Energy Easement for Northern Campus Project DEPARTMENT: Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: Duke Energy Easement Steven Arndt, AMS Director, 919-245- 2658 Travis Myren, Deputy County Manager 919-245-2308 PURPOSE: To approve and authorize the Chair to sign an easement to Duke Energy at the site of the Northern Campus construction project, 1020 U.S. 70 West, Hillsborough, NC. BACKGROUND: On September 3, 2019, the Board voted to accept a Guaranteed Maximum Price (GMP) of $36,354,082 as presented by Bordeaux Construction for the development of the Orange County Northern Campus. The Campus, located on Highway 70 in Hillsborough, is intended to include a replacement Detention Center, Environment and Agriculture Center, and a Parks Base. Approval of this easement to Duke Energy with allow for the installation and ongoing maintenance of poles, cables, wires, underground conduits, enclosures/transformers, and vaults necessary to transmit and distribute electrical energy to the site. FINANCIAL IMPACT: Approval of this easement will not create a new financial obligation to Orange County. Any costs associated with the Duke electrical service equipment installation are contained within the GMP for the project. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Impact associated with this item. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal impact is applicable to this item: • ENVIRONMENTALLY PREFERABLE PURCHASING Promote the use of chemicals, materials, equipment, and systems which are officially recognized as to minimize environmental impacts. The power distribution equipment provided by Duke Energy is energy efficient and free of PCBs and other harmful chemicals. RECOMMENDATION(S): The Manager recommends that the Board: 1. Approve the Duke Energy Easement for the Northern Campus project located at 1020 U.S. 70 West, Hillsborough, NC; and 2. Authorize the Chair to sign and execute the easement on behalf of the County. 2 EASEMENT Prepared By: Name/No. NORTH CAROLINA Return To: Duke Energy Carolinas Attn: Patricia D. Roberts ORANGE COUNTY 4421 Hillsborough Rd Durham, NC 27705 THIS EASEMENT ("Easement") is made this day of 120 ("Effective Date"), from ORANGE COUNTY, ("GRANTOR,"whether one or more), to Duke Energy Carolinas, LLC, a North Carolina limited liability company("DEC"); its successors, licensees, and assigns. WITNESSETH: 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 19.33 acres, more or less and being the land described in deeds to Orange County, from 1) William Allen Holloway and wife, Donna R. Holloway, dated July 2, 2019, recorded in Deed Book 6625 Page 1990, 2) Betsy H. Tilley, widow, dated April 4, 2019, recorded in Deed Book 6445 Page 75, 3) Mary Hall Copeland, single, dated April 4, 2019, recorded in Deed Book 6445 Page 72, all of 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 twenty (20) 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 and/or where needed to serve adjoining lands, portions of which facilities may be installed immediately, and other portions installed in the future as the need develops; and (2) said facilities shall be installed at locations mutually agreeable to the parties hereto. 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: Chair, Board of Commissioners ATTEST: Clerk (Affix Official Seal) NORTH CAROLINA, COUNTY I, a Notary Public of County, North Carolina, certify that personally appeared before me this day and acknowledged that he(she) is Clerk 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 Chair, sealed with its official seal, and attested by self as its Clerk. Witness my hand and notarial seal, this day of 20 Notary Public My commission expires: