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HomeMy WebLinkAboutAgenda - 09-14-2021; 8-e - Easements for Valley Forge Road Construction with Town of Hillsborough 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 14, 2021 Action Agenda Item No. 8-e SUBJECT: Easements for Valley Forge Road Construction with Town of Hillsborough DEPARTMENT: Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: 1) Temporary Construction Easement and Steven Arndt, AMS Director, Drainage Utility Easement 919-245-2658 2) Drainage Utility Easement PURPOSE: To approve a temporary construction easement and two drainage utility easements at 401 Valley Forge Road, Hillsborough, NC to the Town of Hillsborough in order to facilitate the installation and maintenance of drainage improvements adjacent to the Valley Forge Road right of way. BACKGROUND: The County owns a 12.68 acre property located at 401 Valley Forge Road in Hillsborough. The property is zoned general commercial and contains a 105,000 square foot warehouse and distribution facility, currently leased to Builders First Source. Just before entering the County property, Valley Forge Road crosses over a large culvert servicing Cates Creek. Due to a series of heavy rainfall events, this culvert has washed out several times, requiring the Town of Hillsborough to perform costly temporary repairs to restore access. The Town has now advertised for bids and is preparing to perform a $900,000 permanent repair to the culvert and is requesting: 1) A temporary construction easement over, under, upon and through a 329 square foot area described as "Temporary Construction — Area A" and also depicted on Exhibit Map A as "TCE (Area A)" as shown in Attachment 1, such temporary easement being for the purpose of the installation of drainage improvements in the adjacent Valley Forge right of way. 2) A drainage and utility easement over, under, upon and through a 47 square foot area described as "Drainage and Utility Easement 3—Area A" and also depicted on Exhibit Map A as "DUE-3 (area A)" as shown in Attachment 1, the purpose of the easement being to install and maintain drainage improvements adjacent to the Valley Forge Road right of way. 2 3) A drainage and utility easement over, under, upon and through a 2,939 square foot area described as "Drainage and Utility Easement 1 and also depicted on Exhibit Map A as "DUE-1" as shown in Attachment 2,the purpose of the easement being to install and maintain drainage improvements adjacent to the Valley Forge Road right of way. FINANCIAL IMPACT: There is no financial impact for granting the temporary construction easement and drainage and utility easements as described in this request. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal is associated with this item: • RESULTANT IMPACT ON NATURAL RESURCES AND AIR QUALITY Assess and where possible mitigate adverse impacts created to the natural resources of the site and adjoining area. Minimize the production of greenhouse gases. RECOMMENDATION(S): The Manager recommends that the Board 1) Approve the temporary construction easement and two drainage and utility easements as described above; and 2) Authorize the County Manager to sign the necessary paperwork upon final County Attorney review. Attachment 1 3 Prepared by Robert E. Hornik,Jr. &Return to: The Brough Law Finn, PLLC 1526 E. Franklin St. Suite 200 Chapel Hill,NC 27514 ORANGE COUNTY NORTH CAROLINA TEMPORARY CONSTRUCTION EASEMENT AND DRAINAGE UTILITY EASEMENT THIS EASEMENT, made this day of September 2021, by and between Orange County, a North Carolina county, with its offices located at , Hillsborough, North Carolina 27278, ("Grantor"), and the Town of Hillsborough, a North Carolina municipal corporation, with its offices at 101 E. Orange Street, Hillsborough,North Carolina 27278 (the "Grantee"): WITNESSETH: That Grantor, as owner of certain real property located on Valley Forge Road in Orange County, North Carolina (PIN 9874303619) more specifically described in a deed recorded at Deed Book 3045, at Page 115 in the Orange County Register of Deeds office, for good, valuable, and adequate consideration, the sufficiency of which is hereby acknowledged, does hereby give, grant and convey to the Grantee the following: I. a temporary construction easement over, under, upon and through the area described as "Temporary Construction—Area A" in Exhibit B annexed hereto, such temporary easement being for the purpose of installation of drainage improvements in the adjacent Valley Forge Road right of way; said easement also being depicted on Exhibit Map A as"TCE(Area A)" and consisting of 329 Square feet in area. 2. a drainage and utility area easement over, under, upon and through the area described as "Drainage and Utility Easement 3 ----Area A" in Exhibit B annexed hereto, such easement being for the purpose of installing and maintaining drainage improvements in and adjacent to the Valley Forge Road right of way; said easement also being depicted on Exhibit Map A as "DUE-3 (Area A)" and consisting of 47 square feet in area. Attachment 1 4 Grantee shall interfere as little as is reasonably possible with any plants, fences, or other improvements upon the Grantor's property in exercising the rights granted herein and shall restore the area as nearly as possible to its original condition upon completion of the work. WHENEVER USED HEREIN, the singular number shall include the plural as the context may indicate. IN TESTIMONY WHEREOF, the said Grantor has hereunto set its hand and seal the year and day first above written. ORANGE COUNTY, Grantor BY: (Name) (Title) Orange County,North Carolina I, , a Notary Public for said County and State, do hereby certify that personally appeared before me this day in his/her capacity as for Grantor, Orange County, and acknowledged the due execution of the foregoing instrument in that capacity. Witness my hand and official seal,this the day of September, 202I. (Official Seal) Notary Public My commission expires: 2 ac hm HIBIT MAP "A1l 5 �- usWN THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN RFVIEWER BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND - OEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. c� YF+ VICINITY MAP NOT TO SCALE SITE ` a DUE �J L v1 Q O PIN: 9874311418 4903 SF DOUGLAS & KIMBERLY ROBINS D8 50881190, 3291/119 � A— 8) PB 1091194 v MSG •f.. I. -�W 41 SF ` . . R� PIN: 9874303619 {ARCH s) ,. ORANGE COUNTY DB 3045/115 11 C3I .A 324 SF 47 SF �.. n (AREA A) - {j N 841229',.276 E 1.9732.43.5777 � POB DUE-3 6 \ gyp. � N 841213.605 � E 1973224.1980 POH TCE LINE TABLE LINE # LENGTH OIRIrC710N DUE-I L7 30.66' N01.05'00"E f L2 11.25' S66'30'09"E L3 15-31' S66'30'09"E . L4 7.00' S5110'56',W f -- L5 25,00' S51,W03`W L6 13.56' 539'16'46E PIN: 9874303619 L7 7.95' fJ01ro5'DD"E ORANGE COUNTY LB 16.06' N3916'46"W f: DB 3045/115 I,BRANTLEY W.WELLS,PLS NO.4544,CERTIFY THAT GRAPHIC SCALE(IN FEET) THIS MAP WAS DRAWN FROM AN ACTUAL FIELD - - 20 0 10 20 40 80 SURVEY AND CORNERS WERE SET OR RECOVERED ' AS NOTED.THIS MAP DOES NOT CONFORM WITH G,S.47,30 AS AMENDED-WITNESS MY HAND AND SEAL THIS 18TH DAY OF MAY,2021-T 4111111111e1�, PIN 9874303619 SUMMIT JOB#18-00B1 SCALE 1"= 20' DRAWN BY BWW TOWN OF HILLSB EAS IRON PIN SET �������� TEMPORARY CONSTRUCTION ION EASEMENT& DRAINAGE UTILITY EASEMENT Ow EXISTING IRON PIPEIROO A MATHEMATICAL POINT(MPI DESIGN A1ID ENGINEERING SERVICES TCE(AREA-A)&DUE-3(AREA A) License 1:P-0339 v SEWER MANHOLE 320 Executive Court Hillsborough,NC 27 218-8 8 61 VALLEY FORGE ROAD,HILLSBOROUGH,NC POWER POLE 9aict:(9191132-3193 Fax:(9191 732-61176 tvwwsummisde.ne9 Attachment 1 6 SUBJECT PROPERTY: PROPERTY LOCATION: Off Valley Forge Road at Cates Creek, Hillsborough, NC PARCEL IDENTIFICATION NUMBER(PIN): 9871303619(Orange County Registry) PROPERTY OWNER: Orange County DEED REFERENCE: Deed Book 3045, Page 115, Orange County Registry SURVEYOR'S DESCRIPTION: Temporary Construction - Easement Area A All that portion of land situated in Hillsborough Township, Orange County, North Carolina and being more particularly described as follows: BEGINNING at a mathematical point on the northern margin of the right-of-way of Valley Forge Road, said point also being in the line of the lands owned by Orange County, having PIN 9871303619, and being as described in Deed Book 3045 Page 115 of the Orange County Registry, and having North Carolina State Plane Coordinates N: 841213.605, E: 1973224,198 (NAD 83- 2011), and being the point of beginning. Thence leaving the margin of the right of way of Valley Forge Road into the interior of the Orange County property NC Grid bearing N 01° 05' 00" E 30.66' to a mathematical point located on the property line of Orange County parcel PIN 9871303619 and Douglas and Kimberly Robins PIN: 9874311418 and described in Deed Book 5088 Page 190 and Deed Book 3291 Page 119 of the Orange County Registry. Thence with the Orange County and Robins property line S 66' 30' 09" E 11.25' to a mathematical point. Thence leaving the Orange County and Robins common line into the interior of the Orange County parcel bearing S 39" 16' 46" E 13.56' to a mathematical point on the margin to the northern right of way of Valley Forge Road. Thence with right od way of Valley Forge Road and Orange County property S 51° 1 F 03" E 25.00' to the Point of Beginning and encompassing and area of+/-329 square feet. Attachment 1 7 SUBJECT PROPERTY: PROPERTY LOCATION: Off Valley Forge Road at Cates Creek, Hillsborough, NC PARCEL IDENTIFICATION NUMBER(PIN): 9871303619(Orange County Registry) PROPERTY OWNER: Orange County DEED REFERENCE: Deed Book 3045, Page 115, Orange County Registry SURVEYOR'S DESCRIPTION; Drainage and Utility Easement 3-Area A All that portion of land situated in Hillsborough Township, Orange County, North Carolina and being more particularly described as follows: BEGINNING at a mathematical point on the northern margin of the right-of-way of Valley Forge Road, said point also being in the line of the lands owned by Orange County, having PIN 9871303619, and being as described in Deed Book 3045 Page 115 of the Orange County Registry, and having North Carolina State Plane Coordinates N: 841229.276, E: 1973243.677 (NAD 83- 2011), and being the point of beginning. Thence leaving the margin of the right of way of Valley Forge Road into the interior of the Orange County property NC Grid bearing N 39' 16' 46" W 13.56' to a mathematical point located on the property line of Orange County parcel PIN 9871303619 and Douglas and Kimberly Robins PIN: 9874311418 and described in Deed Book 5088 Page 190 and Deed Book 3291 Page 119 of the Orange County Registry. Thence with the Orange County and Robins property line S 66' 30' 09" E 15.31 to a mathematical point located on the northern marginal of the right of way of Valley Forge Road. Thence with the Valley Forge Road right of way and Orange County property S 51° 10' 56" E 7.00' to a mathematical point on the margin to the northern right of way of Valley Forge Road and being the Point of Beginning and encompassing and area of+/-47 square feet. Attachment 2 8 Prepared by Robert E. Hornik,Jr. & Return to: The Brought Law Firm, PLLC 1526 E. Franklin St. Suite 200 Chapel Hill,NC 27514 ORANGE COUNTY NORTH CAROLINA DRAINAGE UTILITY EASEMENT THIS EASEMENT, made this day of September 2021, by and between Orange County, a North Carolina county, with its offices located at , Hillsborough, North Carolina 27278, ("Grantor"), and the Town of Hillsborough, a North Carolina municipal corporation, with its offices at 101 E. Orange Street, Hillsborough,North Carolina 27278 (the "Grantee"): WITNESSETH: That Grantor, as owner of certain real property located on Valley Forge Road in Orange County, North Carolina (PIN 9874303619) more specifically described in a deed recorded at Deed Book 3 04 5, at Page 115 in the Orange County Register of Deeds office, for good, valuable, and adequate consideration, the sufficiency of which is hereby acknowledged, does hereby give, grant and convey to the Grantee a drainage and utility area easement over, under, upon and through the area described as "Drainage and Utility Easement 1" in Exhibit B annexed hereto, such easement being for the purpose of installing and maintaining drainage improvements adjacent to the Valley Forge Road right of way; said easement also being depicted on Exhibit Map A as "DUE- I" and consisting of 2939 square feet in area. Grantee shall interfere as little as is reasonably possible with any plants, fences, or other improvements upon the Grantor's property in exercising the rights granted herein and shall restore the area as nearly as possible to its original condition upon completion of the work. WHENEVER USED HEREIN, the singular number shall include the plural as the context may indicate. Attachment 2 9 IN TESTIMONY WHEREOF, the said Grantor has hereunto set its hand and seal the year and day first above written. ORANGE COUNTY, Grantor BY: (Name) (Title) Orange County,North Carolina a Notary Public for said County and State, do hereby certify that personally appeared before me this day in his/her capacity as for Grantor, Orange County, and acknowledged the due execution of the foregoing instrument in that capacity. Witness my hand and official seal,this the day of September, 2021. (Official Seal) Notary Public My commission expires: 2 �S �A 10 EXHIBIT MAP "Bit THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS. VICINITY MAP��`�� �N NOT TO.SCALP SITE 4903 SF Dill-;3, (AREA_6) 1�119 2 a, 8 q Icy- fAREA-BJ. A:' QQ � O 0 5F 'fix 329 SF N :. (AREA A) 136_. IF? ✓ D ✓ FAO_Q a o�2: 0 & >tO. �A :,pd y N 841171.468 0t1E;I E 7973258.7110 I Poe OL1E-1 939 SF-J. ✓ L5 PIN. 94174303619 t ORANGE COUNTY DS 3045/115 LINE TABLE LWE ' LENGTH biREETION Lt 67-55' N51`11'03"E L2 60.53' S39:55'59i°E L3 43.2�' 551143�i4°W 1YWWj6�111ri1,1�I7�111Jf/' 0 34.00' N3916'46"W �`'�� �• a� �i'. L5 36:85' tv82'00'01"W r` Ib Z,r'���,frl it _ SEAL GRAPHIG SCALE(IN FEET) 1,BRANTLEY W.WELLS,PLS 140.4544.CERTIFY THAT — - THIS MAP WAS DRAWN FROM AN ACTUAL FIELD 20 0 10 20 40 80 SURVEY AND CORNERS WERE SET OR RECOVERED r AS NOTED,THIS MAP DOES NOT CONFORM WITH GS_ 47-30 AS AMENDED. WITNESS MY HAND AND r_ _ /A• L �� '%yz � SEAL THIS 18TH DAY OF MAY,2021. /lllllll H I I IlJ\W\ PIN 9874303619 SUMMIT JOB#1"081 SCALE 1"= 20' DRAWN BY FIWW TOWN OF HILLSBOR4UGH Q IRON PIN st_I' ������ DRAINAGE UTILITY EASEMENT 0 EXISTING IRON PIPEsROD A MATHEMATICAL POINT(MP 1 DESIGN AND ENGINEERING SERVICES DUE—'I License 0:P-0339 © SEINER MANHOLE 320 Executive Court HillsborougSh,KC 27278-5561 VALLEY FORGE ROAD,HILLSBOROUGH,NC POWER POLE voice:(9 19)15 2-3118 3 F=19191)2 2-6675 www.summilde.aet Attachment 2 11 SUBJECT PROPERTY: PROPERTY LOCATION: Off Valley Forge Road at Cates Creek, Hillsborough, NC PARCEL IDENTIFICATION NUMBER(PIN): 9871303619(Orange County Registry) PROPERTY OWNER: Orange County DEED REFERENCE: Deed Book 3045, Page 115, Orange County Registry SURVEYOR'S DESCRIPTION: Drainage and Utility Easement 1 All that portion of land situated in Hillsborough Township, Orange County, North Carolina and being more particularly described as follows: BEGINNING at a mathematical point on the southern margin of the right-of-way of Valley Forge Road, said point also being in the line of the lands owned by Orange County, having PlN 9871303619, and being as described in Deed Book 3045 Page 115 of the Orange County Registry, and having North Carolina State Plane Coordinates N: 841171.408, E: 1973258.711 (NAD 83- 2011), and being the Point of Beginning. Thence with the margin of the southern right of way of Valley Forge and Orange County property NC Grid bearing N 51° I F 03" E 67.55' to a mathematical point in the Orange County parcel and property owned by the Town of Hillsborough, having PIN 9874400466 and being described in Deed Book 5495 Page 185 and Deed Book 1423 Page 96 of the Orange County Registry. Thence with common line of Orange County and Town of Hillsborough properties S 39' 55' 59" E 60.53' to a mathematical point in the common line. Thence leaving to common line of County and Town lands, into the interior of Orange County bearing S 50 43' 14" W 43.23' to a mathematical point. Thence N 39' 16' 46" W 34.00' to a mathematical point; thence N 82' 00' 01" W 36.85' to mathematical point on the southern right of way of Valley Forge Road and being the Point of Beginning and encompassing and area of+/-2,939 square feet.