HomeMy WebLinkAboutAgenda 11-16-2021; 8-e - Orange County Sportsplex Field House Stormwater Control Measure Access and Maintenance Easement and Agreement with Town of Hillsborough (103 Meadowlands Drive, Hillsborough) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 16, 2021
Action Agenda
Item No. 8-e
SUBJECT: Orange County Sportsplex Field House Stormwater Control Measure Access
and Maintenance Easement and Agreement with Town of Hillsborough (103
Meadowlands Drive, Hillsborough)
DEPARTMENT: Asset Management Services,
County Attorney, Environment,
Agriculture, Parks & Recreation
ATTACHMENT(S): INFORMATION CONTACT:
Stormwater Control Measure Access and Angel Barnes, Capital Projects Manager,
Maintenance Easement and 919.245.2628
Agreement Steven Arndt, Asset Management
Exhibit C — Stormwater BMP Easement Services Director, 919.245.2658
PURPOSE: To:
1) Approve a Stormwater Control Measure Access and Maintenance Easement and
Agreement with the Town of Hillsborough for the Orange County Sportsplex Field House
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 Sportsplex Field House facility
located at 103 Meadowlands Drive, Hillsborough. In 2018 the stormwater system was installed to
meet the required standards. This agreement is to grant Town of Hillsborough staff access to the
stormwater control measures for required inspections.
FINANCIAL IMPACT: There is no financial impact with granting this Stormwater Control Measure
Access and Maintenance Easement and Agreement.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of environmental
laws, regulations, policies, and decisions. Fair treatment means that no group of people
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should bear a disproportionate share of the negative environmental consequences
resulting from industrial, governmental and commercial operations or policies.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
is applicable to this item:
• RESULTANT IMPACT ON NATURAL RESOURCES AND AIR QUALITY
Assess and where possible mitigate adverse impacts created to the natural resources of
the site and adjoining area. Minimize production of greenhouse gases.
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 Sportsplex Field House
Stormwater Control Measures; and
2) Authorize the Chair to sign the necessary paperwork upon final County Attorney review.
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Prepared by and Return to: Heather Fisher,AICP,Stormwater Coordinator,Town of Hillsborough Planning Department,
Stormwater and Environmental Services Division, 101 East Orange Street,P.O.Box 429,Hillsborough,
NC 27278
STATE OF NORTH CAROLINA STORMWATER CONTROL MEASURE
COUNTY OF ORANGE EASEMENT AND MAINTENANCE AGREEMENT
PINS: 9874-71-1038,9874-71-5479,9874-71-6466,and
9874-71-7383
This STORMWATER CONTROL MEASURE EASEMENT AND MAINTENANCE AGREEMENT("Easement and
Agreement"),made this day of 20___,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,NC 27278(hereinafter"Grantee"or"Town").
WITNESSETH:
THAT WHEREAS,Grantor is the owner in fee simple of certain real properties situated in the Town of Hillsborough,
Hillsborough Township,Orange County,North Carolina and more particularly described as follows:
PIN 9874-71-1038: All of the 16.35 acres identified as"Lot 1"as shown on the plat and survey
by PCA&Associates entitled"Property Surveyed for Orange Co.
Community Athletic Corp."recorded in Plat Book 70,Page 178 of the
Orange County Registry;and
PINs 9874-71-5479,9874-71-6466,and 9874-71-7383:
All of the 2.63 acres identified as"New Annexation Area All Lots"as shown
on the plat and survey by Riley Surveying,P.A. entitled"Contiguous
Annexation Map Lots 16-22 and a Portion of 15 C.P.Whitfield Farm
Subdivision"recorded in Plat Book 116,Page 55 of the Orange County
Registry
(hereafter referred to as"Properties");and
WHEREAS,the properties are located within the planning jurisdiction of the Town of Hillsborough,and are 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
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WHEREAS, one of the conditions for development of the Properties is the granting or dedication of a Stormwater Control
Measure easement("hereafter SCM 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 by the Hillsborough
UDO;the dedication of an access easement for inspection and maintenance of the SCM easement areas and engineered structures;and
the assumption by Grantor of certain specified maintenance and repair responsibilities;and
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),Article 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 Properties(1)for an SCM easement of the nature and character and to the extent hereinafter set forth,more
particularly shown,described and identified as"20'SCM Access&Maintenance Easement"and"SCM Access&Maintenance
Easement(Variable Width)"as shown on the plat and survey entitled"Dedication of SCM Access&Maintenance Easement and
Public Pedestrian Sidewalk Easement"by Riley Surveying,P.A.in Plat Book 120,Page 161 of the Orange County Registry,which
which is incorporated herein by reference 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,berms and dikes,and shall
establish and maintain vegetative filters and groundcovers; and(2)an access easement more particularly shown and described on the
Plat herein referenced, for the purpose of permitting Town inspection and,if necessary,maintenance and repair of the SCM easement
areas and engineered structure(s)as more fully set forth herein and in the Hillsborough UDO.
The terms,conditions,and restrictions of the Easement and Agreement 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 Stormwater Control Measure Operation and Maintenance
Manual attached hereto as Exhibit A and in consideration of the Certificate of Compliance with stormwater
regulations received for Properties.
2. If Grantor fails to comply with these requirements,or any other obligations imposed herein, in the Hillsborough
UDO, Stormwater Management Plan Approval,or Stormwater Control Measure Operation and Maintenance
Manual,the Town may perform such work as Grantor is responsible for and recover the costs thereof from the
Grantor.
3. This Easement and Agreement gives the Grantee the following affirmative rights: Grantee,its officers,employees,
and agents may enter the SCM 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 the
Grantor defaults in its obligations and to recover from the 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.
4. The Grantee is under no obligation to maintain or repair the above referenced facilities,and in no event shall this
Easement and Agreement be construed to impose any such obligation on the Town.
5. The Grantee shall not be liable to any person for the condition or operation of the above referenced facilities.
6. The Grantor and the Grantor's heirs,administrators,executors,assigns and any other successor in interest shall
indemnify and hold harmless the Grantee and its officers,agents and employees for any and all damages,accidents,
casualties,occurrences,claims or attorney's fees which might arise or be asserted,in whole or in part,against the
Grantee from the construction,presence,existence,or maintenance of the stormwater control facilities subject to the
Agreement.In the event a claim is asserted against the Grantee,its officers,agents or employees,the Grantee shall
notify the Grantor and the Grantor shall defend at the Grantor's expense any suit based on such claim.If any
judgment or claims against the Town,its officers,agents or employees shall be allowed,the Grantor shall pay the
same all costs and expenses in connection therewith.The Grantee will not indemnify,defend or hold harmless in
any fashion the Grantor from any claims arising from any failure,regardless of any language in any attachment or
other document that the Grantor may provide.
7. This agreement shall not in anyway diminish,limit,or restrict the right of the Town to enforce any of its ordinances
as authorized by law.
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The Grantor shall in all other respects remain the fee owner of the Property and area subject to this Easement and Agreement
and may make all lawful uses of the Property not inconsistent with this Easement and Agreement.
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 and Agreement 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 easement herein granted to the Grantee,its successors and
assigns forever and the same Grantor does covenant 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 is free from encumbrances and that Grantor will warrant and defend the said title to the same
against claims of all persons whosoever.
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 in interest to Grantor 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:
Renee Price
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,Grantor,personally appeared before me this day and acknowledged the execution of the
foregoing instrument.
WITNESS my hand and notarial seal,this the day of 120
Notary Public
My commission expires: ,20
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