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HomeMy WebLinkAboutAgenda - 10-03-2022; 8-g - Boundary Line Agreement with the Efland Volunteer Fire Department 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 3, 2022 Action Agenda Item No. 8-g SUBJECT: Boundary Line Agreement with the Efland Volunteer Fire Department DEPARTMENT: Asset Management Services ATTACHMENT(S): INFORMATION CONTACT: Boundary Line Agreement John Roberts, County Attorney, 245- 2318 PURPOSE: To authorize the execution of a Boundary Line Agreement to clarify the location of the boundary line between property owned by Orange County and property owned by the Efland Volunteer Fire Department. BACKGROUND: Orange County is currently constructing an Emergency Services facility on property adjacent to property owned by the Efland Volunteer Fire Department. During the construction it was determined the boundary line was unclear based on two different surveys. County staff and the Efland Volunteer Fire Department desire to clarify that the boundary line separating the parcels is the line shown on an existing plat currently recorded in the office of the Orange County Register of Deeds. Approving the Boundary Line Agreement will not alter the parties' understanding of the location of the boundary line. FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends the Board approve and authorize the Chair to execute the Boundary Line Agreement. 2 Prepared by John L. Roberts, Orange County Attorney. Return after recording to Steven Arndt: P.O. Box 8181 Hillsborough, North Carolina 27278 BOUNDARY LINE AGREEMENT This AGREEMENT made this day of Septernber, 2022, by and between Orange County, a political subdivision of the State of North Carolina ("party of the first part"), and Efland Volunteer Fire Company, Inc., a North Carolina nonprofit corporation having its principal place of business in Orange County, North Carolina ("party of the second part"): WITNESSETH: WHEREAS, the said party of the first part is the fee owner of that certain plot of land situated, lying, and being in Cheeks Township, in the County of Orange and State of North Carolina, as more fully described in Deed Book 6539 at Page 140, Orange County Registry, and having PINs 9844-78-6242 and 9844-78-6326; WHEREAS, the party of the second part is the fee owner of that certain plot of land situated, lying, and being in Cheeks Township, in the County of Orange and State of North Carolina, as more fully described in Deed Book 515 at Page 170, Orange County Registry, and having PIN 9844-78-4391; WHEREAS, Parcels 9844-78-6242 and 9844-78-6326 adjoin and share a boundary with Parcel 9844-78-4391 and a question has arisen as to the exact location of the boundary line between the respective lands of the parties and they are desirous of fixing and making said boundary line more certain and definite. 3 NOW THEREFORE, in consideration of the premises and the sum of$1 by each to the other in hand paid, together with other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto do for themselves, their respective heirs, legal representatives, successors, and assigns, covenant, consent, and agree that the boundary line between the lands of the parties shall be and hereby is declared to be as that boundary line is shown and described between Tract 1 and Parcel 9844- 78-4391 and between Tract 2 and Parcel 9844-78-4391 on the plat recorded in Plat Book 119 at Page 84, Orange County Registry. The parties do grant, release, and forever quit-claim each to the other, as follows, namely: 1. The party of the first part does hereby grant, release, and forever quit-claim unto the party of the second part, its heirs, successors, and assigns forever, all and singular, the land and premises owned by the party of the first part lying on Parcel 9844-78-4391 side of the boundary line as hereinbefore fixed and determined, together with the appurtenances and all the estate and rights of the said party of the first party in and to the said premises, to have and to hold the same unto the party of the second part, its heirs, successors, and assigns forever. 2. The party of the second part does grant, release, and forever quit-claim unto the party of the first part, its heirs, successors and assigns forever, all and singular, the land and premises owned by the party of the second part, lying on Parcels 9844-78-6242 and 9844-78-6326 side of the boundary line as hereinbefore fixed and determined, together with the appurtenances and all the estate and rights of the party of the second party, in and to the said premises, to have and to hold the same unto the said party of the first part, its heirs, successors, and assigns forever. IN WITNESS WHEREOF, the parties of the first and second parts have hereunto set their hands and seals the day and year first above-written. Orange County Eflan Volunteer Fire Company, Inc. 4 NORTH CAROLINA ORANGE COUNTY I, a notary public of County, North Carolina, certify that personally appeared before me this day and acknowledged that she is the Chair of the Orange County Board of Commissioners, and that she, being authorized to do so, executed the foregoing on behalf of the County. Witness my hand and official stamp or seal, this the day of 2022. Signature of Notary (Official Seal) My Commission Expires: NORTH CAROLINA ORANGE COUNTY I, iarir;��(' Ll q- ,a notary public of r i O'Wtf CCS County, North Carolina, certify that t<eus n bryoi✓s personally appeared before me this day and acknowledged that he is the rare, CAiQ of Efland Volunteer Fire Company, Inc., a North Carolina Nonprofit Corporation, and that he, being authorized to do so, executed the foregoing on behalf of the Efland Volunteer Fire Company, Inc., Witness my hand and official stamp or seal, this the �n- day of 5e�den 7�E?l� , 2022 S'ignature�of N-dfary (Official Seal) lzrsNotary Public � My Commission Expires: I' 0 cpa