HomeMy WebLinkAboutAgenda - 04-04-2023; 8-g - Expansion of Duke Energy Utility Easement at Gravely Hill Middle School 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 4, 2023
Action Agenda
Item No. 8-g
SUBJECT: Expansion of Duke Energy Utility Easement at Gravely Hill Middle School
DEPARTMENT: Asset Management Services
ATTACHMENT(S): INFORMATION CONTACT:
1. Easement Expansion Steven Arndt, Director, Asset
Management Services, 919-245-2628
Alan Dorman, Assistant Director, Asset
Management Services, 919-245-2627
PURPOSE: To approve and authorize the County Manager to sign an agreement upon final
review of the County Attorney expanding an existing Duke Energy utility easement at Gravely Hill
Middle School allowing Duke Energy to build a new 100kV transmission line.
BACKGROUND: Duke Energy is requesting an expansion of an existing easement at Gravely
Hill Middle School, a County-owned property. The original utility easement, which bisects the
Northwest section of the property, was granted in 1965. This additional easement would add
twenty (20) feet to the easement's width (see map at Attachment 1). The purpose of the
expansion is to allow Duke to build a 100kV transmission line to serve Piedmont Electric
Membership Corporation substations for immediate growth and future expansion in Orange
County.
FINANCIAL IMPACT: There is no financial impact associated with granting the additional
easement.
SOCIAL JUSTICE IMPACT: There are no Orange County Social Justice Goals associated with
this item.
ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal
impacts associated with this item.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
County Manager to sign an agreement upon final review of the County Attorney expanding an
existing Duke Energy utility easement at Gravely Hill Middle School.
Attachment 1 2
PREPARED BY: Karol P.Mack,Deputy General Counsel,Duke Energy Corporation
Mail To: Duke Energy Carolinas,LLC Property No.: 000924
Data&Document Management Land Unit: 2805441
526 South Church St.,ECII-05 Project No: 000924-860285
Charlotte,N.C.28202
STATE OF NORTH CAROLINA
EASEMENT
COUNTY OF ORANGE
THIS EASEMENT is granted this day of , 2022, by THE COUNTY OF
ORANGE, political subdivision of the State of North Carolina, having a mailing address of Post Office Box
8181, Hillsborough, North Carolina 27278 ("Grantor," whether one or more), and DUKE ENERGY
CAROLINAS,LLC, a North Carolina limited liability company,having a mailing address of Data&Document
Management, 526 South Church St. ECII-05, Charlotte,North Carolina 28202 ("DEC");
WITNESSETH:
That Grantor, in consideration of Ten Dollars ($10.00) and other valuable considerations paid by DEC ,
the receipt and legal sufficiency of which is hereby acknowledged, does grant and convey unto DEC, its
successors and assigns, the perpetual easements and rights of way set forth herein, for the purposes and subject
to the terms and conditions set forth herein, over and across the land of Grantor (the "Premises") lying in the
State and County aforesaid and being more particularly described in the instrument recorded in Book 4014,Page
24, Orange County Registry.
As used herein, the term "Right of Way Strip" shall mean those areas or parcels of land containing
approximately, 0.177 ± acres and shown as "PROPOSED ADDITIONAL EASEMENT" on a plat of survey
entitled "EASEMENT ACROSS THE LAND OF COUNTY OF ORANGE," dated October 21, 2022, marked
Map: 000841-009409, said plat being attached hereto as Exhibit A and incorporated herein by reference.
The easement and right of way herein granted by Grantor to DEC, its successors and assigns, over the
Premises is subject to the following terms and conditions:
(a) DEC's Use of Right of Way Strip. Grantor grants to DEC, its successors and assigns, a perpetual
easement to enter upon the Premises within the Right of Way Strip(as defined herein)to construct,
reconstruct, replace, rebuild, enlarge, modify, remove, inspect, repair, maintain, operate, and use
within the Right of Way Strip multiple lines for transporting electrical energy and for
Attachment 1 3
telecommunications and/or data uses of DEC, its successors and assigns, which lines may consist
of single or multiple rows of poles,towers, or other structures (at appropriate intervals and without
limitation as to number) and related footings and foundations; crossarms; insulators; aboveground
and/or underground conductors, static wires, grounds, cables, conduits, electronic equipment, and
other appurtenant apparatus, fixtures,hardware, and appliances; and guy wires and anchors inside
and/or outside the Right of Way Strip to support DEC's overhead facilities at angle points. DEC
shall have the right to: (i)clear and keep the Right of Way Strip free of all trees and other vegetation
(except as provided in subsection(b)below), structures, and other objects of any nature including,
without limitation, satellite signal receiver systems, billboards, signs, buildings, manufactured
homes, mobile homes and trailers, graves, wells, retaining walls, racking, dumpsters, sheds, fire
pits or barbecues, swimming pools and any associated decking, septic systems or storage tanks
and systems (whether aboveground or belowground), flammable materials, building materials,
wrecked or disabled vehicles or equipment, refuse of any type, and all other objects (whether
aboveground or belowground); and (ii) install and maintain roads within the Right of Way Strip
and install gates in any fences located within the Right of Way Strip, to afford DEC access to the
Right of Way Strip.
(b) Grantor's Reserved Use. Grantor shall be entitled to use the Right of Way Strip for all purposes
not inconsistent with the rights and easements herein granted to DEC, including the right to: (i)
cultivate and harvest annual seasonal crops (not including orchards or timber); (ii) pave, improve
and use the Right of Way Strip for vehicular parking,provided that such vehicles are operable and
readily moveable under their own power and further provided that Grantor installs protective
barriers satisfactory to DEC for the protection of DEC's facilities; (iii)use the Right of Way Strip
for recreation, provided no structures or objects (aboveground or belowground) are erected or
placed therein without the prior written approval of DEC (which DEC may withhold in its sole
discretion); (iv)use and maintain existing roads and drives and sewer,water, and other utility lines
within the Right of Way Strip at their existing locations as of the date of this instrument; (v)
construct, use, and maintain new paved or unpaved roads, streets, and driveways and new water,
sewer, drainage, and other utility lines or pipes crossing the Right of Way Strip, provided such
facilities conform to the following requirements: (A) such facilities cross the Right of Way Strip
from one side of the Right of Way Strip to the other side at an angle of not less than thirty (30)
degrees between the center line of said facilities and the center line of the Right of Way Strip, (B)
no road, street, or driveway shall intersect with any other road, street, or driveway, in whole or in
part,within the Right of Way Strip, (C)no portion of such facilities and their associated easement
area, if any, is located within twenty-five (25) feet of any of DEC 's poles, towers, structures, guy
wires, or guy anchors, (D) such facilities are constructed in such a manner as to withstand the
weight of DEC's heavy equipment, and (E) such facilities are constructed in strict compliance
with all clearance requirements of DEC and all other regulations and ordinances then applicable
to electrical facilities; (vi) maintain existing fences, provided that DEC may add gates to allow it
access as set forth in subsection (a)(ii) above; (vii) build new fences on the Right of Way Strip
with the prior written approval of DEC (which DEC may withhold in its sole discretion),provided
any such new fences conform to the following requirements: (A) such fences shall not be attached
to DEC 's poles, towers or structures, (B) such fences shall be installed at least twenty-five (25)
feet from DEC's poles, towers, structures, guy wires, and guy anchors, (C) such fences shall not
exceed 10 feet in height, (D) such fences shall cross the Right of Way Strip from one side of the
Right of Way Strip to the other side at an angle of not less than 30 degrees between the centerline
Attachment 1 4
of the fence and the center line of the Right of Way Strip, and (E) if a fence crosses the Right of
Way Strip or makes part of it inaccessible to DEC, Grantor shall install a gate pursuant to DEC 's
specifications to allow free access required by DEC's vehicles and equipment; and(viii) excavate,
grade, and fill,provided Grantor receives DEC's prior written approval(which DEC may withhold
in its sole discretion), which approval may contain conditions including, without limitation, the
allowable grade and distances from DEC's facilities that cannot be excavated.
(c) DEC's Use of Premises Outside of the Right of Waw. Grantor further grants to DEC, its
successors and assigns, the right to enter upon the Premises outside of the Right of Way Strip for
the following purposes and uses:
(1) to cut, fell and remove any and all trees on the Premises that are or may become tall enough,
in DEC's opinion, to fall on or otherwise endanger a line or other facility or structure within
the Right of Way Strip ("Danger Trees").
(2) to gain access to the Right of Way Strip and Danger Trees at any time and from time to time
by vehicles, equipment, and pedestrians, provided that DEC's use of the Premises outside of
the Right of Way Strip shall be confined to then-existing streets, roads, and driveways to the
extent they provide sufficient access to the Right of Way Strip and/or Danger Trees by vehicles,
equipment, and pedestrians. If then-existing streets, roads, and driveways do not provide
sufficient access,then DEC shall be entitled to use a reasonably convenient and feasible access
route or routes over the Premises to access the Right of Way Strip and/or Danger Trees and
shall be entitled to construct and maintain a roadway or driveway for such purposes.
(d) DEC's Repair Obligation. DEC shall repair damage to the Premises, including roads, driveways,
and fences,resulting directly from DEC's exercise of its rights granted herein. Provided,however,
for purposes of the initial clearing of all trees which DEC is entitled to cut and remove from the
Premises pursuant to Paragraphs (a) and(c)herein, said trees shall,upon such cutting,become the
property of DEC. Nothing in this Easement shall impose upon DEC any duty to repair or warn of
any condition or any type of injury or damage to the Premises existing prior to the date of this
Easement nor shall DEC have any duty to repair or warn of any condition or any type of injury or
damage upon the Premises caused by the Grantor, any third party, any Act of God, or any natural
process, including, without limitation, erosion or conditions caused by vegetation.
The failure of DEC to exercise or continue to exercise any of the rights herein granted shall not be
construed as a waiver or abandonment of the right thereafter at any time or from time to time to exercise any and
all of such rights.
TO HAVE AND TO HOLD the aforesaid rights,privileges and easements unto DEC, its successors and
assigns forever.
And Grantor, for the Grantor and for the Grantor's successors and assigns, covenants to and with DEC,
its successors and assigns, that Grantor is lawfully seized of the above described land in fee and has the right to
convey the said rights and easements, that the same is free and clear from any and all encumbrances, and that
Grantor will forever warrant and defend the title to the said rights and easements against the lawful claims of all
persons whomsoever.
Attachment 1 5
IN WITNESS WHEREOF, this instrument is executed on the date first above written.
GRANTOR:
THE COUNTY OF ORANGE
a political subdivision of the State of North Carolina
By:
Name:
Title:
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I certify that the following person(s) (Name of Officer), as
(Title of Officer) of THE COUNTY OF ORANGE, a political subdivision of the
State of North Carolina, personally appeared before me this day, each acknowledging to me that he/she signed
the foregoing Easement document, on behalf of THE COUNTY OF ORANGE, in the capacity stated.
Date:
Notary Public
Notary Public Name Printed/Typed
My Commission Expires:
[SEAL]
Attachment 1
AREA TABLE EXHIBIT A
EASEMENT TYPE I LAND UNIT ACRES I SQ.FT.
PROPOSED ADDITIONAL 0.177 7722.58 THIS MAP HAS NOT BEEN REVIEWED BY A
EASEMENT
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE LAND
CERTIFICATION DEVELOPMENT REGULATIONS.
1-85
I,W.ANDREW EADES,CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN SITE
ACTUAL SURVEY MADE UNDER MY SUPERVISION(DEED DESCRIPTION RECORDED IN PLAT BOOK 96, WEST TEN ROAD
PAGE 86;THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM
INFORMATION FOUND IN(SEE REFERENCES);THAT THE RATIO OF PRECISION IS 1:10,000;AND THAT
THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN
NORTH CAROLINA 12 N.C.A.C.56.1600;PURSUANT TO G.S.47-30(F)(11)(C)(4)THIS SURVEY IS OF A
PROPOSED EASEMENT FOR A PUBLIC UTILITY AS DEFINED IN G.S.62-3;AND MEETS THE LOCATION YAP
ATTACHMENT RULES OF G.S.47-30(M)(1);THE PURPOSE OF THIS EXHIBIT IS FOR RIGHT OF WAY OR NOT TO SCALE
K
TION ONLY AND IS NOT INTENDED TO BE A BOUNDARY SURVEY OF THE
N EON.RYGRAPHIC SCALE: (IN FEET) 1"=100'
ION W.ANDREW EADES,PLS L-3413
CES, 100' 50' o' 100'
NAD 83 NO
z OWNER OF RECORD
} COUNTY OF
ORANGE
$ D.B. 4014, PG. 24 S 10'05'58" E 340.87'
a P.B. 96, PG. 86 (-nE)
PIN# 9844057652
EXISTING 68' DUKE R/W
FILE NO. 104-30
P.B. 14, PG. 182
S 09'09'48" W 609.00'
5 10 05 58
S 0909'48" W 414.72'
o N 09'09'48" E 357.58'
N
POB
\ N:846621.20' PROPOSED ADDITIONAL
\ E:1940025.89' 20' DUKE R/W
\ GRID COORDS OPERA LANE 7,722.58' SQ. FT
I 0.177 ACRES N/F
QR MRE PROPCO, LP
\ D.B. 6753, PG. 758
P.B. 70, PG. 71
2\ LINE TABLE PIN# 9834851936
�
\
Lo (� N\ Line # Length Bearing
00 � � o
� Lt 20.00' S80' 33' 41.21"E
L2 60.62' N10' 05' 58.19"W
o\ L3 68.00' S80' 35' 12.42"E
o.
0., \
POC
IRON PIPE(F)
N:846521.14'
E:1939292.20'
GRID COORDS NOTES
1. SUBJECT PROPERTY SURVEYED AND MAPPED FOR:
LEGEND DUKE ENERGY CAROLINAS,LLC.
■ CONCRETE MONUMENT FOUND FENCE LINE 2. AREA BY COORDINATE COMPUTATION METHOD.
[� REBAR SET SUBJECT PARCEL 3. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S.
� REBAR FOUND -————
- SUBJECT EASEMENT SURVEY FEET.
O COMPUTED POINT(NOT SET)
—R/W— STREET RIGHT OF WAY 4. PROPERTY SUBJECT TO ANY VALID&ENFORCEABLE EASEMENTS,
ADJACENT PARCEL RESTRICTIONS,&RIGHTS OF WAY.
POC POINT OF COMMENCEMENT ---------- EXISTING EASEMENT
POB POINT OF BEGINNING - SURVEY LINE 5. SURVEY IS BASED ON PHYSICAL EVIDENCE AND EXISTING
EXISTING EASEMENT -- TIE LINE MONUMENTATION FOUND DURING THIS SURVEY.
DUKE ENERGY CAROLINAS, LLC
(99) PROPOSED ADDITIONAL R/W ACQUISITION
SGC SURVEYING NC, PLLC EASEMENT ACROSS THE LAND OFDUKE
SUIOW Arra MAPFM COUNTY OF ORANGE10
156-B RACEWAY DRIVE ENERGY
MOORESVILLE,NO 28117 EFLAN D
PHONE:800-581-4031
WWW.SGCSURVEY.COM ORANGE COUNTY, NORTH CAROLINA
BUCKHORN REBUILD DATE: 10/21/22 1 SCALE: 1" = 100'
PROPERTY:- DRAWN BY:AAM PARCEL: - 550 S. TRYON STREET
LAND UNIT:- CHECK BY: WAE BOOK : 4014 PG 24 CHARLOTTE, N.C. 28202
PROJECT:000924-010346 1 LSC MAP#:000841-009409 TELEPHONE NO. (704)382-2361 1 OF 1