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Home My WebLink AboutAgenda - 09-05-2023; 8-p - Ratification of Signature for Duke Energy Easement Associated with the Orange County Emergency Services Station in Efland 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 5, 2023 Action Agenda Item No. 8-p SUBJECT: Ratification of Signature for Duke Energy Easement Associated with the Orange County Emergency Services Station in Efland DEPARTMENT: Asset Management Services ATTACHMENT(S): INFORMATION CONTACT: Duke Energy Easement Bonnie Hammersley, 919.245.2306 Travis Myren, 919.245.2308 Steven Arndt, 919.245.2658 Angel Barnes, 919.245.2628 PURPOSE: To ratify the County Manager's signature for the Duke Energy easement for the Efland Emergency Services Station and Medical Examiners' Office. BACKGROUND: Duke Energy sought permission from Orange County to encroach on the County's property located at 3800 Hwy 70W, Efland. The easement provides Duke Energy permission to install power in the new facility. This easement was signed by the County Manager and the Board is requested to ratify the Manager's signature. FINANCIAL IMPACT: There is no financial impact associated with this item. 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 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 impact 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 the production of greenhouse gases. RECOMMENDATION(S): The Manager recommends that the Board ratify the County Manager's signature for a Duke Energy utility easement for the Orange County Emergency Services Station and Medical Examiners' Office in Efland. BK 6824 PG 265 - 267 (3) DOC# 30092014 This Document eRecorded: 08/10/2023 04:20:37 PM 2 Fee: $26.00 Tax: $0.00 Orange County, North Carolina 30 MARK CHILTON, Register of Deeds by ANNA WOOD O� Prepared by: Duke Energy Carolinas,LLC Parcel 4 9844788137 Return to: Duke Energy Carolinas,LLC (\0� Attn:Karin Silverthorn W EASEMENT State of North Carolina County of Orange THIS EASEMENT("Easement")is made this_[�__day of 20A,from ORANGE COUNTY, NORTH CAROLINA,a North Carolina body politic("Grantor",whelmr one or more),to DUKE ENERGY CAROLINAS,LLC,a North Carolina limited liability.company("Grantee"). Grantor,for and in consideration of the sum of One and 00/100 Dollar($1.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,does hereby grant unto Grantee a perpetual and non-exclusive easement,to construct,reconstruct,operate,patrol,maintain,repair,replace,relocate,add to, modify, and remove electric and communication lines including,but not limited to,all necessary supporting structures,and all other appurtenant apparatus and equipment for the transmission and distribution of electrical energy,and for technological purposes related to the operation of the electric facilities and for the communication purposes of Incumbent Local Exchange Carriers(collectively,"Facilities"). Grantor is the owner of that certain property described in that instrument recorded in Deed Book 6539,Page 140, Orange County Register of Deeds("Property"). The Facilities may be both overhead and underground and located in,upon,over,along,under,through,and across a portion of the Property within an easement area described as follows: A strip of land thirty feet(30')in uniform width for the overhead portion of said Facilities and a strip of land twenty feet(20')in uniform width for the underground portion of said Facilities,lying equidistant on both sides of a centerline,which centerline shall be established by the center of the Facilities as installed,along with an area ten feet (10')wide on all sides of the foundation of any Grantee enclosure/transformer,vault and/or manhole,(hereinafter referred to as the"Easement Area"). The rights granted herein include,but are not limited to,the following: For Grantee's Internal Use: Page 1 of 3 Work Order A:47446297-20 submitted electronically by "Duke Energy" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the orange county Register of Deeds. submitted electronically by "Duke Energy" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the orange county Register of Deeds. BK 6824 PG 266 DOC# 30092014 3 1. Grantee shall have the right of ingress and egress over the Easement Area,Property,and any adjoining lands now owned or hereinafter acquired by Grantor(using lanes,driveways,and adjoining public roads where practical as determined by Grantee). 2. Grantee shall have the right to trim,cut down,and remove from the Easement Area,at any time or times and using safe and generally accepted arboricuitural practices,trees,limbs,undergrowth,other vegetation,and obstructions. 3. Grantee shall have the right to trim,cut down,and remove from the Property,at any time or times and using safe and generally accepted arboricultural practices,dead,diseased,weak,dying,or leaning trees or limbs,which,in the opinion of Grantee,might fall upon the Easement Area or interfere with the safe and reliable operation of the Facilities. 4. Grantee shall have the right to install necessary guy wires and anchors extending beyond the boundaries of the Easement Area. 5. Grantee shall have the right to relocate the Facilities and Easement Area on the Property to conform to any future highway or street relocation,widening,or alterations_ 6. Grantor shall not place,or permit the placement of,any structures,improvements,facilities,or obstructions,within or adjacent to the Easement Area,which may interfere with the exercise of the rights granted herein to Grantee. Grantee shall have the right to remove any such structure,improvement,facility,or obstruction at the expense of Grantor. 7. Excluding the removal of vegetation,structures,improvements,facilities,and obstructions as provided herein, Grantee shall promptly repair or cause to be repaired any physical damage to the surface area of the Easement Area and Property resulting from the exercise of the rights granted herein to Grantee.Such repair shall be to a condition which is reasonably close to the condition prior to the damage,and shall only be to the extent such damage was caused by Grantee or its contractors or employees. 8. The rights granted in this Easement include the right to install Facilities wherever needed on the Property to serve future development on the Property and adjoining lands.:Portions of the Facilities may be installed immediately and other portions may be installed in the future as the need develops. Facilities installed in the future shall be installed at locations mutually agreeable to the parties hereto if they are to be located outside of the Easement Area. Upon any future installations of Facilities at mutually agreed locations,the Easement Area shall be deemed to include such future locations. 9. All other rights and privileges reasonably necessary,in Grantee's sole discretion,for the safe,reliable,and efficient installation,operation,and maintenance of the Facilities. The terms Grantor and Grantee shall include the respective heirs,successors,and assigns of Grantor and Grantee. The failure of Grantee to exercise or continue to exercise or enforce 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 such rights. TO HAVE AND TO HOLD said rights,privilege,and easement unto Grantee,its successors,licensees,and assigns,forever.Grantor warrants and covenants that Grantor has the full right and authority to convey to Grantee this perpetual Easement,and that Grantee shall have quiet and peaceful possession,use and enjoyment of the same_ For Grantee's Internal Use: Page 2 of 3 Work Order A 47446297-20 BK 6824 PG 267 DOC# 30092014 4 IN WITNESS WHEREOF, Grantor has signed this Easement under seal effective thisl day of 20 ORANGE COUNTY,NORTH CAROLINA a North Carolina body politic (SEAL) Bonnie B.Hammersley County Manager At:aura Jensen, Qe)k to the Board of Commissioners STATE OF 1� COUNTY OF �nG I, M-4109"l-InnQ a Notary Public of County, State of certify that Laura Jensen personally appeared before me this day and acknowledged that he/she is Clerk to the Board of Commissioners of ORANGE COUNTY,NORTH CAROLINA,a North Carolina body politic, and that by authority duly given and as the act of said body politic,the foregoing EASEMENT was signed in its name by the Chair of said Board of Commissioners, sealed with its official seal, and attested by herself/himself as Clerk to said Board of Commissioners. Witness my hand and notarial seal,this I day of _ 2093 Notary Public: m- ``swr1om o�+u,,, Commission expires: �' b " S!NoTARy'yG� ® '°UBLlG v . _ . For Grantee's Internal Use: Page 3 of 3 Work Order#:47446297-20