HomeMy WebLinkAboutAgenda - 05-21-2002 - 8i ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 21, 2002
Action Agenda
Item No.
SUBJECT: Fr000setl Deetl R t ' C b Lfll R' P k d N l A
DEPARTMENT: Environment and Resource PUBLIC HEARING: (YIN) No
Conservation
ATTACHMENT(S): INFORMATION CONTACT:
Declaration of Deed Restrictions David Stencil, 245-2590
PARTF Grant Close-out Requirements Rich Shaw, 245-2591
LWCF Grant Limitation of Use
TELEPHONE NUMBERS:
Hillsborough 7328181
Chapel HIII 9684501
Durham 688-7331
Mebane 33622]-2031
PURPOSE: To consider placing deed restrictions on the Orange County portion of the
Little River.Regional Park and Natural Area in accordance with grant requirements.
BACKGROUND: Orange County and Durham County acquired 391 acres in FY 2000-01
(135 acres in Orange, 255 acres in Durham)for the Little River Regional Park and Natural
Area. The two counties received two state grants to help with land acquisition: $370,000
from the NC Clean Water Management Trust Fund and $250,000 from the NC Perks and
Recreation Trust Fund. (Orange County received a third grant of$262,000 from the
federal Land and Water Conservation Fund for park development.)
All three grams require that the deed to the property contain a restrictive clause governing
the future use of the Property. The Clean Water grant required that the state hold a
conservation easement along the 300-foot riparian Pointers. The conservation easement
was executed and recorded in February 2001. Lands purchased with a grant from the NC
Parks and Recreation Trust Fund (PARTF) must be used only for'public recreation use".
Parks receiving grant assistance from the federal Land and Water Conservation Fund
(LW CF) must be used only for"public outdoor recreation uses."
The allached Declaration of Deed Restriction was developed by the County Attorney to
cover grant requirements from both the PARTF and LWCF. The language has been
reviewed and approved by the grant program staff. Durham County used the same
language for its 255-acre portion of the park properly.
FINANCIAL IMPACT: None.
2
RECOMMENDATION(S): The Manager recommends that the Board authorize the Staff
to work with the County Attorney b record of the attached dead restrictions to restrict
future use of the Little River Regional Park and Natural Area to public outdoor recreation
uses.
3
Prepared By eM Mail To, Gerber E.GIedeli,P.O.Drawer 1529,Hillsbercuu ,NC M78
STATE OF NORTH CAROLINA
DECLARATION OF DEED RESTRICTIONS
COUNTY OF ORANGE Little Rlver 114onal Park and Natural Area
THIS DECLARATION OF DEED RESTRICTIONS made an ememi into this—day
of ,2004 by ORANGE COUNTY,NORTH CAROLINA,a body politic and
corroratq apolitical subdivision of the State of North Carolina,hereinafter`COUNTY."
WITNESSETH
WHEREAS,Cowry awns certain met Property reversed in Orange County,NoM
CarobroF recorded in Deed Book 2157,No 545,of the Orange Cooper Registry and more
particularly described'm Exhibit A,atuched heroes(`the Property");and
WHEREAS,this Property was acquired wide Stare fires rcled resbui provided by the
North Carolina Parks and Recreation Trust Fond(PARTF)and with Federal financial assistance
provided by the National Park Service in accordance with fire Land and Water Conservation
Fund Ad of 1965 as ameMed(LWCF);and
WHEREAS,County bas received said grWs in eonsidemtioa of which County has
agreed that the Property will be coasted and managed in a minter thus will protect tM
percoznent use ofb be Property for opm space end orherwisc promote the public proposes
audnmiaed by Itodt the FARTF and LWCF.
NOW THEREFORE,County hereby declares,covenants and agrees that the Property
may rot be converted to other then public omdeor recreation use,whether bytraosfer,sale,or
any other consumer,pursuant to the regulations and rogwrements set Ibrth by the Ninth Combines
Parks and Recreation Trost Fund and Land and Were[Conservation Ford Act of 1965 as
ameruded.
Ceunty reserves certaiv right accruing from ownttsbip of the Property,including the
right to engage in or Recruit others to engage in uses of die Property that are not inconsistent with
Me purpese(s)of this Dsvlaration.AR rights reserved by County are reserved for County,its
representatives,successors, and assign,end are considered robe consistent with the purposes of
[iris Declaration.
IN TESTIMONY WHEREOF,COUNTY has executed this Declaration of Deed
Residences by the duly authuriyN representative on the date first written above.
a
ORANGE COC ,NORM CAROLINA
By
BerySazabs
Chou,Orange CanvtyBOard of
Cammissionem
Attest;
Beverly A.Blytbe.Clerk
to the Board of Coanniavoacra
NORTH CAROLINA
COI=OF ORANGE
1,a Notary Public of the County and State akresaid,certify that Bevely A Blythe
pefsonally came before me this day and acknowledged that she is Clerk W the Board of
Commissioners for Orange County,North Carotins and that by authority duly given and as the
act of Orange County,Noah Camlhaa the foregoing instrument was signcl in its name by the
Chair of said Board of Convnissionera and anemed by her as Clark to odd Board of
Commissioners.
Rriwessmyhandandoflicislstmnporscal,UsL e_dayof 200_.
Notary Public
My commission a pues:
EXHIBIT A s
Those Macon or pemels of land lying and being in,IANeltiveriawogM1ip7COUnry of Orange,Stale of Or nil Caro Iitw and
more particularly accented as fulluwa:
Tmct I
Being all of 7.61 sere MOM,nest or last bordering Me north fork of the Lisle Rivaq(hesame king design lied as"Tmct A"
on Shell Two of the ma cond plat ands led"Lhtk RiverPark:Pm any of Triangle Community Foundation,"abroad Muy 17,
2000,by Jerry L. Hung R.L.S.,and recorded at Plat Book=page /96 ofdte Orange Ceunly Regialcref
Games ORCO and at Plat Book Isla Pago Jpa of the Dwbam County Register of Dwde Of:3ee.
Tract
Bcingall ofa 128.14 gate amid,MOM or less,kidering tk no"fork coffee Linle River,the same king deaignvmd as wl act
B"on Sheet One of We above-referenced plat and recorded at PlatBcok gl _,page 175_Ofth:Orange County
Register of Gains Offce and m Plat Book /50 page 1A) of the Durham County Register of funds 011ie.
In addition to and including the above-described each,thee gall k a perpeltal fifty root(59)guess easement Bn'fnaC
Of Ilnlve-refercncM plat,which is nrnlindesmibed as follows:
Beginningnl On gaining icon wade situated atthe uutheadcomer ofTmMA am shown on ShMe Two ofthe
akwmfennmd map and pluentided"LI41e River Park:Hopedy,BfTriangle Community Foundation";
ningthen<ealOng the Durlum-Orange County LineN Bi°55'16"W IOO.ODfie[mapoim;mmingthencc
S82°Oa'dd"E00.0ffen marlin; the 00footgeapoem;running lhenceN 00
Orange Country N Lin fat loapointW the Durham-Drnge County nd continuing running Nmce aeang the Dmham-
Orange Li-55- 6-W 1794.3 fashion fret m in Iwo make.and and l e BEGIN NING,T{ gains
County Line6%Ingress Wgrear E5fettman iconmtsrn, a esteendplacey off NNING, map and
platidhe"SOFantingrcsskEgrcu Easementsasshown onthewatem bountlaryofTm<ICBnthemapand
plat identified above.
"I Leenveyancsofthe aboveidentified Trac12(also identified as TractB On the abeveirsfca ed plop is madem6jecua nun
in"Penmf mceas enremearn Ilia first of which is fueber decanted as fellows:
Beginning at an existing iron stake situated at northeast earner of Lot S,Search l)asshown on the map
and plat entitled"Little River Fames'which is mamded at Plat Book 22, Page I I of Me Orange County
Registry:funning thence N 07°52'06"Q 200.00fenme painGmnningthmce S 82°0754"E 60.00 feel to a
point on Ilia DurnarmOrmiet CounryLine;muningthencealong the Derhun-Oraage County Line 50'7°5296"
W 218.83 fact to OR icon stake;mi nhumanceN 64°33'03"W62 33 Rattan iron main,the point and place
Of3HGITN ING.thesame lengths'10 FOOL InlpeaR Egrets EasamenC'as shown adjacent RiStmmer lane
In Wo southwest portico ofTna B on the map and plat identified above.
71C swond access easamentm which Tract B is subject is further described as Follows:
Beginning at an existing iron stake situated on Me east side Of Guess Road in the sonhwest comer offl e
progeny of W try L.Aria w as described in distance ascended at Dry Book2I2,Page 1229 ofthe Orange
County Registry, running thence N 50°2730' S 209,88 Poet to an existing Ran stake; running thane S
891 Sit"E3,245.33 feet c a point on theDurham-Omlge County Line,nning Nen eal0ngrhmmrhvm
Orange County Line 80]°52W W 50 00&¢ma print;nnningthence N 8V 1254°W 3,225.56 fm tog
gem;n7nningtheneeS 60°2730"W 198,18 Rnro almnl On lheeut sidem'Gums Road;oarsman lhenceN
38°4748"W 50.66 feet to an iron sake,the paint and place ofBEGIN'NORG,the same being the S0 Fool
Ingn'.a& Egress Statement"As shown homwersa TOn Bon the map and plat identified above.
.C.PARRS AND RECREATTON TROST F1E.D(PARTF7
CLONE N 0UT PROJECT DATA SDEET/PERFORNLINCE REPoRT
ACOlncrrtON m m
GRANTEE (Local glamor)
PROJECT TTTLE
PROJECT PBRIOD1 to
(Regiroiuy pete7 (RVdin%Date)
LOCAL PROJECT COORDINATOR: PRONE p:
PARTF cuhteace for Ind delvit ka)will be based an the inflect coat, dirnovN appraisal value or negotiated
purchase price, whatever Is less. If the negotiated perchance price or approved appmid s value at greater then
the pmjcm cwt u presented mthe motel application,the Grantee mutt pay dw additional want.
Value rota:be based upon an independent appraisal by a licensed appraiser holding a "general ccuhe slob"frond
the N.C. Appraisal board. Approval of the appraised amount teas with the State.
1. Ac9uidpmtOrcmnevK4m Regufremmts:
A. Suppty two(2)Copt"of each of the foDO g items:
1. DON m each parcel acquired. Deed must contain the concession protection restrictive
clause requved by the pmjwt agreement.
'This property was acquired wit State normal aaeiewme from the N.C. Push and
Recreation Trust Ford, sod Transom m a corusemd aegeiremcm the progeny my not
be cenvemd m other than public recraccon we(whemcr by bender,axle of many abler
runtws)."
2, Evidence of the fofeach pared acquired(lgter fifont the County or Cary Lend Officer,
or cedifiaate from the Title( uaranty Company)
3. Statement Of Just CUmpmisatlon her each parcel acquired.
4. Written other to purchase.
5. Proof of Payment. Conceded checks for lard purchases(find and canto.
IA^L &MM 013SNATIfN RBM
- 4. NOTICE OF LIMITATION OF USE
NAHE OF APPLICANT: ExdngB-Lou:rty, North Carolina
NAU OF PROPOSED PROJECT: Little River Regional Park
The Apoltcant understands that IF:
the property identified on the project boundary map of this application
is by the Nati onal/ developed
onal Park Service financial
ce (formerly the Bureau o£ Outdoors Recreation)
Of the Department of the Interior in accordance with the Land and Water
Conservation Fund Act of 1965, as amended, ld U.S.C.5 4601-5 at, seq.
j (19)0 ad.): THEN, pursuant to a ragoirement of that Is,, this property.
may b �ponvecte�,yo, o[M1eN�fM1ap public outdoor [eatipnX ses
c vFi trapafei, sale, at s any other manna 77 v1tt{:cwt the a press
written approval of the Secretary of the Interior. By law, the seare-
a such conversion only if he finds it to be in accord
with the then-existing comprehensive statewide recreation plan and only
upon such conditions as he deems necessary to assure the substitution of
other recreation properties of at least equal fair market value and of
reasonable equivalent usefulness and location."
�/ y`
Sig f Aotho ized Represantative ' Data