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HomeMy WebLinkAboutAgenda - 09-17-2024; 8-d - Orange Northern Campus Stormwater Control Measure Access and Maintenance Easement and Agreement with Town of Hillsborough 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 17, 2024 Action Agenda Item No. 8-d SUBJECT: Orange Northern Campus Stormwater Control Measure Access and Maintenance Easement and Agreement with Town of Hillsborough DEPARTMENT: Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: Stormwater Control Measure Access Angel Barnes, Capital Projects Manager, and Maintenance Easement and 919-245-2628 Agreement Alan Dorman, Asset Management Exhibit A— Stormwater BMP Easement Services Director, 919-245-2627 PURPOSE: To consider: 1) Approval of a Stormwater Control Measure Access and Maintenance Easement and Agreement with the Town of Hillsborough for the Orange County Northern Campus Stormwater Control Measures; and 2) Authorizing 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 Northern Campus located at 1200 US-70, Hillsborough. In 2022 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 for granting this Stormwater Control Measure Access and Maintenance Easement and Agreement. ALIGNMENT WITH STRATEGIC PLAN: This item supports: • GOAL 1: Environmental Protection and Climate Action OBJECTIVE 2. Invest in our infrastructure to reduce the environmental impact of the County fleet/facilities and improve safety. OBJECTIVE 6. Protect water supply/watersheds. 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 Northern Campus Stormwater Control Measures; and 2) Authorize the Chair to sign the necessary paperwork upon final County Attorney review. 2 Return to: Town of Hillsborough Stormwater and Environmental Services Division PO Box 429 Hillsborough,NC 27278 STATE OF NORTH CAROLINA STORMWATER CONTROL MEASURE COUNTY OF ORANGE EASEMENT AND MAINTENANCE AGREEMENT PIN: 9864-39-4358 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 property situated in the Town of Hillsborough, Hillsborough Township,Orange County,North Carolina and more particularly described as follows: All of the 19.334 acres identified as"NEW TOTAL AREA"as shown on the plat and survey by Riley Surveying,P.A. entitled"RECOMBINATION SURVEY PROPERTY OF THE COUNTY OF ORANGE"dated September 6,2019 and recorded in Plat Book 120,Page 159 of the Orange County Registry;and (hereafter referred to as"Property");and WHEREAS,the property is located within the planning jurisdiction of the Town of Hillsborough,and is 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 WHEREAS,one of the conditions for development of the Property 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. Page 1 of 3 3 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 Property(1)for an SCM easement of the nature and character and to the extent hereinafter set forth,more particularly shown,described and identified as"STORMWATER CONTROL AND ACCESS EASEMENT WITH 20' MIN WIDTH"on Exhibit A,which is 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 as "STORMWATER CONTROL AND ACCESS EASEMENT WITH 20'MIN WIDTH"on Exhibit A,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 B and in consideration of the Certificate of Compliance with stormwater regulations received for Property. 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 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 any way diminish,limit,or restrict the right of the Town to enforce any of its ordinances as authorized by law. 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. Page 2 of 3 4 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: Jamezetta Bedford,Chair,Orange County Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF I, ,a Notary Public of the County and State aforesaid,certify that Jamezetta Bedford, 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 20 Notary Public My commission expires: ,20 Page 3 of 3 5 [Placeholder for Exhibit A: Orange County Northern Stormwater Access and Maintenance Easement] [Insert Exhibit A and remove this page before recording.] 6 EXHIBIT B STORMWATER CONTROL MEASURE OPERATION AND MAINTENANCE MANUAL STORMWATER MANGEMENT PLAN PROJECT NUMBER: SW2019-04 NAME OF PROJECT: Orange County Northern Campus(formerly known as Orange County Detention Center) DESCRIPTION OF PROJECT The Project consists of a new institutional development with associated buildings,parking,open space,landscaping,utility,and stormwater management improvements consisting of one Wet Detention Basin,generally referred to as Stormwater Control Measure (SCM).The SCM is identified as"STORMWATER MANAGEMENT POND"on the approved Construction Drawings entitled "ORANGE COUNTY NORTHERN CAMPUS"with a latest revision date of June 25,2019.A copy of the approved plans for the project is on file with the Town of Hillsborough Community Services Department,Planning Division. OWNER CONTACT INFORMATION Printed Name: Orange County Point of Contact Name: Bonnie B.Hammersley Title: County Manager Mailing Address: 200 South Cameron Street,P.O.Box 8181,Hillsborough,NC 27278 Phone Number: (919)245-2300 OPERATION AND MAINTENANCE CONDITIONS The property owner shall keep a separate maintenance record on each of the SCMs.These maintenance records shall be kept in a log in a known set location on the project site.Any deficient SCM elements noted in the inspections shall be corrected,repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public,and the removal efficiency of the SCMs. Page 1 of 4 7 Wet Detention Basin Location: PIN 9864-39-4358 The wet detention basin system is defined as the wet detention basin,pre-treatment including forebays and the vegetated filter if one is provided. These systems do not incorporate vegetated filters at the outlets. These systems do not incorporate pre-treatment other than a forebays. Important maintenance procedures: • Immediately after the wet detention basin is established,the plants on the vegetated shelf and perimeter of the basin shall be watered twice weekly if needed,until the plants become established(commonly 6 weeks). • No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf. • Stable groundcover shall be maintained in the drainage area to reduce the sediment load to the wet detention basin. • If the basin must be drained for an emergency or to perform maintenance,the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. • Once a year,a dam safety expert shall inspect the embankment. After the wet detention pond is established,it shall be inspected once a month and within 24 hours after every storm event greater than 1.0 inches.Records of operation and maintenance shall be kept in a known set location on the project site and shall be made available upon request. Inspection activities shall be performed as follows.Any problems that are found shall be repaired immediately. SCM Element: Potential Problem: How Property Owner Will Remediate the Problem: The Entire SCM Trash/Debris is present. Remove the trash/debris The Perimeter of the Wet Areas of bare soil and/or erosive gullies Re-grade the soil if necessary to remove the Detention Basin have formed. gully,and then plant a ground cover and water until it is established.Provide lime and a one- time fertilizer application. Vegetation is too short or too long. Maintain vegetation at a height of approximately 6 inches. The Inlet Device: Pipe or Swale The pipe is clogged. Unclog the pipe.Dispose of the sediment off- site. The pipe is cracked or otherwise Replace the pipe. damaged. Erosion is occurring in the swale. Re-grade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion. The Forebay Sediment has accumulated to a depth Search for the source of the sediment and greater than the original design depth for remedy the problem if possible.Remove the sediment storage(see diagrams below). sediment and dispose of it in a location where it will not cause impacts to streams or the SCM. Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to revent future erosion problems. Weeds are present. Remove the weeds,preferably by hand.If cattails or other weeds become invasive and pesticide application is necessary,have a licensed aquatic pesticide applicator treat the weeds by wiping aquatic glyphosate on the leaves rather than spraying. Page 2 of 4 8 SCM Element: Potential Problem: How Property Owner Will Remediate the Problem: The Vegetated Shelf Best professional practices show that Prune according to best professional practices. pruning is needed to maintain optimal plant health. Plants are dead,diseased or dying. Determine the source of the problem: soils, hydrology,disease,etc.Remedy the problem and replace plants.If problem persists,contact the Town of Hillsborough Stormwater and Environmental Services Division:PO Box 429, Hillsborough,NC 27278;919-296-9622. Consult the Town of Hillsborough before using fertilizer Weeds are present. Remove the weeds,preferably by hand.If weeds become invasive and pesticide application is necessary,have a licensed aquatic pesticide applicator treat the weeds by wiping aquatic glyphosate on the leaves rather than spraying. The Main Treatment Area Sediment has accumulated to a depth Search for the source of the sediment and greater than the original design storage remedy the problem if possible.Remove the depth(see diagrams below). sediment and dispose of it in a location where it will not cause impacts to streams or the SCM. Algal growth covers over 50%of the Consult a professional to remove and control the area. algal growth. Cattails,phragmites or other invasive Have a licensed aquatic pesticide applicator treat plants cover 50%of the basin surface. the weeds by wiping aquatic glyphosate on the leaves rather than spraying. Sinkholes have formed. Consult with a professional engineer to identify the source of the problem and complete the necessary repairs. The Embankment Shrubs have started to grow on the Remove shrubs immediately. embankment. Evidence of muskrat or beaver activity is Consult a professional to remove muskrats and resent. beavers. A tree has started to grow on the Consult a dam safety specialist to remove the embankment. tree. An annual inspection by an appropriate Make all needed repairs. professional shows that the embankment needs repair if applicable). The Outlet Device Clogging has occurred. Clean out the outlet device.Dispose of the sediment off-site. The outlet device is damaged. Repair or replace the outlet device. The Receiving Water Erosion or other signs of damage have Contact the Town of Hillsborough Stormwater occurred at the outlet. and Environmental Services Division:PO Box 429,Hillsborough,NC 27278;919-296-9622 Page 3 of 4 9 The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4.0 feet in the main pond,the sediment shall be removed. When the permanent pool depth reads 4.0 feet in the forebay,the sediment shall be removed. BASIN DIAGRAM PPV PPE 613.5 SRE 609_5 ----- V ----- SRE 609.5 BE 608.5 1-foot BE 608.5 7Min. SS FOREBAY 1-foot Min. SS MAIN POND Diagram Abbreviations: BE=Bottom Elevation SRE=Sediment Removal Elevation PPE=Permanent Pool Elevation PPV=Permanent Pool Volume SS=Sediment Storage V=Volume Min.=Minimum Operation and Maintenance Agreement Runs with Property: The terms herein contained are binding on the present owners,and their successors in title and interest,and shall henceforth be appurtenant to,and shall run with the title to said real property. Page 4 of 4 10 ---------- - _ _ I � � I — N � I J STORM WATER CONTROL AND ACCESS EASEMENT WITH \C, \ — 20' MIN WIDTH ., EXISTING � � I I POND / I STOWWA71M POND .TCR i\ � clyftb gyp I -- ORANGE COUNTY NORTHERN CAMPUS STORMWATER EASEMENT EXHIBIT GRAPHIC SCALE 100 0 50 100 200 ( IN FEET ) 1 inch = 150 ft.