HomeMy WebLinkAboutAgenda 07-08-2025; 7-b - Condominium Agreement and Memorandum of Understanding with the Town of Carrboro for the Operation of the Drakeford Library Complex 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 8, 2025
Action Agenda
Item No. 7-b
SUBJECT: Condominium Agreement and Memorandum of Understanding with the Town of
Carrboro for the Operation of the Drakeford Library Complex
DEPARTMENT: Asset Management Services
(AMS)
ATTACHMENT(S): INFORMATION CONTACT:
1) Condominium Declaration of Alan Dorman, AMS Director, 919-245-
Covenants 2627
2) Specialty Warranty Deed to Orange
County
3) Special Condominium Warranty
Deed to Orange County — Unit 1
4) Special Condominium Warranty
Deed to Orange County — Unit 2
5) Survey of Drakeford Library
Complex
6) Condominium Plat
7) Memorandum of Understanding
8) PowerPoint Presentation
9) Responses to Questions
PURPOSE: To:
1.) Review the Condominium Agreement, Deeds, and Plat for the Drakeford Library Complex
with the Attorney Wayne Hadler who drafted the Agreement;
2.) Review the Memorandum of Understanding between Orange County and the Town of
Carrboro for the operation of the Drakeford Library Complex; and
3.) Determine when the Condominium Agreement, Deeds, Plat, and Memorandum of
Understanding should be brought back to the Board for final approval.
BACKGROUND: At its Business meeting on January 21, 2025, the Board of County
Commissioners approved a temporary Memorandum of Understanding ("MOU") between Orange
County and the Town of Carrboro to operate the Drakeford Library Complex until the condominium
agreement could be finalized. The Condominium Agreement, Deeds, Survey, and Plat have been
finalized and must be approved by the Orange County Board of Commissioners and the Carrboro
Town Council.
An agenda item to review and approve the Condominium Agreement was scheduled for the
Board's Business meeting on June 17, 2025, but was delayed by the Board so additional
information could be provided by Wayne Hadler, the attorney who drafted the Condominium
Agreement. Mr. Hadler will be at the July 8, 2025 Business meeting to review the Condominium
Agreement and answer any questions the Board may have. Additionally, Mr. Handler has
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provided written answers to questions already received from individual Board members
(Attachment 9). Attachment 9 is the only new document from the materials originally provided for
the June 17, 2025 Board meeting, and there have been no changes to the other attached
materials from their original publication for the June 17, 2025 meeting.
The Carrboro Town Council approved the Condominium Agreement and related materials at its
June 17, 2025 meeting. Should the BOCC make changes to the Condominium Agreement or
other documents during the review process, the Carrboro Town Council will need to consider
reapproving the new Condominium Agreement, likely at its September 17, 2025, meeting.
Condominium Agreement and Deeds
The Condominium Agreement and Deeds formalize the ownership and broad responsibilities of
Orange County and the Town of Carrboro in operating the Drakeford Library Complex. Based on
the finalized building survey, the condominium agreement slightly adjusts the operational split of
costs between Orange County and the Town of Carrboro, with the County's share of costs
decreasing from 55.48% to 53.6% and the Town's share increasing from 44.52% to 46.4%.
Addationally, the Condominium Agreement describes the structure by which the Drakeford will be
managed and the relationship between the owners. The agreement establishes an Executive
Board, whose members include the Orange County County Manager and the Town of Carrboro
Town Manager.
Memorandum of Understanding
Like the temporary MOU previously approved by the Board in January 2025, the current MOU
broadly outlines the facility's operating principles as agreed to by Orange County and the Town
of Carrboro. Both parties have agreed to several changes in the current MOU, including:
• The Town of Carrboro will be responsible for providing security services at the facility.
• Early and same-day voting each year will occur in the large multi-purpose rooms on the
ground floor.
• The County and Town will agree on a comprehensive Conduct and Courtesy plan.
• The County and Town will continue to collaborate on a policy and procedures manual that
will be used to run the day-to-day operations of the facility.
FINANCIAL IMPACT: This item has no direct financial impact, as the County's costs to operate
Drakeford were included in the County Manager's Recommended FY 2025-26 budget.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• MISSION STATEMENT — Orange County is a visionary leader in providing governmental
services valued by our community, beyond those required by law, in an equitable,
sustainable, innovative and efficient way.
RECOMMENDATION(S): The Manager recommends that the Board;
1.) Review the Condominium Agreement, Deeds, and Plat for the Drakeford Library Complex
with the Attorney Wayne Hadler who drafted the Agreement;
2.) Review the Memorandum of Understanding between Orange County and the Town of
Carrboro for the operation of the Drakeford Library Complex; and
3.) Determine when the Condominium Agreement, Deeds, Plat, and Memorandum of
Understanding should be brought back to the Board for final approval.
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Prepared by and return to: Wayne R. Hadler, Beemer, Hadler&Willett, P.A.
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF
DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT, A CONDOMINIUM
This DECLARATION, made on the date hereinafter set forth by TOWN OF
CARRBORO, a North Carolina municipal corporation, hereafter referred to as the "Town" and
THE COUNTY OF ORANGE, a North Carolina county, hereafter referred to as the "County",
the Town and County are collectively, the Declarant.
WITNESSETH:
WHEREAS, Declarant is the owner of certain property located on the east side of South
Greensboro Street, Chapel Hill Township, Orange County, North Carolina, and more particularly
described as follows (herein"Property"):
BEING all of that property consisting of 0.937 acres, more or less, as shown on a map and
survey entitled"Drakeford Library Complex Condominium Project(Property of Town of
Carrboro & Orange County)prepared by Freehold Land Surveys, Inc., last revised March 3,
2025, and recorded in Plat Book , Page , Orange County Registry, to which map
reference is made for a more particular description of same. PIN: 9778-85-7932
WHEREAS,Declarant has planned, designed and constructed an approximately 124,685
gross square foot building, site improvements and associated parking including a multi-level
parking deck on the Property, and now wishes to create condominium units or"units" as those
are defined under the provisions the North Carolina Condominium Act and to convey the same
to the Town and County subject to the covenants, conditions and restrictions herein reserved to
be kept and observed and that incorporates and reflects to the extent possible the terms and
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conditions of the Town and County executed Development Agreement Regarding South
Greensboro Street Property dated the 4th day of December, 2017, and any amendments thereto;
and
WHEREAS, Declarant desires and intends by the filing of this Declaration, to submit the
above-described property and all improvements constructed, together with all appurtenances
thereto, to the provisions of the North Carolina Condominium Act (Chapter 47C,North Carolina
General Statutes);
NOW, THEREFORE, Declarant hereby declares that all of the Property described above
shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and
conditions, which shall run with the real property and be binding on all parties having any right,
title or interest in the described properties or any part thereof, their heirs, successors and assigns,
and shall inure to the benefit of each owner thereof.
PART 1
DEFINITIONS
The Definitions set forth in N.C.G.S. §47C-1-103 shall apply to this Declaration and are
incorporated herein, except that the terms listed below shall have the specific meanings stated:
Section 1: "Allocated interests" means the undivided interest in the Common Elements,
Common Expense liability and votes in the Association, allocated to each Unit.
The initial Allocated Interests are shown on Exhibit B.
Section 2: "Association" means Drakeford Library Complex Condominium Owners
Association, an unincorporated non-profit association, its successors and assigns.
Section 3: "Bylaws" means the Bylaws of the Association as they may be amended from
time to time. A copy of the initial Bylaws is attached hereto as Exhibit C.
Section 4: "Common elements" means all portions of a condominium other than the Units.
Section 5: "Common expense liability" means the liability for common expenses allocated
to each unit pursuant to G.S. 47-2-107.
Section 6: "Condominium" means "Drakeford Library Complex Condominium Project", it
being real estate, portions of which are designated for separate ownership by the
Town and County and the remainder of which is designated for common
ownership solely by the Town and County owners of those portions. The
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common elements are vested in the unit owners.
Section 7: "Declarant" means TOWN OF CARRBORO, a North Carolina municipal
corporation, its successors and assigns, and THE COUNTY OF ORANGE, a
North Carolina county, its successors and assigns.
Section 8: "Declaration" means this Declaration of Covenants, Conditions and Restrictions.
Section 9: "Development rights" means any right or combination of rights reserved by
Declarant to add real estate to a condominium; to create units, common
elements, or limited common elements within a condominium; to subdivide units
or convert units into common elements; or to withdraw real estate from a
condominium.
Section 10: "Executive board" means the body designated in the Declaration to act on behalf
of the Association. During any period where the Town or County are the only
Unit Owners, the Executive Board shall be the Town Manager and the County
Manager.
Section 11: "Identifying number" means a symbol or address that identifies only one unit in
a condominium. Unit 1 is the County Unit and Unit 2 is the Town Unit.
Section 12: "Lessee" or "Tenant" means the party entitled to a present possession of a leased
unit or portion of a leased unit whether lessee, tenant, sublessee, subtenant or
assignee.
Section 13: "Limited common element" means a portion of the common elements allocated
by the Declaration or by operation of G.S. 47C-2-102(2) or (4) for the exclusive
use of one or more but fewer than all of the Units.
Section 14: "Period of Declarant Control" means the period commencing on the date
hereof and continuing until one hundred (100) percent of the Units have been
conveyed, or (v) the date upon which Declarant voluntarily surrenders control of
the condominium, whichever date is first to occur, however, any Special
Declarant Rights shall remain in force, to the extent applicable after one hundred
percent of the Units have been conveyed.
Section 15: "Person" means every natural person, corporation,business trust, estate trust
partnership, association,joint venture,government, governmental subdivision or
agency, or other legal or commercial entity. As defined a person is entitled to
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hold membership in the Association.
Section 16: "Plats and Plans" means the plats and plans recorded in Plat Book , Page
at Orange County Register of Deeds, and constituting a part hereof, as the
same may be amended from time to time.
Section 17: "Real estate" means any leasehold or other estate or interest in, over, or under
land, including structures, fixtures, and other improvements and interests which
by custom,usage, or law, pass with a conveyance of land and includes parcels,
with or without upper or lower boundaries, and spaces that may be filled with air
or water.
Section 18: "Special declarant rights" mean rights, if any, reserved for the benefit of
declarant as defined in G.S. 47C-1-103 (23) and as further set forth in Part II,
Article I, Section 10 below.
Section 19: "Unit" means a physical portion of the condominium designated for separate
ownership or occupancy as shown on the recorded plats and plans, the
boundaries of which are described pursuant to G.S. 47C-2-105(a)(5).
Section 20: "Unit owner" means Declarant or any other person who owns a fee simple title to
any Unit which is a part of the Property, together with an undivided interest in
the common elements, but excluding those having such interest merely as
security for the performance of an obligation.
PART II-DECLARATION OF
COVENANTS, CONDITIONS,AND RESTRICTIONS
ARTICLE I
GENERAL
Section 1: Submission of Property to G.S. §47-C. Declarant hereby submits the Property
to the provisions of G.S. §47-C. The Property will be administered in accordance
with the provisions of§47-C, the Declaration, and the Bylaws.
Section 2: Condominium Name. The name of the condominium shall be "Drakeford
Library Complex Condominium Project."
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Section 3: Condominium Location. The Property is located on 203 South Greensboro
Street, Carrboro in Orange County,North Carolina.
Section 4: Maximum Number of Declarant Created Units. The maximum number of
Units that Declarant reserves the right to create is two (2).
Section 5: Establishment of Units. Declarant does hereby establish within the Property
two (2) Units, and does hereby designate the such Units for separate ownership.
Pursuant to that certain Development Agreement between the Town and County,
Declarant Town shall own one (1) Unit and Declarant County shall own one (1)
Unit. Reference is hereby made to the Plats and Plans for a separate description
of the boundaries of each Unit, identified by number, said Plats and Plans being
by this reference incorporated herein.
Section 6: Subdivision of Units. Pursuant to G.S. §47C-2-113 Unit Owners shall be
entitled to subdivide its respective Unit into a maximum of five (5) additional
Units. The Association, at the sole expense of the unit owner, shall prepare
execute, and record an amendment to the declaration, including the plats and
plans, subdividing the Unit.
Section 7: Association Membership. Each Unit Owner shall be a member of the
Association.
Section 8: Limited Common Elements. There are no Limited Common Elements with the
exception of the parking spaces as provided in Article II, Section 3 and the
Limited Common Elements created under Article V.
Section 9: Insurance. Insurance policies upon the condominium (other than title insurance)
shall be purchased by the Association in the name of the Executive Board of the
Association, as trustees for the condominium Unit Owners and their respective
mortgagees, if any, as their interest may appear, and shall provide for the
issuance of certificates or mortgage endorsements to the holders of first
mortgages on the condominium Unit(s) secured; and, if the companies writing
such policies will agree, the policies shall provide that the insurer waives its
rights of subrogation as to any claims against condominium Unit Owners, the
Association and their respective servants, agents and guests. The Association
shall maintain replacement cost coverage of the original Building, Parking Deck
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Common Elements, and all other Common Elements and Units as further
described herein. Each condominium Unit Owner shall have the option, but not
the requirement to obtain insurance, at its own expense, affording coverage upon
its condominium Unit, its personal property and for its personal liability and as
may be permitted or required by law, but all such insurance shall contain the
same waiver of subrogation as that referred to above if the same is available.
Section 10: Special Declarant Rights. Declarant reserves the following Special Declarant
Rights for the entire Property, which shall be exercisable during the Period of
Declarant Control or until such time as the Town and County agree in writing to
terminate these rights:
(a) To complete any and all improvements indicated on the Plats and Plans;
(b) To approve all nameplates and signage attached to the exterior of the
Condominium, and to provide uniform appearance and location.
ARTICLE II
PROPERTY RIGHTS
Section 1: Ownership of a Unit shall vest fee simple title to such Unit in the Unit Owner.
Section 2: Every Unit Owner shall own an undivided interest in the Common Elements and
shall have a right and easement of enjoyment in the Common Elements which
shall be appurtenant to and shall pass with the title to every Unit. The undivided
interest in the Common Elements and the right and easement of enjoyment in
such Common Elements are subject to the following:
(a) The Association shall have the right to adopt such rules and regulations as
may be needed to regulate the use and enjoyment of the Common Elements,
including the Limited Common Element parking spaces;
(b) Special Declarant rights as set forth in Article I, Section 10 are limited to
the right to create additional limited common elements within a condominium.
(c) The Association shall have the right to dedicate or transfer, or encumber all
or any part of the Common Elements subject to approval by the Owners as
provided in G.S. § 47C-3-112.
Section 3: The Association shall have the exclusive right to establish the rules and
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regulations pursuant to which the Unit Owners, its employees, servants, invitees
and lessees, may be entitled to use the Common Elements and any Limited
Common Elements, including the right to make permanent and temporary
assignments or allocations of parking spaces. The Town and County shall have
the right, but not the obligation, to have municipal charged parking for one or
more shared Common Element Parking spaces or any of its Limited Common
Element parking spaces.
Section 4: Subject to any rules and regulations established by the Association, a Unit
Owner may delegate his right of enjoyment to all or a part of the Common
Elements or to the extent applicable Limited Common Elements to a lessee the
terms of which shall be properly set forth in a written lease, a copy of which
shall be provided to the Association.
Section 5: The Common Elements and any Limited Common Elements are not subject to
partition, and any purported conveyance, encumbrance, judicial seal or other
voluntary or involuntary transfer of an undivided interest in the Common
Elements by a Unit Owner made without the Condominium Unit to which that
interest is allocated is void. This provision shall not be construed to prevent Unit
Owners from swapping or transferring Limited Common Element parking spaces
with one another in a manner consistent with the rules and regulations authorized
by this Declaration.
ARTICLE III
ALLOCATED INTERESTS
Section 1: The table showing Unit numbers and their Allocated Interests is attached as
Exhibit B. These interests have been allocated in accordance with the formulas
set out in this Article IIl. These formulas are to be used in reallocating interests if
Units are added to the Condominium.
Section 2: The interests allocated to each Unit have been calculated on the following
formulas:
(a) The percentage of undivided interest in the Common Elements allocated to
each Unit is based on the relative floor area of each Unit as compared to the floor
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area of all of the Units in the Condominium.
(b) The percentage of liability for Common Expenses (and Limited Common
Elements) allocated to each Unit is 53.6% for the County and 46.4% for the Town
and is based on the relative floor area of each Unit as compared to the floor area
of the two (2) Units in the Condominium. Nothing contained in this Subsection
shall prohibit certain Common Expenses from being apportioned to particular
Units under Article IV of this Declaration.
(c) The vote in the Association allocated to each Unit is 50% and is not based
on the relative floor area of each Unit as compared to the floor area of all of the
Units in the Condominium.
Section 3: The effective date for assigning Allocated Interests to Units created pursuant to
Declarant rights hereunder shall be the date on which this Declaration, Plats and
Plans creating the Units is recorded in the Registry of Orange County, North
Carolina and the two (2) Units created by Declarant are established and conveyed
as set forth in Article I, Section 5.
ARTICLE IV
ASSESSMENT AND COLLECTION OF COMMON EXPENSES
Section 1: The Declarant, for each Unit owned within the Property, and each Unit Owner
by acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, hereby covenants and agrees to pay the Association: (1) annual
assessments or charges, and (2) special assessments for capital improvements
and for the maintenance, reconstruction and repair of Common Elements. For so
long as the Town and/or County own all Units of the Condominium, the Unit
Owners may, upon written agreement, make proportional direct payments toward
common expenses, capital improvements, maintenance, reconstruction and/or
repair directly to vendors and other providers rather than assessments paid to the
Association, provided that the allocation of direct payment to vendors or other
providers by each Unit Owner is in accordance with Article III, Section 2(b).
Except as provided in Section 2 of this Article IV, the liability of each Unit
Owner for the Common Expenses of the Association shall be in accordance with
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Article III, Section 2 (b). In the event the Town and/or County no longer owns
all Units of the Condominium, any assessment levied against a Unit remaining
unpaid for a period of sixty(60) days or longer shall constitute a lien on that Unit
when filed of record in the office of the Clerk of Superior Court of Orange
County and shall accrue interest at a rate set by the Association not to exceed
18% per annum, or the maximum interest rate allowed under the laws, it being
the intent to allow the Association to accrue interest at the highest amount
permissible under the law. The Association may bring an action at law against
the Unit Owner, or foreclose the lien against the Property. Fees (including
attorneys' fees), charges, late charges, fines, and interest are also enforceable as
assessments. Each such assessment, together with interest, costs, and reasonable
attorneys' fees, shall also be the personal obligation of the person who was the
Owner of such property at the time when the assessment fell due. The personal
obligation for delinquent assessment shall not pass to his successors in title
unless expressly assumed by them.
Section 2: Any expense associated with the maintenance, repair or replacement of Limited
Common Element parking spaces shall be assessed as a Common Expense and
not against the Unit or Units to which the Limited Common Element is assigned.
Any Common Expense for services provided by the Association to an individual
Unit at the request of the Unit Owner shall be assessed against such Unit. Any
charge for a utility service provided solely to a particular Unit or Units shall be
assessed against such Unit or Units. Notwithstanding electricity and water shall
be considered a Common Expense.
Section 3: The lien of the assessments provided for herein shall apply only in the event the
Town and/or County are not Unit Owners. In that event the lien of assessment
provided for herein shall only be subordinate to the lien of any first mortgage
and ad valorem taxes. Sale or transfer of any Unit shall not affect the assessment
lien. The sale or transfer of any Unit pursuant to mortgage or tax foreclosure or
any proceeding in lieu thereof, however, shall extinguish the lien of such
assessments as to payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Unit from liability for any assessments
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thereafter becoming due or from the lien thereof.
Section 4: The annual assessments levied by the Association, , shall be used exclusively to
promote the recreation, health, safety and welfare of the Unit Owners, its
employees, servants, guests, invitees and lessees and in particular for the
acquisition, improvement and maintenance of the condominium, services and
facilities devoted to this purpose, and for the use and enjoyment of the Common
Elements.
Section 5: The annual assessment shall be at the actual cost required for maintenance, repair
and operation of the Condominium. This provision shall remain effective during
such time that the Units are owned by the County and Town.
Section 6: Both annual and special assessments, if any, required shall be at the actual cost
and promptly paid by the Unit Owners.
Section 7: The annual assessments provided for herein shall commence upon the
conveyance of the units to the Town and County.
Section 8: Prior to the Town or County conveying any Unit to a third-party, an Amendment
to Article IV of the Declaration will be filed to amend the provisions herein to be
consistent with the needs and requirements of Unit ownership not held by the
Town or County.
ARTICLE V
UNIT BOUNDARIES AND PARTY WALLS
Section 1: All finish flooring and any other materials constituting any part of the finished
surfaces of the walls, floors, or ceilings are a part of the Units, pursuant to G.S. §
47C-2-102(1). To the extent any duct, wire, conduit, or any other fixtures lies
partially within and partially outside the designated boundaries of a Unit, any
portion thereof serving only that Unit is a Limited Common Element allocated
exclusively to that Unit, and any portion thereof serving more than one Unit or
any portion of the Common Elements is a part of the Common Elements,
pursuant to G.S. §47C-2-102(2). Any decks, porches, balconies, patios and
doors within the building or other fixtures designated to serve a single Unit but
located outside the Unit's boundaries are Limited Common Elements allocated
exclusively to that Unit. For purposes of clarification, the ducts, wire and
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conduit serve the entire building, the Units and Common Elements. There is no
separate electrical or HVAC for the Units. The Plans show designated exterior
decks, balconies and porches are within each Unit's boundary.
Section 2: Each wall which is built as a part of the original construction of a Unit and
placed on the dividing line between the Units or between a Unit and Common
Elements, to the extent applicable as shown on the Plats and Plans shall
constitute a party wall, and, to the extent not inconsistent with the provisions of
this Article, the general rules of law regarding party walls and liability for
property damage due to negligence or willful acts or omissions shall apply
thereto.
Section 3: The cost of reasonable repair and maintenance of all party walls, all exterior
building windows, and all exterior doors leading directly to the outside of the
building shall be shared by the Unit Owners as set forth in Article III, Section 3
(b).
Section 4: Notwithstanding any other provisions of this Article, a Unit Owner who by his
negligent or willful act, or the negligent or willful act of the Unit Owner's
guests, invitees, tenants or agents, causes party wall damage, or damage to
Common Elements or Limited Common Elements shall bear the whole cost of
furnishing the repair or maintenance of the damage caused.
Section 5: The Association will insure the Unit as upfitted including wall coverings, finished
floors, wall to wall carpeting, interior partitioning that is affixed to the Units,
cabinets that are affixed to the Units, built in appliances, mechanical systems
such as plumbing, heating ventilation, and air conditioning, electrical system and
those portions of any wiring for communications systems such as telephone or
computer that are built into the premises. The Unit Owner will be responsible to
insure furniture, equipment, all personal property, computers, telephones, or
other communications equipment, movable furnishings and decorative items,
specialized equipment and trade fixtures, if any may be affixed. The Association
will be responsible to insure the Heating and Air-conditioning system for the
Units and Common Elements.
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ARTICLE VI
EXTERIOR AND INTERIOR MAINTENANCE
Exterior
Section 1: In addition to maintaining the Common Elements, the Association shall provide
exterior maintenance for each Unit, whether part of the Unit or Common
Elements to the extent applicable, which will be subject to the annual
assessment, if any, or any special assessment hereunder, including the
performance of the following, as needed: Paint, repair, replace and care of roofs,
solar pads and panels, exterior building surfaces, trees, shrubs, walks, and other
exterior improvements. Such exterior maintenance shall include glass surfaces.
Maintenance, repair and replacement of glass surfaces shall be the responsibility
of the Association. The repair and maintenance of Heating and Air-Conditioning
system for the Units and Common Elements shall be the responsibility of the
Association.
Section 2: In the event that the need for maintenance, repair, or replacement to the Common
Elements is caused through the willful or negligent act of a Unit Owner, guests,
invitees, or tenants, the cost of such maintenance, replacement, or repairs shall
be added to and become a part of the assessment to which such Unit is subject.
Interior
Section 3: All interior maintenance or repair of each Unit shall be the sole responsibility of
the Unit Owner unless the cause of the maintenance or repair is due to items
covered under exterior maintenance as defined in Section 1 above.
ARTICLE VII
ARCHITECTURAL CONTROL
No building, fence, wall, or other structure or improvement shall be commenced, erected
or maintained upon the condominium or upon the roof of the condominium, (including, but not
limited to the installation of electrical wiring, television or radio antennae or satellite dish or
other objects which may protrude through the walls or roof of the condominium), nor shall any
exterior addition or change therein be made until the plans and specifications showing the
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nature, kind, shape, height, materials, and location of the same shall have been submitted to
and approved in writing by the Executive Board. The Executive Board shall have the right to
appoint an architectural review committee to establish guidelines for any additions or exterior
modifications. Notwithstanding the foregoing, Unit Owner Town may, in its sole discretion,
erect and install radio antennae upon the roof of the Condominium for use by its local radio
station tenant without requiring approval of the Executive Board and/or Unit Owner County.
ARTICLE VIII
USE RESTRICTIONS
Section 1: No Unit shall be used except for municipal and county approved government
function, including but not limited to the Orange County Southern Branch
Library and related uses, County and Town offices, or other business and
professional purposes and such use must conform to state and local zoning
ordinances insomuch as each Unit is hereby restricted to use by the Unit Owner
thereof, his employees, servants, guests, invitees and lessees, for those uses and
purposes permitted in the zoning district in which the Condominium is located,
excluding those uses permitted therein only upon obtaining a special use permit
or variance. Provided, however, with the prior written consent of the
Association, a Unit Owner may seek a variance or special or conditional use
permit, or other required regulatory approval (hereafter any of terms are
"regulatory approval") and upon obtaining the same may engage in those uses of
the Unit permitted by such regulatory approval subject to the further restrictions
of this Declaration. Upon obtaining a regulatory approval, the Unit Owner shall
file a certified copy thereof with the Secretary of the Association.
Section 2: No noxious or offensive activity shall be conducted upon any Unit nor shall
anything be done thereon which may be or may become an annoyance or
nuisance.
Section 3: No animals of any kind shall be kept or maintained in any Unit without
permission of the Executive Board.
Section 4: Except as provided in Article VII hereinabove, no outside radio or television
antennas, including satellite dishes or receivers shall be erected on any Unit
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unless and until permission for the same has been granted by the Executive
Board. Permission will be contingent on evidencing that the proposed erection
will not materially negatively affect the Units or Common Elements.
Section 5: No signs may be placed in or on the common elements advertising or promoting
a non-government business or business function. Notwithstanding the foregoing,
Town's local radio station tenant may place a sign advertising its radio station
within the window of the radio studio space, which shall be part of the Town's
Unit as shown on the Condominium plats and plans. All signage shall be in
compliance with the Town ordinance. No other signs shall be permitted on or
about the Units, other than those signs specifically referred to in Article I,
Section 10.
Section 6: All window coverings (i.e., curtains, blinds, draperies, shades, etc.) shall appear
white or off-white from the exterior, and are deemed the responsibility of the
Unit Owner.
Section 7: Unit Owners shall not park or store any camper, trailer, trailer vehicle, or similar
vehicle within the Condominium including the parking deck unless approved in
writing by the Executive Board. No trucks shall be permitted to park without
Executive Board approval except for standard passenger vans, pickup trucks, or
sport utility vehicle. No motor vehicle not currently registered, inspected and
licensed shall be parked or stored anywhere on the premises. Subject to any
existence requirement that the Town is responsible for towing any vehicle, the
Association reserves the right to tow any vehicles in violation of this Section and
charge the Unit Owner for the cost of towing. In no event shall the Association
be held liable for the towing of any vehicle that is in violation of this Section.
This provision shall not be construed to prevent delivery and/or maintenance
trucks and vans providing services to the Unit Owners from parking temporarily
within a designated delivery area, which designated delivery area may be
established by the Association pursuant to Article II hereinabove.
ARTICLE IX
EASEMENTS
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Section 1: Easements for maintenance, repair or modification of utilities and drainage
facilities are reserved as shown on the recorded Plats and Plans and other like
easements may be granted by the Executive Board in the name of the
Association for the benefit of the condominium and for the benefit of any Unit,
including the right to install, lay, maintain, repair and replace, waterlines, pipes,
sewer lines, storm drainage facilities, telephone wires, cable television wires and
electrical conduits, wires over, under and along any portion of the Property, and
the Owners of any Unit hereby grant to the Association an irrevocable power of
attorney to execute, acknowledge and record for and in the name of each Unit
Owner such instruments as may be necessary to effectuate the foregoing. Within
these easements no structure, planting or other material shall be placed or
permitted to remain which may interfere with the installation and maintenance of
utilities, or which may obstruct or change the flow of drainage channels in the
easements.
Section 2: To the extent applicable, all Units and Common Elements shall be subject to
easements for the encroachment of improvements constructed on adjacent Units
by the Declarant to the extent that such improvements actually encroach.,
Section 3: Declarant shall have a reasonable construction easement across the Common
Elements for the purpose of constructing unfinished or new improvements on the
Units. Declarant shall also have such easements through the Common Elements
as may be reasonably necessary for the purpose of discharging a Declarant's
obligations or exercising Special Declarant Rights as provided herein. In the
event Declarant in its construction activities causes any damage to the Common
Elements it will repair the damage at its cost.
Section 4: The Association shall have a right of entry upon the Units and any limited
Common Elements to effect emergency repairs, and a reasonable right of entry
upon the Units to effect other repairs, improvements, replacement or
maintenance as necessary.
Section 5: All easements granted herein are appurtenant to and shall run with the land, and
shall inure to the benefit of and be binding upon the Declarant, the Association,
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Owners, occupants, and mortgage holders, and any other person or entity having
an interest in the condominium.
Section 6: Each Unit Owner shall have an easement in common with the Owners of all
other Units to use all chutes, flues, pipes, wires, ducts, cables, conduits, and
public utilities serving his Unit. Each Unit shall be subject to an easement in
favor of the Owners of all other Units to use the chutes, flues,pipes, wires, ducts,
cables, conduits, and public utility lines, and other Common Elements serving
such other Units and located in such Unit. The Executive Board, or its agents,
shall have a right of access necessary to inspect the same, to remove violations
therefrom, and to maintain, repair or replace the Common Elements contained
therein or accessible therefrom, and to make emergency repairs therein necessary
to prevent damage to the Common Elements or to another Unit or Units. Each
Unit Owner specifically shall have an easement of access through all other Units
as may be reasonably necessary to maintain, repair and replace all components of
mechanical systems serving his Unit and to maintain, repair and replace those
portions of his Unit or Limited Common Elements within his sphere of
responsibility.
Section 7: An easement is hereby established over the Common Elements for the benefit of
applicable governmental agencies, utility companies and public service agencies
as necessary for setting, removing and reading of meters, replacing and
maintaining water, sewer and drainage facilities, electrical, telephone, gas and
cable antenna lines, firefighting, garbage, collection, postal delivery, emergency
and rescue activities and law enforcement activities.
Section 8: An easement is hereby established, to the extent necessary in favor of the Town
and County, it its guests, invitees, employees, agents and lessees for ingress,
egress and regress over the common element parking deck driveways or lanes to
allow proper access to parking. The Executive Board will further define in rules
and regulations the limitations of access or use of the common element parking
deck, including the hours of operation, public parking metering. The provisions
of this Declaration providing that certain parking spaces are deemed limited
common elements of either the Town or the County shall be interpreted to apply
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as a limitation on access to parking spaces.
ARTICLE X
RIGHT OF FIRST REFUSAL
Section 1: The Town and County agree that in the event either party intends to sell its interest
in its Unit or any subsequent created Unit or Units, the selling party agrees that
prior to listing or otherwise placing the Unit or Units up for bid or sale, the
selling party shall provide the other party with written notice of its intent to sell
the Unit or Units. The non-selling party shall have the exclusive option for a
period of one hundred and twenty days (120) days from the date of receipt of
such written notice to submit a written offer to purchase at a price agreeable to
the parties. In the event the parties cannot agree upon a price for the Unit or
Units to be sold, the parties shall both secure appraisals from a North Carolina
licensed appraiser, and the purchase price for the Unit or Units to be sold shall be
determined by calculating the average of the two appraisal valuations. In the
event that the non-selling party determines that it shall not proceed with the
purchase of the Unit or Units using the average between the two appraisal
valuations, then in that event the selling party shall have the right to market and
sell the Unit or Units, subject to complying with all state and or federal rules,
regulations and requirements of the sale of real estate by a North Carolina
County or Town. However, the non-selling party shall have five (5) business
days to match or exceed any 3rd party offer obtained by the selling party, and if
matched or exceeded, closing must occur within 90 days of acceptance and the
offer to purchase memorializing the agreement shall be devoid of closing
contingencies. Notwithstanding, the non-selling party shall have a fair
opportunity to inspect the property before entering executing the offer to
purchase agreement.
Section 2: If the non-selling party determines that it will not purchase the Unit or Units, it
shall notify the selling party in writing and provide public record notice of the
termination of the rights provided for hereunder, on or before the conveyance of
the selling party Unit or Units to the third-party purchaser, but the non-selling
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party will retain its right of first refusal for any sale of the purchased Unit or
Units by the third-party purchaser.
Section 3: This right of first refusal shall be binding upon parties, however the rights pursuant
to this Article are "personal" to the Town and County and the Town and County
shall have no obligation under the terms of this Article to any third-party
purchaser, its successors and/or assigns.
Section 4: If any clause, provision or paragraph of this Article, shall for any reason, be held
illegal, invalid, or unenforceable, such illegality, invalidity, or enforceability
shall not affect any other clause, provision or paragraph hereof, and this Article
shall be construed and enforced as if such illegal, invalid, or unenforceable
clause,paragraph or other provision had not been contained herein.
Section 5: This Article shall be effective upon the recording of this Declaration and continue
for a period of fifteen (15) years, however, either party shall have the right to
renew the first right of refusal for additional fifteen (15) year periods by
providing written public record notice on or before thirty (30) days prior to the
end of the each fifteen(15) year period.
ARTICLE XI
GENERAL PROVISIONS
Section 1: All powers granted in the Declaration or the Bylaws to the Association shall be
exercisable by the Executive Board, except as expressly provided in the
Declaration, the Bylaws, or G.S. § 47-C.
Section 2: The Association may adopt and enforce reasonable rules and regulations not in
conflict with the Declaration and supplementary thereto, as more fully provided
in the Bylaws.
Section 3: The Association shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens and charges now
or hereafter imposed by the provisions of this Declaration and the Bylaws
of the Association. Failure by the Association to enforce any covenant or
restriction herein shall in no event be deemed a waiver of the right to do so
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thereafter. Upon notice to the Association of a violation hereunder and a failure
of the Association to take action upon said violation within 90 days, any Unit
Owner, or other holder of an interest in the condominium may undertake the
enforcement of the provisions of the Declaration at his own expense.
Section 4: Invalidation of any one of these covenants or restrictions by judgment or court
order shall in no way affect any other provisions which shall remain in full force
and effect.
Section 5: The covenants and restrictions of this Declaration shall run with and bind the
land, for a term of twenty (20) years from the date this Declaration is recorded,
after which time they shall be automatically extended for successive periods of
ten (10) years. This Declaration may be amended during the first 20-year period
by an instrument signed by not less than one hundred (100) percent of the Unit
Owners, and thereafter by an instrument signed by not less than one hundred
(100 percent of the Owners. Any amendment must be recorded. For purposes of
an amendment to this Declaration, a Unit Owner shall be entitled to one vote for
each unit owned regardless of the percentage of allocated interest associated with
the ownership of the Unit.
Section 6: The fiscal year of the Association shall begin on the first day of January and end
the 31st day of December of each year, except that the first fiscal year shall
begin on the date of recording this Declaration.
IN WITNESS WHEREOF, Declarant of this Declaration has caused this instrument to
be executed in its name as s duly by County and Town, this day of , 2025.
SIGNATURE PAGE TO FOLLOW
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THE COUNTY OF ORANGE,
a body politic and corporate,
a political subdivision of the State of North Carolina
(Seal)
Chair
Orange County,North Carolina
Board of Commissioners
(Seal)
Laura Jensen, Clerk
Orange County,North Carolina
Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF
I, ,Notary Public for the County of ,
State of North Carolina, certify that LAURA JENSEN,personally appeared before me on the
day of , 2023 and acknowledged that she is the Clerk to the Board of
Orange County,North Carolina, Board of County Commissioners, and to verify Jamezetta
Bedford's execution of this North Carolina Special Warranty Deed, conveying real property, that
Jamezetta Bedford is Chair of the Orange County Board of Commissioners and signed in that
capacity.
Witness my hand and official stamp or seal, this the day of , 2023.
Notary Public
My Commission Expires:
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23
TOWN OF CARRBORO,
a North Carolina municipal corporation
BY: (SEAL)
Name:
Title: Town Manager
Date:
ATTEST:
(SEAL)
By:
Name: Town Clerk
Title:
Date:
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I, ,Notary Public for the County of ,
State of North Carolina, certify that the
,personally appeared before me
this day and acknowledged that (s)he is Town Clerk of the Town of
Carrboro, a North Carolina municipal corporation, and that by authority duly given and as the act
of the municipal corporation, the foregoing and annexed instrument was signed in its name by
, its Town Manager, sealed, and attested by
(him) (her) as its Town Clerk.
Witness my hand and official stamp or seal, this the day of , 2025.
Notary Public
My Commission Expires:
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EXHIBIT "A" TO DECLARATION
DESCRIPTION OF LAND AND UNITS
TO BE ADDED
WHEN SURVEY COMPLETED
EXHIBIT B
INITIAL UNDIVIDED ALLOCATED INTEREST OF UNITS
Unit Number Square Feet Percentage Share
1 19,581.14 53.6%
2 16,946.37 46.4%
TOTAL 100%
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EXHIBIT C
BYLAWS OF ORANGE COUNTY AND CARRBORO LIBRARY AND OFFICE
CONDOMINIUM, OWNERS ASSOCIATION,
a unincorporated non-profit association
ARTICLE I
MEETINGS OF MEMBERS
Section 1: The first annual meeting of the members shall be held within one year from the
date of formation of the Association, and each subsequent regular annual
meeting of the members shall be held on the same day and the same month of
each year thereafter.
Section 2: Special meetings of the members may be called at any time by the president or
the Executive Board, or upon written request of 20% of the members, pursuant to
G.S. § 47C-3-108.
Section 3: Written notice of each meeting shall be given by, or at the direction of, the
secretary or person(s) authorized to call the meeting, by hand delivering,
facsimile, email, or mailing a copy of such notice, postage prepaid, at least 10
days and not more than 45 days before such meeting to each member as provided
in G.S. § 47C-3-108.
Section 4: The Executive Board shall develop a budget that is approved and adopted by the
Town and County as part of the annual budget approval process for the Town
and County. w.
Section 5: The presence at the meeting of members or proxies entitled to cast fifty one
percent (51%) of the votes shall constitute a quorum for any action except as
otherwise provided by law.
Section 6: Every Unit Owner shall be entitled to cast the number or percentage of votes as
provided in the Declaration for the Units owned by such member.
Notwithstanding the above, amendments to the Declaration shall be voted as set
forth in Article X, Section 5 of the Declaration.
Section 7: Pursuant to G.S. § 47C-3-1 10, votes allocated to a Unit may be cast pursuant to
a dated written proxy signed by a Unit Owner. A Unit Owner may not revoke a
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proxy except by written notice delivered to the person presiding over a meeting
of the Association. A proxy terminates one year after its date, unless it specifies
a shorter term.
Section 8: In the event the Town or County do not own one or both of the Units, this Article
I will be amended.
ARTICLE II
OFFICERS AND EXECUTIVE BOARD: SELECTION: TERM OF OFFICE
Section 1: The affairs of the Association shall be managed by an Executive Board of at
least two (2) members, who shall be entitled to act on behalf of the Association.
The Executive Board shall Members shall be the Town Manager and the County
Manager.
Section 2: Any Executive Board member, may be removed in accordance with G.S. § 47C-
3-103(b). In the event of death, resignation or removal of a director, his
successor shall be selected by a majority of the members voting at a meeting
when a quorum is present. The successor shall serve the remainder of the term.
Section 3: No Executive Board member shall receive compensation for any service he may
render to the Association outside of his or her normal employment as an
employee of the Town or County. However, with the prior approval of the
Executive Board, any Executive Board member may be reimbursed for actual
expenses incurred in the performance of his duties.
Section 4: The Executive Board shall have the right to take any action in the absence of a
meeting which they could take at a duly held meeting by obtaining the written
consent of the other Executive Board members to the action. Any action so
approved shall be filed in the Association books and records and shall have the
same effect as though taken at a meeting of the Executive Board.
ARTICLE III
MEETINGS OF EXECUTIVE BOARD
Section 1: Meetings of the Executive Board shall be as deemed necessary by the Board,
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without notice, or as determined by the Board, at such place and hour as may be
fixed from time to time by resolution of the board. Special meetings of the
Executive Board may be called by any member of the Executive Board, after not
less than three (3) days-notice to the other Executive Board member.
Section 2: A majority of the Executive Board members shall constitute a quorum for the
transaction of business. Every act or decision done or made by a majority of the
Executive Board members present at a duly held meeting shall be regarded as the
act of the board.
ARTICLE IV
POWERS AND DUTIES OF THE EXECUTIVE BOARD
Section 1: Subject to the provisions contained herein and applicable law, the Executive
Board shall have the power and authority to exercise all the rights of the
Association, including, but not limited to:
(a) Adopt rules and regulations governing the use of the common area and
facilities, the personal conduct of the members and their guests thereon, and
establish penalties for the infraction thereof,
(b) Employ a professional property manager, an independent contractor, or
other employees as they deem necessary, and prescribe their duties; provided
always, any contract for professional management must contain a clause
requiring not more than 90 days termination notice;
(c) Procure, maintain and pay premiums on an insurance master policy(s) and
equitably assess the Owners of the same for their prorata portion of such
expense, and to procure and maintain liability insurance for the Board of
Directors.
(d) Impose and receive any payments, fees, or charges for the use, rental, or
operation of the Common Elements other than for service provided to Unit
Owners; and
(e) Exercise all other powers that may be exercised in this state by legal
entities of the same type as the Association;
(f) Exercise any other powers necessary and proper for the governance and
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operation of the Association; and
(g) Have and to exercise any and all powers, rights and privileges which a
unincorporated non-profit association of the State of North Carolina by law may
now or hereafter have or exercise.
Section 2: It shall be the duty of the Executive Board to:
(a) Cause the Common Elements to be maintained, repaired, and replaced as
necessary, and to assess the Unit Owners to recover the cost of the upkeep of the
Common Elements.
(b) Serve as the architectural committee, or the right to delegate that
responsibility;
(c) Keep a complete record of all its acts and corporate affairs and present a
statement thereof to the members at the annual meeting, or at any special
meeting when such statement is requested in a writing signed by 51% of the
members;
(d) Supervise all officers, agents and employees, if any, of the Association,
and see that their duties are properly performed;
(e) Create a y annual assessment budget and the mechanism for the Town and
County to promptly collect and pay for all Association obligations to maintain
the Common Elements.
(f) Procure and maintain, at all times, adequate replacement coverage hazard
insurance on the property owned by the Association and all property for which
the Association has the duty to maintain, and sufficient liability insurance to
adequately protect the Association as provided in G.S. § 47C-3-113; and
(g) Cause all officers or employees, including officers and employees of
professional management, having fiscal responsibilities to be bonded, as it may
deem appropriate.
ARTICLE V
OFFICERS AND THEIR DUTIES
Section 1: The officers of this Association shall be a president, vice-president, and
secretary/treasurer. The officers shall be appointed by the Executive Board from
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among the members of the Executive Board. An Executive Board member can
also be an officer and an Executive Board Member may hold more than one
office (eg. President and treasurer).
(a) The president shall preside at all meetings of the Executive Board; see that
orders and resolutions of the Executive Board are carried out; sign all leases,
mortgages, deeds and other written instruments and may co-sign all checks and
promissory notes. However, the president may elect to have the property manager
be responsible for daily operation and for the manager to have periodic meetings
to correctly oversee the Association.
(b) The vice-president shall act in the place of the president in the event of his
absence, inability or refusal to act, and shall exercise and discharge such other
duties as may be required of him by the Executive Board.
(c) The secretary shall record the votes and keep the minutes of all meetings
and proceedings of the Executive Board and of the members; serve notice of
meetings of the Executive Board and of the members; keep appropriate current
records showing the members of the Association together with their addresses;
prepare, execute, certify, and record amendments to the Declaration on behalf of
the Association; and perform such other duties as required by the Executive
Board.
(d) The treasurer shall have authority to disburse such funds related to the
affairs of the Association as directed by the Executive Board; may sign all
checks and promissory notes of the Association; keep proper books of account;
cause an annual audit of the Association books to be made by a public
accountant or other person suitable to the Executive Board at the completion of
each fiscal year; and prepare an annual budget and a statement of income and
expenditures to be presented to the membership at its annual meeting, and
deliver a copy to each member. The Treasurer with the consent of the Board
may assign any of these activities to the Property Manager.
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ARTICLE VI
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable
business hours, be subject to inspection by any member. The Declaration and Bylaws of the
Association shall be available for inspection by any member at the principal office of the
Association.
ARTICLE VII
SEAL
N/A
ARTICLE VIII
AMENDMENTS TO BYLAWS
These Bylaws may be amended, at a regular or special meeting of the members, by a
vote of the majority of the members.
IN WITNESS WHEREOF, we, being all of the members of the Executive Board of
Drakeford Library Complex Condominium Owners Association an unincorporated nonprofit
association have hereunto set our hands this day of , 2025.
CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of the Drakeford Library Complex
Condominium Owners Association and
THAT the foregoing Bylaws constitute the original Bylaws of such Association and
were duly adopted at a meeting of the Board of Directors thereof, held on the day of
12025.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of
the Association this day of 92025.
Secretary
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Attachment 2
NORTH CAROLINA
SPECIAL WARRANTY DEED
Excise Tax: $EXEMPT
Parcel Identifier No.
Mail after recording to: Beemer, Hadler& Willett, P.A.
This instrument was prepared by: Wayne R. Hadler, Esq. (WITHOUT TITLE EXAMINATION)
THIS DEED made this day of , 2025 by and between
GRANTOR
TOWN OF CARRBORO, a North Carolina municipal corporation
GRANTEE
TOWN OF CARRBORO, a North Carolina municipal corporation, a 46.4% undivided interest, and
THE COUNTY OF ORANGE, a body politic and corporate,
a political subdivision of the State of North Carolina, a 53.6% undivided interest
P.O. Box 8181
Hillsborough,NC 27278
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular,plural,masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
32
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all that certain lot or parcel of land situated in Orange County, North Carolina,
and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE
The property hereinabove described was acquired by Grantor by instrument recorded in Book 5582,
Page 486, Orange County Registry.
A map showing all or a portion of the above-described property was previously recorded in Plat Book
128, Page 92, Orange County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as
Grantor received, and that Grantor will warrant and defend the title against the lawful claims of all
persons claiming by, under or through Grantor, except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
Easements, conditions and restrictions of record, if any.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year
set forth below.
SIGNATURE AND ACKNOWLEDGEMENT PAGE TO FOLLOW
33
TOWN OF CARRBORO,
a North Carolina municipal corporation
BY: (SEAL)
Name:
Title: Town Manager
Date:
ATTEST:
(SEAL)
By:
Name: Town Clerk
Title:
Date:
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I, ,Notary Public for the County of , State of
North Carolina, certify that the ,
personally appeared before me this day and acknowledged that (s)he is Town
Clerk of the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly
given and as the act of the municipal corporation, the foregoing and annexed instrument was signed in
its name by , its Town Manager, sealed, and
attested by(him) (her) as its Town Clerk.
Witness my hand and official stamp or seal,this the day of , 2023.
Notary Public
My Commission Expires:
34
EXHIBIT"A"
BEING all of that property consisting of 0.937 acres, more or less, as shown on a map and survey
entitled"RECOMBINATION & EASEMENT PLAT, 203 S. Greensboro Street" ,prepared by
Sungate Design Group, P.A. dated December 4, 2024, and recorded in Plat Book 128, Page 92, Orange
County Registry, to which map reference is made for a more particular description of same. PIN:
9778-85-7932
35
Attachment 3
NORTH CAROLINA
SPECIAL CONDOMINIUM WARRANTY DEED
Prepared by:Beemer,Hadler&Willett,P.A. Excise Tax: $EXEMPT
Return to: Grantee Tax Parcel:
THIS DEED made this day of , 2025 by and between
GRANTOR
TOWN OF CARRBORO, a North Carolina municipal corporation, a 46.4% undivided
interest, and THE COUNTY OF ORANGE, a body politic and corporate,
a political subdivision of the State of North Carolina, a 53.6% undivided interest
P.O. Box 8181
Hillsborough,NC 27278
GRANTEE
THE COUNTY OF ORANGE, a body politic and corporate,
a political subdivision of the State of North Carolina
P.O. Box 8181
Hillsborough,NC 27278
The designation Grantor and Grantee as used herein shall include said parties,their heirs,
successors, and assigns, and shall include singular,plural,masculine, feminine or neuter as
required by context.
WITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee,the
receipt of which is hereby acknowledged,has and by these presents does grant,bargain, sell and
convey unto the Grantee in fee simple,that certain property in the County of Orange, State of
North Carolina more particularly described in EXHIBIT "A"ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
36
All or a portion of the property hereinabove described was acquired by Grantor by instrument
recorded in Deed Book 5582,Page 486 and Deed Book ,Page , Orange County
Registry.
Title to the property hereinabove described is subject to the following exceptions:
➢ All taxes and assessments if any due payable.
➢ Applicable zoning ordinances and other restrictions and regulations of government
authorities.
➢ All of the terms, conditions,provisions,rights,privileges, obligations, easements and
liens set forth and contained in the Declaration of Covenants, Conditions and Restrictions
of DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT recorded in
Deed Book ,Page , Orange County Registry and the Bylaws of
DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT, all as now or
hereafter may be amended.
➢ All other restrictions, agreements and easements of record which affect the
Condominium.
➢ Each and all of such easements,rights-of-way,reservations,restrictions on use, and
covenants, conditions, and obligations, are incorporated in this Deed by reference, and
shall constitute covenants running with the Property inclusive of the Land, equitable
servitudes and liens to the extent set forth in said documents as provided by law.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee,their heirs, successors, and assigns,in fee simple.
GRANTOR covenants with the Grantee, that Grantor has done nothing to impair such
title as Grantor received, and that Grantor will warrant and defend the title against the
lawful claims of all persons claiming by, under or through Grantor, subject to all the terms,
provisions, conditions, obligations, limitations,restrictions and easements contained in the
aforesaid Declaration, and any amendments thereto and subject to restrictions, easements and
rights-of-way of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the
day and year set forth below.
SIGNATURE AND ACKNOWLEDGEMENT PAGES TO FOLLOW
[SIGNATURE AND ACKNOWLEDGEMENT TO FOLLOW]
37
TOWN OF CARRBORO,
a North Carolina municipal corporation
BY: (SEAL)
Name:
Title: Town Manager
Date:
ATTEST:
(SEAL)
By:
Name: Town Clerk
Title:
Date:
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I, ,Notary Public for the County of
State of North Carolina, certify that the
, personally appeared
before me this day and acknowledged that(s)he is Town Clerk of
the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly
given and as the act of the municipal corporation, the foregoing and annexed instrument
was signed in its name by , its Town
Manager, sealed, and attested by (him) (her) as its Town Clerk.
Witness my hand and official stamp or seal, this the day of 92025.
Notary Public
My Commission Expires:
38
THE COUNTY OF ORANGE,
a body politic and corporate,
a political subdivision of the State of North Carolina
(Seal)
Chair
Orange County,North Carolina
Board of Commissioners
(Seal)
Laura Jensen, Clerk
Orange County,North Carolina
Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF
I, ,Notary Public for the County of
, State of North Carolina, certify that LAURA JENSEN, personally
appeared before me on the day of , 2025 and acknowledged that she
is the Clerk to the Board of Orange County, North Carolina, Board of County
Commissioners, and to verify Jamezetta Bedford's execution of this North Carolina
Special Warranty Deed, conveying real property, that Jamezetta Bedford is Chair of the
Orange County Board of Commissioners and signed in that capacity.
Witness my hand and official stamp or seal, this the day of 52025.
Notary Public
My Commission Expires:
39
EXHIBIT "A"
All that certain lot or parcel of land situated in the Town of Carrboro, Orange County,
North Carolina, and more particularly described as follows:
BEING all of Condominium Unit 1 in Drakeford Library Complex Condominium
Project, a Condominium according to Declaration of Covenants, Conditions and
Restrictions filed in Deed Book , Page , Orange County Registry and as may
be further amended (hereinafter collectively the "Declaration") together with all of the
appurtenances to said units, including the specified 53.6% undivided interests in and to
the common areas of Drakeford Library Complex Condominium Project. The foregoing
unit are shown on the plat and plans recorded in Plat Book , Pages , Orange
County Registry. Said Declaration, amendments thereto, and plat and plans are hereby
incorporated herein by reference.
Site Address: 203 South Greensboro Street, Carrboro,NC 27510
PIN:
40
Attachment 4
NORTH CAROLINA
SPECIAL CONDOMINIUM WARRANTY DEED
Prepared by:Beemer,Hadler&Willett,P.A. Excise Tax: $EXEMPT
Return to: Grantee Tax Parcel:
THIS DEED made this day of , 2025 by and between
GRANTOR
TOWN OF CARRBORO, a North Carolina municipal corporation, a 46.4% undivided
interest, and THE COUNTY OF ORANGE, a body politic and corporate,
a political subdivision of the State of North Carolina, a 53.6% undivided interest
P.O. Box 8181
Hillsborough,NC 27278
GRANTEE
TOWN OF CARRBORO, a North Carolina municipal corporation
301 W. Main Street
Carrboro,NC 27510
The designation Grantor and Grantee as used herein shall include said parties,their heirs,
successors, and assigns, and shall include singular,plural,masculine, feminine or neuter as
required by context.
WITNESSETH,that the Grantor, for a valuable consideration paid by the Grantee,the
receipt of which is hereby acknowledged,has and by these presents does grant,bargain, sell and
convey unto the Grantee in fee simple,that certain property in the County of Orange, State of
North Carolina more particularly described in EXHIBIT "A"ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
41
All or a portion of the property hereinabove described was acquired by Grantor by instrument
recorded in Deed Book 5582,Page 486 and Deed Book ,Page , Orange County
Registry.
Title to the property hereinabove described is subject to the following exceptions:
➢ All taxes and assessments if any due payable.
➢ Applicable zoning ordinances and other restrictions and regulations of government
authorities.
➢ All of the terms, conditions,provisions,rights,privileges, obligations, easements and
liens set forth and contained in the Declaration of Covenants, Conditions and Restrictions
of DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT recorded in
Deed Book ,Page , Orange County Registry and the Bylaws of
DRAKEFORD LIBRARY COMPLEX CONDOMINIUM PROJECT, all as now or
hereafter may be amended.
➢ All other restrictions, agreements and easements of record which affect the
Condominium.
➢ Each and all of such easements,rights-of-way,reservations,restrictions on use, and
covenants, conditions, and obligations, are incorporated in this Deed by reference, and
shall constitute covenants running with the Property inclusive of the Land, equitable
servitudes and liens to the extent set forth in said documents as provided by law.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee,their heirs, successors, and assigns, in fee simple.
GRANTOR covenants with the Grantee, that Grantor has done nothing to impair such
title as Grantor received, and that Grantor will warrant and defend the title against the
lawful claims of all persons claiming by, under or through Grantor, subject to all the terms,
provisions, conditions, obligations, limitations,restrictions and easements contained in the
aforesaid Declaration, and any amendments thereto and subject to restrictions, easements and
rights-of-way of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the
day and year set forth below.
SIGNATURE AND ACKNOWLEDGEMENT PAGES TO FOLLOW
[SIGNATURE AND ACKNOWLEDGEMENT TO FOLLOW]
42
TOWN OF CARRBORO,
a North Carolina municipal corporation
BY: (SEAL)
Name:
Title: Town Manager
Date:
ATTEST:
(SEAL)
By:
Name: Town Clerk
Title:
Date:
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
I, ,Notary Public for the County of
State of North Carolina, certify that the
, personally appeared
before me this day and acknowledged that(s)he is Town Clerk of
the Town of Carrboro, a North Carolina municipal corporation, and that by authority duly
given and as the act of the municipal corporation, the foregoing and annexed instrument
was signed in its name by , its Town
Manager, sealed, and attested by (him) (her) as its Town Clerk.
Witness my hand and official stamp or seal, this the day of 92025.
Notary Public
My Commission Expires:
43
THE COUNTY OF ORANGE,
a body politic and corporate,
a political subdivision of the State of North Carolina
(Seal)
Chair
Orange County,North Carolina
Board of Commissioners
(Seal)
Laura Jensen, Clerk
Orange County,North Carolina
Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF
I, ,Notary Public for the County of
, State of North Carolina, certify that LAURA JENSEN, personally
appeared before me on the day of , 2025 and acknowledged that she
is the Clerk to the Board of Orange County, North Carolina, Board of County
Commissioners, and to verify Jamezetta Bedford's execution of this North Carolina
Special Warranty Deed, conveying real property, that Jamezetta Bedford is Chair of the
Orange County Board of Commissioners and signed in that capacity.
Witness my hand and official stamp or seal, this the day of 52025.
Notary Public
My Commission Expires:
44
EXHIBIT "A"
All that certain lot or parcel of land situated in the Town of Carrboro, Orange County,
North Carolina, and more particularly described as follows:
BEING all of Condominium Unit 2 in Drakeford Library Complex Condominium
Project, a Condominium according to Declaration of Covenants, Conditions and
Restrictions filed in Deed Book , Page , Orange County Registry and as may
be further amended (hereinafter collectively the "Declaration") together with all of the
appurtenances to said units, including the specified 46.4% undivided interests in and to
the common areas of Drakeford Library Complex Condominium Project. The foregoing
unit are shown on the plat and plans recorded in Plat Book , Pages , Orange
County Registry. Said Declaration, amendments thereto, and plat and plans are hereby
incorporated herein by reference.
Site Address: 203 South Greensboro Street, Carrboro,NC 27510
PIN:
NOTARY FOR YOUR SIGNATURE 45
NORTH CAROLINA
COUNTY OF
I, A NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY
THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED
LJ BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR
O O ❑ O O O SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR
F-1 F7 THE PURPOSE STATED THEREIN AND IN THE CAPACITY
0 INDICATED:
STOP
DATE:
{ \ . NOTARY PUBLIC
MY COMMISSION EXPIRES:
Cl Cl
C2 7< INCLUD DIN
SHAREDCOMMON
ELEMENT AREA
\ o o I,THE UNDERSIGNED ARCHITECT,BEING LICENSED
UNDER THE PROVISION OF CHAPTER 83A OF THE
- - GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING
{ - - IS ACCURATE AND COMPLIES WITH LOCAL BUILDING
CODES AND CONTAINS ALL THE INFORMATION REQUIRED
BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109,
THE LAYOUT LOCATION,CEILING,AND FLOOR
ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE
�:. UNITS AS BUILT,AND THE SAME HAVE BEEN
` - SUBSTANTIALLY COMPLETED.
IT
MARCH 18,2025
f1 �o i RICHARD GURLITZ
�I
` 15 ( _
SEE DECLARATION OF CONDOMINIUM RECORDED ON
2025 IN BOOK ,PAGE
HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE
UNIT 1 ORANGE COUNTY UNIT I ORANGE COUNTY SPACE IN DJECT OANCEWTSUDIVIHI SAID DECLARATION NDN OR RELOCATION OF BOUNDARIES
THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY.
UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OF CARRBORO SPACE
Space Summary-Level 01
(See Hatch Legend)
SHARED COMMON ELEMENT AREA
OWNER AREA
�°�°' OC LIMITED COMMON ELEMENT AREA
TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 10,970.58 sf
UNIT 2 TOWN OF CARRBORO SPACE 8,880.99 Sf
SHARED COMMON ELEMENT AREA 11,369.66sf
Drakeford Library Complex Condominium Project -- Level 01 Scale: 1/16°= V-0° page 1 of OC LIMITED COMMON ELEMENT AREA 0 S
TOC LIMITED COMMON ELEMENT AREA 0 sf
203 South Greensboro Street
Carrboro,NC 27510
TOTAL GSF LEVEL 01 31,221.23 sf
NOTARY FOR YOUR SIGNATURE 46
NORTH CAROLINA
COUNTY OF
I, A NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY
THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED
BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR
SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR
THE PURPOSE STATED THEREIN AND IN THE CAPACITY
INDICATED:
DATE41 :
NOTARY PUBLIC
_ MYOMMI NEXPIRE :
C SS 0 S
— F ti
- .s�
. d
o
I,THE UNDERSIGNED ARCHITECT,BEING LICENSED
D D UNDER THE PROVISION OF CHAPTER 83A OF THE
\ U U _ GENERAL STATUE HEREBY CERTIFY THAT THISDRAWING
IS ACCURATE AND COMPLIES WITH LOCAL BUILDING
CODES AND CONTAINS ALL THE INFORMATION REQUIRED
BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109,
THE LAYOUT,LOCATION,CEILING,AND FLOOR
ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE
UNITS AS BUILT,AND THE SAME HAVE BEEN
I< SUBSTANTIALLY COMPLETED.
I � �
V�. MARCH 18,2025
RICHARD GURLITZ
II ` PARKING DECK-SPACES ALLOCATED TO EACH UNIT AS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA:
AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA. SEE DECLARATION OF CONDOMINIUM RECORDED ON
,2026 IN BOOK ,PAGE
HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE
SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES
UNIT 1 ORANGE COUNTY UNIT i ORANGE COUNTY SPACE IN ACCORDANCE WITH SAID DECLARATION AND
THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY.
UNIT2 TOWN OF CARRBORO UNIT 2 TOWN OF CARR.OR.SPACE
Space Summary-Level 02-P1
(See Hatch Legend)
®SHARED COMMON ELEMENT AREA
OWNER AREA
OC LIMITED COMMON ELEMENT AREA
TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 5,756.12 sf
UNIT 2 TOWN OF CARRBORO SPACE 2,853.07 sf
SHARED COMMON ELEMENT AREA 14,828.92 sf
Drakeford Library Complex Condominium Project -- Level 02-P1 Scale: 1/16°= V-0" page 2of7 OC LIMITED COMMON ELEMENT AREA 144.00 sf
TOC LIMITED COMMON ELEMENT AREA 6,859.87 sf
203 South Greensboro Street
Carrboro, NC 27510 TOTAL GSF LEVEL 02-P1 30,441.98 sf
NOTARY FOR YOUR SIGNATURE 47
NORTH CAROLINA
COUNTY OF
I, A NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY
THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED
BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR
SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR
THE PURPOSE STATED THEREIN AND IN THE CAPACITY
INDICATED:
DATE:
i
gg&g&
NOTARY PUBLIC
MY COMMISSION EXPIRES:
�` vvVo oVo ov
7
. , « ovvvvvo vvvv h
v o v1 vv �+
o vv v0000 vvo
I,THE UNDERSIGNED ARCHITECT,BEING LICENSED
- v vvv 0 v UNDER THE PROVISION OF CHAPTER 83A OF THE
v ov STATUEHEREBY CERTIFY DRAWING
+ vv ISACCURATE AND COMPLIES WITH LOCALBUILDING
_ CODES AND CONTAINS ALL THE INFORMATION REQUIRED
BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109,
THE LAYOUT,LOCATION,CEILING,AND FLOOR
2` PnaKi aoecK - -- PA+Km< <.v vv
y � %/-. o o v ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE
>> �� ✓ +vv UNITS AS BUILT,AND THE SAME HAVE BEEN
ONg
.vvv. O °° SUBSTANTIALLY COMPLETED.
i
v
I i
vv
v 0
v
-
S7 �
- MARCH 18,2025
RICHARD GURLITZ
—
v
v ,
I
v o
—- -- ----———— — —— ——— — X
LIN\\%I I
PARKING DECK-SPACES ALLOCATED TO EACH UNIT AS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA;
AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA. SEE DECLARATION OF CONDOMINIUM RECORDED ON
,2025 IN BOOK ,PAGE
HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE
SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES
UNIT 1 ORANGE COUNTY UNIT 1 ORANGE COUNTY SPACE IN ACCORDANCE WITH SAID DECLARATION AND
THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY.
UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OF CARRBORO SPACE n ry-
s ace Summa Level 03-P2
(See Hatch Legend)
SHARED COMMON ELEMENT AREA
OWNER AREA
OC LIMITED COMMON ELEMENT AREA
TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 2,854.44 sf
UNIT 2 TOWN OF CARRBORO SPACE 5,212.31 sf
SHARED COMMON ELEMENT AREA 14,241.13 sf
Drakeford Library Complex Condominium Project -- Level 03-P2 Scale: 1/16"=V-0" page 3 of 7 OC LIMITED COMMON ELEMENT AREA 6,750.62 sf
TOC LIMITED COMMON ELEMENT AREA 0 sf
203 South Greensboro Street
Carrboro, NC 27510
TOTAL GSF LEVEL 03-P2 29,058.50 sf
NOTARY FOR YOUR SIGNATURE 48
NORTH CAROLINA
COUNTY OF
I, A NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY
THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED
BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR
SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR
THE PURPOSE STATED THEREIN AND IN THE CAPACITY
INDICATED:
DATE:
NOTARY PUBLIC
I ° I I I MY COMMISSION EXPIRES:
° \� \
vvvvvv1
GK3 F vvovv V. o vv
IT
vvov
vvovv
7 7 1 v 1 vv 1 17 7 v000v-
L I I I
oo w.". v v 7 �' vv II
I,THE UNDERSIGNED ARCHITECT,BEING LICENSED
°v v v°o v° v o°a o v° o°v v v o°o _�`v v°v7 UNDER THE PROVISION OF CHAPTER 83A OF THE
\ vo GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING
v vv v v o 0 o v�11117171vo v°v o IS ACCURATE AND COMPLIES WITH LOCAL BUILDING
oossxxi. v CODES AND CONTAINS ALL THE INFORMATION REQUIRED
v ° °v E2 - - BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2109,
vvov v v v
xxruw*s vvvvvvv vvo vv
sxnisx. v v v o o v v v vvov :-v v v Pnxx va oec� THE LAYOUT,LOCATION,CEILING,AND FLOOR
R° - ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE
sou an °sol - _ _ UNITS AS BUILT,AND THE SAME HAVE BEEN
013 _ A'- SP o ° - SUBSTANTIALLY COMPLIED.
o I v MARCH 18,2025
a
°°o v 1 �� v
RICHARD GURLITZ
\ v
vvovv°v� __
vCO
vvvvvv \
°voovvv
PARKING DECK-SPACES ALLOCATED TO EACH UNIT AS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA;
AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA. SEE DECLARATION OF CONDOMINIUM RECORDED ON
,2025 IN BOOK ,PAGE
HATCH LEGEND ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE
SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES
UNIT 1 ORANGE COUNTY ®UNIT 1 ORANGE COUNTY SPACE IN ACCORDANCE WITH SAID DECLARATION AND
THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY.
UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OP CARRBOROSPACE n
s ace Summa Level P3
(See Hatch Legend)
®SHARED COMMON ELEMENT AREA
OWNER AREA
°v p v v OC LIMITED COMMON ELEMENT AREA
TOC LIMITED COMMON ELEMENT AREA UNIT 1 ORANGE COUNTY SPACE 0 sf
UNIT 2 TOWN OF CARRBORO SPACE 0 sf
SHARED COMMON ELEMENT AREA 10,371.11 sf
Drakeford Library Complex Condominium Project -- Level P3 Scale: 1/16"=V-0" page 4 of 7 OC LIMITED COMMON ELEMENT AREA 7,074.16 sf
TOC LIMITED COMMON ELEMENT AREA 0 Sf
203 South Greensboro Street
Carrboro, NC 27510
TOTAL GSF LEVEL P3 17,445.27 sf
NOTARY FOR YOUR SIGNATURE 49
NORTH CAROLINA
COUNTY OF
I, A NOTARY PUBLIC IN
v AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY
THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED
BEFORE ME THIS DAY,ACKNOWLEDGING TOME THAT HE OR
SHEVOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR
THE PURPOSE STATED THEREIN AND IN THE CAPACITY
INDICATED:
'-/, V
TOP
DATE:
L.
NOTARY PUBLIC
i
MY COMMISSION EXPIRES:
PARKING
CO cBELnW \\
I,THE UNDERSIGNED ARCHITECT,BEING LICENSED
UNDER THE PROVISION OF CHAPTER 83A OF THE
GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING
IS ACCURATE AND COMPLIES WITH LOCAL BUILDING
ei.e aAox � CODES AND CONTAINS ALL THE INFORMATION REQUIRED
BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109,
THE LAYOUT,LOCATION,CEILING,AND FLOOR
ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE
UNITS AS BUILT,AND THE SAME HAVE BEEN
SUBSTANTIALLY COMPLETED.
A
�\ MARCH 18,2025
PARKING DECK-SPACES ALLOCATED TO EACH UNIT AS SHOWN ON HATCH LEGENDS AS LIMITED COMMON ELEMENT AREA;
RICHARD GURLITZ
AND 36 SPACES ALLOCATED AS SHARED COMMON ELEMENT AREA.
HATCH LEGEND
Building Summary-All Levels UNIT 1 ORANGE COUNTY <,s` UNIT i ORANGE COUNTYSPACE
OWNER AREA UNIT 2 TOWN OF CARRBORO UNIT 2 TOWN OF CARRBORO SPACE
UNIT 1 ORANGE COUNTY SPACE 19,581.14 sf
UNIT 2 TOWN OF CARRBORO SPACE 16,946.37 sf (See Hatch Legend) ®SHARED COMMON ELEMENT AREA
SHARED COMMON ELEMENT AREA 66,959.31 sf OC LIMITED COMMON ELEMENTAREA SEE DECLARATION OF CONDOMINIUM RECORDED ON
2025 IN BOOK,
OC LIMITED COMMON ELEMENT AREA 14,118.52 sf ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE
TOC LIMITED COMMON ELEMENT AREA SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES
TOC LIMITED COMMON ELEMENT AREA 6,859.87 sf IN ACCORDANCE WITH SAID DECLARATION AND
THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY.
TOTAL GSF 124,465.21 sf Space Summary-Level P4
OWNER AREA
UNIT 1 ORANGE COUNTY SPACE 0 sf
UNIT 2 TOWN OF CARRBORO SPACE 0 sf
SHARED COMMON ELEMENT AREA 16,148.47 sf
Drakeford Library Complex Condominium Project -- Level P4 Scale: 1/16°=V-0° page 5 of 7 OC LIMITED COMMON ELEMENT AREA 149.75 sf
TOC LIMITED COMMON ELEMENT AREA 0 sf
203 South Greensboro Street
Carrboro, NC 27510
TOTAL GSF LEVEL P4 16,298.22 sf
NOTARY FOR YOUR SIGNATURE JO
NORTH CAROLINA
COUNTY OF
I, A NOTARY PUBLIC IN
AND FOR SAID COUNTY AND STATE DO HEREBY CERTIFY
T
THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED
ME THAT
(1 I � \"J c wcws*s.ss a< P1 usE p P2 ELEC Eou,auEw.a�xl�wlTM P3BEFORE ME THIS DAY,ACKNOWLEDGING TO DOCUME T OR
Y 7
SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR
THE PURPOSE STATED THEREIN AND IN THE CAPACITY
INDICATED:
soaE Rangassemazr �cwa cu�awawr�rszii cumrurvwauasseuazr 'ns coxcx ev.na DATE:
` �
Msosrese� NOTARY PUBLIC
MY COMMISSION EXPIRES
" `` �="' v r * •wn I,THE UNDERSIGNED ARCHITECT,BEING LICENSED
� -•'� -' --- " - UNDER THE PROVISION OF CHAPTER 83A OF THE
.rse,erYJ �� °rsasnwzsincM nssnmsr Mnesen.: GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING
scessxseoaosr .,esF.aowrY a.c rem.sr coxcRere nsseme°, ea on IS ACCURATE AND COMPLIES WITH LOCAL BUILDING
"�s,oxExsa,.as:ows`r CODES AND CONTAINS ALL THE INFORMATION REQUIRED
� BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109,
' I South Elevation THE LAYOUT,LOCATION,CEILING,AND FLOOR
ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE
Scale:1/10"=V-0" UNITS AS BUILT,AND THE SAME HAVE BEEN
SUBSTANTIALLY COMPLETED.
Y Y 7 7 7 MARCH 18,2025
I I I I I eau���.l sacKv�Ea�ssMar I
s¢ros*sanno ss wawxwa«ass�xw.
RICHARD GURLITZ
suruvssouAnwar� coovoiw. wuasi
SEE DECLARATION OF CONDOMINIUM RECORDED ON
° 2025 IN BOOK PAGE
ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE
SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES
IN ACCORDANCE WITH SAID DECLARATION AND
THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY.
A.,nmusx wuvsoarc�aFru s.�eFxox.sssEMasr e,YJ °
M�ssEMs°. s<.��sssw��wsx w+xsr
srwrvu:sssniiuim
.ALff; coxcAss
' I West Elevation
Scale'.1/16"=1'-0"
Drakeford Library Complex Condominium Project -- Exterior Elevations Scale: 1/16°= V-0° page 6 of 7
203 South Greensboro Street
Carrboro, NC 27510
NOTARY FOR YOUR SIGNATURE 51
NORTH CAROLINA
COUNTY OF
I, A NOTARY PUBLIC IN
AND FOR SAID COUNTYAND STATE DO HEREBY CERTIFY
THAT THE FOLLOWING PERSON(S)PERSONALLY APPEARED
BEFORE ME THIS DAY,ACKNOWLEDGING TO ME THAT HE OR
I3 2n SHE VOLUNTARILY SIGNED THE FOREGOING DOCUMENT FOR
Y THE PURPOSE STATED THEREIN AND IN THE CAPACITY
ccxcxcxcxcxcxcx xcx xcxcxcxcxcx: INDICATED:
�nms«.wza 1.5 1.3
.. nr scaEEx eacaysxE-a,ras, QQ DATE:
a �asp—l\ w'ri e NOTARY PUBLIC
Ma- MY COMMISSION EXPIRES:
STMFROW
e l
v`
I,THE UNDERSIGNED ARCHITECT,BEING LICENSED
UNDER THE PROVISION OF CHAPTER 83A OF THE
`�seE r�« oRAww ea�cxvennnrrcei nwnsseme�r cuarunw seaeExseoao s. GENERAL STATUE HEREBY CERTIFY THAT THIS DRAWING
�r IS ACCURATE AND COMPLIES WITH LOCAL BUILDING
sroasaaonrsssue�r CODES AND CONTAINS ALL THE INFORMATION REQUIRED
BY NORTH CAROLINA GENERAL STATUTE SECTION 47C-2-109,
' I North Elevation THE LAYOUT,LOCATION,CEILING,AND FLOOR
ELEVATIONS,UNIT NUMBERS,AND DIMENSIONS OF THE
Scale.1/16"-1 0" UNITS AS BUILT,AND THE SAME HAVE BEEN
SUBSTANTIALLY COMPLETED.
PF PE PD PC P8 aE souauwnr PA MARCH 18,2025
auseeo
eeu.wisx`E nuc el". RICHARD GURLITZ
SEE DECLARATION OF CONDOMINIUM RECORDED ON
2025 IN BOOK ,PAGE
s.a — - — — — — — — — ORANGE COUNTY REGISTRY,AS AMENDED.THE UNITS ARE
--'T--��,- SUBJECT TO SUBDIVISION OR RELOCATION OF BOUNDARIES
�—' -- - - IN ACCORDANCE WITH SAID DECLARATION AND
f- —
THESE FLOOR PLANS MAY BE AMENDED ACCORDINGLY.
' I East Elevation
Scale'. 1/16"=1'-0"
Drakeford Library Complex Condominium Project -- Exterior Elevations Scale: 1/16°=V-0° page 7 of 7
203 South Greensboro Street
Carrboro,NC 27510
52
,e. ; ,�
PRELIMINARY PLAT— NOT FOR
RECORDATION, CONVEYANCES
OR SALES
Roberson Street e
,�.,e°.,u. �— ��.�" —/J �ry�"«.o I ,° � `°�"` � «H i---'—� �M„•.«,° "I 9 o gll„�,
I y�%
I NN
203 S. Greensboro St.
m 40,805.1 S9.FL
0.937 Acres
11 _ 5
_«
IL
ww
ft
^° ,» .� 6 _•-----
treat
" — Drakeford Library Complex
\gd 8-4— •—°_g—$ E Braxton Street ———__——_ Condominium Project
m Foushee J
(40'Public R/W)
o w, Town(Property of
F.K.A.E. Street ————1 Town f Carrboro&Orange County)
Foushee Street _
�"9 X�cVPROPERTY ADDRE55:203 S.GREENSBORO STREET
n(men T
PIN REFERENCE:9778-85-7942
LEGAL DESC NE INT GREENSBORO k CARR ST
H.—wuz 1R.— DEED REFERENCES:5582-486;6864-964;
p 965(MERGE)
nm..poOO k ¢ I L PL4T REFERENCES:946864--24:128-92
vwu»x c�srs OWNERSADDRESSES:
Moi
CHAPEL HIu TOWNS-
- ORANGE CouNTv
NORTH CAROLINA
-- 4µ®
„ p w p11..21
w
dFREEHOLD LAND SURVEYS, INC. c—Lee "'"°° N N.».S 9H .ao,e=moo L H°,°..°» ,23798
53
Attachment 7
MEMORANDUM OF UNDERSTANDING ("MOU")
between
ORANGE COUNTY
and
TOWN OF CARRBORO
The Parties acknowledge that the facility is subject to the Declaration of Covenants,
Conditions, and Restrictions and related Bylaws governing the Drakeford Library Complex
Condominium. This MOU supplements those documents by outlining operational
responsibilities and procedures specific to the joint use of the facility. In the event of a
conflict, the Parties will confer in good faith to align this MOU with the Condominium
Documents while preserving its operational intent.
I. PURPOSE AND SCOPE
The purpose of this MOU is to clearly identify the roles and responsibilities of each party as
they relate to the development, administration and use of that property located at 203 South
Greensboro Street, Carrboro,NC. This Memorandum of Understanding is to supplement
those terms and conditions in the "Declaration of Covenants, Conditions, and Restriction of
203 South Greensboro Street Project, A Condominium"which have been duly recorded with
the Orange County,NC, Register of Deeds. In particular, this MOU is intended to define and
delineate roles and responsibilities, outline communication, financial, and other expectations
of the parties use of the facility located at 203 South Greensboro Street, Carrboro,NC
II. PARTIES
The parties to this Memorandum of Understanding are: Orange County ("the County") and
Town of Carrboro (or"Carrboro").
III. BACKGROUND
Carrboro and Orange County jointly own the property consisting of 0.883 acres, more or less,
surveyed as "Fakhoury Property"per"Recombination Map of Fakhoury Property" surveyed
by Kenneth Close, Inc. recorded in Plat Book 94, Page 24, Orange County Registry, the same
being assigned PIN: 9778-85-7932. A Declaration of Covenants, Conditions and Restrictions
has been filed with the Register of Deeds and is located under INSERT INFO HERE
IV. EXECUTIVE COMMITTEE
1.) The Executive Committee, as discussed in the Declaration of Covenants, Conditions and
Restrictions, consists of the Town Manager and the County Manager. The Executive
Committee will establish and appoint members to a committee known as the Drakeford
Facility Operations Committee, who will be responsible for the daily operations of the
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facility and developing a document containing standard operating procedures, emergency
protocols, guidelines for shared spaces, and any other items related to the daily operations
of the facility, which will hereafter be known as the Drakeford Policies and Procedures
Manual.
2.) The Executive Committee will approve the Drakeford Policies and Procedures Manual.
The Town and County agree to follow the established operational guidelines detailed in
the Drakeford Policies and Procedures Manual for the joint operation of the facility. The
Drakeford Policies and Procedures Manual will be reviewed and updated periodically to
maintain efficiency and compliance with applicable regulations. In the event changes are
needed, the Drakeford Facility Operations Committee will work together to make
changes and seek approval from the Executive Committee. In the event there is a
disagreement on the changes or conditions of the guidelines, the Executive Committee
will meet to discuss and determine the changes.
3.) County shall have unlimited access to that portion of the building shown on those sections
marked on Exhibit 1 denoted as "County."
4.) Town of Carrboro shall have unlimited access to that portion of the building shown on
those sections marked on Exhibit 1 denoted as "Town of Carrboro."
5.) Both County and Town of Carrboro shall have unlimited joint access to that portion
known as the "Common Area"marked on Exhibit 1.
6.) The County and Carrboro agree to include a Room and Space Sharing Agreement in the
Drakeford Policies and Procedures Manual that will be mutually beneficial to both
parties.
7.) Utilities for the entire building, including the two Units and Common Area or Common
Elements will operate on one service meter for each separate utility serving the entire
building. The County will be responsible for paying all single meter utilities for the
building, including the Units and Common Area or Common Elements and then seek
reimbursement at the agreed upon split, 53.6% for the County and 46.4% for the Town.
8.) The County shall be responsible for providing Custodial services to the facility, including
Units and Common Areas or Common Elements
9.) The Town shall be responsible for providing security services for the facility.
10.) The Town shall be responsible for the maintenance, repair and for contractually
engaging all public Wi-Fi in Common Area or Common Element spaces and will be
reimbursed by the County as set forth in Section IV, 7 below. The Town and County
shall each be responsible for the repair and maintenance of all IT systems in its
designated Unit space.
11.) Maintenance: The Town will be responsible for all maintenance of the Common Areas
or Common Elements and all building-wide systems that service Town and County
space, including but not limited to the parking garage, HVAC, Fire alarm, badge readers,
cameras,plumbing, landscaping, remedial work, repairs or warranty work. The Town
shall have sole control and discretion in the work to be performed and costs of the same.
Notwithstanding in the event a single expense estimated to be in excess of five thousand
dollars ($5000.00), the parties will communicate with each other and agree to the expense
prior to engaging the vendor unless it is an emergency requiring immediate action for
maintenance or repair.
12.) Maintenance and repair of the portion of the building designated to be a Unit for the
separate use of the Town or County, shall be borne by the party designated to use the
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separate Unit, including all maintenance and repairs not associated with building-wide
systems, such as repair of all finishes (walls, floors, ceiling).
13.) On a monthly basis, all costs incurred throughout the month will be totaled, and one
request for reimbursement will be sent to the Town. Reimbursements should be paid
through electronic funds transfer. All invoices that make up the total reimbursement
request will be included as backup documentation. All charges will be billed at the split
53.6% County and 46.4% Town.
14.) Consistent with Paragraph 8 above, each party shall be responsible for any work to be
performed and any costs associated with the same, in its respective areas described in
Paragraphs 2 and 3 above. If repairs affect facility wide building systems (i.e. fire alarm)
-the parry conducting the repairs will facilitate work and interrupts with the other party,
to not affect their operation to the best of their ability. If interruptions are an emergency,
the party conducting the repair will communicate to their best of their ability to the other
party.
15.) With regard to casualty insurance, and material damage or destruction of the building:
a. The Town will secure a single policy and agree to maintain casualty insurance for
the replacement cost of the structure and liability insurance for$1 M/$2M. The
Town will ensure the gap policy extends until such time as the Condominium is
filed of record and both the Town and County are Unit Owners.
b. The Town will obtain coverage based on the valuation of the building and provide
that valuation report to the County.
c. The Town will obtain coverage from an insurer authorized in the state with a
current AM Best's rating of no less than ANII,unless otherwise acceptable to
both parties.
d. The Town will provide a copy of the insurance quote to the County,with the
additionally insured endorsement.
e. The following language will be used to list Orange County as additional insured:
Orange County, its officers, officials, agents, employees and agents are designated
as additionally insured.
f. The Town will ensure that Orange County can file claims under the Town's
insurance policy.
g. Cost of insurance born by the Town and County based on their agreed upon
Condominium Unit ownership share of the structure. Upon submission of an
invoice by the Town to the County showing the insurance amount due, a check or
electronic payment method for reimbursement from the County to the Town
within 30 days after presentation.
h. In the event of damage or loss
i. the party whose Units damaged is responsible for the uninsured costs
(deductible, and any overage); and
ii. each parry is responsible for restoration
i. In the event of a catastrophic or total loss, the parties to mutually agree to either:
(i)rebuild, sharing the uninsured costs based on ownership shares, or(ii)
distribute the insurance proceed and sell the land based on respective ownership
interests.
16.) In the event an incident is reported to a party, the respective party will follow their
internal incident reporting procedures. If the incident is related to the other party's
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operation or ownership responsibilities, the other party will communicate immediately
about the incident for any necessary follow-up and remediation.
17.) Elections:
a. The multipurpose rooms (151A and 151B) located within the facility shall serve
as official election sites for local, state, and federal elections, including early
voting, as determined by the Orange County Board of Elections. Orange County
shall be responsible for coordinating with the Town and the appropriate election
authorities to ensure the rooms are prepared and compliant with all applicable
laws and accessibility requirements. Orange County shall further be responsible
for all necessary equipment, security, and operational support during election
periods. The Town shall provide logistical support, including but not limited to
facility access and public notification, as requested by the County. The parties
acknowledge that use of the multipurpose rooms for election purposes is a priority
use and shall take precedence over all other scheduled activities during such
periods. In the event of a scheduling conflict, including but not limited to pre-
scheduled conferences or events, the Town shall reschedule or relocate such
events to allow for uninterrupted use of the multipurpose rooms for election-
related activities.
b. The parties acknowledge that use of rooms 207 and 219 by the Town during
election periods is a priority use and shall take precedence over all other
scheduled activities during such periods. In the event of a scheduling conflict,
including but not limited to pre-scheduled conferences or events, the County shall
reschedule or relocate such events to allow for uninterrupted use of rooms 207
and 219 for Town programming.
18.) Security and Building Conduct: The County and the Town agree to collaborate on the
development of a comprehensive Conduct and Courtesy plan for the facility, which will
be a part of the Drakeford Policies and Procedures Manual. Each party shall be
responsible for implementing security measures related to the plan within their respective
designated areas, while joint responsibility will be shared for common areas.
19.) Neither Town nor County shall be liable to the other for any property damage sustained
by the other,personal injury to the other or to its officers, agents and employees,
irrespective of how such injury or damage may be caused, whether from action of the
elements or acts of negligence of the occupants of adjacent properties, or any other
persons; provided that nothing contained herein shall relieve either Town or the County
of the consequences of its own negligence to the extent provided by law.
20.) Employees of both the County and Town acknowledge that they shall not be agents or
employees of the other entity when responding to an incident pursuant to this
Memorandum of Understanding.
21.) Town and the County shall be responsible for payment of workers' compensation
benefits only to their own respective employees.
22.) The Parties shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal non-
discriminations laws, policies, rules.
23.) Modification of this MOU must be in writing and approved by both parties.
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24.) This MOU and any exhibits and amendments attached hereto and any documents
incorporated specifically by reference represent the entire agreement between the parties
and supersede all prior oral and written statements or agreements.
Parties indicate agreement with this MOU by their signatures:
ORANGE COUNTY TOWN OF CARRBORO
By: By:
Name: Name:
Title: Title:
Date: Date:
- - 58
OR- -A-NGE COUNTY
NORTH CAR(3LINA
Review of the Condominium
Agreement and the Memorandum of
Understanding with the Town of
Carrboro for the Operation of the
Drakeford Library Complex
July 8,, 2025
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RELATIONSHIP BETWEEN THE
CONDOMINIUM AGREEMENTAND
MEMORANDUM OF UNDERSTANDING
• The condominium agreement establishes the legal basis for the
joint ownership of the property. Once approved by both jurisdictions,
it will be recorded as part of the official record. There will be little
need to change this document.
• The Memorandum of Understanding ("MOU") establishes the
principles for the joint operation of the facility outside of those
stipulated in the condominium agreement. Both jurisdictions approve
the MOU, which may be amended as needed and re-approved by
both jurisdictions.
ORANGE COUNTY
NORTH CAROLINA
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THE CONDOMINIUM AGREEMENT
• The Condominium Agreement establishes:
— The joint ownership of the facility through the recordation of the agreement and
associated documents.
— As documented in the building survey, the areas that will be separately owned as
units and joint-ownership areas.
— How the costs of the operation of the facility will be split between Orange County
(53.6%) and the Town of Carrboro (46.4%)
— The right of first refusal if either party wants to sell their stake in the building.
— The Executive Board, whose only members are the Orange County Manager and
the Town of Carrboro Manager.
ORANGE COUNTY
NORTH CAROLINA
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THE MEMORANDIUM OF UNDERSTADING
• MOU establishes:
— The Drakeford Operations Committee, and its roles and responsibilities.
— Each jurisdiction's responsibility for providing services to the entire facility
• Orange County
— Utilities (Electricity, Water, Natural Gas)
— Cleaning services contract
• Town of Carrboro
— Maintenance of the core building systems ( HVAC, Fire, Elevator)
— Wi-Fi in all common public spaces
— Security services contractor
— Insurance
— Badge reader and security cameras
— The process by which both parties reimburse the other for shared expenses.
ORANGE COUNTY
NORTH CAROLINA
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THE MEMORANDUM OF UNDERSTANDING
• MOU Establishes: (continued)
— The creation of a Drakeford Policy and Procedures Manual to further detail the
facility's operation. The manual would be approved regularly by the Executive
Committee.
— That starting in 2026 early and same-day election voting will occur in the multi-
purpose rooms (151 A&B) on the ground floor. The County has agreed to make
several classrooms available for Carrboro events to help offset the use of the
multi-purpose rooms.
— An agreement to create a Conduct and Courtesy Policy based on the existing
Orange County Library's policy.
ORANGE COUNTY
NORTH CAROLINA
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Attachment 9
To: Travis Myren, Orange County Manager
From: Wayne R. Hadler, Esq.
Beemer Hadler &Willett PA
Alan Dorman
Director, Asset Management Services
Orange County
RE: BOCC Questions
Date: June 30, 2025
Response to BOCC Questions:
By way of background, the Declaration and Bylaws were drafted as a product of a workgroup
that was formed in late summer 2023. The members of the workgroup were from the County
and Town. The County representatives were Steve Arndt, Alan Dorman, and Erin Sapienza. The
Town representatives were JC Ferguson, Jon Hartman-Brown, and Ben Schmadeke. During the
sequence of four (4) meetings between October 5, 2023, and May 7, 2024, Keith Berger (Town),
Sharon M. Hinton (County), and Nancy Coston (County) were also included in 1 or more
meetings. Meetings included an agenda sent to all participants, and follow-up minutes were
circulated.
Below, in red, are my responses to the questions raised by three (3) of the County
Commisioners.
Questions from Commissioner Marilyn Carter:
General question re: division of ownership %:
Wayne Hadler: I have drafted deeds that will result in Orange County owning a 53.6% undivided
interest in the real property and the Town of Carrboro owning a 46.4% interest. Both parties
will convey the two (2) Condominium Units as follows: Orange County will be the Unit 1 Owner,
with a 53.6% share of the interest of the Common Elements of the Condominium; and the Town
of Carrboro will be the Unit 2 Owner with a 46.4% interest in the Common Elements.
How is the parking garage factored into this?
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Wayne Hadler: The parking space allocations to the County and Town were agreed upon prior to
the workgroup formation. The workgroup reviewed and discussed various concerns about how
to operate the parking deck and where each party would have parking spaces. The County was
allocated 46 library spaces and 45 skill development spaces. The Town was allocated 44 spaces,
and 36 spaces were allocated as shared spaces for the County and Town. As stated, the
workgroup considered where to locate the spaces and wanted language in the Declaration of
Condominium to allow flexibility to move spaces around after the building was in use. The
Condominium Plans show the following: Parking Level I has 45 total allocated to the Town and
one space is allocated to the County for skills development; Parking Level 2 has 44 spaces and
all allocated to the County for skills development; Parking level 3 has 45 spaces allocated to the
County for the library; and Parking Level 4 has 37 spaces of which 36 are shared space
allocation and one space for the allocated for the County library. Level 4 is primarily for
employee parking.
The Condominium Declaration provides that the Association can create rules and regulations
regarding the parking spaces. The Property rights provisions of the Declaration, Article 11, was
drafted to provide the Town and County flexibility to create rules or regulations for the parking
spaces.
PP91 Section 6
Subdivision of Units. Pursuant to G.S. §47C-2-113 Unit Owners shall be
entitled to subdivide its respective Unit into a maximum of five (5) additional
Units. The Association, at the sole expense of the unit owner, shall prepare
execute, and record an amendment to the declaration, including the plats and
plans, subdividing the Unit.
Q— how many additional units have been identified by each Owner to date?
Wayne Hadler: To date no additional Condominium Units have been created by the County or
Town. When the Condominium is recorded, the County will own Unit 1 and the Town will own
Unit 2. The provision in the Declaration of Condominium to allow the County or Town to create
additional units provides each party with flexibility if the County or Town decides to subdivide
its existing unit into additional units. This provision was an outgrowth of workgroup discussion
in the workgroup meetings between September 2023 and May, 2024.
PP 91 Section 9: Insurance
Each condominium Unit Owner shall have the option, but not
the requirement to obtain insurance, at its own expense, affording coverage upon
its condominium Unit, its personal property and for its personal liability and as
may be permitted or required by Iaw.Q—why would this be optional?
Wayne Hadler: The document was drafted to provide flexibility for the County and Town to self-
insure its personal property. Detailed Insurance provisions for the Condominium were
reviewed by the County and Town and respective insurance representatives and are reflected
in detailed provision in the Memorandum of Understanding that is currently in place.
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PP 109: Meetings of Members
Who are the Members? When would we anticipate a budget to be presented/adopted?
Wayne Hadler: The Members are the County and the Town.
Alan Dorman: The budget for operating the facility is contained within the existing budgets of
the County and Town departments and approved as part of the annual budget process.
Questions from Commissioner Jean Hamilton
I have questions about the Drakeford Library Complex that I will be asking tonight. First, I want
to echo Marilyn's question: who are the members of the association? How are the officers
determined (PDF p 112)?
Wayne Hadler: The Members are the County and the Town. The Executive Committee appoints
the officers but can also serve as the officers. This was done to simplify operational flexibility
for the Association.
It does not make sense to me that officers shall be appointed by the Executive Board from
among the members of the Executive Board.
Wayne Hadler: The bylaws allow the Executive Committee to serve as officers in one or more
roles. The bylaws do not require the Executive Committee to serve as officers, but it is an
option. The workgroup thought this model would work well for the County and Town as it
would keep the Association simple. It was my understanding that the County Manager or the
Town Manager would delegate various aspects of the management of the building as necessary.
The County and Town have recently completed work on a Memorandum of Understanding that
provides a good working document for the parties.
Also, I would like clarification about the removal of an Executive Board member and how
decides (pdf p 110). 1 seems to me that the BOCC would want to be able to replace its county
manager and not the majority of members.
Wayne Hadler: The intent would be for the County or Town to simply replace the Manager if
the Manager were no longer with the Town or County. It could be an acting or interim County
Manager if a job search was in place for a new hire.
Why is the name on the Association on PDF p 109 different from elsewhere in the documents.
Finally, can there be consistent language between the MOU and the other documents with
Executive Board/Executive Committee. And there are various typos scattered through the
condominium agreement.
Wayne Hadler: I apologize for any "typos". The drafts were sent out many months ago and I
have not yet "scrubbed" or final edited the documents for typos. The Drakeford Library
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Complex Condominium Owners Association name will be uniform in the document at the time
of recording.
Questions from Commission Jamezetta Bedford;
The biggest problem is that there are two members of the Executive Bd (town manager and
county manager) and no way to break a tie on any issue. And, in Jean's question, if one of the
members dies for example, then there is no way to have quorum (51%) and it's wrong that the
other manager would appoint the replacement. Legal Catch 22.
Wayne Hadler: The intent is for the Executive Board to be composed of the County Manager
and Town Manager. If one of the Managers were to die, the Town or County would replace that
Manager with a new Manager. A quorum in this instance means each of the parties, the
County and the Town, is represented at the meeting rather than those specific individuals. The
Executive Committee members can serve as officers in one or more roles.
I had no idea the land that Carrboro owned is being conveyed to the condominium association
and not sure that is a good idea. Has that always been the plan?
Wayne Hadler: Condominium agreements require that unit owners jointly own common
elements, including the land.
How has that been calculated into costs all along?
Alan Dorman: The 2017 development agreement discussed the allocation of costs for the
project. The agreement does not explicitly mention how the conveyance of land would be
considered in the cost allocation.
I think we need to change the wording from take the insurance and sell the land, to use
insurance to cover demolition and clean up and offer rights of first refusal on the land or the
land reverts to Carrboro ownership.
Wayne Hadler: I need additional information from the Commissioner to answer this question.