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HomeMy WebLinkAboutAgenda - 09-20-2005-10aF ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 2005 Action Agenda Item No. 10-q SUBJECT: Durham County Proposal -New Hope Preserve Interlocal Agreement DEPARTMENT: County Attorney, ERCD PUBLIC HEARING: (Y /N) No ATTACHMENT(S): 1. Durham County Proposal / Letter 2. Chair's Response of 7/13 3. Orange County Staff Memo 4. Resolution of Participation - April 8, 2005 5. Durham Staff Memo - Master Planning INFORMATION CONTACT: Geof Gledhill, 732 -2196 David Stancil, 245 -2590 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To consider and discuss possible participation in a proposal from Durham County to create an interlocal agreement regarding property that is being jointly acquired along the New Hope Creek corridor (which also includes a proposal for a new committee to develop a new plan for a larger segment of the New Hope corridor). BACKGROUND: On April 8, Orange County agreed to participate in a joint effort with Durham County, the Town of Chapel Hill, the City of Durham, Triangle Land Conservancy (TLC) and private individuals (individually and as part of the Erwin Area Neighborhood Group or EANG) to acquire a 43 -acre parcel of land in both Durham and Orange Counties along Erwin Road. This property, informally known as "Erwin Trace" (the name of the proposed development on the property), includes almost 11 acres in Orange County at the intersection of Pickett Road and Erwin Road. In a resolution adopted on April 8, Orange County agreed to participate in the project and to contribute $125,000, and accept pledges of $50,000 from Triangle Land Conservancy and $25,000 from the Town of Chapel Hill, to provide a total amount of $200,000 toward the joint acquisition. In April, Durham County signed an option to purchase the property over a three - year period. The closing on the property is expected to occur in April 2008. At the same time, Orange County concluded prior discussions with Duke University regarding the acquisition of another 7 acres of land owned by Duke across Pickett Road from this 2 property. The Board approved this purchase, which had been in the works before the interlocal purchase, in May of 2005. This purchase is slated to close this month. Over the past few years, the County has worked in conjunction with Triangle Land Conservancy to acquire identified lands along the New Hope Corridor between Erwin Road and the Durham County line to protect the stream corridor and provide for a future trail connection. This has been a component of the Lands Legacy Action Plan 2004 -06 (adopted in 2004). In addition to the 7 -acre Hollow Rock Access Area purchase from Duke mentioned above, two other properties along the corridor have been acquired to date — a conservation easement on 1.8 acres owned by Jeff Fisher, and a fee - simple purchase of 1.1 acres at the Durham County line from Hope Creek Ltd. A conservation easement with TLC and Trinity School was approved in 2003 but not executed, and new discussions among the three parties are underway regarding this portion of the corridor. On June 23, Durham County conveyed to the Chair, County Attorney and County Manager a proposal to create an interlocal agreement. This draft interlocal agreement would address not only the 43 -acre "Erwin Trace" property as originally set out, but would also propose to create a mechanism to develop a plan for the entirety of the New Hope corridor in Orange County and (presumably) Durham County. The scope of the Memorandum of Agreement (MOA) is considerably larger than the expected proposal to address ownership and disposition of the 43 -acre Erwin Trace property. The Durham County proposal appears to propose that the other properties being purchased by Orange County and TLC also be subject to planning by this new committee. The proposed committee would include 4 representatives from Durham County, 4 representatives from Orange County (the June 23 draft had 3 Orange County slots), 2 from the Town of Chapel Hill and 1 from the City of Durham. The proposal further stipulates that Orange County's appointments should include one member from the Commission for the Environment or Recreation and Parks Advisory Council, one member of TLC, and one undesignated member. A .July 13th letter from the Chair to the Durham Chair indicated that Orange County would discuss and consider the proposal at a meeting following the summer break. At this point, the County Attorney and staff have not engaged in formal study of the proposal, pending the Board's discussion of whether to participate. An attached staff memo summarizes the Durham proposal and highlights some areas for future discussion, if this process for a new master plan of the corridor is pursued. A staff memo from Durham was received on September 15th and is attached regarding the rationale for including a master planning process in the proposed agreement. FINANCIAL IMPACT: There is no financial impact associated with the proposed MOA. The creation of a new committee will impact staff resources in an as yet undetermined degree. If the agreement as written is pursued, the County may have new management costs for the part of the joint partnership property in Orange County, with costs unknown at this time. RECOMMENDATION(S): The Manager recommends that the Board discuss the proposal from Durham County and provide direction to the County Attorney and staff regarding conditions of participation, or other general points of response, which could be conveyed in a letter from the Chair. Ellen W. Reckhow Chairman 11 Pine Top Place Durham, NC 27705 Email: ereckhow @aol.com Becky M. Heron Vice - Chairman 4425 Kerley Road Durham, NC 27705 Email: bmheron @co.durham.nc.us William V. "Bill" Bell Office of the Mayor 101 City Hall Plaza Durham, NC 27701 Kevin C. Foy, Mayor 19 Oakwood Drive Chapel Hill, NC 27517 COUNTY OF DURHAM BOARD OF COMMISSIONERS Moses Carey, Jr., Chair Board of County Commissioners 203 Simerville Road Chapel Hill, N.C. 27517 Dear Moses, Bill and Kevin: June 23, 2005 Lewis A. Cheek 5105 Copper Ridge Drive, #308 Durham, NC 27707 Email: Icbeek @co,durham.nc us Philip R. Cousin Jr 509 Wellingham Drive Durham, NC 27713-7501 Email: prcousin @eartlilink.net Michael D., Page 702 Basil Drive Durham, NC 27713 Email: mpage @co,durham ncus I want to thank each of you for your entity's cooperation during the recent Duke University/Erwin Trace acquisition. I know that for each of our jurisdictions this was not a budgeted or planned expenditure, and I appreciate you and your staff's willingness to work towards finding a funding option that worked for you and your respective Board members. As noted by many, this is the first time that Orange County, Durham County, the Town of Chapel Hill and the City of Durham have cooperatively worked on a project related to New Hope Creek. This is a positive and exciting initiative in the heart of our rapidly growing region. I have attached a signed purchase contract between Durham County and Duke University for the purchase of the property. As all of you know, Durham County will owe an earnest money payment of the first $500,000 in July 15, 2005, with the remainder provided at closing anticipated for April 200& Work is already underway to obtain grant funds to help underwrite the acquisition. On .June 1, Durham County submitted a Clean Water Management Trust Fund (CWMTF) grant on behalf of the partner organizations for $1,112,000. Of this, $1,000,000 was requested to assist with the acquisition of the Duke tract, and $112,000 was requested to help with the 23 -acre Penny acquisition within Orange County that connects the Duke tract to the overall New Hope Corridor. A final answer is not expected before late fall on the potential grant award, Durham County Administrative Complex, 200 E. Main Street, Durham, N C. 27701 (919) 560 -0027 Fax (919) 560 -0013 Equal Emplayment/Affinnative Action Employer Website. hnp:/Avuwco durlunn tic us/ The first order of business for the partners will be finalizing an Interlocal Agreement regarding the terms of the acquisition. A draft Interlocal Agreement has been forwarded by our County Attorney to your Board's attorney for preliminary review; and a copy is attached for your review as well. We would appreciate receipt of initial comments by the end of July. Once we receive all preliminary comments, we will send out a final draft for review and action by your Board. Comments on the draft should be forwarded to your Board's attorney who will in turn work with our Attorney on a revised draft. The draft Interlocal Agreement provides for an overall planning effort by the four jurisdictions with the assistance of an advisory committee. We anticipate this broader planning effort for the four entities to begin sometime later in the fall. The planning effort will focus not only on the Duke University tract, but also on the overall Hollow Rock access area to determine the best locations for public uses within the area across ,jurisdictional lines. If you have any questions or concerns, please contact me or have your Manager or staff contact our staff directly. With warm regards, Gig Ellen Reckhow Chairman xc: Mike Ruffin, Durham County Manager Patrick Baker, Durham City Manager Cal Horton, Chapel Hill Manager .John Link, Orange County Manager Durham County Board of Commissioners OFFER TO PURCHASE AND CONTRACT The County of Durham , as Buyer, hereby agrees to purchase and Duke University, as Seller, hereby agrees to sell and convey, all of that plot, piece or parcels of land described below, together with all improvements located thereon and such personal property as is listed below (the real and personal property are collectively referred to as "the Property "), in accordance with the Standard Provisions on the REVERSE SIDE HEREOF, and upon the following terms and conditions: 1, REAL PROPERTY: Located in the Counties of Durham and Orange, State of North Carolina, being known as more and particularly described as: Legal Description: See Attachment A attached hereto for legal description. 2, PERSONAL PROPERTY: NONE 3. PURCHASE PRICE: The purchase price is $1,500,000 . and shall be paid as follows (a) $ 500,000 in earnest money paid by check (cash, bank, certified, or personal check) on or before July 15, 2005, to be held in escrow by Duke University as agent, until the sale is closed, at which time it will be credited to Buyer, or until this agreement is otherwise, terminated and it is disbursed in accordance with the Standard Provisions on the REVERSE SIDE HEREOF. No interest will be paid on the earnest money.. (b) $_ by assumption of the unpaid principal balance and all obligations of Seller on the existing loan secured by a deed of trust on the Property. (c) S. by a deed of trust on the Property with interest prior to default at the rate of _ %per annum, payable by_ payments of commencing on the Prepayment rights, if any, shall be: (d) $ 1,000,000, the balance of the purchase price in cash at closing. 4, CONDITIONS: There must be no restrictions, easement, zoning, road improvement requirements, or other governmental regulations that would prevent the reasonable use of the real property for open space and trails. 5, ASSESSMENTS. Seller warrants that there are no encumbrances or special assessments, either pending or confirmed, for side -walk, paving, water, sewer or other improvements on or adjoining the Property, except as follows: None. (Insert "None" or the identification of any such assessments, if any; the agreement for payment or proration of any assessments indicated is to be set forth in paragraph 6 below ) 6. OTHER PROVISIONS AND CONDITIONS: (a) All of the Standard Provisions on the REVERSE SIDE HEREOF are understood and shall apply to this instrument, except the following numbered Standard Provisions shall be deleted: 2, 3, 4(a), 8, 9, 10, 11, & 14. (b) Purchase is contingent upon the following: good and marketable title by Seller. (c) Any ad valorem taxes on the real estate shall be paid by seller and shall not be prorated, (d) Buyer will furnish evidence, before closing, to the Seller that the property will be used for open space and trails, or other low- impact recreational uses 7, CLOSING: All parties agree to execute any and all documents and papers necessary in connection with closing and transfer of title on or before April 8, 2008, at a place designated by BUYER. Deed is to be made to County of Durham.. 8, POSSESSION: Possession shall be delivered to the County of Durham. 9. COUNTERPARTS: This Offer shall become a binding contract when signed by both Buyer and Seller and is executed in (2) counterparts with an executed counterpart being retained by each party hereto" Date of Offer: April 8, 2005 Date of c ptance: All 8, 2005 (SEAL.) (SEAL) Buyer Seller (Owner) This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act, Finance D' ec r STANDARD PROVISIONS 1, EARNEST MONEY: In the event this offer is not accepted, or in the event that any of the conditions hereto are not satisfied, or in the event of a breech of this contract by Seller, then earnest money shall be returned to Buyer, but such return shall not affect my other remedies available to Buyer for such breach, In the event this offer is accepted and Buyer breaches this contract, then the eamcst money shall be forfeited, but such forfeiture shall not affect any other remedies available to Seller for such breach. 2, LOAN ASSUMED: In the event a loan is assumed as part of the payment of the purchase price, then all payments due from Seller thereon must be current at closing, and the principal balance assumed shall be computed as of the date of closing. The amounts shown for the assumption balance and cash at closing shall be adjusted as appropriate at closing to reflect the final computations. Unless Buyer has otherwise specifically agreed in writing, the existing loan must be assumable without acceleration of the amount secured or any change in the original terms of the note and deed of trust and without imposition of any charge, fee or cost to Buyer other than a reasonable tmnsfer fee or similar charge not to exceed $100 00. The escrow account, if any, shall be purchased by Buyer. 3, PROMISSORY NOTE AND DEED OF TRUST: In the event a promissory note secured by a deed of hust is given by Buyer to Seller as part of the payment of the purchase price, the promissory note and deed of trust shall be in the form of and contain the provisions of the promissory note and deed of trust forms approved by the N C Bar Association as Forms 4 and 5.. 4. PRORATIONS AND ADJUSTMENTS: Unless otherwise pro- vided, the following items shall be prorated and adjusted between the parties or paid at closing: (a) Ad valorem taxes on real property shall be prorated on a calendar year basis to the data of closing.. (b) Ad valorem taxes on personal property for the entire year shall be paid by Seller. (c) All late listing penalties, if any, shall be paid by Seller. (d) Rents, if any, for the Property shall be prorated to the date of closing, 5, FIRE OR OTHER CASUALTY: The risk of loss or damage by fire or other casualty prior to closing shall be upon Seller. 6. CONDITIONS: (a) The Property must be in substantially the same condition at closing as on the date of this offer, reasonable wear and tear excepted. (b) All deeds of trust, liens and other charges against the Property, not assumed by Buyer, must be paid and canceled by Seller prior to or at closing.. (c)Titic must be delivered at closing by general warranty deed and must be fee simple marketable title, free of all encumbrances except ad valorem taxes for the current year (prorated to date of closing), utility easements and unviolated restrictive covenants that do not materially affect the value of the Property and such other encumbrances as may be assumed or specifically approved by Buyer. The subject Property must have legal access to a public right of way.. 7. NEW LOAN: Buyer shall be responsible for all charges made to Buyer with respect to any new loan obtained by Buyer and Seller shall have no obligation to pay any discount fee or other charge in connection therewith unless specifically set forth in this contract. 0. UTILITIES: Unless other wise stated herein, the electrical, plumbing, heating and cooling systems and built -in appliances, if any, shall be in good a working order at closing. Buyer has the option to have the same inspected by reputable inspector or contractor at Buyer =s expense, but such inspections must be completed in sufficient time before closing so as to permit repairs, if any, to be completed by closing if any repairs are necessary, Seller shall have the option of (a) completing them, (b) providing for their completion or (c) refusing to complete them. If Seller elects not to complete the repairs, then Buyer shall have the option of (a) accepting the Property acceptance of the electrical, plumbing, heating and cooling systems and built -in appliances in their existing condition unless provision is otherwise made in writing pursuant to this paragraph. (RECOMMENDATION: Buyer should have any inspections made prior to incurring expenses for closing .I M 9. TERMITES, EIC,: Unless otherwise stated herein, Seller shall provide at Seller's expense a statement showing the absence of termites, wood - destroying insects and organisms and structural damage therefrom on Standard Form No I in accordance with the regulations of the North Carolina Structural Pest Control Committee, or if new construction, a new construction termite bond All extermination required and repair of damage therefrom shall be paid for by Seller and completed prior to closing, unless otherwise agreed in writing by the parties. 10. LABOR OR MATERIAL: Seller shall furnish at closing an affidavit and indemnification agreement in form satisfactory to Buyer showing that all labor or materials, if any, furnished to the Property within 120 days prior to the date of closing have been paid and agreeing to indemnify Buyer against all loss from any cause or claim arising therefrom. 11. FUEL OIL: Buyer agrees to purchase from Seller the fuel oil, if any, situated in a tank on the premises for the prevailing rate per gallon with the cost of measurement thereof, if any, being home by Seller 12, CLOSING EXPENSES: Seller shall pay for the preparation of a deed and for the revenue stamps required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at closing.. 13. EVIDENCE OF TALE: Seller agrees to exercise his best efforts to deliver to Buyer as soon as reasonably possible after the acceptance of this offer, copies of all title information in possession of or available to Seller, including but not limited to: title insurance policies, attorney's opinions on title, surveys, covenants, deeds, notes and deeds of trust and easements relating to the real and personal property described above. 14, ASSIGNMENTS: This contract may not be assigned without the written agreement of all parties, but if the same is assigned by agreement, then the same shall be binding on the Assignee and his heirs 15, PARIIES: This contract shall be binding and shall inure to the benefit of the parties and their heirs, successors and assigns. The Provisions herein contained with respect to promissory notes and deeds of trust shall be binding upon and shall inure to the benefit of all parties to the same as well as subsequent owners of the Property and the said notes and deeds of trust . As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate 16, SURVIVAL: Any provision herein contained which by its nature and effect if required to be observed, kept or performed after the closing shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed 17. ENIIRE AGREEMENT: Buyer acknowledges that he has inspected the above - described property This contract contains the entire agreement of the parties and there are no representations, inducements, or other provisions other than those expressed in writing All changes, additions or deletions hereto must be in writing and signed by all parties. Nothing herein contained shall alter any agreement between a REALT'OR. and the Seller as contained in any listing contract or other agreement between them ATTACHMENT A PROPERTY LEGAL DESCRIPTION All that certain parcel of land located in Durham and Orange Counties, North Carolina, owned by Duke University and shown by plat entitled "The Preserve at Erwin Trace", prepared by Triangle Surveyors, dated 8/25/2004. I DRAFT 8 -2 -05 incorporating Durham County BOCC comments 2 3 INTERLOCAL COOPERATION AGREEMENT 4 FOR THE ACQUISITION, PLANNING AND OPERATION OF THE HOLLOW ROCK 5 PORTION OF THE NEW HOPE CREEK PLAN 6 BY AND AMONG 7 THE COUNTY OF DURHAM, THE CITY OF DURHAM, 8 THE COUNTY OF ORANGE AND THE TOWN OF CHAPEL HILL 9 10 THIS INTERLOCAL COOPERATION AGREEMENT is made, and entered into this the _ I 1 day of , 2005, by and among the COUNTY of DURHAM, a political subdivision of the 12 State of North Carolina, hereinafter referred to as "Durham County ", the CITY OF DURHAM, a 13 North Carolina municipal corporation, hereinafter referred to as "City of Durham ", the TOWN OF 14 CHAPEL HILL, a North Carolina municipal corporation, hereinafter referred to as "Chapel Hill ", 15 and the COUNTY of ORANGE, a political subdivision of the State of North Carolina, hereinafter 16 referred to as "Orange County` collectively referred to as "Parties ". This Agreement is made as �n 17 Interlocal Cooperation Agreement pursuant to Part I, Article 20 of Chapter 160A of the General 18 Statutes of North Carolina. 19 20 WITNESSETH: 21 22 WHEREAS, Duke University ( "Duke ") owns a 42.8 acre tract of land lying and being in 2:3 Durham and Orange Counties near the intersection of Erwin Road and Pickett Road available for 24 development ( "Property"); and 25 26 WHEREAS, Crosland Inc, a development firm, contracted with Duke to purchase the 27 Property for residential development; and 28 29 WHEREAS, overwhelming and significant community commitment to save this Property for 30 open space purposes led to a grass roots effort to preserve the Property for open space and park 31 purposes; and 32 33 WHEREAS, in keeping with the surrounding jurisdiction's interest in protection of the New 34 Hope Creek Corridor, Durham County placed a reservation on the Property to evaluate and 35 determine the value and interest the Property has to the surrounding jurisdictions; and 36 37 WHEREAS, the Property is adjacent to additional lands being acquired for open space 38 protection purposes, including 23 acres owned by the Penny family (currently under option to 39 purchase by the Triangle Land Conservancy), 8 acres owned by Duke University (currently under 40 option by Orange County), and 2 acres owned by the Triangle Land Conservancy; and 41 42 WHEREAS, Durham County, Orange County, the City of Durham, and Chapel Hill have, by 43 resolution, committed to participate in the cost of acquiring the Property in order to assure that the 44 Property is preserved for open space and low- impact recreational public use; and 45 46 WHEREAS, based on the commitments received by the surrounding jurisdictions and the 47 community contributions, Durham County has entered into a Contract to Purchase wilh i I DRAFT 8 -2 -05 WITH DURHAM COUNTY COMMENTS 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 9.3 94 lJ University o acquire the Property from Duke University and preserve it- Property for open spa e and low - impact recreational use; and WHEREAS, the parties agree that there is a benefit derived from mutual planning for the uses of the Property and the Hollow Rock Access area generally described in component 4 of the New Hope Cieek Open Space Master Plan; and WHEREAS, the parties hereto desire to enter into this Interlocal Cooperation Agreement to set forth their respective participation, obligations and rights related to the acquisition and development of the Property and the surrounding open space areas. NOW, THEREFORE, for and in consideration of their mutual promises, Durham County, Orange County, Chapel Hill and the City of Durham hereby agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the undertakings of the parties hereto with regard to their respective contributions, obligations, and participation in the multi - ,jurisdictional purchase and operation of the Property as well as to establish a Park Planning Advisory Committee to develop recommendations for an overall plan for the Property and adjoining properties in the Hollow Rock area. 2. Contract to Purchase. Durham County has entered into a Contract with Duke to Purchase the Property for $1,500,000, Pursuant to the Contract to Purchase, Durham County is obligated to pay to Duke $500,000 on or before July 15, 2005. The remaining $1,000,000 is due at closing which will be on or before April 8, 2008. The Contract to Purchase is incorporated herein by reference to it. A Memorandum of Contract has been recorded in the Durham County Register of Deeds Office at Book 4781 page 648 and the Orange County Register of Deeds Office at Book 374 page 550. 1 3. Financial Contributions toward the Acquisition. A. Durham County. Durham County agrees to provide the following financial contribution toward the acquisition of the Property: $500,000 paid to Duke , pursuant to the terms and conditions of the Contract to Purchase, on or before .July 15, 2005; and $1,000,000 paid to Duke, pursuant to the terms and conditions of the Contract to Purchase, on or before April 8, 2008. Durham County's financial contributions shall be off -set by grant funds and other contributions as set forth in paragraph 4 below. B. The City of Durham's Contribution. The City of Durham agrees to provide the following financial contribution to Durham County towards the Acquisition: $75,000 paid to Durham County in three payments_ * " * "� eiirb uadc en er�efero August 1, a =d. tl ;e- ren3atnder- en- er.- prefere� �a�� t a^ ^ w .° ._ �•• •••^ °_�A It is hereby acknowledged that the TrVa. b— liirsv'c�v .•gyp• -•-- -. County of Durham has received a payment in the amount of $35,000 from the City of DRAFT 8 -2 -05 WITH DURHAM COUNTY COMMENTS 2 S 95 Durham towards the City's total contribution for the acquisition, and that the City has a 96 remaining contribution amount of $40,000 as of the date of this Agreement of which 97 $15,000 shall be paid before August 1 2006 and $25,000 before_ August 1, 2007. 98 99 The City of Durham's financial contributions shall be off -set by grant funds as set forth 100 in paragraph 4 below. 101 102 C. Chapel Hill's Contribution. Chapel Hill agrees to provide the following financial 103 contribution to Durham County towards the Acquisition: 104 105 $100,000 paid to Durham County in three equal payments of $33,333.33. It is hereby 106 acknowledged that the County of Durham has received a payment in the amount of 107 $33,333.33 from Chapel Hill towards the Town's total contribution for the acquisition, 108 and that Chapel Hill has a remaining contribution amount of $66,666.66 as of the date of 109 this Agreement of which $33,333.33 shall be paid before August 1, 2006 and $33,333.33 110 before August 1. 2007., —�h—` o '' .• ?'f A. ., . r �nnc_u 111 e2makide -an or befer-e f e b ^.•. ust i s-the-rea4er h =.h 112 befere August 1, 2007 113 114 Chapel Hill's financial contributions shall be off -set by gran t funds as set forth in 115 paragraph 4 below. 116 117 D. Orange County's Contribution. Orange County agrees to provide the following 118 financial contribution to Durham County towards the Acquisition: 119 120 $200,000 paid to Durham County in three equal payments of $66,666.66 the first being 121 made on or before ^iigast— - , 2005 and the remainder on or before each 122 August I" thereafter with the last payment being made on or before August 1, 2007, 123 124 Orange County's financial contributions shall be off-set by grant funds as set forth in 125 paragraph 4 below, 126 127 4. Private Contributions and Grant Funds. 128 129 A. Private Contributions, 130 1. The Erwin Area Neighborhood Group (`BANG "), a non - partisan community action 131 group of persons from more than 40 neighborhoods, has pledged $200,000 towards the 132 purchase price of the Property. The Triangle Land Conservancy ( "TLC ") has agreed to 133 administer the pledge fund for the private contributions raised by the Erwin Area 134 Neighborhood Group. The parties acknowledge and agree that the funds collected by 135 TLC shall be distributed solely to Durham County to further off -set Durham County's 136 financial contribution. 137 138 2. TLC has also promised to contribute $25,000 towards the 139 acquisition of the Property on or before July 30, 2006, The parties acknowledge and 140 agree that the funds collected by TLC shall be distributed solely to Durham County to 141 further off -set Durham County's financial contribr'=-- DRAFT8 -2 -05 WITH DURHAM COUNTY COMMENTS 142 0 143 B. Open Space Grants. 144 Durham County will seek, with the aid of the other parties, state and/or federal grants 145 ( "Grant Funds ") to off -set the financial contributions made by the governing bodies 146 towards the acquisition of the Property. Depending on the amount of grant funds 147 received, the parties agree to the following distribution of grant funds to off -set each 148 party's financial contributions towards the acquisition: 149 150 The first $500,000 of any Grant Funds received for the purchase of the subject property 151 shall be used to off -set Durham County's contribution to the purchase of the Property. 152 153 Any Grant Funds received over and above $500,000 for the purchase of the Property 154 shall be used to off -set the agreed -upon financial contributions of all four participating 155 governments on a pro -rata basis based on the total amount of the un- reimbursed 156 contributed by each governmental unit as specified herein. 157 158 5. Distribution and Ownership of Property. Pursuant to the Contract to Purchase, the 159 Property will be conveyed to Durham County upon closing. Immediately following the 160 closing between Durham County and Duke, Durham County agrees to convey, by Special 161 Warranty Deed, subject to section 7 below, portions of the Property as follows: 162 163 A. To Orange County: the 1 I acres lying and being in Orange County. 164 B. To Chapel Hill: 2 acres which is proportionate to Chapel Hill's financial contribution 165 to Durham County of $100,000 calculated at $49,984 per acre, the appraised value of 166 the portion of the Property lying in Durham County, opined by Smith And Whitfield, 167 Inc. on March 24, 2005. 168 169 Chapel Hill and Durham County shall mutually agree upon the subdivision of the 170 Property prior to Durham County's purchase of the Property.. 171 172 Each governing body holding ownership to the Property shall be liable for and shall 173 maintain the property in the manner consistent with the purpose of the conveyance and 174 any restrictions placed thereon, unless otherwise agreed, 175 176 6. Master Park Planning. 177 Chapel Hill, Durham County, the City of Durham and Orange County hereby jointly 178 establish a Park Planning Advisory Committee ( "Committee ") for the Property and 179 surrounding area. The purpose of the Committee is to develop recommendations for an 180 overall plan for the Property and adjoining properties that comprise the Hollow Rock/ 181 Erwin Area portion of the New Hope Plan, The plan should include overall recommended 182 uses and generalized locations for the proposed uses.. The recommendations of the 183 Committee will be presented to the public, and approved by the participating governing 184 bodies. 185 186 A. Membership, The Committee shall consist of eleven (11) members appointed as 187 follows: DRAFT;8 -2 -05 WITH DURHAM COUNTY COMMENTS 4 MI.,; DRAFT 8- 2- 05 WITH DURHAM COUNTY COMMENTS 5 188 1, Four (4) members shall be appointed by the Durham County Boarr of 189 Commissioners which appointments shall include: 190 i. One (1) member of the Durham Open Space and Trails Commission, 191 ii, One (1) member of FANG, 192 iii, One (1) member of the New Hope Creek Advisory Committee, and 19:3 iv. One (1) additional member. 194 195 2. Three 3) our 4 members shall be appointed by the Orange County Board of 196 Commissioners which appointments shall include: 197 i. Either one (1) member of the Orange County Commission for the 198 Environment or one (1) member of the Orange County Recreation and 199 Parks Advisory Council, 200 ii. One (1) member of TLC, 201 iii. One (1) member of FANG, and 202 iii= iv.One (1) additional member, 203 204 3. Two (2) members shall be appointed by the Chapel Hill Town Council which 205 appointments shall include: 206 i. Either one (1) member from the Chapel Hill Greenways Commission, 207 or one (1) member of the New Hope Creek Advisory Committee, and 208 ii. One (1) additional member.. 209 210 4. One (1) member shall be appointed by the City of Durham, 211 212 Members shall reside within the jurisdiction of the appointing authority. Attempts shall 213 also be made to assure that the appointments represent a cross section of the community. 214 All members shall have equal rights regardless of whether the matters at issue are located 215 inside or outside the corporate limits. The Committee may recommend to the governing 216 bodies individuals for appointment to the Committee upon vacancies. 217 218 B. Qualifications. Members shall meet those general qualifications specified by the 219 appointing body, which are requirements for all individuals serving on a governmental 220 board or commission.. 221 222 C. Organization and Meetings. The Committee shall elect a Chair and Vice -Chair at 223 its fast meeting. The Committee may adopt any operating rules to govern its meetings it 224 so chooses. The Committee weulri -will meet_ epee per -month or as thefwise— m.eded 225 necessary for a period not to exceed three years or until the Committee's objectives as 226 defined herein have been satisfied which ever is shorter. until 'he a r r .:.« es- 227 a aiBed4i,e,- ,.a., rr , ag i MI.,; DRAFT 8- 2- 05 WITH DURHAM COUNTY COMMENTS 5 13 229 D. Charge. 230 The Committee will have the following responsibilities: 231 1. To develop recommendations of uses to be allowed within different areas of the 232 Hollow Rock Access area. 233 2. To develop recommendations of facilities to be available within different areas of the 234 Hollow Rock Access area and proposed locations for said facilities. 235 3. To provide suggestions on priority phasing for recommended facilities. 236 4. To hold public input meetings on the recommended uses and facilities. 237 238 E. Compensation. Members of the Committee shall serve without pay. 239 240 7. Covenants to be placed on the Property. The parties agree that the Property shall be 241 acquired and subsequently subdivided in the manner set forth in this Agreement for the 242 following purposes only and such purposes shall be included in the conveying deed to 243 Orange County and Chapel Hill: 244 245 A. The Property shall be maintained in its natural, scenic, wooded and open condition 246 and restricted from any development or use that would impair or interfere with the 247 conservation purposes of the Property. 248 249 W The Property shall be open to the public during daytime hours subject to reasonable 250 rules and regulations of the owner of the Property. 251 252 C. The Property shall be used as open space and for low- impact recreation purposes 253 only, subject to further restriction by applicable government grants or conservation 254 easements conveyed to state or federal governments. 255 256 8. Governing Law. This Agreement shall be governed by and in accordance with the laws 257 of the State of North Carolina. 258 259 9. Term. The term of this agreement shall be from the date first written above and shall 260 terminate upon mutual agreement of all parties, which termination shall be made in 261 writing and executed with the same formality as this Agreement. Notwithstanding the 262 foregoing, any one party may terminate its participation under this Agreement by 263 providing written notice to the other parties so long as the terminating party has no 264 executable obligations remaining hereunder following the effective date of termination. 265 266 10. Appointment of Personnel. Each party's respective Manager shall designate the 267 persons to carry out the obligations of that party under this Agreement.. 268 269 11. Amendments. This Agreement may be amended at any time by execution by all parties 270 of a written agreement. 271 272 12. Entire Agreement. This Agreement together with the agreements referenced in this 273 Agreement, shall constitute the entire understanding between the parties and shall DRAFT 8$05 WITH DURHAM COUNTY COMMENTS 6 Iq 274 supersede all prior understandings and agreements relating to the subject matter hereof 275 and may be amended only by written mutual agreement of the parties. 276 277 13. Headings. The subject headings of the paragraphs are included for purposes of 278 convenience only and shall not affect the construction or interpretation of any of its 279 provisions. This Agreement shall be deemed to have been drafted by all parties and no 280 purposes of interpretation shall be made to the contrary. 281 282 283 [Intentionally left blank. Signature pages to follow.] 284 DRAFT-8-2-05 \41TH DURHAM COUNTY COMMENTS 7 284 285 286 287 288 289 290 291 292 29.3 294 295 296 297 298 299 300 301 302 303 304 .305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 15 IN WITNESS WHEREOF, the parties hereto have authorized this Agreement to be executed by their undersigned officers, to be effective from and after the date first written above. ATTEST: Vonda Sessoms Clerk to the Board FOR THE COUNTY OF DURHAM By Ellen W. Reckhow, Chairman of the Board of Commissioners This instrument has been pre - audited in the manner required by the Local Govemment Budget and Fiscal Control Act. Durham County Finance Officer ATTEST: D. Ann Gray, City Clerk FOR THE CITY OF DURHAM Patrick Baker, City Manager This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. City of Durham Finance Officer ATTEST: Donna S., Baker Clerk to the Board DRAFT 8 -2 -05 WIT14 DURHAM COUNTY COMMENTS FOR ORANGE COUNTY Moses Cary, Jr., Chairman of the Board of Commissioners X 330 3.31 332 333 3.34 335 336 337 338 339 340 341 342 34.3 344 345 346 347 348 349 This instrument has been pre - audited in the manner required �a by the Local Government Budget and Fiscal Control Act, Orange County Finance Officer ATTEST: Sabrina Oliver, Town Clerk FOR THE TOWN OF CHAPEL HILL Kevin Foy, Mayor This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act, Town of Chapel Hill Finance Officer DRAFT 8 -2 -05 WITH DURHAM COUNTY COMMENTS M MOSESCAREY.JR. CHAIR ORANGE COUNTY BOARD OF' COMMISSIONERS VAR RtrP.F65. DICECrlAlR POST OFFICE BOX 818 1 VALERIE P. FOUSHEE ALICEM GORDON 200 SOUTH CAMERON STREET S7EPHENH HALHIOPS HILLSBOROUGH, NORTH CAROLINA 27278 July 13, 2005 Ellen Reckhow, Chairman Durham County Board of Commissioners 11 Pine Top Place Durham, North Carolina 27705 Dear Ellen, Thank you for your June 23, 2005 letter regarding the Duke University /Erwin Trace property acquisition specifically and generally your proposal that Orange County enter into an interlocal agreement with Durham County, the City of Durham and the Town of Chapel Hill with respect to the greater New Hope Creek properties. I understand the Orange County Manager and the Durham County Manager have made arrangements for the timely transfer from Orange County to Durham County of the $66,000 needed for the earnest money deposit for the Duke University /Erwin Trace property purchase. The Orange County Board of Commissioners has not discussed an interlocal agreement regarding the greater New Hope Creek properties. And Orange County staff has not been asked to work on this The Orange County Board of Commissioners will not meet again until August 16, 2005, We will consider your greater New Hope Creek properties proposal at one of our meetings following our summer break. We look forward to continuing to work with Durham County, the City of Durham and the Town of Chapel Hill with implementation of the New Hope Creek Master Plan. Sincerely, Moses Carey, Jr. Chair, Board of Commissioners CC: William V. 'Bill' Bell, Mayor, City of Durham Kevin Foy, Mayor, Town of Chapel Hill Orange County Board of Commissioners Patrick Baker, Durham City Manager Geof Gledhill, Orange County Attorney Cal Horton, Chapel Hill Manager John Link, Orange County Manager Mike Ruffin, Durham County Manager Dave Stencil, ERCD Director v,ww.co.oranqe.nc.us Protecting and preserving — People, Resources, Quality of Life Orange County, North Carolina — You Count! (919) 245 -2130 • FAX (9 f 9) 644 -0246 R MEMORANDUM TO: Board of Commissioners John Link, County Manager Geof Gledhill, County Attorney FROM: David Stancil, E &RC Director DATE: September 8, 2005 RE: Durham County Proposed Interlocal Agreement re New Hope Preserve The purpose of this memo is to summarize the main points of the Durham County proposal for an interlocal agreement between the two counties, the Town of Chapel Hill and the City of Durham regarding property distribution and master planning for lands being acquired in the New Hope Creek area at the Orange - Durham County line, and to highlight some issues for Board discussion and consideration if the initiative is pursued. For, purposes of simplicity, as there are multiple properties referenced or inferred in the proposal, staff references the lands using the following terms in this memo: 1. The "Joint Partners Tract' is the 43 -acre parcel owned by Duke that is bisected by the Orange- Durham County line (11 acres in Orange, 32 acres in Durham). This has often been referred to as the "Erwin Trace" property and is the land that the four partner jurisdictions have agreed to acquire from Duke for $1.5 million (referenced in the proposed agreement as the "Property." 2. The "Hollow Rock Access Tract' is a 7 -acre parcel owned by Duke that is in Orange County and located directly across Pickett Road from the Joint Partners Tract, Orange County has approved the purchase of this property, which was underway prior to the partnership on the above tract, and the closing of the property is imminent. 3. The "Penny Tract' is actually two adjoining parcels of land bisected by the county line that lie south of the Joint Partners Tract and the Hollow Rock Access Tract. Triangle Land Conservancy and Orange County are working together to exercise an option to purchase 23 acres of the Penny tracts, located in Orange County, along the New Hope corridor. Summary of the Durham County Proposal In late June, correspondence dated June 2.3`d was received from the County of Durham. This correspondence included a letter from Durham County Chair' Ellen Reckhow to BOCC Chair Moses Carey and Mayors Bill Bell and Kevin Foy, and included a copy of the signed offer to purchase the 43 -acre Joint Partners Tract owned by Duke, as well as a draft interlocal agreement prepared by Durham. The letter suggested that the first order of business for the partners in the joint acquisition of the 43 -acre parcel would be "finalizing lei an Interlocal Agreement regarding the terms of the acquisition " The letter asked for comments to be conveyed by the respective attorneys to the Durham County Attorney. The letter also noted that, in addition, the draft agreement provided for "an overall planning effort by thefourjurisdictions with the assistance of an advisory committee" proposed to "focus not only on the [Joint Partners] tract, but also on the overall Hollow Rock access area,_, " As the document was received after, the Board's final June meeting, a letter was transmitted from Chair Carey to Chair Reckhow on July 13`h noting that the Orange County Board of Commissioners had not discussed (and County staff had not worked on) an interlocal agreement regarding the New Hope properties, and that the Board would discuss and consider the proposal at a meeting following the surnmer break. On August 2°d, a revised version of the agreement was received from Durham County, incorporating comments from the Durham Board of'Commissioners. This version is the one addressed herein. The proposed agreement, in general, includes the following proposals: 1. The respective financial contributions toward the $1.5 million purchase price for the "Joint Partners Tract," including the amount and timing of payments. Orange County is asked to provide $200,000 in three equal installments in 2005, 2006 and 2007. (Note: The Triangle Land Conservancy and the Town of Chapel Hill have pledged $50,000 and $25,000 respectively towards the County's $200,000 participation amount). 2. The means of receiving and allocating private contributions and grant funds among the jurisdictions. (Durham County would receive the first $500,000 in grants, and any funds received over this amount would be used to offset the prorate shares of each jurisdiction). 3. The land ownership of the 43-acre Joint Partners Tract. The tract would be acquired by Durham County upon closing (projected to occur April 2008), and then conveyed as follows: 11 acres in Orange County - to Orange County, and 2 acres in Durham County to the Town of Chapel Hill. 4. "Master Park Planning ": A committee is proposed to "develop recommendations for an overall plan for the property and adjoining properties that comprise the Hollow Rock/Erwin Area portion of the New Hope Plan," including recommended uses and generalized locations for proposed uses. The plan would be presented to the public and thence to the governing bodies for approval. The proposed committee's membership is 11, including four appointments each from Durham County and Orange County (the original version contained 3 appointments for Orange County), two fiom the Town of Chapel Hill and one from the City of'Durham. The proposal specifies who should be appointed by each jurisdiction. In Orange County's case, the agreement would have the County appoint four members as follows: a. 1 member from either the Commission for the Environment or RPAC, b. 1 member from Triangle Land Conservancy 0 c. I member of the Erwin Area Neighborhood Group, and d. 1 additional member There are additional qualifications and organizational provisions for the proposed committee, including a charge and duration of three years or until the defined objectives have been met. 5. Covenants to be placed on the property (this being the 43-acre Joint Partners Tract) include that it be maintained in natural condition and be restricted from development or uses that interfere with the conservation purposes, that it be open to the public during daytime hours subject to rules and regulations of the owner, and that the property should be used as open space and for low- impact recreation purposes only. Possible Discussion Points As noted in the July 13`h correspondence back to Durham, the County Attorney and staff have not engaged in analysis of this proposal, pending discussion and consideration by the Board. The Board may wish to discuss as a first question whether or not to participate in a joint master planning effort as proposed herein. While the Board's April 8`h resolution of participation did agree to participate in an °interlocal agreement governing the uses and responsibilities of the (Joint Partners Tract/ property, " the proposal from Durham County is broader in scope and would appear to propose to include all lands along the New Hope Corridor in both counties, from Erwin Road to an undesignated point to the south in Durham County. If the Board decides that it would like to participate in a process along the lines of the proposed agreement, some points for further discussion may include: • The proposed ownership and property distribution of the 43 -acre Joint Partners Tract, • Timing issues related to the activities proposed in the agreement or otherwise identified, • Whether an agreement should be confined to the Joint Partners Tract at this point in time, or include the broader New Hope corridor (either now, or at a later, date in a separate interlocal agreement), • Management considerations for the Joint Partners Tract, both individually and in conjunction with the partner jurisdictions, • Access points to the planned future trail corridor in this area, • Issues regarding the proposed master plan process, including appointments to the proposed committee (and potential overlap with the existing New Hope Creek Advisory Committee, which developed the 1992 master plan that was adopted by all jurisdictions), and the timing and charge to the group, • The impact of beginning a master planning process for the New Hope prior to all properties being acquired (acquisitions are still underway by TLC and Orange County), and C91 • The effect taking on the design effort would have on other planned park design projects for the fall 2005 /early 2006 (Fairview Park, Twin Creeks CUP, New Hope Park at Blackwood Farm). The County Attorney and staff would be glad to develop additional information and thoughts on these and other topics if desired by the Board. RESOLUTION M Authorize Orange County to contribute $200,000 to the purchase of the 43 acre tract of land owned by Duke University and located in both Durham and Orange Counties, Orange County's contribution is subject to each of the conditions contained in the Orange County Position Statement on Participation in Joint New Hope Open Space Project, dated March 31, 2005, amended April 7, 2005, a copy of which is attached to this Resolution. Authorize Durham County, pursuant to N.C. Gen. Stat, § 153A -15, to acquire the portion of the 43 acre tract that is located in Orange County. Commissioner moved passage of the immediately foregoing Resolution, and Commissioner seconded the motion, and the Resolution was passed by the following vote: ATTEST: Donna S. Baker Clerk to the Board of Commissioners of Orange County 1sg:orangecounty \preserve at erMn trace res doc Proposed Joint "New Hope Preserve" Project a3 April 7, 2005 hi the spirit of the award- winning Little River Regional Park and Natural Area, Orange County has agreed to participate in a proposed joint "New Hope Preserve" project to protect and augment the New Hope Creek corridor, working with Durham County and Triangle Laud Conservancy (partners in the Little River Park project), the Town of Chapel Hill, the City of Durham and citizens in the New Hope area. The New Hone Preserve Orange County has agreed to contribute approximately $225,000 toward a "New Hope Preserve" of several properties, among which are: ➢ a 43-acre tract of land owned by Duke in both Durham and Orange counties (11 acres in Orange County) known informally in recent months as the proposed Erwin Trace project, an 8 -acre parcel owned by Duke located across Pickett Road (adjacent to the Erwin Trace property) and identified as a key part of the New Hope Corridor Master Plan and known informally as the Hollow Rock Access; and ➢ 25 acres of land owned by Wade and Carolyn Penny currently under option to TLC, working in conjunction with TLC and the Pennys to protect this land which borders New Hope Creek and has long been identified as a key property for the New Hope corridor plan. Orange County is pleased to accept $50,000 from the Triangle Land Conservancy and $25,000 from the Town of Chapel Hill to combine with our $125,000 to contribute $200,000 to convey to Durham County. These activities, taken together, will create a 76 -acre bloc of contiguous land that will provide for preservation of open space and low- impact recreation opportunities in the future New Hope Preserve - that includes land along the New Hope Creek corridor and lands nearby that augment the vision for this area that was stated 13 years ago in the New Hope Master Plan. ➢ Contained within this 76 -acre open space preserve would be 44 acres of open space land within Orange County, at a cost of around $4,500 per net acre.. Management of Facilities in regards to the management of any facilities that may be constructed on the 11 acres of the Erwin Trace property, Orange County agrees to assume responsibility for the construction, operation and maintenance of any future trails — consistent with an interlocal agreement and a master plan for the property that would be created and adopted by the parties at some point in the future. partnership Efforts Orange County is very appreciative of the role that other partners have played in the project: ➢ The continued collaborative effort with Duke University that provided for the County's future acquisition of the g -acre property, negotiations for which were underway prior to the proposed Erwin Trace project acquisition; ➢ The role played by Durham County in conservation partnerships - in making a proposal for the joint project, and the responsibility for shouldering the responsibility for the highest degree of potential funding — which made other priority acquisitions such as that of the penny property possible; ➢ The assistance of the Town of Chapel Hill in partnering with the other jurisdictions toward this larger picture, and willingness to contribute financially to a project that — although outside of the Town limits — will be of benefit to residents of all jurisdictions; ➢ The City of Durham, for their contributions to the project. The County looks forward to the potential for future collaborative efforts in conservation with the City, as well; ➢ Triangle Land Conservancy, for taking an important role to help shepherd the joint initiative by providing needed funding assistance and coordinating the other priority acquisitions in the corridor. The County has collaborated with TLC in past years on projects within the New Hope Corridor and elsewhere, and looks forward to continuing that fruitful relationship; and ➢ Last but not least, the citizens of the New Hope Creek area, who have stepped forward to illustrate the long -term significance of such a joint preserve both with their verbal and written support and the fund- raising of $200,000 toward the project Orange County looks forward to the creation of the New Hope preserve with its partners, and to the future low- impact recreational opportunities that will be created for current and future residents by this action. Orange County Position Statement on a5 Participation in Joint New Hope Open Space Project March 31, 2005, amended 4/7/05 In keeping with Orange County's interest in the protection of the New Hope Creek corridor, and the concept of a New Hope Creek trail connecting Orange and Durham, Orange County has agreed to participate in a proposed joint initiative to acquire lands owned by Duke University (and other parties) by taking the following actions: 1. Contributing $200,000 over three years toward the proposed joint acquisition of the 43 -acre tract owned by Duke University and located in both Durham and Orange Counties, with the following conditions: a. That Orange County, either independently or in conjunction with the Town of Chapel Hill, hold title to the approximately 11 acres of the subject property in Orange County b. That the partner jurisdictions agree to discuss and execute at a future date an inter -local agreement governing the uses and responsibilities of the property c, That the property be publicly- accessible and used for low - impact recreation only (as a "New Hope Preserve ") d. Orange County will pay for all costs of construction, operation, and maintenance of trails or other amenities located in Orange County. Durham County will pay for all costs of construction, operation, and maintenance of trails or other amenities located in Durham County. e. That, in conjunction with the participation in the joint acquisition of the 43-acre tract, Orange County will accept an assignment from Triangle Land Conservancy (TLC) of the option TLC holds on 25 acres of land owned by Wade and Carolyn Penny and abutting New Hope Creek in Orange County, Orange County is willing to accept responsibility for remaining funds needed to accomplish this purchase. The County appreciates the efforts of TLC and the Penny's to help complete this part of the New Hope corridor, which has long been identified as an important component of the New Hope plan. Orange County looks forward to continuing to work with TLC on collaborative projects along the Orange County portion of the New Hope Creek corridor.. f The County is also willing to accept the proposed conservation easement from the Penny's for the remainder of their property located in Orange County g. The first $500,000 of any governmental grant received for the purchase of the subject property shall be used to offset Durham County's contribution to the purchase of the property. Any governmental grant funds received over and above $500,000 for the purchase of the subject property shall be used to offset the contributions of all the participating governments on a pro rata basis based on the total amount of the umeimbursed contribution of each government. I Orange County's participation in the New Hope Creek corridor is not limited to J the 43 -acre property mentioned above. It has offered to purchase, and Duke University has agreed to sell, an adjoining 8 -acre parcel (known informally as the Hollow Rock access) owned by Duke within Orange County for a purchase price of $72,000. This land is located adjacent to the subject property above and is west of Pickett Road at its intersection with Erwin Road. In so doing, the County continues a series of collaborative efforts with Duke over the past several years to work together on conservation and open space projects. Orange County remains extremely appreciative of Duke's willingness to work with Orange County on matters of common interest, and commends Duke for its cooperative spirit in helping to preserve open space. 3. Furthermore, Orange County is appreciative of the role played by Durham County in this project to date, which continues a collaboration of the two bodies that includes previous partnership on the award- winning Little River Regional Paris project, The County also notes the role played by citizens and the Erwin Road Neighborhood Group (BANG), which has announced plans to raise $200,000 toward the project, for their assistance in heightening awareness and funding potential for the project.. By way of background, Orange County was a participant in the New Hope Corridor Open Space Master Plan in the early 1990s, and incorporated the New Hope Master Plan into the County's Comprehensive Plan in 1992,. In more recent year's, the County's Lands Legacy Program, created in 2000, identified the New Hope Creek corridor as a priority area for open space acquisition, and the Lands Legacy Action Plan includes planned acquisitions along the creek corridor. Working with Triangle Land Conservancy, Orange County currently holds an easement on 1.7 acres where Erwin Road crosses over New Hope Creek, and owns outright one- acre where the New Hope crosses into Durham County. Negotiation for acquisition of additional lands in between these two points along the New Hope corridor was underway prior to the Erwin Trace subdivision approval and subsequent proposed joint inter -local initiative, including the aforementioned tentative acquisition of 8 acres from Duke. Although acquisition of all of the lands in the planned Preserve at Erwin Trace were not specifically called for in the New Hope Master Plan, Orange County recognizes in agreeing to participate in the joint project that the subject property is complementary to the New Hope Corridor and that the opportunity for expansion of the open space holdings in this area offers many potential benefits to the citizens of all jurisdictions, Orange County remains committed to the principles and goals of the New Hope Corridor Master Plan, and will continue with plans for acquisitions in the corridor between Erwin Road and the Durham County line that are planned or already underway. The planned acquisitions outlined above would alone result in a commitment by Orange County of over $200,000 toward land protection in the New Hope corridor. COUNTY OF DURHAM a� ENGINEERING DEPARTMENT ° >> Open Space and Real Estate Division (1/ 1A1xa] 7_V1 1111u I September 16, 2005 MEMO TO: David Stancil, Orange County ERCD Director FROM: Jane Korest, Durham County Open Space and Real Estate Manager SUBJECT: Master Planning for the Hollow Rock Access Area This memo is in follow —up to a request made at the Durham - Chapel Hill- Orange County Work Group meeting on September 14, 2005. The Work Group was considering comments from the jurisdictions on the draft Interlocal Agreement for the Erwin Trace acquisition initially prepared by Durham County that is under consideration by Orange County, Chapel Hill and the City of Durham. The draft Interlocal formalizes the financial arrangements that were agreed to in the spring between the fourjurisdictions for the Erwin Trace/ Duke University acquisition and includes a proposal for a master planning process and advisory committee for planning the Hollow Rock Access Area of the New Hope Plan. During the Work Group's discussion, members from the Orange County Board of Commissioners requested that some additional background on the rationale for the master planning effort would be helpful for their Board's consideration of the draft Interlocal Agreement. The New Hope Creek Plan (the Plan) was adopted by all four jurisdictions in 1991. Since that time each individual jurisdiction and the Triangle Land Conservancy (TLC) have been working to implement the preservation and recreation recormnendations within the plan. Recommendations for the Hollow Rock area are described in both components 4 and 6 of the Plan. The area includes two acres already acquired by the Triangle Land Conservancy, a trail easement negotiated by TLC and now held by Orange County, another 7 acres being acquired by Orange County from Duke University, lands owned by Wade Penny, and portions of the Erwin Trace property. The Plan proposes an access area with parking and picnicking facilities on the west side of Pickett Road, as well as trails through portions of all of the properties mentioned. In the late 1990's an initial plan for the access area was drawn up for TLC, encompassing the properties on the west side of Pickett Road area. The relatively small size of each of the properties and their relationship to each other makes master planning for trails and facilities important to be planned in a coordinated fashion. For instance, parking to provide access to the Erwin Trace property on the east side of Pickett Road should not be designed in isolation from the potential parking/access area planned on the west side of Pickett Road. Trails that traverse all of I the properties should be planned and designed in a coordinated fashion. I have attached an aerial photo that highlights the relationship between the different properties. Since the properties also include land within both Counties, the draft Interlocal proposes a Committee with representatives from all the.jurisdictions to provide guidance to these design efforts, similar to the Advisory Committee which was established for the Little River Regional Park several years ago during its initial stages. I hope this background is helpful to your Board's review of the draft Interlocal Agreement. Please let me know if I can provide any further assistance. 200 E Main Street, 4 °i Floor, Durham, N C 27701 • (919) 560 -0755 • Fax (919) 560 -0057 Equal Employment/Affirmative Action Employer