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Agenda - 05-20-2003-8h
ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 20, 2003 Action Agenda Item No. ~' SUBJECT Approval of the Orange/Chatham Boundary DEPARTMENT: Land Records/GIS PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 3/17/03 Letter from NC Geodetic Survey Exhibit "A" Boundary Line Description 2 Preliminary Survey Maps of Boundary NCGS §153A -18 INFORMATION CONTACT: Roscoe Reeve, ext 2501 TELEPHONE NUMBERS: Hillsborough Chapel Hill Durham Mebane 732-8181 968-4501 688-7331 336-227-2031 PURPOSE: To provide formal approval of a survey map and boundary description of the line between Orange County and Chatham County, as provided by the North Carolina Geodetic Survey. BACKGROUND: Action recommended by County staff at this meeting is simply a statutorily required formal step to approve the location and description of the boundary line between Orange and Chatham. North Carolina Geodetic Survey Office staff have recommended that the two boards of commissioners approve the plat and description of the boundary (see attached letter). Staffs from both counties have reviewed the documents prepared by the Geodetic Survey and have found them to be consistent with the changes to the boundary that were made in 1989. The map and description reflect the county line as both jurisdictions have observed it during the past fourteen years. On August 15, 1989 the Board of Commissioners approved a new boundary description between Orange and Chatham counties drawn by staff on an orthophoto. This process was originally permitted under local legislation and has since been approved by the General Assembly with statewide applicability under §NCGS 153A-18(c) (extract attached). The Chatham County Board of Commissioners approved the same boundary on October 7, 1991. The State Office of Geodetic Survey has now placed monuments (physically, on the ground) on that line, drawn a legal description and has submitted it to the counties for board approval. The Orange County Land Records/GIS office has reviewed the description and map and finds the proposed boundary to be the same as the one approved in 1989, subject to a conversion from scaled to surveyed coordinates and coordinate values from NAD 27 to NAD 83 (the proper adjustment needed to reflect current state plane survey standards). If the BOCC approves the proposed description and map (Chatham County Commissioners approved them on April 21, 2003) it will be submitted to the General Assembly for adoption by the State of the county boundary between Orange and Chatham. Upon formal General Assembly approval, an original boundary map will be recorded in the Register of Deeds office in both counties. FINANCIAL IMPACT: None. In an indirectly related matter, staffs from both counties are working on a revision to the 1989 resolution between the two Boards of Commissioners laying out tax treatment of properties that were affected in 1989 by the relocation on the ground of the Orange-Chatham line. That item will come back for BOCC consideration as a separate item in the next few months, and could have a minor financial impact of several thousand dollars per year in property tax revenue. RECOMMENDATION(S): The Manager recommends that the Board approve the map and boundary description submitted by the North Carolina Geodetic Survey, for Orange County and Chatham County, and authorize staff to submit them for approval by the North Carolina General Assembly. t-• NORTH CAROLINA GEODETIC SURVEY Roger Barnes, PLS County Boundary Surveyor 20323 Mail Service Center - Raleigh, NC 27699-0323 " Te1:919-733-3836 Fax:919-733-4407 ro~;er.barnes~ncmail.net March 17, 2003 Roscoe E. Reeve `~ Land Records/GIS Director Orange County Land Records/GIS PO BOX 8181 Hillsborough, NC 27278-8181 Subject: Chatham Orange County Line Roscoe: ~ ~ c4'A O O Z ~ ~ ~ Geodetic Survey After talking with Gary it was suggested that the plat, and description should agree. Gary has suggested that the counties of Chatham and Orange (in order to save any question in the future) do the following. 1. Submit the plat to The County Commissioners for their approval. 2. After Commissioner approval Submit the description (Exhibit A) to The General Assembly so tl"~^v could pass legislation using the new description to create the County Line. Two differences exist between the original description and the one drawn from the survey plat (one) surveyed coordinates verses scaled coordinates and (two) original NAD 27 coordinates verses NAD 83. 3 After the General Assembly has acted then we can cite the law on our plat and record in .each county and with The Secretary Of State. I have enclosed for your use: - 1. County Line Shape File 2. Coordinate Text File 3. Coordinate Excel File 4. Boundary Description Word File 5. Hard Copies of Plat 6. Hard Copy of the Description Let me know if this is agreeable. Also if you need any thing additional let me know. A. R ger arnes, S County oundary Surveyor EXHIBIT A 4• BOUNDARY LINE OF CHATHAM -ORANGE COUNTIES ~. All coordinates and bearings are based on the North American Datum of 1983/86. All coordinates and distances are in meter units. Beginning at an existing point the Southeast corner of Orange County and the Southwest corner of Durham County said point being in the Northern line of Chathan county said point being a concrete post with a copper disk, stamped "CO. LINE, DURHAM CO., NO. 1 1968, ORANGE CO. MONUMENT", having a coordinate value of N 234,423.870 meters (m) E 608,128.788 meters. (m) as designated to be, the corner of Durham and Orange Counties, and the northern line of Chatham County, by the courts of North Carolina. Thence S 86° 56' 43.24" W 925.452 meters (m) to a concrete monument set with aluminum disk (#3) East of Mt Carmel Church Road (SR 1008) having a coordinate value of N 234,374.554m E 607,204.651m, said point being designated as NCGS station, County Line 3, PID AB2055'. Thence S 87° 40' 19.44" W 1,690.615m to a concrete monument set with aluminum disk (#4) f East of Clearwater Lake Drive (SR 1913) having a coordinate value of N 234,305.883m, E 605,515.431m, said point being designated as NCGS station, County Line 4, PID AB2056. Thence S 87° 19' 01.23" W 1,763.003m to a concrete monument set with aluminum disk (#5) East of Old Lystra Road (SR 1915) having a coordinate value of N 234,223.357m E 603,754.361m, said point being designated as NCGS station, County Line 5, PID AB2057. Thence S 87° 33' 27.40" W 1,563.940m to an aluminum Disk set (#6) in the East end of a asphalt traffic island at the intersection of Smith Level Road (SR1919) with US-15-501 having a coordinate value of N 234,156.710m E 602,191.842m, said point being designated as NCGS station County Line 6, PID AB2058. Thence S 87° 47' 41.52" W 37.347m to a concrete monument set with aluminum disk (#7) West of Smith Level Road (SR 1919) having a coordinate value of N 234,155.273m E 602,154.523m, said point being designated as NCGS station County L'itte 7, PID AB2059. Thence N 83° 36' 42.54" W 2299.666m to a Berntsen Aluminum monument set with brass disk (#8) in the Margaret Daniel Property (Orange County PIN 977-99-1332 having a coordinate value of N 234,411.143m E 599,869.136 said point being designated. as County Line 8. Thence N ° 83' 13' 04.69" W 1214.099m to a concrete monument set with aluminum disk (#9) East of Poythress Road (SR 1939) having a coordinate value of N 234,554.519m E 598,663.533m, said point being designated as NCGS station County Line 9, PID AB2061. Thence S 39° 39' 39.13" W 50.139m to a concrete monument set with aluminum disk (#10) East of Poythress Road (SR 1939) having a coordinate value of N 234,515.920m E 598,631.532m, said paint being designated as NCGS station County Line 10, PID AB2062. Thence N 84° 54' 42.26" W 246.205m to Existing Rebar in a concrete:post (#11) the Southeast corner of lot 5, Section 2, Wolf's Pond Subdivision, (Plat Book 19 Page 149 OCR) having a EXHIBIT A .~ coordinate value of N 234,537.756m E 598,386.297m, said point being designated`as County Line 11. ~:.- Thence N 84° 31' 30.43" W 690.729m to Feno Monument set with brass disk replacing an existing iron pipe (#12) the Southwest corner of Lot 5, Section 4, Wolf's Pond Subdivision, (Plat Book 22 Page 59 OCR) having a coordinate value of N 234,603.658m E 597,698.719m said point being designated as County Line 12. Thence N 03° 32' 14.02" W 60.959m to a Feno Monument set with brass disk (#13) in the line of said Lot 5 having a coordinate value of N 234,664.SOlm E 597,694.958m said point being designated as County Line 13. Thence N 83° 16' 04.99" W 2~22.591m to a concrete monument set with aluminum disk (#14) South of Jones Ferry Road (SR 1942) having a coordinate value of N 234,948.488m E 595,289.070m, said point being designated as NCGS station County Line 14, PID AB2063. Thence N 83° 15' 33.17" W 223~1.659m to a concrete monument set with aluminum disk (#15) to a point in the Walter Braxton Durham Et Al property (Orange County PIN 9747-62-6596) ; having a coordinate value of N 235,210.435m E 593,072.838m, said point being designated as ` County Line 15. Thence N 82° 55' 46.72" W 1587.05 lm to a concrete monument set with aluminum disk (#16) East of White Cross Road (SR 1951) having a coordinate value of N 235,405.782m E 591,497.855m, said point being designated as NCGS station County Line 16, PID AB2064. Thence N 82° 53' 40.81" W 1668.976m to a Feno monument set with brass disk (#17) in the Walter Atwater property (Orange PIN 9737-43-8522) having a coordinate value of N 235,612.224m E 589,841.696m, said point being designated as County Line 17. Thence N 00° 03' 37.30" W 169.913m to a Feno monument set with brass disk (#18) in the said Walter Atwater property having a coordinate value of N 2:55,782.137m E 589,841.875m, said point being designated as County Line 18. Thence N 84° 25' 40.82" W 246.394m crossing Collins M!. Road (SR 1954) to a Feno monument set with brass disk (#19) in the said Walter Atvrater property having a coordinate value of N 235,806.061m E 589,596.645m, said point being designated as County Line 19. Thence S 12° 42' 08.03" W 161.903m to a Feno monument set with brass disk (#20) in the said Walter Atwater property having a coordinate value of N :~35,648.12C-m E 589,561.045m, said point being designated as County Line 20. - Thence N 83° 04' 05.12" W 1544.721m to a concrete mora.~ment set with aluminum disk (#21) East of Crawford Dairy Road (SR 1956) having a coordinate value of N 235,834.552m E 588,027.615m, said point being designated as NCGS statio~l County Line 21, PID AB2066. Thence N 82° 29' 19.27" W 967.680m to a computed point in the Haw River (#22) having a coordinate value of N 235,961.049m E 587,068.239m, said point being designated as NCGS station County Line 22, PID AB2077. Also being the ending point, the Southwest corner of EXHIBIT A _ ~ ~s Orange County, the Northern boundary line of Chatham County and in the East line'~of Alamance. County. ''`'- Being the boundary line between Chatham and Orange Counties. Chatham and Orange counties mutually developed a proposed boundary between themselves to more accurately determine the location of their common county line. The counties were authorized by local legislation from the General Assembly to create a new boundary on orthophoto base maps, and mutually adopted the same. The Chatham County Commissioners approved the orthophoto mapped line on October 7, 1991 meeting, page 40. The Orange County Commissioners approved the orthophoto mapped line On August 15,1989, item G-4. The North Carolina Geodetic Survey, monumented and platted the approved line. For a more complete and full descripCion see the plat entitled Survey Of The Chatham Orange Line. 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Uncertain or disputed boundary. (a) If two or.more counties are uncertain as to the exact location of the boundary between them, they may cause the boundary to be surveyed, marked, and mapped. The counties may appoint special commissioners to supervise the surveying, marking, and mapping. A commissioner so appointed or a person surveying or marking the bouindary may enter upon private property to view and survey the boundary or to erect boundary markers. Upon ratification of the survey by the board of commissioners of each county, a map showing the surveyed boundary shall be recorded in the office of the register of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretary of State's office. The map shall contain a reference to the date of each resolution of ratification and to the page in the minutes of each board of commissioners where the resolution may be found. Upon recordation, the map is conclusive as to the location of the boundary. (b) If two or more counties dispute the exact location of the boundary between them, and the dispute cannot be resolved pursuant to subsection (a) of this section, any of the counties may apply to a superior court judge who has jurisdiction pursuant to G.S. 7A-47.1 or 7A-48 in any of the districts or sets of districts as defined in G.S. 7A-41.1 in which any of the counties is located for appointment of a boundary commission. The application shall identify the disputed boundary and ask that a boundary commission be appointed. Upon receiving the application, the court shall set a date for a hearing on whether to appoint the commission. The court shall cause notice of the hearing to be served on the other county or counties. If, after the hearing, the court finds that the location of the boundary is disputed, it shall appoint a boundary commission. The commission shall consist of one resident of each disputing county and a resident of some other county. The court may appoint one or more surveyors to assist the commission. The commission shall locate, survey, and map and may mark the disputed boundary. To do so it may take evidence and hear testimony, and any commissioner and any person surveying or marking the boundary may enter upon private property to view and survey the boundary or to erect boundary markers. Within 45 days after the day it is appointed, unless this time is extended by the court, the commission shall make its report (which shall include a map of the surveyed boundary) to the court. To be sufficient, the report must be concurred in by a majority of the commissioners. If the court is satisfied that the commissioners have made no error of law, it shall ratify the report, after which the map shall be recorded in the office of the register of deeds of each county in the manner provided by law for the recordation of maps or plats and in the Secretary of State's office. Upon recordation, the map is conclusive as to the location of the boundary. The disputing counties shall divide equally the costs of locating, surveying, marking, and mapping the boundary, unless the court finds that an equal division of the costs would be unjust. In that case the court may determine the division of costs. (c) Two or more counties may establish the boundary between them pursuant to subsection (a), above, bythe use of base maps prepared from orthophotography, which base reaps show the monuments of the United States Geological Survey and` North Carolina State Plane Coordinate System established pursuant to Chapter 102 of the General Statutes. Upon ratification of the location of the boundary determined'from orthophotography by the board of commissioners of each county, the map showing the boundary and the monuments of the United States Geological Survey and North Carolina... State Plane Coordinate System shall be recorded in the Office of the Register of Deeds of each county and in the Secretary of State's office. The map shall contain a reference to the date of each resolution of ratification and to the page in the minutes of each board of commissioners where the resolution may be found. Upon recordation, the map is conclusive as to the location of the boundary. (1836, c. 3; R.C., c. 27; Code, s. 721; Rev., s. 1322; C.S., s. 1299; 1925, c. 251; 1973, c. 822, s; 1; 1987 (Reg. Sess., 1988), c. 1037, s. 121; 1997=299,. s. 1.)