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HomeMy WebLinkAboutAgenda - 11-19-2002-8iORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 19, 2002 Action Agenda , Item No. '~- / SUBJECT: Ingress Easement to CCB at 118 N. Churton Street DEPARTMENT: Purchasing and Central PUBLIC HEARING: (Y/N) No Services ATTACHMENT(S): Easement Annotated Survey INFORMATION CONTACT: Pam Jones, (919) 245-2652 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider granting a permanent 20-foot wide ingress easement along the north side of the recently acquired Graham Building at 118 N. Churton Street, Hillsborough to Central Carolina Bank (CCB). BACKGROUND: One year and a half after the Board of Commissioners approved the purchase by Orange County of the property at 112 and 118 N. Churton Street, the transaction has been closed. The bulk of the time has been consumed with getting environmental clearances from the State after the Phase I Environmental Assessment revealed a leaking underground storage tank at the Graham building lot (118 N. Churton Street). The tank is now gone, and the contaminated soil has been removed. There is some residual groundwater contamination. However, that will not pose a problem to Orange County's current or future use of the property since both buildings on the property are served by Hillsborough public water. A notice of restriction related to the use of groundwater has been recorded and "PIN'ed" to the title to the Graham building lot. In addition to the environmental cleanup, the acquisition of the property by the County allowed a number of title problems revealed by the title search and several other issues revealed by the survey of the property to be cleaned up. Importantly, an encroachment into the 112 N. Churton Street property by a deed for the Sawyer Building has been removed, and a number of easements that ran to and from Central Carolina Bank property and Hillsborough Savings Bank property have been eliminated. Further, the deed of the property to Orange County conveys to the County both a 16-feet wide permanent alley and easement along the east side of the property to King Street and also two permanent parking places that lie east of the alley. The County had been leasing these parking spaces from CCB. As part of this transaction and particularly as it relates to the various easements, CCB wants to continue the use of the 20-foot wide ingress easement along the north side of the Graham Building. (See attached annotated survey). This easement has been in use for ingress into the CCB bank building and parking area for years. The attached 10-year lease of that easement has been signed by the Bank and is now presented to the Board for consideration. The term of the lease runs from October 7, 2002 through October 6, 2012. FINANCIAL IMPACT: There is no financial impact associated with granting the 20-foot wide ingress easement along the north side of the Graham Building to CCB. RECOMMENDATION(S): The Manager recommends that the Board grant the 20-foot wide ingress easement along the north side of the Graham Building to CCB; and authorize the Chair to sign the easement lease on behalf of the Board. 3 PREPARED BY: Geoffrey E. Gledhill RETURN TO: Grantee NORTH CAROLINA ORANGE COUNTY LEASE OF RIGHT OF WAY EASEMENT THIS LEASE OF RIGHT OF WAY EASEMENT made and entered into this ~ day of Qc-f b,~.¢r 2002 by and between Orange County, North Carolina, a body politic and corporate pursuant to the laws of the State of North Carolina, Lessor, and National Commerce Financial Corporation, formerly National Commerce Bancorporation, d/b/a National Bank of Commerce and Central Carolina Bank and Trust Company, Inc., c/o Mr. Ronald W. Perkins, RPA, Facilities Manager, P.O. Box 931, Durham,,North Carolina 27702, Grantee; WITNESSETH: That said Lessor for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid, the receipt of which is hereby acknowledged, has leased and by these presents does lease unto the Lessee and its heirs and assigns, anon-exclusive right of way easement of ingress from North Churton Street, Hillsborough, North Carolina, over, upon and through the property of Lessor described as " 20' ROW Easement of Ingress" as shown on the plat hereinafter referred to. The approximately 20' ROW Easement of Ingress is more particularly described as follows: Lying in the Town of Hillsborough on the east side of North Churton Street and beginning at a "V" Mark on Concrete Sidewalk, the northwest corner of property owned 4 by Lessor described in the deed at Book _, Page ~ Orange County Registry; running thence from said beginning point S 85° 52' E 121.5' to a nail, the northeast comer of the property of Lessor described in the deed recorded at Book _, Page _, Orange County Registry; thence S 04° 08' W 19.25' to a nail; .thence N 85° 52' W 121.5' to a "V" Mark on Concrete Sidewalk; thence N 4° 08' E 20.75' to the place and point of beginning according to plat of survey entitled "COUNTY OF ORANGE, NORTH CAROLINA," dated July 29, 2002 by MICHAEL A. NEAL & ASSOCIATES, which plat is recorded at Plat Book _, Page ~ Orange County Registry. To have and to hold the lease premises together with all privileges and appurtenances thereunto belonging, to Lessee subject to the teens and conditions hereinafter set forth: 1. This lease shall become effective and possession of the leased premises surrendered to Lessee commencing on October 7, 2002 and unless sooner terminated as herein provided shall exist and continue for a teen of ten (10) years. Grantee shall have an option to renew this lease for additional terms of five (5) years so long as Lessor does not notify Lessee before the expiration of the lease term or any renewal term of Lessor's intent to use the leased premises inconsistent with this lease. Lessee shall provide notice to Lessor of its intent to renew this lease and Lessor shall provide notice to Lessee of its intended use incompatible with this lease as described in the paragraph titled Notices. Lessor's determination of its intent to use the leased premises inconsistent with this lease shall be made by Lessor. in its sole and absolute discretion. 2. Notices: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to Lessee or Lessor at their respective office address, as set forth herein: To Lessor: Orange County, North Carolina Department of Purchasing and Central Services Post Office Bax 8181 4 by Lessor described in the deed at Book _, Page _, Orange County Registry; running thence from said beginning point S 85° 52' E 121.5' to a nail, the northeast corner of the property of Lessor described in the deed recorded at Book _, Page _ ,Orange County Registry; thence S 04° 08' W 19.25' to a nail; thence N 85° 52' W 121.5' to a "V" Mark on Concrete Sidewalk; thence N 4° 08' E 20.75' to the place and point of begurning according to plat of survey entitled "COUNTY OF ORANGE, NORTH CAROLINA," dated July 29, 2002 by MICHAEL A. NEAL & ASSOCIATES, which plat is recorded at Plat Book _, Page ~ Orange County Registry. To have and to hold the lease premises together with all privileges and appurtenances thereunto belonging, to Lessee subject to the terms and conditions hereinafter set forth: 1. This lease shall become effective and possession of the leased premises surrendered to Lessee commencing on October 7, 2002 and unless sooner terminated as herein provided shall exist and continue for a term of ten (10) years. Grantee shall have an option to renew this lease for additional terms of five (5) years so long as Lessor does not notify Lessee before-the expiration of the lease term or any renewal term of Lessor's intent to use the leased premises inconsistent with this lease. Lessee shall provide notice to Lessor of its intent to renew this lease and Lessor shall provide notice to Lessee of its intended use incompatible with this lease as described in the paragraph titled Notices. Lessor's determination of its intent to use the leased premises inconsistent with this lease shall be made by Lessor. in its sole and absolute discretion. 2. Notices: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to Lessee or Lessor at their respective office address, as set forth herein: To Lessor: Orange County, North Carolina Department of Purchasing and Central Services Post Office Box 8181 Hillsborough, NC 27278 To Lessee: National Bank of Commerce c/o Mr. Ronald W. Perkins, RPA 5 Facilities Manager Post Office Box 931 Durham, NC 27702 or at such other address as may hereafter be designated in writing by either party hereto. The time and date on which mail is postmarked shall be the time and date on which such communication is deemed to have been given. 3. Covenant of Title: Lessor covenants, represents and warrants that it has full right and power to execute and perform this Lease. If at any time during the term hereby demised the title of Lessor shall fail or it shall be discovered that Lessor's title does not permit Lessor to grant the term hereby demised, Lessee's remedy, which shall be exclusive of all other remedies, shall be to annul and void this lease. 4. Subordination: Lessee agrees that this lease is and shall remain subject and subordinate to and may be assigned as security for any present and all future mortgages or deeds of trust which may now or hereafter affect the lease premises. This clause shall be self-operative and no further instrument shall be necessary to effect such subordination. However, Lessee shall execute promptly and deliver to Lessor any such certificate or certificates in writing as Lessor may request evidencing the subordination of this lease to or the assignment of this lease as additional security for any such mortgage or deed of trust and Lessee hereby constitutes and appoints Lessor as Lessee's attorney-in-fact coupled with an interest to execute any such certificate, certificates or assignments on Lessee's behalf in default of such execution by Lessee. In the event the property owned by Lessor upon which this right of way easement is located is sold pursuant to a court order in any foreclosure proceeding or is sold pursuant to a power of sale contained in any mortgage or deed of trust, Lessee agrees to execute an attornment agreement with such purchaser not in conflict herewith at the request of such purchaser. 6 5. Assignment and Sublease: Lessee agrees not to encumber or assign this lease or sublease all or any part of the leased premises without the written consent of Lessor, which consent shall not be unreasonably withheld. Such assignment shall in no way relieve Lessee from any obligations hereunder for the performance of the conditions and provisions of this lease. 6. Quite Enjoyment: Lessor agrees that Lessee, upon paying the stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the lease premises for the teen aforesaid, subject to the terms of this lease. Lessee acknowledges that this lease is of anon-exclusive right of way easement of ingress from North Churton Street, Hillsborough, North Carolina, over, upon and through the property of Lessor for the benefit of the property of Lessee that adjoins the easement and that the Lessee may, for itself, its heirs, assigns, tenants, licensees and permittees access and use the easement for any purpose not inconsistent with this lease. 7. Indemnity: Lessee agrees to indemnify and save harmless Lessor against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the lease premises occasioned in whole or in part by any act or omission on the part of Lessee or any employee, agent, visitor, assign or undertenant of Lessee or by reason of any unlawful use of the lease premises or any breach, violation or nonperformance of any covenant in this lease on the part of Lessee to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the lease premises by Lessee. 8. Repair and Maintenance: Lessee agrees to keep the lease premises in good condition and repair and the pavement and curbing on the lease premises in good repair and free from potholes and obstructions. 7 9. Signs: Lessee, with the prior written consent of Lessor, may affix a sign or signs appropriate to properly direct the use of the lease premises by Lessee's licensees, peimittees or otherwise, provided all such signs are in compliance with the Town of Hillsborough zoning regulations and provided a zoning compliance permit is obtained from the Town of Hillsborough and a copy thereof provided to Lessor before any such sign is affixed. 10. Entire Agreement: This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. NATIONAL COMMERCE FINANCIAL CORPORATION, FORMERLY NATIONAL COMMERCE BANCORPORATION, D/B/A NATIONAL BANK OF COMMERCE AND AS CENTRAL CAROLINA BANK AND TRUST COMPANY, INC. Ron d W. Perkins First Vice President ORANGE COUNTY, NORTH CAROLINA By: Barry Jacobs, Chair, Orange County Board of Commissioners ATTEST: Donna S. Baker, Clerk to the Orange County Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Officer of Orange County 8 NORTH CAROLINA COUNTY I, 1~nn~ S • F[a,K~. , a Notary Public of said County and State, do hereby certify that Ronald W. Perkins personally appeared before me this day and acknowledged that he is the First Vice President of National Commerce Financial Corporation, formerly National Commerce Bancorporation, d/b/a National Bank of Commerce and as Central Carolina Bank and Trust Company, Inc. and that by authority duly given, and as the act of said corporation, the foregoing instrument was signed in its name by him as First Vice President. WITNESS my hand and seal this ~ day of y , 2002. 1~- Notary Publi ENV s. ~~ Q My commission expires: ~~~ ~~'~ NOT,~gY AV$Llt+ NORTH CAROLINA $'~~•,,,~ ,~,d~' ORANGE COUNTY I, , a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal, this the day of , 20 Notary Public My commission expires: lsg:otac-gecountyU.ease of Right of Way Easement Z O -~ ;U C = C7 Fec A1N8IIC MM'M'N'E !.M' NM'M'N'/ M.7! N M' K' M' E ff.Nr -.__ ~ I I ~~ ' ~ I ap ~ I 4 ~ W~~ ~ ~ ~ N ~~ ~ ~ ~ ~ M N A . ~ -- N M ° r = ' ~ i s~ _ ~ ~ ~ I ~ AEI ~ ~ ~ ~ ~ ~ _~ o _ la I ~ z ~~ ~ ~ ~ ~ I ~ ~ rn ~ ~ ~ ~ ~ ._. - I _ ~o ~ z ~ ~~ ,~ N I . ~~ ~ I ~~ I q~ ~ ~ ~ I ~ ~ ~ ~ ~ I ~~ I ~ ~ I I~''1t M.N,r.fEt 20' PUBLIC ALLEY ~