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HomeMy WebLinkAboutAgenda - 03-21-2000-8gORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 2000 Action Agenda Item No. SUBJECT: Approval of Easement Across County Leased Property for Pathways Elementary Sewer Connection DEPARTMENT: Public Works PUBLIC HEARING: (Y!N) No ATTACHMENT(S): INFORMATION CONTACT: ~Ibert McAdoo, Director of Public Works Proposed Sewer Line Agreement 245-2627 Map of Easement TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approving an easement across the northwest corner of the County's Solid Waste Convenience Center located on leased property at 122p NC Highway 57 North, in order to provide sanitary sewer service to the Orange County Board of Education's new school off Highway 57. BACKGROUND: In May 1991, Orange County entered into a lease agreement with Annie D. Freeland for a piece of property on which to operate the Highway 57 Solid Waste Convenience Center (SWCC). The agreement was renewed in April 1996 for afive-year term, expiring April 2001. The monthly rent amount is $150. The Orange County Board of Education has requested the extension of an existing Hillsborough sewer line to provide sanitary sewer services to the new Pathways Elementary School located off Highway 57. In order to facilitate this request, the existing line is proposed to be extended across the northwest corner of the County's leased SWCC property. The Town of Hillsborough would be the owner of the sewer line and the permanent easement. Based on the survey stakes and flagging, it appears that bath the initial construction area and actual sewer line will be located outside of the fence and should not interfere with the operation of the SWCC. Since there are no present plans to expand this center, the proposed installation and easement should not pose any future conflict for County operations.. FINANCIAL IMPACT: There is no financial impact on the County General Fund, as costs of the sewer extension are included in the Orange County Schools' project budget for construction of Pathways Elementary School. 2 RECOMMENDATION(S): The Manager recommends that the Board execute the prapased sewer line agreement between Orange County and the Orange County Board of Education, so long as neither construction nor the sewer line encroach upon the County's solid waste facility located at the Highway 57 SWCC. 3 Prepared by: D. MICHAEL PARKER Return to: D. MICF~EL FARF:ER P.0. BOX 100 IITLLSDOROUGH, NC ?.7278 NORTH CAROLINA SFWER LINE AGRERM~'NT ~7RANGE Ct;~JtvRrY 'THIS 5I;wE1~ T,,1I~ RGf~EEMBN'T, made and entered .into Lhis t?~~ day of _ _, 2000, by and bcLweeri o~GE COUNTY, a body politic organized and exisl.in9 pursuant to the laws of the state of North Carolina, Party ai Chc First fart. (hereinafter referred to as "COUNTY") and the ORANGE COUNTX 30A_k7 OF EDUCATION, a body politic organized and existing pursuant to the laws of the state of North Carolina, Party of t~~e 5ccond Parr. (hc:reinafLer referred to as "L3AARD") ; W I T N E 5 S ]3 T H TIrIAT, WHERF;AS, the Beard is constructing a gewcr line Co provide sanitary sower services to a school site located off N C Highway 57 in Iillsborough Township, orange County, North Carolina that, upon connecti031 wiCh the existing Sewer system for the Town of Hillsborough, will become a part of that system owned by the Town of Hillsborough; PSTF7, WH~Ri;.AS, i.n orr]ex to construct said sewer la.rie, the Board will need eo crass property owned by Arln3.e D. Freeland which includes certain property leased by Annie D. Freeland to the CouriCy pursuant to a lease wh]Ch was recorded i~a DECd Baok 561 at page 522 of tho Orange County Registry, the last Yenewal of which was recorded in Deed Sook 1527, pagE 462 of tine Orange County Registry; AND, WHEREAS, in ^rder to corist~.-uCt said sewer line the Evard, its agents, employees and indepeadexit contraCtaxs will need tp ga upon the premises leased by Ghe County from Annie D. Freeland; AND, VdHER£AS, Che County has consented to the Enoxoachment upon its le3ssd premises by the Board and by the Towr_ of Hillsborough as owner of the permanent easement for the said sewer and for the purposes herein stated; NOW, TF3EFLFaRE, Che Svard ax~.d County do hereby agree as follows: 1. Thar_ ttie Berard, its agents, employees and independent ~:ontractor.s employed by it may go upon the premises lea ,Pd by the County fram Annie D. Freeland, which prelliises are described by lease which is recorded iri Book 561 at Page 5z2 of the Orange County Registry, the lasC renewal of which was retarded in Deed Hook 1527, page 462 of the Orange County registry, and is 4 aYsn shown on P t t Re Ii kry faro the purpose; Sof kconstructgng 5 and the Orange Coon y 5 ~.nsta111ng a sanitary sewer line substantially a.n accordance with 4hE same as i5 shown on ma~a ~ of 3 for the Orange [:ot~t~ty Boarda~fd Education prepared by Ca7.i emyn P~axkcr, Int.. ~agineering and Surveying which is dated Augu.t, 1x99 axsd is rccarded iz~ P1at f~aok Page .._._ _ nP the Orange County Rego-stzy . 2. That the Goun4y does eonsenL to end agree ,;ha.t i.;. will permit the Town of !e`s:.] lsbox~ouyh, its successors and assigns, to exercise :.rie rzghc.s a:~d pxi•~:leges scL fcs'Lh iit a permanent easement to be granted by`Annie ~. k~zeeland over r cad ox zemtovE propexty tv cansLruct, main~ain, Yepair, modify, uP5 underg id sewage line ebya the yTownnote HillgboroLighmats agentsY the 5a emp].ayees and irld~epcr~dent 4pntxacCars , 3 . lri constructing aa5 ~~ sewer line Soarcl sha11 remove all suiYlus earth, sha11 make level .the surface of the ground above said lines and apparatus, cad shall interfere a.s little as reasonably possible with any plants, fences or other irnprovemeri.ts on~ the property provided that such plants, fences ox other impx'©vements shall not interfere with the right of the Soard or the Town of Hillsborough of ingress axad egress to the property hexein described for the purposes of maintenance or repairs of said sewer line, far the construction or r®pair of laterals axed coni7,eCGions a.ad such plants, fences, and other i.mproverner~~.s shall not interfere w~.th the installation, aperat] on and maintenance of said sewer line. Aziy such plants, fences or other improvements disturbed by the F3oard in the construction, maintenaxr,ce or repair of said sewer line shall be replaced ar repaired by the Sward. 4. The parties agree that .the. ?own of Hillsborough is a third party ben.ef iCia~.y of this agrsemeraC . 5. this agreement shall inure to the benefit of and shall be binding upon the heirs, s,.iCCessors aild assigns of the parties hereto. IN TESTIMONY WHEREOF the County axxd the Soard have both caused this instr~~ment to be signed ixa their corporate names ~ by the chairperson of their respective boards, Bignature9 of their c f f fixed i t9 corpo b tet Beal heretoG on the edaytandeyear~ fir C k above a Wr1 tte1~. ORANGE COUNTY By: (SEAL) CHAIR OF THE ORANGE COUNTY BOARD OF COMMISSIONERS ATTEST : .~--- - (CORPORATE 5EAL1 SECRF•TAKY ~~ 7~~E ORANGE COUNTY ~3.OARD OF EbVc~z'ZON gy _ , ~ ( SEAL ) CHAIRPE22SON ?1TTE S'.' ~ - SECRETAkY (CORPORATE SEILL) 7t 'k '~ t x eF * a: x '/t # Yr # 'k +4 tk f # iF R 'k 9! ~ k it ~r } ~r 'r # * is 'k * '~' Y x * '~ ik -k * * •lr '1 * # it t~ Y! d! ~k 'k Mt x * # * * '~' 'k !r * lr ~' STATE o= NOR~1H CAROLINA COi71~TY . F _ ~ Notary Public of L'he aforesaid County and State, do~'iereby certify that bandy Bridges personally came before me this day and acknowledged tYiat he iS Secretary of the ORANGE COUNTY BOARD OF EDUCATION, a North Carolina Corporation, and that by authority duly givQn and as the aGt of the corporation, the zorPgoing instrument was signed in its name by Susan A_ Dovenbarger, its C~lairperson, sealed with its corporate seal and aLCested by him as its Setrer.ary. Witness my hand and notarial seal, this the ~~ day of 2000- NOTARY ~UBLZc My coirnnission expires: 7t**~}##**~k~le*f'~,r#icic~rr*x~tYr*~rt3***r*r,rre*w,t~k:k-+c;r+ra ~e*x**+ryr~*#* k**'~*•k~k#t STATE OF NORTH CAROLINA COUNTY OF x, Notary Public of the aforesaid County and Statie, do here y certify that BEVERLY BLYTHE personally appeared bei•ore me this day anal acknowledged that she is Secretary of THE ORANGE COUNTY BOARD OF COMMxSSIONFRS, a North Carolina Corporation, and that by authority duly given ar-d as the act df Zhe Corporation, the foregoirig instrument was signed in its name by ALICE CORDON, its Chairperson, sealed wits its corporate seal and attested by her a.; its Secretary. W.itnes5 my hand and notarial seal, this the day of X000. NOT'1+.RY I~USI~TC My commissi.an expires- 5 OCD \cKt+cK . a ~N ~/ >%~~'A! ~4 `~ "l 7 V ~~ 6