HomeMy WebLinkAboutAgenda - 05-16-2000-8bORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 16, 2000
Action Agenda
Item No. ~^
SUBJECT: Little River Re Tonal Park and Natural Area -Exercise of O tion to Purchase
DEPARTMENT: Environment and Resource PUBLIC HEARING: (Y/N) No
Conservation
ATTACHMENT(S):
- Option Agreement with Triangle
Community Foundation
-Site Map
- Preliminary Phase I Environmental
Assessment
- Project Funding Scenario
- Clean Water Grant Press Release
INFORMATION CONTACT:
Dave Stancil, 245-2590
Rich Shaw, 245-2591
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider exercising an option to purchase 135.61 acres of land in Little River
Township from the Triangle Community Foundation, for the Little River Regional Park and
Natural Area in conjunction with Durham County, Triangle Land Conservancy and Eno River
Association).
BACKGROUND: On March 21, the Board agreed to an option to purchase a 135.61-acre
portion of a 390.91-acre tract owned by Triangle Community Foundation as part of the joint
Little River Regional Park and Natural Area. This land straddles the Orange-Durham County
line, and the parkland purchase is a joint initiative of Orange and Durham Counties, the Triangle
Land Conservancy (TLC) and the Eno River Association (ERA). The price of the option was
$9,000 for Orange County ($11,000, including $2,000 in option contributions received from TLC
and ERA).
To date, grant funds have been approved in the amount of $377,000 from the N.C. Clean Water
Management Trust Fund, and $250,000 from the N.C. Parks and Recreation Trust Fund (just
announced May 10). In addition, staff is proposing to submit another grant application for an
access roadway, parking area and trail development to the U.S. Land and Water Conservation
Fund.
Exercise of the option will have the County purchase, with a closing date of October 31,2000, its
portion of the property at a price of $352,586 (not including closing costs, option payments
already made, grants, and fund-raising commitments from TLC/ERA). The total purchase price
for all partners toward the 390.91 acres is $1,016,366. Durham County's portion of the
purchase is $663,780 (not including closing costs, option payments, grant funds). The above
grants ($627,000 total) and fund-raising commitments from TLC and ERA ($170,000 total) will
offset the two counties' costs. The purchase price is $2,600 per acre, and is based on two
appraisals. Counting the approved grant funds and commitments from TLC/ERA, the County's
actual final cost will be considerably less - $89,028 (or $656/acre). All necessary appraisals and
surveys of the property havE been completed.
Once the properly is purchased, it would be administered jointly by Orange and Durham
Counties. An inter-local agreement will be developed to have Orange County take the lead in
managing the park (Durham County does not have a Recreation and Parks Department). A joint
committee has been proposed to develop initial plans on use for the park/natural area.
Concurrently, TLC and ERA are continuing to work with the owners of an adjacent 179-acre
property toward conservation easements that could maintain a portion of that property in open
space, as well.
A budget amendment will be prepared in advance of the property closing which accounts for the
grants received and the County's share of funding.
.FINANCIAL IMPACT: The County's portion of the parkland purchase will be $367,978. This
includes the option payment and the County's portion of surveys, appraisal, environmental
assessment, and closing costs: With grant moneys from the two state trust funds, and the fund-
raising commitments of TLC and ERA, the County's final cost would be $89,028. At the time of
closing; to occur no later than October 31, 2000, the County would pay $256,086 ($343,586
including $87,500 from the Parks and Recreation Trust Fund. The Clean Water grant and
TLC/ERA fund-raising contributions would not be available until after October 31 and would be
a reimbursement to the County). The recommended funding sources for the purchase are
$156,086 up front ($44,514 after all funds received) from the 1997 parkland acquisition bonds
($2.89 million remaining), and $100,000 up front ($44,514 after all funds received) from the
recreatioh and open space payment-in-lieu funds ($102,000+ currently available).
RECOMMENDATION(S): The Manager recommends that the Board exercise the option to
purchase this property, with a closing to ,occur on or before October 31, 2000. A budget
amendment will be prepared for the September 19 Board meeting, for the purposes of
accepting the grants and completing the payment arrangements at the time of closing.
The Manager also recommends that the Board authorize ERCD and Recreation and Parks staff
to work with Durham County to develop a draft inter-local agreement for park management and
use, for the Board's review and decision on September 19 (prior to the October 31 closing).
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NORTH CAROLINA OPTION TO PURCHASE
This Option to Purchase made on ~ 2 ~ ~ between TRLANGLE COMMiJNIT'
FOUNI1rATION, hereinafter referred to as Seller, to C LINTY OF ORANGE, NORTA CAROLINA, hereinafti
referred to as Buyer.
WITNESSETH, that the Seller, for and in consideration of the sum of ELEVEN THOUSAND AN
NO/100s DOLLARS ($11,000.00) (hereinafter referred to as "Option Money's to them in hand paid by the Buye
receipt of which is hereby acknowledged, does hereby give and grant unto the Buyer, their heirs, assigns, c
representatives, the exclusive right and option to purchase all of that certain plot, piece, or parcel of land togethE
with all improvements thereon, located in the County of Orange, State of North Carolina, and more particular]
described as that portion of the 390.91 acre tract described on Exhibit A which is located entirely in Little Itivf
Township, Orange County, North Carolina (hereinafter referred to as the Property'. At the time of the exerci:
of this option, Buyer may exercise its option to purchase, alternatively, the entire plot, piece, or parcel of land, le:
and except that 26 acre tract shown on Exhibit B, under the same terms as conditions.
The terms and conditions of this option are as follows:
Term. This option shall exist and continue unti15:00 P.M. EST on May 3.1.2000..
2. Exercise. At anytime during the option period, Buyer may exercise this option by hand delivery or depos
of written notice by certified or registered mail, return receipt requested, to Seller at the following address
Mr. Fred Stang
Triangle Community Foundation
100 Park Offices, Suite 209
P. O. Box 12834
Research Triangle Park, North Carolina 27709
3. Contract Upon Exercise. Upon exercise, the terms of purchase and sale shall be as set forth on Exhibit
attached hereto, and incorporated herein by reference.
4. Application of Option Money. The consideration paid for this option, above set forth shall be applied i
the purchase price at closing, if this option is exercised. If this option is not exercised, the Option Mone
will be retained by Seller, except as provided in S.A. below.
5. Other Conditions.
A. The parties hereto acknowledge that Durham County, North Carolina will enter into an Option ~
Purchase all of the Tract described on Exhibit "A" which is located entirely in Durham Count;
North Carolina If Durham County does not exercise the aforesaid option, then this Option, unle:
otherwise agreed to by Orange County and the Seller, will be null and void and the Option Mone
shall be refunded to Orange County.
B. A Phase I Environmental Study will be conducted by the Buyer, at Buyer's expense, and shall 1:
completed on or before 5:00 p.m. May 31, 2000. If the Phase I Environmental Study revea
conditions which disqualify the Buyer from receiving Clean Water Trust Fund grants for tl•
_ property, then the Option Money shall be refunded to Buyer and the Option shall be ternrinated.
C. Buyer agrees to pay for and complete by May 1, 2000 the survey required to prepare the exhibit 1
the Offer to Purchase and Contract, which survey will locate precisely the property being purchase.
If Buyer elects not to purchase the 26 acre tract, then Buyer agrees that the survey will loca~
precisely the 26 acre tract, essentially along the lines shown on Exhibit " B".
D. Buyer must notify Seller of its intent to omit the 26 acre tract from the purchase by 5:00 p.m. o~
May 31, 2000.
E. The Seller agrees to allow the Buyer access to the Property for inspecting, planning, design and fur
raising purposes.
F. The Buyer agrees to involve the Seller in future publicity and public relations events concerning th
Property to a level mutually agreed upon by the Seller and the Buyer.
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IN WITNESS WHEREOF, the Seller has hereunto set his hand and seal, or if corporate, has caused thi
instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto axe
by authority of its Board of Directors, the day and year first above written.
COUNTY OF ORANGE, NORTH CAROLINA
TRI.~1NG41; COMM[JNITY FOUNDATION BY: ~`"i`d~
.TORN .LINK, JR., ge ounty Manager
(C orated N
// ~ ,~e.oun~P ~ of
B _ `~
" sident ~ ' ATT ~~ * 4
~r
ATTEST: -~
~~ Beverl lythe, Jerk to the Boa ~' x
~~ ,l.
'x~"' Commissioners °~~a ~a<<
~~Secretary (Corporate S -
.....
$. ~Ul NORTH CAROLINA, ~ 1 Q~~ County. _
C;., .,
~ '• I, the undersigned, a Notary Publ of the County and State aforesaid, Certify that BEVERLY A. BLYTHI
~OTA/~h personally came batore me this day and acknowledged that she la Clark to the Board of Commissioners fc
«~ _ Orange Courrty and that by authority duly given end ae the act of said County, the foregoing Instrumem wa
signed In Its name 6y John M. Link, Jr., the County Manager, and attested by her as Clerk to said Board a
O AV B `~G =U7 Commissioners.
99
N~ ~ ~Q~~~;~~` Wrcness my hand and official stamp or seal, this ~ _ day of 1 I , 2000.
• "pa
Uu~+-`~ ~
My commission expires: ~a___ ~_~~- a~3 r atary Public
NORTH CAROLINA, County.
SF,A L~TAMP I, the undersigned, a Notary Public of the Courty and State aforesaid, certify the
personally appeared before me this day and acknowled ed the executicn of the foregoing instrument.
Whness my hand and official stamp qr seal, this _ ay of A , 2000.
My commission expirea:,~~L Notary Public
I, the undersigned, a Notary Public of the County and State aforesaid, certify that ~
SEAL-$TAAAP personally came before ma this day and acknowledged that he/she i6 Secretary o TRIANGLE COMM NIT:
FOUNDATION, a North Carolina corporation, and that by authority duly given and sa the act of the corporation
the foregoing instrument was signed in its name by it President, sealed with Ids torpor a seal and attested b~
him/her as its Secretary. Witness my hand and of icial at par seal, this day of 000.
My commission expires: ~~~Ot vtary Public
Rtrcvmmenda0on: Attach fully completed "OHar To Purchase And Contract" N.C. Bar Assoc Form Nv. 2, as Exhlbh A to sat out the terms
Purchase end SaN Upon (etremin.
u+cnt,eo
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~SYHIT "~-"
Hg~~1NG at a point in the east side • of Gues3 Read and running
},bu7Ce North 60° 28' 43" East x09.89 feat to a point; thence Nertb
06' 38' 7.7" East 7.66.58 feet to a point; thutce North 60° 36' 55"
East 1742.18 fRat to a point; thence North 64° 13' 08^ East 2218.40
feet to a point; thence North 08° 03' S3" East 1793.25 feet to a
points thence North 86' 50' Z2" W4st 53~~54 feet to a points thence
Korth 01° 24' 4z" East 2058.27 feet to a•point in the centerline of
Little River; thence along and with Little River the follot~ting
courses and distances: South 52° 36' 07" East 244.97 t"eet; 3vuth
83~-'.~5' 08"Fast 140.92 feet; North 5S° 33' S0" East 188.35 feet;
South 86° 20~ 22" East 166.56 feat; North 87° 33' 48" Fast 322.76
feet; South 36° ov' 58" East- 91.11 featt South 06' 09' 52" East
146.98 feet; South 03' 4~4' 05 " East 135.69 feet; South 11' 06' 33"
Bast 265.60 feet; South 13' S0' li" past.13S.37 feet South x7' 30'
09" Fact 179.29 feet3 5auth 3.4'.10' 28" East 181.15 feet; South 10°
31' 53" East 247.54 Ieet; South 10' oo' 44" East 241.75 feet; 5out17-
56 feet •
lq,' S8' z8" East 101.94 feet; South 12° 10' 32" Wast 361. ~
South 17° 43' 09^ Fast 57.86 feet; South xi` 1.0' S7" East 176.90
feet; South 28` 37' 20" East 231.23 feet; South 38° 51' 42" East
2g4.8A feet; South 30' 35' 26" East 3.22.=15 feet; South 59° 40' OS^
Bast 141.53 feet; South S2° 37~ 15" East 274.95 feet; South 16' 22'
53" nest 679.31 feet; South 63' 20' 08" Feat 384.72 feet; South 26°
3.1' 06" West 197.34 feet; South 06° 24' 39" East ZOa.00 feet; South
66' f70' 7.3" East 7.01.07 feet; South 19'~ 12' 14" East 133.73 feet;
South 11' 15' 20" East Zg6.50 feat; South 26° 00' 37" East 352.98
feet; South 35° 45' d0" East 140.1,0 feet; South 57° 44' 22" East
116.60 fBat to a point an the property line of North Fork section
3 as shown in Plat Book 113, Page 33; xunnir-q thence along and Stith
said North Farlc line South 39` 3s' 42" West 2892.69 feet to a
control coiner in the property line of Wade L. Cavan, Deed Book
317, Paga 434; thence along and Frith tl~e Gavin line North 54° 00'
517" West 865.45 Peet to a point in the southern right of Vny of
Riv+rboat Road; thence crossing said Rl.verpoat Raad and wath the
Little River Farms l.Lne North 64° 00' 52" West 919.53 feet to a
control corner iar- the property line of. David Les, Deed Hook 389,
Paga 34; thence along and wath the Lee ~~° Noxtb 87' 34' 46" West
896.7x ~ceet to a point in the property line of Robert .v. Seck, Plat
Book 47, Page 17; thence North OS 33' 4}" Fast 310,06 Peet; thence
North 89° 15' S8" West 866.79 feet; thence North 00' 45' 19" East
200.00 Poet to A pQi=-ti thanae North 69° 14' 20^ West 450.69 feet
tp m paint; thence South 13' S9' 3X" East 186.18 foot to.a point;
theilCg North 89 12' 02" Flest 1.18.29 feet to a point ~ the east
li.na of Guess Raad; thence along and with the east line of Guess
Road North 38' 47' 17" Want 311.57 feet to the point and place of
HF~GTNN3XG containing 390.91 ttcxes, more ~or less, according to that
unreco=ded auxvay by Hamlett-Jennings & hssaoiates dated October,
1996 entitled "Recombin~-tion Plat George. W. Newton" to which survey
i reference xs hereby made far amore parti.cula,ae description.
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7
EXHIBIT "C"
STATE OF NORTH CAROLINA OFFER TO PURCHASE AND CONTRACT
COUNTY OF ORANGE
THIS OFFER TO PURCHASE AND CONTRACT ("Agreement"), made and
entered into this, the day of , 2000, by and between the COUNTY
OF ORANGE, NORTH CAROLINA, whose address is P. O. Box 81$1, Hillsborough,
North Cazolina 27278, hereinafter called "Buyer"; and TRIANGLE COMMUNITY
FOUNDATION, a North Carolina non-profit, with its address at 100 Park Offices, Suite
209, P. O. Box 12834, Research Triangle Pazk, North Cazolina 27709, hereinafter called
"Seller".
WITNESSETH:
WHEREAS, Buyer desires to purchase and Seller desires to sell certain real property
located in Orange County, North Cazolina, which said real property is more particulazly
described as that portion of the 390.91 acre tract located entirely in Little River Township,
Orange County, North Carolina, described on Exhibit "A" attached hereto; .and
WHEREAS, the parties desire to set forth their agreement with respect to said
purchase;
NOW, THEREFORE, in consideration ofthe mutual covenants herein contained and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. AGREEMENT TO BUY AND SELL: Buyer agrees to purchase and Seller
agrees to sell and convey that plot, piece or parcel of land described as that portion of the
390.91 acre tract described on Exhibit "A" which is located entirely in Little River
Township, Orange County, North Cazolina (hereinafter referred to as the "Property") in
accordance with the terms and conditions set forth herein.
1. RIGHT TO REDUCE ACREAGE PURCHASED: Buyer reserves the right
to reduce the total acreage purchased by approximately 26 acres. The 26 acres which may
be removed firom the purchase will be essentially as shown on Exhibit "B" attached hereto
and will be more specifically described by survey performed at Buyer's cost and completed
on or before May 1, 2000. Buyer must notify Seller of its intent to reduce the acreage
purchased on or before 5:00 p.m. on May 3 1, 2000.
2. PURCHASE PRICE: The purchase price for the Property shall be Twenty-
Six Hundred and No/100s Do11azs ($2,600.00) per acre and shall be paid at closing. The
exact acreage shall be determined by the afore-referenced survey of the Property. The
Option Money shall be applied to the purchase price at closing.
3. TITLE: Title will be delivered to Buyer at closing by a Special Warranty
Deed, and shall be fee simple mazketable title, free of all encumbrances, except for ad
valorem taxes for the current yeaz; utility easements and unviolated restrictive covenants that
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do not materially affect the value, of the Property; and such other encumbrances as may be
assumed or specifically approved by Buyer. Yf Seller is unable to deliver fee simple
marketable title to the Property, free of encumbrances, except for ad valorem taxes for the
current year; utility easements and unviolated restrictive covenants that do not materially
affect the value of the Property and such other encumbrances as may. assumed or specifically
approved by Buyer, then the Option Money shall be refunded. Seller shall provide to Buyer,
not later than ten (10) days after the Acceptance Date, such title information, including
copies of any title policies, that Seller may have in its possession. Buyer acknowledges that
title to the property will be subject to an easement for ingress, regress and egress over and
across the Property from Guess Road to property of the Seller in Durham County and Buyer
has approved such easement.
' 4. REPRESENTATIONS WARRANTIES
Seller represents, warrants and covenants to Buyer as
(a) Authorit~o;~,Seller. Seller has the right, power and authority and has
obtained all requisite authorizations to enter into this Agreement and to sell the
Property in accordance with the terms and conditions hereof.
(b) Condemnation,, Litigation. Seller has not received any written notice of any
(i) pending or threatened condemnation proceeding affecting.the Property or
any portion thereof, nor is Seller aware of any matters which it reasonably
expects to develop armature into a condemnation proceeding, or (ii) litigation
affecting the Property or any portion thereof that would affect Seller's ability
to convey the Property to Buyer without exception therefor being taken by the
Title Company. Seller will promptly give Buyer written notice of any
pending or threatened condemnation or litigation affecting the Property or any
portion thereof of which Seller receives written notice after the date hereof.
Seller has not received any notice of any existing action, suit or proceeding
affecting the Seller or the Property ar any portion thereof or relating to, or
arising out of the ownership, use, occupancy or operation of the Property, in
any court ar before any federal, state, county or .municipal department,
commission, board, bureau or agency or other governmental instrumentality.
(c) Contravention of Other A reements. To the best of Seller's knowledge,
the consummation of the transaction contemplated hereby by Seller will not:
(i) conflict with, result in a breach of or constitute a default under any --
agreement or instrument to which Seller is a party or by which it--or the
Property are bound; (ii) violate any restriction to which Seller ar the Property
is subject; (iii) constitute a violation of any applicable code, resolution, law,
statute, regulation, order, ordinance, rule, judgment or decree; or (iv) result in
the creation of any lien, chazge or encumbrance upon any assets to be sold to
Buyer hereunder.
(d) Notice of Violations. Seller has not received any written notice of violation
of any building, zoning, fire or other code, regulation, law, statute, resolution,
rule, order, ordinance, judgment ar decree affecting the Property or any part
thereof requiring any action or compliance by Seller, except as have been, or
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will by the Closing Date be fully complied with.
(e) Nay Misrepresentation. Seller shall not knowingly make any
misrepresentations to Buyer in connection with the condition of the Property
nor shall Seller conceal any material fact relevant to the condition of the
Property.
(f) True as of Closin~.Date. The representations and warranties contained in
subparagraphs (a) through (e) above shall be true and correct as ofthe Closing
Date.
7. SETTLEMENT CHARGES: Seller shall pay for the preparation of a deed
anfl 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. Buyer and Seller shall each pay its own legal fees related to the prepazation of this
Agreement and all documents required to settle the transaction contemplated hereby.
• $. NOTICES: Any notice required or permitted to be given under this
Agreement shall be in writing and shall be effective i) as of the date personally delivered, ii)
one business day after the date delivered to a nationally recognized overnight courier service,
delivery prepaid, or iii) at the time ofbeing sent by facsimile if delivery thereof is confirmed
by sender's receipt of a transmission report, generated by sender's facsimile machine, which
confirms that the facsimile was successfully transmitted in its entirety and provided the
facsimile was forwarded prior to 5:00 p.m. Eastern Standazd Time, and to the following
addresses or facsimile numbers:
(a) If to Seller:
Mr. Fred Stang
Triangle Community Foundation
100 Pazk Offices, Suite 209
P. O. Box 12834
Reseazch Triangle Pazk, NC 27709
Fax: 919/990-906b
With a copy to:
Lisa Holland Powell, Esq.
King, Walker, Lambe & Powell, P.L.L.C.
3708 Mayfair Street, Suite 100
Durham, NC 27707
Fax: 919/493-2047
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xo
(b) If to Suyer:
Mr. David Stancil
Orange County Environment and Resource Conservation Department
P. O. Box 8181
Hillsborough, NC 27278
Fax: 919/
or such other address as either party may from time to time specify in writing to the other.
9. CONDITIONS:
(a) The closing of this transaction is specifically conditioned upon payment of the
purchase price at closing in U.S. currency and in immediately realizable funds (bank check,
certified funds, or confirmed wire transfer). '
(b) Property is sold "As Is".
(c) Buyer agrees to involve Seller in future publicity and public relations events to
the. level desired by the Seller.
(d) Seller agrees to allow Buyer access to the Property for inspecting, planning,
design and fund raising purposes.
10. ISCELLANEOUS PROVISIONS:
(a) This Agreement embodies and constitutes the entire understanding between the
parties with respect to the transaction contemplated herein and all prior agreements,
understandings, representations and statements, oral or written, aze merged into this
Agreement. Neither this Agreement nor any provision hereof may be waived, modified,
amended, dischazged or terminated except by an instrument signed by the pazty against
whom the enforcement of such waiver, modification, amendment or discharge or termination
is sought, and then only to the extent set forth in such instrument.
(b) This Agreement shall be governed by and construed in accordance with the
laws of the State of North Cazolina, without, however, giving effect to any principle of
conflicts of law.
(c) The captions in this Agreement are inserted for convenience of reference only
and in no way define, describe or limit the scope or intent of this Agreement or any of the
provisions hereof.
(d) Any provision herein contained which by its nature and effect is 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, their heirs, personal representatives, successors
or assigns, until fully observed, kept or performed.
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(e) This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their respective beneficiaries, heirs, personal representatives orsuccessors
and permitted assigns.
(f) As used in this Agreement, the masculine shall include the feminine and neuter,
and vice versa; the singular shall include the plural and the plural shall include the singulaz,
as the context may require.
(g) Neither the waiver by any of the parties hereto of a breach or a default under
any of the provisions of this Agreement, nor the failure of any of the parties on one or more
occasions, to enforce any of the provisions of this Agreement, or to exercise any right or
privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or
default of similaz nature, or as a waiver of any such provisions, rights, or privileges
hereunder.
(h) This Agreement may not be assigned by Buyer without the prior written
consent of Seller.
(i) 1f any provision herein contained which by its nature and effect is required to be
observed, kept or performed after the closing, it shall survive the closing and remain binding
upon and for the benefit of the parties hereto until fully observed, kept or performed.
11. CLOSING: All parties agree to execute any and all documents and papers
necessary in connection with the closing and transfer of title to the Property on or before
October 31, 2000 in Durham, North Cazolina ("Closing Date").
12. POSSESSION: Possession of the Property shall be delivered at closing.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, the
day and year first above written.
BUYER:
COUNTY OF ORANGE, NORTH CAROLINA
By:
ATTEST:
JOHN M. LINK, JR., Orange County Manager
_ _ _ _ __ BEVERLY A. BLYTHE, Clerk to the (SEAL)
Board of Commissioners
iz
TRIANGLE COMMUNITY FOUNDATION
By:
NORTH CAROLINA
ORANGE COUNTY
i, a Notary Public of the County and State aforesaid, certify that BEVERLY A.
BLYTHE 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 laid County the foregoing instrument was signed in its name by John M. Link, Jr., the
County Manager, and attested by her as Clerk to said Board of Commissioners.
Witness my hand and official stamp or seal, this the day of , 2000.
Notary Public
My commission expires:
(SEAL)
NORTH CAROLINA
COUNTY
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
personally came before me this day and acknowledgedthat he/she
is Secretary of TRIANGLE COMMUNITY FOUNDATION, a North Carolina
corporation, and that by authority duly given and as the act of the corporation ,the foregoing
instrument was signed in its name by its President, sealed with its corporate seal and
attested by him/her as its Secretary.
Witness my hand and official stamp or seal, this day of , 2000.
Notary Public
My commission expires:
(SEAL)
arnizra
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EiHIH7:S NaM
BEGSNHIHG at a point in the east side•ot Guess Road and running
thence North 60° x8' 43" East 209.89 foot to a point; thence North
06' 38' >.7" Eaa~t 166.58 feet to a point; thence North 60` 36' 55K
ERSt 1742.].8 fast to a point; thence North 54° 13' 0$" East 2218.40
feet to a point; thence North 08° 03' S~" East ].793.25 feet to a
point; thanca North 86° 5G' ZZ" West 53.•94 feet to a point; thence
North ol° 24' 42" East 2058.27 feet to n • point iri the centerll.ne of
Little River; thence along and with Little. River the fol],a~eting
courses and distances: South 52° 36' 07" East 244.97 feet; South
83° Z5' 08"East 140.92 Peet; North 5S` 33' 50" East 188.35 feet;
g uth Ss° zoo 2z" East 166.56 feet; North 87° 33' 48" East 322.76
feet South 36° 00~ 58" East 91.11 feet] South 06' 09' S2" East
T
146.98 feet; south 03' 44' 05" Seat 135.69 feet; south 11' 08' 33"
&-~t ZB5.60 feet; South 13' SO' 11" gast.135.37 feet; South 17' 30'
09" East 7,79.29 feetj South 14' 10' 28" East 181.15 feet; South 10`
3i' S3" East 247.54 feet; South 10` DO' 44" East 243.75 feet; South
i4° 58' 26" East 101.94 feet; South 12° ],0' 3Z" West 361.56 fast;
south 1.7` 43' 09" East 67.86 feet; south Z1° 7,0' S7" East 178.90
feet; South 28` 37' 20" East x31.23 felt; South 3$° 51' 42" East
204.80 feet; South 30' 35' 26" East iZZ.~iS feet; South 59` 40' 05"
East 141.53 feet• South 5Z° 37' 15" East x74.95 fast; South 16° 2a'
53" best 679.31 feet; South 63° 20' 08" West 384.72 feet; South 26°
11' 06" Rest 197.34 Feat; South 06° 24' 39" East 204.00 feet; South
b6° 00' 13" East 101.07 feet; south 19`'12' 14" East ].33.73 feet;
South 7.1° 15' 20" East 246.50 feat; South 28° 00' 37" Bast 352.98
feet; South 35° 45' d0" Ea6t 140.1.0 feet; Bauth 57° 44' 22" East
7,16.8a feet to a point in the property :line of North Fork Section
3 as shave in Plat Book 113, Page 33; running 'thence along and with
said North Font line South 39° 3S' 42" WaBt 2892.69 feet to a
control corner in the property ].ins of Wade L. Gavin, Deed Book
327, Paga 434; thence along and with tt~e Cavin line North 64° 00'
52" West 865.45 feet to a point in the southern right of way of
Riverboat Road; thence crossing said Riverboat Road and with the
Little River Farms line North 64° 00' 52" Nest 919.53 feet to a
Control corner in the property line af.Uavld Lee, Deed Book 389,
Page 34; thence a].onq and Frith the Lee line North 87° 34' 46" rest
89b.7z feet to a point in the proaperty 1ir~ of Robert v. Sack. Plat
Book 47, Page 17 „thence Korth OS 33 ~Q ce Noxth0006 45et19"hEast
North 89° I5 58 9Pest 886.79 feet;
200.00 fQet to a paint; thence North 89° 14' 20" west 450.69 feet
to a point; thence South 13° 59' 31" East 186.18 c~tt at.~oi ~~°e st
thence Korth 89 12 O2 ~]est x18.29 feet to a p
7.ina of Guess Road; thence along and with the east 1S.Re of Guess
Road Na=th 38` 47' 17" I4eat 311.57 feet to the point and place of
HEGI~+iING containing 390.9]. acres, nsore 'or less, according to that
unrecorded survey by Hamlett-Jennings & Assaoiates dated October,
1996 entitled "Recombination P].at George.Yi. Newton" to which survey
reference is hereby made for a more particular description.
13
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Mardi G, 2000
Lit#le River Regional Park
and Natural Area
255.3 Acres Dt~i'tam Courtty N
135.6 Acres Orange CourttV
390.9 A,aes Total
May 8, 2000
Mr. Rich Shaw
Orange County Environment and
Resource Conservation Department
F.O. Box 8181
Hillsborough, North Carolina 27278
Reference: Executive Summary to Date
Triangle Community Foundation Property
Orange and Durham Counties, North Carolina
EX Project No. 15-004-902
Dear Mr. Shaw:
Ei
Environmental Investigations, Inc. (En is performing a Fhase I Environmental Site Assessment
(ESA) on the Triangle Community Foundation Property located in northwestern. Durham and
northeastern Orange Counties, North Carolina.. This Phase I ESA is being conducted in.accordance
with the American Society for Testing and Materials (ASTM) Standard Practice E 1527-97.
Tasks completed to date include the site and vicinity reconnaissance, review of a regulatory agency
database report obtained from Enviranmental ,Data Resources, Inc. (EDR) and collection of
published information on the environmental setting in the vicinity of the subject property. Limited
information on the history of the, subject property was obtained through review of three ESAs
conducted on portions of the subject property. An ESA of approximately 232 acres of land in
Orange County was completed by PEI Associates, Inc. in 1990, an ESA of 69.16 acres of land in
Orange County was completed by Sitex Environmental, Inc. in 1993, and an ESA of 265 acres of
land in Durham County was completed by Soil and Environmental Consultants, Inc. in 1996.
.,...
Tasks remaining to be completed. involve collection of information on the ownership history of the
property from the Register of Deeds Offices in Orange and Durham Counties.
The major findings of this assessment to date is presented below.
o The subject property consists of approximately 390 acres of land straddling the
Orange/Durham County lines in northwestern Durham and northeastern Orange Counties.
Approximately '135 acres of the site is located in Orange County, and the remainder is
located in Durham County. The subject property consists of mostly wooded, undeveloped
land with approximately 15 acres of open land in the southwestern comer of the property.
The property is irregularly-shaped and is bounded to the north/nartheast by the North Fork
of the Little River. The remainder of the site is bounded by wooded land and open pasture
land/farm fields. A small portion of the subject property has frontage along Guess Road (NC
Highway 157). The subject property is crossed by numerous unpavedtrails/roads. As stated
1~
I7
above, the access points are gated to restrict vehiculaz access, and very little indications of
unauthorized access and dumping were observed.
o The subject property consists of gently to steeply sloping wooded, land, and several streams
cross portions of the property. A perennial stream flows from southwest to northeast across
the southern and central portions of the property to it's confluence with the north Fork of the
Little River on the east side of the subject property. The North Fork of the Little River forms
over 6,000 feet of the northeastern and eastern boundaries of the property, and the
topography slopes steeply down to the river floodplain along the eastern side of the property.
All streams observed on the property and the North Fork of the Little River appeazed cleaz,
and no unusual discolorations, sheens, or other indications of environmental concerns were
observed.
o Based on limited observations of hydrology and vegetation at the site, wetlands may be
present along the streams and the North Fork of the Little River. Activities in wetland azeas
aze regulated under Sections 401 and 404 the Clean Water Act, and if wetland areas are to
be impacted, pernuts through the U.S. Army Corps of Engineers and/or the North Cazolina
Department of Environment and Natural Resources, Division of Water Quality may be
required.
o The subject property is located in northwestern Durham County and northeastern Orange
. county, in a predominantly rural area. The subject property is bounded to the south by a
horse farm and Waal residences, to the southeast by a rural residential neighborhood and farm
fields, to the northeast/north by the North Fork of the Little River, and to the west by a
mixture of wooded and open pasture land. No commercial or industrial development was
observed within the vicinity of the subject property, and no properties within the site vicinity
were identified which may have affected environmental conditions at the subject property.
o According to limited historical information obtained from the previous ESAs, the subject
property has consisted mostly of undeveloped land since at least the 1950s, and site usage
has been limited to timber production.
a EI reviewed federal and state regulatory agency databases as provided by Environmental
Data Resources, Inc. (EDR). Review of the EDR report did not reveal any listings for the
subject property or for the site vicinity.
Based on the information obtained to date, no environmental concerns were identified at the subject
property, and no further assessment appears warranted at this time. It appears unlikely, based on the
historical information presented in the previous ESA reports, that issues of concern. will be identified
through review of the ownership history of the property. The final ESA report will be forwarded to
you by May 17, 2000.
2
18
EX appreciates the opportunity to provide these environmental services to Orange County. If you
have any questions regarding this report, please do not hesitate to call us at (919) 544-7SQQ.
W.
Assessments
~-
David C. Br r,
Senior Geologist
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NEWS RELEASE
05/08/00
FOR IMMEDIATE RELEASE
Orange County Environment and
Resource Conservation Dept.
ORANGE COUNTY AND DURHAM COUNTY TO SHARE
GRANT TO PURCHASE LITTLE RIVER PROPERTY
Contacts: David Stancil 245-2590, Rich Shaw 245-2591
P.O. Box 8181
306 Revere Road
Hillsborough, NC 27278
Phone: (919) 245-2597
Fax: (919) 644-3002
e-mail: rshaw@ca.orange.nc.us
{Durham County contact ~ Jane Korest 560-4137, ext.
263; CWMTF contact: David McNaught 252/830-3222)
Orange County and Durham County will share a grant
awarded this week by the North Carolina Clean Water
Management Trust Fund (CWMTF). The CWMTF
approved up to $377,000 for the joint acquisition and
preservation of 390 acres along the North Fork of the Little
River far the proposed Little River Regional Park and
Natural Area. Orange County's share of the grant is
$131,950.
Orange County (in partnership with Durham County, the
Triangle Land Conservancy, and the Eno River
Association) has been working to purchase land for a
proposed Little River Regional Park and Natural Area. The
390-acre property is owned by the Triangle Community
Foundation and straddles the county line, with 135 acres in
Orange County and 255 acres in Durham County. The
proposed park will preserve areas along the North Fork of.
the Little River, and feature low-impact recreation areas.
The property would be managed jointly by Orange and
Durham counties. A fundraising campaign to complete this
project will be conducted by the Triangle Land
Conservancy and Eno River Association later this fall.
County Commissioner Chair Moses Carey, Jr. states that
"This purchase is a great investment in the future of
Orange and Durham Counties and a great value for the
cost to taxpayers."
Earlier this month, Orange County and Durham County
commissioners approved the terms of an option to
purchase the property from the Triangle Community
Foundation. The proposed option agreement provides bath
counties with an opportunity (through May 31, 2000) to
21
Page 2 of 2
commit to purchase the property by July 31, 2001. The
purchase price for the entire property would be $1,014,000.
In all, the CWMTF tentatively approved more than $6.5
million for the acquisition and preservation of land to
improve water quality across the state. The 10 newly-
approved acquisition projects are located all across the
state, and will result in the preservation of approximately
7,000 acres, and buffer approximately 45 miles of rivers,
creeks, estuaries and lakes.
The CWMTF was established in 1996 to assist in financing
projects to protect or restore water quality in the rivers,
creeks, lakes and estuaries of North Carolina. To date,
CWMTF has approved 195 grants for a total of
approximately $176 million.
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