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HomeMy WebLinkAboutAgenda - 11-16-1999 - 8eORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 8 - ~ ACTION AGENDA ITEM ABSTRACT Meeting Date: November 16, 1999 SUBJECT: Relocation of the High Rock Solid Waste Convenience Center DEPARTMENT: Public Works PUBLIC HEARING: (Y/N) ATTACHMENT(S): Site Plans Informational Notice Memorandum to County Manager Letter from Carl & Elizabeth Walters PURPOSE: INFORMATION CONTACT: Wilbert McAdoo, Director of Public Works TELEPHONE NUMBERS: - -ext. 2627 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 To consider the proposed relocation of the High Rock Solid Waste Convenience 1000 feef northwest from its present location on High Rock Road and to terminate the Saddle Club Road lease effective December 1, 1999. BACKGROUND: At the Board of Commissioners' November 9 work session, Public Works Department staff presented for information a request, submitted by the property owner, Carl Walters, Jr., to relocate the existing High Rock Solid Waste Convenience. As a result of Mr. Walters' request, the Public Works Department is proposing to relocate the existing High Rock Solid Waste Convenience Center approximately 1000 feet northwest on High Rock Road to a site also owned by Mr. Walters. Orange County currently leases from Carl Walters the High Rock Solid Waste Convenience Center property as well as another parcel on Saddle Club Road. The High Rock Road lease originally commenced on December 21, 1987 and was convert to one of the staffed Solid waste convenience centers in October 1989. The most recent renewal lease expires on June 30, 2003. The monthly lease cost for this site is currently $200. ^ The Saddle Club Road lease originally commenced on January 1, 1995, and expires on December 31, 2005. The monthly lease amount is $ 200. (The Saddle Club Road site was originally leased with the intent to establish a solid waste convenience center with a stationary compactor rather than front-end containers). Both leases contain a 2 termination clause whereby the lessor or the lessee may terminate the lease upon submitting aninety- (90) day written notice to the other party. Mr. Walters has stated his wish to terminate the lease agreements for these two properties and enter into a new agreement for the proposed relocation site only. The proposed lease agreement would be for an eight-acre parcel, with only one acre being used for the actual convenience center due to the 12.5% impervious surface limitation. The existing solid waste and recycling containers as well as the fence gates would be relocated. In addition to landscape buffer materials and surfacing .materials, some additional solid waste containers and chain link fencing would be required. The proposed relocation would be beneficial to the County. In recent years significant growth has been experienced in this area. As a result, the solid waste containers at this site now have to be emptied prior to opening on Sundays. The proposed site would allow placement of some additional waste containers, thereby reducing or eliminating the need for weekend dumping, and would allow new and/or expanded reuse and recycling opportunities (i.e. add additional recycling containers to accommodate the volume of recyclabtes, addition of a salvage shed). A larger site would also provide improved traffic flow. Since receiving Mr. Walter's request, the Public Works Department has proceeded to determine if the proposed site would be suitable for use as a solid waste convenience center. Wilbert McAdoo, Director of Public Works, and Paul Thames, County Engineer have inspected the proposed site and determined that the site would be suitable. Aland survey has been performed and a site plan developed. At their request, Public Works Department staff has already discussed the proposed relocation with some residents of the- High Rock community, including residents of the Cotton Run area. General concerns identified include type of buffer, lighting, noise, unpleasing odors, rodent control, roadside litter, storm water run-off and traffic. Based on experience at the six existing Convenience Centers, staff feels these concerns can be mitigated to the satisfaction of all parties. Since the November 9 work session, Public Works Department staff has sought to inform the surrounding High Rock community of the proposed relocation by: • installing signs at the existing and proposed site; • hand delivering informational notices to residents living within 500' of the proposed site; • mailing informational notices to residents living beyond 500' but within 1500' of the proposed site; and • making available informational notices at the High Rock Solid Waste Convenience Center. The existing High Rock Road site is the only solid waste convenience center easily accessible to the residents of the northwest area of the County. If the High Rock Road convenience center is not relocated as requested by the property owner, residents of the High Rock Road community would have to travel to one of the five other sites to dispose of their household waste and recyclables until another site could be identified and developed. The closest solid waste convenience centers to the High Rock Road site .are located on Walnut Grove Church Road (10 miles), Bradshaw Quarry Road (15 miles) and Highway 57 3 (15 miles). Usage at these sites has also increased significantly in recent years. Additional waste from the High Rock Road area would likely necessitate additional collection service at these locations as well increase congestion. Should the Board wish to proceed with the proposed relocation: • an application for a minor subdivision plat. would be submitted to the County Planning Department; • cost estimates for site relocation would be developed; and • anew lease agreement for the proposed new site would be drafted by the County Attorney; such lease to contain a termination clause for the present High Rock Road lease to coincide with execution of a new agreement; the term of the new lease shall be five years and the monthly lease amount $ 200. FINANCIAL IMPACT: Funds are allocated in the present operating budget to accommodate the two current lease agreements, existing High Rock site and the Saddle Club Road site.. By terminating these two current leases and entering into one new agreement for the proposed relocation site on High Rock Road will result in a net monthly savings of $ 200 per month or $ 2,400 annually. RECOMMENDATION(S): The Manager recommends that the Board approve the proposed relocation of the existing High Rock Solid .Waste Convenience Center and authorize the Chair to execute the new lease agreement upon preparation by the County Attorney and to accept the .request of the property owner, Carl Walters, to terminate the Saddle Club Road lease effective December 1, 1999. \ ~ \ `~\ .~ \ '~ , ~~ ` '•~ _~, °~~ ~~ _,_ ~ ~ , ,., ~ ~ ~, ~,~ . ~, ~ ~.~ ® ~~ / ~ © ~` \ '~ m Es ~~ ~ / ~ / ~\ ` ,,\ \ ~~ ~ ~ ~. r ~~~ \ ~, D ~'~ ~. ;, ~ ~... ~ ao ~ / ~ ..................y; .J / ~ ~ ,\ /I ~ _~a ~~ ~'~ `~ \ ~\ ^ 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y / ^^^^- ~ ti 3 ~o ~fl co -~ ~ ~o 0 ~r^ .+ 0 fA D S ~ ~~ t7 Z -c m o o ~ Yard ° n Waste ~~ Bulk Items White Goods Scrnp Metnl Tires ' ' Roll-Off Spare Roll-Off ~. ~~ ` 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y 6Y~t__J~/~ 8Y 8Y ~ ` ^^^a^aooo^^. ~ Fence Line & Ed e of Gravel Surf ace g 6 In October 1993, Orange County began operating six Solid Waste Convenience Centers throughout the County, including the site at High Rock Road. The High Rock Road site was developed on property owned by Carl Walters, Jr. The County also holds a lease on property on Saddle Club Road that was previously proposed for use as a solid waste convenience center. TODAY PROPQSED RELQCATION QF THE I~IGI~ RUCK SOI..,ID V'VA~TE CQNVENIENCE CENTER. At the request of the property owner, Orange County is proposing to relocate the existing Solid Waste Convenience Center approximately 1000 feet northwest on High Rock Road to a new site. The County is proposing to lease an eight-acre parcel with one-acre used for the actual convenience center. The leases on the existing site and the Saddle Club Road site would be terminated following relocation to the new site. The .proposed relocation would allow Orange County to provide.. improved, more efficient service to Convenience Center users, including greater reuse and recycling salvage shed and yard waste collection would also provide improved traffic flow. opportunities. such as a area. The new center If you have questions, or would like additional information about the proposed relocation, please contact Orange County Public Works at 245-2625. Orange County ~ Public Works Department TO: John Link, County Manager FROM: Wilbert McAdoo, Director of Public Works DATE: October 27, 1999 RE: Proposed Relocation of High Rock Road Solid Waste Convenience Center. INTRODUCTION At the request of property owner, Carl Walters, Jr., the Public Works Department is proposing to relocate the existing High Rock Solid Waste Convenience Center approximately 1000 feet northwest on High Rock Road to a site also owned by Mr. Walters. Orange County currently leases from Carl Walters the High Rock Solid Waste Convenience Center property as well as another parcel on Saddle Club Road. ^ The High Rock Road lease originally commenced on December 21, 1987 and was convert to one of the staffed Solid waste convenience centers in October 1989. The most recent renewal lease expires on June 30, 2003. The monthly lease cost for this site is currently $200. ^ The Saddle Club Road lease originally commenced on January 1, 1995, and expires on December 31, 2005. The monthly lease amount is $ 200. (The Saddle Club Road site was originally leased with the intent to establish a solid waste convenience center with a stationary compactor rather than front-end containers). Both leases contain a termination clause whereby the lessor or the lessee may terminate the lease upon submitting aninety- (90) day written notice to the other party. Mr. Walters has stated his wish to terminate the lease agreements for these two properties and enter into a new agreement for the proposed relocation site only. The proposed lease agreement would be for an eight-acre parcel, with only one acre being used for the actual convenience center due to the 12.5% impervious surface limitation.. The existing solid waste and recycling containers as well as the fence gates would be relocated. In addition to landscape buffer materials and surfacing materials, some additional solid waste containers and chain link fencing would be required. 8 Since receiving Mr. Walter's request, the Public Works Department has proceeded to determine if the proposed site would be suitable for use as a solid waste convenience center. Wilbert McAdoo, Director of Public Works, and Paul Thames, County Engineer have inspected the proposed site and determined that the site would be suitable. Aland survey has been performed and a site plan developed. At their request, Public Works Department staff already discussed the proposed relocation with some residents of the High Rock community, including residents of the Cotton Run area. General concerns identified include type of buffer, lighting, noise, unpleasing odors, rodent control, roadside litter, storm water run-off and traffic. Based on experience at the six existing Convenience Centers, staff feels these concerns can be mitigated to the satisfaction of all parties. RECOMMENDATION The proposed relocation would be beneficial to the County. In recent years significant growth has been experienced in this area. As a result, the solid waste containers at this site now have to be emptied prior to opening on Sundays. The proposed site would allow placement of some additional waste containers, thereby reducing or eliminating the need for weekend dumping, and would allow new and/or expanded reuse and .recycling opportunities (i.e. add additional recycling containers to accommodate the volume of recyclables, addition of a salvage shed). A larger site would also provide improved traffic flow. The existing High Rock Road site is the only solid waste convenience center easily accessible to the residents of the northwest area of the County. If the High Rock Road convenience center is not relocated as requested by the property owner, residents of the High Rock Road community .would have to travel to one of the five other sites to dispose of their household waste and recyclables until another site could be identified and developed. The closest solid waste convenience centers to the High Rock Road site are located on Walnut Grove Church Road, Bradshaw Quarry Road and Highway 57. Usage at these sites has also increased significantly in recent years. Additional waste from the High Rock Road area would likely necessitate additional collection service at these locations: as well increase congestion. Should the Board wish to proceed with the proposed relocation: • an application for a minor subdivision plat would be submitted to the County Planning Department; • signs would installed at the existing and proposed site to inform the surrounding community of the proposed relocation; ° 9 • informational notices would be hand delivered to residents living within 500' of the proposed site; • informational notices would be mailed to residents living beyond 500' but within 1500' of the proposed site; • informational notices would be made available at the High Rock Solid Waste Convenience Center; • cost estimates for site relocation would be developed; and • anew lease .agreement for the proposed new site would be drafted; such lease to contain a termination clause for the present High Rock and Saddle Club Road lease agreements to coincide with execution of a new agreement; the term of the new lease shall be five years and the monthly lease amount $ 200. The Public Works Department request that we present this proposed relocation request to the Board at their November 9 work session to consider for approval at their November 16 regular meeting. 10 CARLS-BETH FAKM 7119 High Rock Road EFland, North Carolina 27243 October 1, ]999 County of Orange Mr. Wilbert. McAdoo Public Works Director P 0 Box .8181 Hillsborough, North ..Carolina 2727$ Dear Mr. McAdoo:. Oran.ge•County leased 8 acres o.n Saddle Club Road for a Solid Waste Center on March 1, 19.95. There has been no improve- m.ents or any indication that.-the County plans_,to use the site. Therefore, we are giving the County~n.otice that we are requesting to terminate .the lease on the 8 acres on.Sa.;ddle Club Rosd. We are offer-ing the County another '8 acre site on High Rock Road to.repTace the present So1id,Waste Genter..that is too small and.t.he entrance is unsafe because the gates interferes with site distance coming out of the center. Sincerely ,1 l~'~ w Carl Walters 1 G/a El:iz.abeth T. Walters . ..~ _ .: 5,,, 1 NORTH CAROLINA ORANGE COUNTY took paq~ //- /G - 9 9 ~~~ 2124 0174 ae~~n/ To' : Orange ~, p~li~,ks Terry Campbell, SW Manager P. 0. Box 8181 Hillsborough, NC 27278 NOTICE OF COMMENCEMENT OF LEASE Pursuant to that certain lease agreement recorded at Book 2065, Paged 0528 of the Orange County Registry this - 0539 \'9~~6"vg"/7/8i~ Notice of Commencement of Lease is filed pursuant to paragraph 4 of the recorded lease and provides notice that the effective date of the lease is the 27 day of July 2000. This is further notice that a copy of this Notice of Commencement of Lease was mailed, by certified mail, return receipt requested, to Carl and Elizabeth Walters, 7119 High Rock Road, Efland, North Carolina 27243 as provided for in paragraphs 4 and 9 of the lease. IN WITNESS WHEREOF, Orange County has executed this Notice of Commencement of Lease as of the day and year first above written. OUNTY OF ORANGE ATTE Board of Commissione (Official Beverly ~. Blythe Clerk to the Board of Commissioners .- .. ~ `ook Page ~~'~' 2124 0175 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 ~~~~~~ and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chairman of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. %', THEwi~ness my hanNdGEnd official / 7 day of 2000. My commission expires: /D -/3-0200 ~ mydocuments/highrockrdnot.doc FILEL7 ~~ AUG 20Qt}, at t~3: G7 : 18pm Book. 2124, Page 174 -- 175 ,7oyce H, Pearson Regi=ster of lleeds, Orange County, N. C. stamp or seal, this the ~~ Notary Public OFFICIAL SEAL Hoary Pubeo • IdoM Carola~ ORANQE COUNTY EVELYN M. CECIL (j\ My Commission Expires /~'1 ~~ State of North Carolina-Orange County The oregoi g certificateljlJ of ~v~~u~~ ~ ~ Cec.~t A Notary (Pdetaries) Public for the Designated Govern- mental units is (erc) certified to be correct. See filing certificates her~ein~. ~ This the _.2 ~`~_dayof A.D.~¢~LCL_ Joyce H. Pearson Register of Deeds By: ~^~-' ~`~ ~ ~/~~'~ / Deputy ,. prepared by and return to: Geoffrey E. Gledhill, P.O. Drawer 1529, Hillsborough, NC 27278 NORTH CAROLINA ORANGE COUNTY LEASE AGREEMENT This lease agreement entered into this 1~~in day of f ~ ~ / by and between Victor Carl Walters, Jr. and wife, Elizabeth T. Walters, of Cheeks Township, Orange County, North Carolina, hereinafter referred to as Owner and County of Orange, North Carolina, Hillsborough, North Carolina, hereinafter referred to as the County, WHEREAS, County leases from Owner the property described and pursuant to the terms of the lease agreements recorded at Book 702, Page 584 (High Rock Road property) and Book 1357, Page 171 (Saddle Club Road property) of the Orange County Registry; and WHEREAS, County has received a request of Owner to terminate these two leases; and WHEREAS, by action of its Board of Commissioners on November 16, 1999, the County agreed to the termination of the lease of the Saddle Club Road property effective December 1, 1999; and WHEREAS, by action of its Board of Commissioners on November 16, 1999, the County agreed to the termination of the High Rock Road property lease upon the effective date of a lease 1 Book 2065 Page 0528 of the property described herein, subject to the. terms of this lease agreement; W I T N E S S E T H The Owner hereby agrees to lease the property described below to the County and the County agrees to the termination of the leases described below all upon the following terms and conditions: 1. The lease of the Saddle Club Road property described in the lease agreement recorded at Book 1357, Page 171 of the Orange County Registry is terminated effective December 1, 1999. 2. The lease of the High Rock Road property described in the lease agreement recorded at Book 702, Page 584 of the Orange County Registry is terminated at 11:59:59 on the date prior to the effective date of the lease of the paragraph 3 property. 3. The Prot~erty. The property herein leased is a tract and parcel of land, together with all improvements located thereon, located in Cedar Grove Township and Cheeks Township, Orange County, North Carolina and more particularly described as follows: BEGINNING at a point on the east right of way line of High Rock Road (SR 1340) which point is designated on the plat hereinafter identified as "iron to be set" and which point is further approximately 2,660 feet from the intersection of High Rock Road and Mill Creek Road, running thence the following courses and distances: N 37° 55' 2" E 278.95' to a point labeled on the plat hereinafter referred to as "iron to be set;" thence N 77° 2 Book 2065 Page 0529 57' 35" E 468.82' to a point, labeled on the plat hereinafter referred to as "iron to be set;" thence 5.64° 09' O1" E 304.14' to a point,. labeled on the plat hereinafter referred to as "iron to be set;" thence S 16° 23' 15" W 419.43' to an existing iron in the northwest corner of Leroy Scott and the northeast corner of Howard Kernodle, thence with the line of Howard Kernodle and Barry Kernodle N 87° 13' 00" W 307.26' to an existing iron, the northwest corner of Barry Kernodle and the northeast corner of Jarvis Fann; thence with the north line of Jarvis Fann N 83° 4' 15" W 319.18' to a point labeled on the plat hereinafter referred to as "iron to be set," which point is on the eastern right of way of High Rock Road; thence with the eastern right of way of High Rock Road N 44° 37' 08" W 230' to the point and place of beginning and containing 8 acres per the plat entitled "Property of Orange County" dated October 2, 1999 prepared by Dale D. Faulkner, P.L.S., a copy of which plat is attached as Exhibit A hereto, and which 8 acres is the southern 8 acres of the property described and depicted on the plat entitled "Property of Orange County" dated December 9, 1999 prepared by Dale D. Faulkner, P.L.S., which plat is recorded at Plat Book 84; Page 152 of the Orange County Registry. 4. Term. The term of this lease will be for a period of five (5) years, commencing on the earlier of the following: (1) the date the County places into service on the leased property its Solid Waste Collection Center or, (2) in the event construction has not commenced within six (6) months after the execution of this Lease Agreement, six (6} months after the execution of this Lease Agreement. The commencement date of this lease shall be established upon the mailing by the County of a notice in a form substantially equivalent to Exhibit B hereto, of the effective date of this lease. This notice shall be recorded by the County upon its mailing. 3 Book 2065 Page 0530 The County shall have the right and privilege of extending the lease for ten (10) additional consecutive five-year terms provided that notice of the exercise of each such option is given in writing to the Owner not later than ninety (90) days prior to the date of termination of the then effective lease term. Except as herein otherwise provided, all terms and covenants contained in this lease shall be in full force and effect during any extension period. This lease may be terminated by either the Owner or the County during the lease term or any renewal term effective on the 91st day following receipt of Notice from the party terminating the lease given to the other party. 5. Guaranteed Minimum Rental. The County agrees to pay to Owner, the guaranteed rental of $200 per month payable on or before. the 10tH day of each calendar month commencing with the effective. date of this lease agreement ("Initial Rental Rate"). Effective on the first day of each Lease Year after the first Lease Year ("Adjustment Date"), the Guaranteed Minimum Rental shall be increased by the amount determined by multiplying the Initial Rental Rate by that percentage which represents any cost of living increase between the effective date of this lease and the Adjustment Date. The percentage increase shall be determined by utilizing the applicable indices determined by the United States Bureau of Labor Statistics (or its successor 4 Book 2065 Page 0531 organization) through its Consumer Price Index entitled "United States City Average-All Items- All Urban Consumers Index." Such adjustments shall be made effective as of the Adjustment Date, and shall be made as soon as possible after the index for the applicable month is published, with any deficiency due and payable with the next monthly installment of rent. Anything contained herein to the contrary notwithstanding, in the event that the adjustment would reduce the monthly rental from the monthly rental in effect for the preceding Lease Year, no such adjustment shall be made and the Guaranteed Minimum Rental then in effect shall continue through the next Adjustment Date. 6. Improvements and Maintenance. The County shall have the right to enter the property upon the execution and the recording of this lease agreement and prior to the effective date of this lease and thereafter during the lease term to make any and all improvements, temporary or permanent, to the premises as deemed necessary and desirable by the County for its use of the premises. It is. anticipated that the County will use the premises as the site of a Solid Waste Convenience Center. The County will provide a buffer strip, within the leased premises, around the Convenience Center of at least forty (40) feet in width through the use of fencing and natural vegetation. This buffer shall be fashioned in a manner to permit entrance to S Book 2065 Page 0532 the Solid waste Convenience Center constructed on the property from High Rock Road to the Convenience Center. All improvements to and maintenance of .the leased premises shall be solely at the County's expense. Any improvements constructed or provided at the leased premises shall be, upon termination or expiration of the lease, the property of Owner, unless the same can be removed by the County without damage to the leased premises. Provided, however, at Owner's request at the termination or expiration of the lease, the County, at its sole expense, shall remove all such improvements and shall remove any trash, waste or soils contaminated by the County's use of the premises. From and after the time the County takes possession of the leased premises it shall be the responsibility of the County to maintain the leased premises in a neat, clean and orderly condition at all times. Roadways, parking areas, and other public access ways shall be maintained by the County. Fences and natural vegetation buffers installed on the leased premises by the County shall also be maintained by the County. Any additional ad valorem taxes resulting from any permanent improvements to the leased premises shall be the responsibility of the County. 7. Taxes. Owner agrees to pay all taxes and assessments during the term of the lease, including but not limited to municipal, county and state taxes assessed against the leased 6 Book 2065 Page 0533 premises which are incident to the ownership of the leased premises. 8. Insurance and Indemnity. The County shall, at the County's expense, obtain and keep in full force during the term of this lease a Comprehensive Public Liability policy with limits of no less than $300,000/$300,000 .for personal injury or death and $100,000 for property damage applicable to the County's use of the leased premises. Owner shall be listed as an additional insured if permitted by the North Carolina Association of County Commissioners Insurance Pool. Upon request, the County will provide a certificate of insurance. To the extent permitted by law and to the extent provided for in insurance contracts owned by the County, the County shall indemnify and hold harmless Owner from and against any and all claims arising from the County's use of the leased premises, or from the conduct of the County's business or from any activity, work or things done, permitted or suffered by the County in or about the leased premises or elsewhere. 9. Notices. All notices to be given under this lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth below or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five (5) days subsequent to mailing. ~ Book 2065 Page 0534 OWNER: COUNTY: Carl and Elizabeth Walters County of Orange 7119 High Rock Road Public Works Director Efland, NC 27243 P.O. Box 8181 Hillsborough, NC 27278 10. Parties. This lease shall be binding and shall inure to the benefit of the parties and their heirs, successors and assigns. 11. Entire Agreement Waiver. This lease contains the entire agreement of the parties and there are not representations, inducements, or other provisions other than those expressed herein. All changes, additions, or deletions hereto must be in writing and signed by the parties. Any provision of this lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this lease. The waiver by the County or Owner of any breach by the other of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach thereof. IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. OWNER Victor Carl Walters, l ~4i~-~- Eli abeth T. Walters 8 Book 2065 Page 0535 ORAN,(uE COUNTY BY: Moses Carey, Jr., Cha~ Board of Commissione~fs ATTES (Off ici~ Beverly . Blythe Clerk to the Board of Commissioners NORTH CAROLINA ORANGE COUNTY ., ~ ~ F ;;' `\ ~. 1 ,` i I, a Notary Public of said State and County do hereby certify that Victor Carl Walters, Jr. and wife, Elizabeth T. Walters personally appeared. before me this day and acknowledged. the due execution of the foregoing lease. Witness my hand and official seal, this the 5 day of April ~ 2000 Notary Public e,~;ems"°~~+s,, Terry Thomas Campbell o.+°'Q~~-~'L j~ °O'~, oe ~ '~ ~- My commission expires: ~ ~- ~ ' sV ~ J m~i• ~~ F r1] O ~ ~ ~ d P O 2 2 ~:~ s NORTH CAROLINA ~~y~ '~`~'~' ~` ORANGE COUNTY ~~~r~Q~3~ _~~ ~4`~ 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 said County, the foregoing instrument was signed in its name by the Chairman of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. 9 Book 2065 Page 0536 Book Paqe 2065 0537 j;: :~'~ y~~~` ~: Witness my hand and official stamp or seal, this day of _, ~c~ + t Notary Public My commission expires: ia.-1~-03 mydocuments/highrockrdlease.doc State of North Carolina-Orange County The foregoing cenificate(s) of ••.•••~ 5. GAr~~~'••.•• v f ~~GTAR}. ~; ~ ..~ p 9 ,G ~~: `7~?dzst~-y~Notaries) Public for the Designated Govern- mental units (are) certified to be correct. See filing certificates herein. This chef 7 ~J. dayof~A.D. ~o~o Joyce H. Pearson Register of Deeds ~ Assistan / the ~~ (=ICED t% FaPR ~C~tJ~~, at il:ii+:5cS~~m Boom. ;?t765 e Page S2L' -- r;.'_39 •~oYce H. 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A SUBOMSA'Nf Df ~,'fy ~at`31AN0 W THE AREA Oi A COUNtt l/YT HAS ` ~?'AN OWOINANOE THAT REOEUTFS PAROEIS •I'T•:; ;~' Oi lAr10. . "~• ;1~1; ~Iw«llw l''~~ORANOE CWNtt QdQI A C/DM 4V.< M. GYQ cC d~~1,'~ Il<n7r uda.11 ~~~"~~;,'eCI0R111. 11<e K441'•lp} w'.ro+~~~a e. rwna a. 1 ' ;~ ~~~~, QILKM r4rtA1 ~i 7 fl u eon Ioc< law .','JY,;~~,!/L.uq~x011M CMQM I/I11•efotl , ~,~<:.irl, : , ' $ICO''4 ` . 0 100 ' zca )oD ~50RAPMIC SOKE - FEET ~.~~/~'~~IDAL[ D. iAUCNHCW~P.l. 3. 1-2176 "3107 JONES FERRY ROAO - '~~'t:,i(•'TCHA/EL'Hlt,l ~"NOR TN EAROI, IHA I7DIB ~~ '.'1 i~• rKwf: 111-a<I-OIK } IL 'yv .:~~1«:~al7 :r~:1:. i~fl1.~/.~`~: ~,, 1,~ 4~~~~:Ii',r.1 a'i: ll: ~' a4 M ~~ ^Q W O N Y O O m _~ Book Paqe Exhibit B 2065 0539 r~~ NORTH CAROLINA ' OR_~iNGE COUNTY NCTICE GF COMMENCEMENT OF L•E?ASE Pursuant to tha_ certain ease agreement recorded at Book Page of the Orange County Registry this Notice of Commencement of Lease is filed pursuant to paragraph 4 of the recorded lease and provides notice that da of the effective date of the lease is the Y _, 2000. This.is further notice that a copy of this 0 o certified Notice of Commencement of L~as~ was mailed, by mail, return receipt requested, to Carl and Elizabeth Walters, 7119 High Rock Road, Efland, North Carolina 27243 as provided for in paragraphs 4 aid 9 of the lease. IN WITNESS WHEREOF, Orange County has executed this Notice of Commencement of Lease as of the day and year first above written. ORANGE COUNTY BY: Moses Carey, Jr., Chair ' Board of Commissioners ATTEST: (Official Seal) Beverly A. Blythe Clerk to the Board of Commissioners