HomeMy WebLinkAboutAgenda - 11-16-1999 - 9cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting November 16, 1999
Date:
Action Agenda
Item
No. ~ -,~,
SUBJECT: OWASA Request for Sewer Easement on County Property
DEPARTMENT: County Manager/Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Sample Deed of Easement
Property Plat
County Engineer's 11/10/99 memo
*(under separate cover)
*Ortho-photo vicinity map
Enlarged Property Plat
INFORMATION CONTACT:
Paul Thames, ext 2303
TELEPHONE NUMBERS:
Hillsborough 732-.8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To consider a request from OWASA that the County provide an easement
across a tract of County-owned property in Chapel Hill for the purpose of installing a
sewer line.
BACKGROUND: Orange County currently owns, by virtue of a property tax lien, a tract
of land (parcel 7.42.A.17 on the attached aerial photo-map) in a residential
neighborhood on Markham Drive in Chapel Hill. Earlier this year, a citizen who wanted
to purchase-this tract requested that the BOCC declare the property to be surplus and
direct staff to dispose of the property by causing it to be sold at auction. The BOCC
declined to declare the property surplus. However, as the Town of Chapel Hill owned
one tract. of land behind (parcel 7.27.A.12, adjacent on the northeast) and one tract
beside (parcel 7.42.A.16, adjacent on the southeast and abutting Markham Drive) the
County's tract, Commissioners. did. agree to initiate discussion with the Town of Chapel
Hill about transferring ownership to the Town. The Town has since traded its tract
(7.42A.16) adjacent on the southeast to a private developer for another nearby tract
(7.42.D.1) that it needed for its greenway system.
Currently, a 30 foot wide sewer easement containing OWASA's existing Booker Creek
sanitary sewer interceptor line passes diagonally across .the southwest corner and side
of the County's property. OWASA, as a part of its program to eliminate sanitary sewer
overflows during storm events by .replacing of its problematic older sewer interceptors,
proposes to construct a new sanitary sewer interceptor parallel to the existing line. The
new sewer line, according to OWASA's plans would be laid along the eastern line of the
existing easement. However, as OWASA requires a 30 foot wide easement for its sewer
lines (15 feet on either side of the line), an additional 15 feet of additional easement are J
required. Furthermore, OWASA is seeking an additional 15 feet of temporary
construction easement.
During periods of heavy rainfall, the existing Booker Creek sanitary sewer interceptor has
historically had a problem with large amounts of stormwater infiltrating into the line.
This infiltrated stormwater, when combined with sanitary sewerage flow, has exceeded
the hydraulic carrying capacity of the existing line.. Consequently, during these periods
of significant rainfall, stormwater and sewerage from the Booker Creek interceptor has
spilled out of manholes in the low areas along Booker Creek. The replacement of the
Booker Creek interceptor is intended to eliminate the inflow of stormwater into the
system, reducing total flow and eliminating hydraulic overload. and sewerage spills.
The logical route for the new Booker Creek interceptor is both parallel and close to the
existing line. Accordingly,. OWASA has very little in the way of alternatives to following
the route of the existing line across County property. Given that the County property is:
1) in a very low area which is not a particularly practicable location for buildings or other
structures; .and 2) already impacted significantly by the existing sewer easement, it
does not appear that the requested easement will significantly affect either the potential
use or value of the property.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Manager, in recognition that the proposed easement does
serve an important public purpose. by helping correct an existing and undesirable
situation involving sanitary sewer spills along Booker Creek, recommends that the BOCC
direct .staff to prepare the documents necessary to assign the requested easement to
OWASA under the signature of the Chair.
3
NORTH CAROLINA
ORANGE COUNTY
DEED OF EASEMENT
THIS DEED, made and entered into this day of , 1999, by
and between ORANGE .COUNTY, hereinafter referred to as Grantor, and the ORANGE
WATER AND SEWER AUTHORITY, a public body and body politic and corporate created and
existing under. Article 1, Chapter 162A of the General Statutes, with its principal office at 400
Jones Ferry Road, Carrboro, North Carolina, hereinafter referred to as Grantee.
WITNESETH:
THAT WHEREAS, the Orange Water and Sewer Authority operates and maintains a
public sewage collection system serving southern Orange County within and around the Towns
of Chapel Hill and Carrboro, ands for that purpose has constructed and proposes to construct lines
of pipe and mains necessary for the proper transmission of sewage;
NOW THEREFORE, for and in consideration of the sum of One Dollar and other good.
and valuable consideration, the receipt of all of which is hereby acknowledged by the Grantor,
the said Grantor does hereby give, grant, quitclaim, and convey unto the Orange Water and
Sewer Authority, its successors and assigns, the right, privilege and perpetual easement to go in
and upon those strips of land described herein and owned by the Grantor, being part of that real
property conveyed to them by deed recorded in Book 502, Page 393 Orange County Registry,
lying and being in the Town of Chapel Hill, Orange County, North Carolina, and being more
particularly described as follows:
BEING ALL OF THAT AREA OF LAND SHOWN AS THE "ADDITIONAL
UTILITY EASEMENT" AND "TEMPORARY CONSTRUCTION
EASEMENT" AREA LOCATED ON Grantor LOT AS SHOWN ON THAT
SURVEY PREPARED BY RUNA A. COOPER, P.L.S. DATED FEBRUARY
24, 1999, ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED
HEREIN, TO WHICH SURVEY REFERENCE IS HEREBY MADE FOR A
MORE PARTICULAR DESCRIPTION OF SAID EASEMENT.
And, the Orange Water and Sewer Authority, Grantee, shall have the right to construct
and maintain in, under, upon, along and through said strips of land one or more lines of pipe and
manholes for the purpose of transmitting sewage as aforesaid, together with the right to construct
and maintain in, under, upon, along and through said easements such mains and manholes as
shall be necessary in connection with the proper construction and operation of said sewage lines;
Grantee shall also have the right of ingress and regress through, over and across the land of the
Grantor to and from said strips of land at such times as Grantee deems it necessary for the
purpose of constructing, maintaining,
inspecting and re-constructing said lines and of making all necessary. alterations and repairs
thereto. The lines of pipe shall be located at such point or points, elevation or elevations below
4
or above the surface of the earth as shall be necessary for proper operation of the system, and
shall be established at the proper grade. for running said .lines and for conveying sewage as
aforesaid, and said mains and manholes, if any, shall be at such point below or above the surface
of the earth as may be necessary for the proper operation of said pipe line or lines; and Grantee
shall have .the right, privilege and easement to tap the line or lines and construct sewer laterals
from the main to the outside boundary of the rights-of--way over which this easement and
privilege extends; and Grantee shall have the further privilege, easement and right to clear and
keep cleared the full width of the easements of and fi-om brush, plants, trees and all other
materials, obstructions, structures and encroachments of any kind. The owner of the fee shall
retain the right to cultivate the ground lying within the boundaries of the easements, provided
that such cultivation shall not interfere with the right of the Grantee herein named of ingress and
egress to and from said easement for the purpose of construction, maintenance and repair of said
sewer main or mains or the construction and repair of sewer laterals and connections, and such
cultivation shall not interfere with Grantee's maintenance, operation and installation of the lines.
In all cases where there aze roads or streets across the Grantor's property sufficient for the
purpose of convenient ingress, egress and regress in, to and from said strips of land, such roads
or streets shall be used by the said Orange Water and Sewer Authority when it is necessary to
come in and upon said strips of land for the purposes aforesaid.
It is understood and agreed that failure of the Grantee to construct improvements within
the said strips of land and/or to cleaz or keep cleazed said strips of land shall not impair any of
the :rights, privileges and easements conveyed to the Grantee hereunder. No building or structure
of any kind, except as constructed by the Grantee, shall be located or erected upon the above
described easements_
TO HAVE AND TO HOLD all singulaz the rights, privileges and easements as aforesaid,
in, under, upon, along and through said premises to the Orange Water and Sewer Authority, and
its successors .and assigns.
And the Grantor covenants with the Grantee that they are seized of the premises. in fee
simple, have the right to convey the rights, privileges and easements .which are granted herein,
that title is free and. cleaz of all liens and encumbrances which may affect the said rights,
privileges and easements conveyed herein, and that they will warrant and defend the title to said
easements against the claims of all persons or parties whomsoever.
IN WITNESS WHEREOF, Orange County has caused this instrument to be executed the day
and. year first above written.
ORANGE COUNTY
By.
(SEAL)
County Manager
ATTEST:
County Clerk
(CORPORATE SEAL)
STATE OF NORTH CAROLINA
COUNTY OF _
I, a Notary Public in and for the county and state aforesaid, do certify that
personally appeared before me this day and acknowledged that _he is the
County Clerk of Orange County and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its County Manager, sealed with
its corporate seal and attested by him/her as its County Clerk:
Witness my hand and notarial "seal this day of , 1999.
My commission expires:-
Notary Public
(SEAL)
ORANGE COUNTY
(SEAL)
5
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NOTES
Ai1,pK t)- ALL DISTANCES SHOWN ARE HORIZONTAL GROUND MEASURED IN FEET
~
M OR UNLESS OTHERWISE NOTED.
SITE ?)- THIS SURVEY WAS PERFORMED WITHOUT THE BENEfli OF A COMPLETE
DRE SEARCH. THE DEED RECORDS SHOWN HEREON WERE TAKEN
~
AS
~
J)-
F
EMENTS ARE C
ENTERFO OVER THESTRUCTURES UNLESS OTHERWISE
VICINITY MAP N.LS, NOTED.
c. 1. This survey ie o/ on existing porcel w porcels o/ bnd ontl
does not eroofs o new street or chonpe on existing street:
2. This survey h o/ on exisfirq buibing w fh r sfruefun, w
nofurol leofwe, suM os p.wrM~ eou
J. >nis survey is o eonlr~T nnry.
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AREA SUMMARY N/F
~
EXISTING UTICRY EASEMEM: 5442 50 R O.I25 ACRES TOWN OF CHAPEL HILL
ADDmONAL U71LRY EASEMEM: JIM 50 Fi 0.07? ACRES / DEDICATED AS PERMANENT
TEMPORARY CONSTRUCTION EASEMEM; 7507 SO FT 0.080 ACRES OPEN SPACE AND
TOTAL fASEMEM AREA: 12092 SO FT 0.278 ACRES / RECREATIONAL USE
~ ~
TEMPORARY TAPERING
LOT 46 CONS7RUCnoN EASEMEM
N/F `
ERNA GOETI OUADE ~.\~ LOT 47
`
BOOK 250. PG. 20 N/F ~
\
PUT 8001( 8, PC. ZI \
ORANGE CO. REGISTRY b ~ ORANGE COUNTY. . ~
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! BOOK 502, PG. J9J
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EXISTMIC JO' SAN?ARY ~`J ORANGE CO. REGISTRY ~
SEWER EASEMEM ~ v ~ ~
EXISTING SANITARY ! 1
1
SEWER LINE
PROPOSED SANITARY
SEWER LINE
N.C. GRID COORDINATES '/~
IS' VTILITY EASEMENT
NAD to IN FEET f
Y~ 799100.7860
~'P
x. teB132J.OJ?J
S ~~J 1 ORANGE COUNTY
114 ?b8•E` l
J
• TEMPORARY 15'
1
NUMBER DIRECTION pIS7ANCE
L 1 CONSTRUCTION EASEMEM
L1 S 89'02'45"f 13.82' ~ 1 1
L? N 11'0?'18"E t3J.15'
L3 N 3T•15'?7"W 7.51' c
L4 N 1818'53"E 37.28' ~ ~~ !y
LS N 1818'55"E 18.08' ' ~
L8 N 1818'55"E 17.10' ' ~ R~
sr
L7 S 45'
'
"
'
58
58
E 67.37
\ EXlSDNG JO
SANITARY
L8 S 11'0?'18"W 780.20' SEWER EASEMEM
L8 S 44.7?'SJ"E 72.75' \
Lt0 S 4747b4"E 5?.8J' ~• \
*
LII S 11'02'18"W f7?.J 1'
Lt2 S 44'72'53"E 18.18' '\
L13 S JT tS'21^E J9.f?'
LL4 S 11'07'18"W 151.28'
US S H'J?'SJ"E t8.f8'
NUMBER RADIUS DELTA ARC 7ANGEM CHORD BEARING CHORD DIS7.
C1 742.00 00'20.18" 2.02 1.01 S 6553'47"E ?.0?
C2 J4?.00 1816.20" 108.07 55.00 N 5875'25"W 108.81
~(N ~~v LEGEND
Q
OFF.~/giO ~
k o - EX/S7/ArC /R~/ PIPE
QQ'
I( O - £X/S1HYC MANHOLE
$~ • - PROPoSEO MANHOLE
~1~ o - COAIPUTEO CORNER
¢¢
('
.p' - £X/S17NC [/71U1Y EASEMENT
•
= A~NTpWL [/TK1TY EASEMENT
~
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___-
TEMPORARY CON577PVCTTGVV EASEMEM
® - AODIflONAL UTILITY fi15EM£NT
q A. CQ
RE C FY, HAT THIS PLAT WAS DONE IN ACCORDANCE WITH STANDARD SURVEYING PRACTICES. E.O.C.: 1Z 10,000.
SUR ~-17w
REGISTRATION NUMBER
ALL DISTANCES SHOWN ARE NO 7AL GROUND MEASURED IN FEET AREAS COMPUTED BY COORDINATES. FILE NAME: 4498GC.DWC
Book o/ Mops Vol. Page Deed Book Pg. County ORANGE
LOT SUBDIVISION
5urv'd: Drown: DWJ Chk'd: ob No.: 4498 Dote: 2/24/99 Scole: 1"=100'
COOPER AND ASSOCIATES BOOKER CREEK UTILITY AND CREENWAY EASEMENT PLAT
LOT 47 CLARK HILLS
P.O. 80X 370 9506 Chopel Hm Rd.
MorriBVille, NC 27560 Cary, NC 27513 SURVEYED FOR ORANGE WATER ANO SEWER AUTHORITY
(919) a69-1760
CHAPEL HILL ORANGE COUNTY NORTH CAROLINA
MEMORANDUM
TO: John Link, County Manager
FROM: Paul Thames, PE, County Engineer
DATE: November 10, 1999
SUBJECT: OWASA request for sewer easement on County's Markham Drive property
As per your request, I have evaluated the compatibility of OWASA's request for and proposed use of an
expanded sewer easement across the County's Markham Drive property (tract 7.42.A.17 on the attached
map) with the Town of Chapel Hill's ownership and use of nearby and adjacent greenway and open
space property. Accordingly, I have also investigated the circumstances of the reported transfer of
ownership of one parcel of the Town's adjacent property (tract 7.42.A.16 on the attached map) to a
private owner.
On November 9~', I spoke with senior Town staff who advised me that ownership of the Town parcel in
question was indeed transferred to Mr. P.H. Craig in the spring of 1999. The Town's parcel was
actually swapped for a nearby parcel (tract ?.42.D.1 on the attached map) owned by Mr. Craig. Mr.
Craig's property was considered to more closely fit the needs of the Town in terms of developing the
greenway and protecting the Resource Conservation District (RCD) features of this area.
Chapel Hill staff also informed me that replacement of the Booker Creek interceptor was a project
favored and desired by the Town. Furthermore, I was advised that the Town: 1) generally considers
sewer easements and greenways to be compatible uses; and 2) the greenway in this area was designed
and laid out in coordination with the easements for the Booker Creek interceptor.
Based on my discussion with Town staff, it is my conclusion that: a) County action to provide OWASA
with the easement it has requested would be favored by the Town of Chapel Hill; and b) the proposed
OWASA use of the easement is consistent with Town policies and practices relative to the open
space/greenway uses in this area.
If I may provide additional information, please advise.
~x i-~ / r3T T ~/-~
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Scale 1 " = 100' °~
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NOTES
D HORIZONTAL GROUND MEASURED IN FEfi
~K/f4A/ 1 ~
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O
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NOTE
2)- THIS SURVEY WAS PERFORMED WITHOUT THE BENEFlT OF A COMPLETE
SIZE
TITLE SEARCH. 7H£ DEED RECORDS SHOWN HEREON WERE TAKEN
FROM COUNTY TAX RECORDS.
JJ- ALL EASEMENTS ARE CENTERED OVER lHE STRUCTURES UNLESS OTHERWISE
VILINITI' MAP N.T.S. NOTED.
c. L Ibis survey is o/ an e+isfbq parcel or parcels o! bnd -and
does not creole o nar street w change on existing street;
Z This survay is o/ on existing building or fMr sfrucfum, w
natural /eofwe. such os p.+rW eau a~\
J. This survey is o cont~/ rwy. J
~L!LJg9J~~sfe Lond Swve
~
This Parcel is located in fhe
lll..~ Pbnning Jurisale n
AREA SUMMARY N/F
EXISTING UTILITY EASEMENT: 5442 SO FT O.IZS ACRES ~ TOWN OF CHAPEL HILL
ADDITIONAL UTILITY EASEMENT: 7144 SO FT 0.07? ACRES / DEDICATED AS PERMANENT
TEMPORARY CONSTRUCTION EASEMENT: 7507 50 Fi 0
080 ACRES
.
OPEN SPACE AND
TOTAL EASEMENT AREA: 12092 50 FT 0.278 ACRES / RECREATIONAL USE
~ /
TEMPORARY 7APERtNC
LOT 46 CONSTRUCTION EASEMENT
N/F
ERNA GOETZ OUADE ~ `.
LOT 47
~
PUT
`
'
BOOK B, PC. 71
\b N/F
~ \
ORANGE CO. REGISTRY ORANGE COUNTY • ,
\
~~~ BOOK 502, PC. J9J
`
~
~
ORANGE CO. REGISTRY
EXISTING 30' SANITARY ~O
`
SEWER EASEMENT ~ ~ ~
Exisnlvc swlraRr ~
SEWER LINE j
PROPOSED SANITARY
SEWER UNE ~ ~
^/~ I 45' UTILITY EASEMENT
N.C. CRIO COORDINATES
Ib
„
NAD 8J 1N FEET ~"
Y- 799100.7860
EIP
X= I991JZJ.OJZJ
S
~8.J1 ~ ORANGE COUNTY
J?4 QTg•` 1 TEMPORARY 15'
JJ
NUMBER DIRECTION DISTANCE
LI I CONSTRUCTION EASEMENT
L1 S 89'02'45"E IJ.82' / I JJ2
LZ N 11'OZ'IB"E IJJ. 15'
,
i/
~
i
LJ N 7Tt5'TI"W 7.54' C
L4 N 1619'55"E 77.18'
\
~
LS N 1619'35"f 16.06'
~ ~
~~
,
L7 S 45'38.58"E 87
3
' \ R
S
'
.
7
. \
T EXISTING JO
SANITARY
L8 S I1'OZ'18"W 190.20' SEWER EASEMENT
L9 S 44'71'57"E 72.75' \
L I O S 1747'OI "E 52.97'
\
L11 S 11'02'18"W 172.71' \
LI2 S 44'72'57"E 18.18' \
LI3 S JT/5'Z1"E 39.11'
LIA S 11'02'18"W 151.26'
L 15 5 44'71'57"E I8. I8'
NUMBER RADIUS DELTA ARC TANGENT CHORD BEARING CHORD DIST.
CI 742.00 OPZO'18" 1.02 1.01 S 6557'17"E 2.02
L2 742.00 1816'20" 109.07 55,00 N 56'75'25"W 108.81
~~N ~04
LEG ND
L
Q OF~B/O '(y o - EX/ST/NG /RON PIPE
~
Q' ~
o - Ex/snNC MANNOLE
Q
BEJ1L • -PROPOSED .WNHOLE
L-1780 0 - COAIPUTEO CORNER
- Exrsmwc unL/Tr usEMENr
Q,
• - -
N
,1,_
p 8~fi
- ~
~ - - Y CON57RTJG'TX/N
EASEMENT
ti
q A. CQO ® - A00/TIONAL UT/L/lY Fi1SEMENT
N<`RE C FYI~HAT THIS PLAT WAS DONE IN ACCORDANCE WITH STANDARD SURVEYING PRACTICES. E.O.C.: 1>_ 10,000.
SUR L- ~7~0V
REGISTRATION NUMBER
ALL DISTANCES SHOWN ARE HO NTAL GROUND MEASURED IN FEET. AREAS COMPUTED BY COORDINATES. FILE NAME: 4498GG.OWC
Book o/ Maps Vol. Page Deed Book Pg. County ORANGE
LOT SUBDIVISION
Surv'd: Drawn: DWJ Chk'd: ob No.: 4498 Dote: 2/24/99 Scale: 1"=100'
COOPER AND ASSOCIATES BOOKER CREEK UTILITY AND GREENWAY EASEMENT PLAT
LOT 47 CLARK HILLS
P.O. BOX 370 9506 Chapel H~II Ro.
Morrisville, NC 27560 Cary, NC 27513 SURVEYED FOR ORANGE WATER ANO SEWER AUTHORITY
(919) 469-1760
CHAPEL HILL, ORANGE COUNTY NORTH CAROLINA
~~ Selected Parcels
PROPERTY MAP
This map contains parcels prepared for the inventory of real property within
Orange County, and is compiled from recorded deeds, plats, and other public
Background Info records and data. Users of this map are hereby notified that the aforementioned
public primary information sources should be consulted for verification of the
information contained on this map. The County and ita mapping companies assume
no legal responsibility for the information contained on this map.
N
w e
s
DATE: 09 Nov 9910:47:17 Tuesday
Prepared By Orange County Central Land Records/GIS Office