HomeMy WebLinkAboutAgenda - 12/11/2008 - 4sORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 11, 2008
Action Agenda
Item No. ~-° ~',~
SUBJECT: Approval of Sewer Easement and Utility Dedication -Homestead Community
Center
DEPARTMENT: Purchasing
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
OWASA Deed of Easement
Sewer Easement Plat
OWASA Dedication Form
INFORMATION CONTACT:
Pam Jones, 919-245-2652
Geof Gledhill, 919-732-2196
PURPOSE: To consider approval of a Deed of Easement and utility dedication for the sewer
line constructed to serve the Homestead Community Center.
BACKGROUND: On January 23, 2007, the Board approved the construction of a sewer
connection to replace the failing septic system at the Homestead Community Center. This
system is in place and is ready to be put into service. In order to properly maintain the line, the
Orange Water and Sewer Authority (OWASA) is requesting the standard 30-foot easement, as
depicted on the attached Utility Easement Plat and the As Built-Engineered Drawing.
In addition, this approval includes a dedication of the sewer line to OWASA, which requires
OWASA to permanently maintain the line. This dedication will be recorded following expiration
of the 12-month warranty period.
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Manager recommends the Board approve the easement and
utility dedication documents for the sewer line constructed to serve the Homestead Community
Center, subject to final review by the County Attorney; and authorize the Chair to sign on behalf
of the Board.
a
PIN # 9779086412,Tax Map No. 7.109..26
PIN # 9779088613, Tax Map No. 7.109..27S
NORTH CAROLINA DEED OF EASEMENT
ORANGE COUNTY FOR SEWER SYSTEM
THIS DEED, made and entered into this _ day of December, 2008, by and between Orange
County, North Carolina, a body politic and corporate, a political subdivision of the State of North
Carolina, hereinafter referred to as Grantor, and 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 in Carrboro, North Carolina,
hereinafter referred to as Grantee;
WITNESSETH
THAT WHEREAS, the Orange Water and Sewer Authority has constructed and proposes to
construct a sewage system for the use of its citizens and for that purpose has constructed and
proposes to construct lines of pipe and mains necessary for the proper transmission of sewage;
NOW THEREFORE, in consideration of the sum of One and No/100 ($1.00) Dollar, and other
good and valuable consideration paid to the Grantor, the receipt of all of which is hereby fully
acknowledged, 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 a parcel of land 30 feet in width described herein and owned by the
Grantor, lying and being in Orange County, North Carolina, the centerline of the said land 30
feet in width being more particularly described as follows:
Description of Sanitary Sewer Easement across Orange County Property:
Described by a beginning point at N798647.169 E1,970,967.320 of property with
Orange County PIN's 9779086412, 9779088613, along an easement boundary
described as S33 18'32"W for 30.18', then N63 05'43"W for 31.96', then N01 33'05"E for
31.22', then N 85 14' 40" W for 76.23', then N22 03'10"W for 16.81', then N85 14'40"W
for 113.02", then N01 33' 05"E for 25.58', then N63 05'43"W for 16.34' to the beginning
point at N798647.169 E1,970,967.320.
The area of the aforesaid easement is mapped on the plats thereof titled "Drawing 07-
542 Sewer Outfall" which plats are recorded at Plat Book ,Page and Plat
Book ,Page ,Orange County Registry.
And, the Orange Water and Sewer Authority, Grantee, shall have the right to construct and
maintain in, under and/or above, along and through said parcel of land 30 feet in width 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, above, and along said easement such mains
and manholes as shall be necessary in connection with the proper construction and operation of
said sewage line; Grantee shall also have the right of ingress and regress through, over and
across the land of Grantor to and from said strip at such time as Grantee deems it necessary for
the purpose of constructing, maintaining, and inspecting 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 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
operations 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
right-of-way over which this easement and privilege extends; and, Grantee shall have the
privilege, easement and right to clear and keep cleared the full width of the easement of and
from brush, plants, trees, and any and all other materials, obstructions, structures and
encroachments of any kind; (Grantor and Grantee acknowledge that the initial construction of
said pipes and manholes within said easement will be by Grantor and its agents, and that, upon
completion of said construction of pipe and manholes, they will become the property of the
Grantee. )
The owner of the fee shall retain the right to: (1) cultivate the ground lying within the
boundaries of the easement, (2) to construct, maintain and make available for public use
thereof walking, hiking and non motorized vehicle trails on the land within the boundaries of the
easement, and (3) to make available to the public other passive recreation uses of the land
within the boundaries of the easement; provided, however, such cultivation, trail use and other
passive recreation use shall not interfere with the right of the Grantee herein named of ingress
and egress to said easement for the purpose of maintenance and repair of said sewer main or
mains or the construction and repair of sewer laterals and connections, and such cultivation,
trail use and other passive recreation use shall not interfere with Grantee's maintenance,
operation or installation of the lines; Grantee shall also have the right at such time as may be
convenient to its purpose of ingress and egress to and from the said easement over Grantor's
land adjacent to the said easement to any adjoining lands or public rights of way; and provided
further that in all cases where there are roads or streets across the tract of land sufficient for the
purpose of convenient egress, ingress, and regress in, to, and from the strip of land, such road
or streets shall be used by the said Orange Water and Sewer Authority when it is necessary to
come in and upon said strip of land for the purposes aforesaid.
No building or structure of any kind, except such as constructed by Orange Water and Sewer
Authority and, during the initial construction, Grantor and its agents, shall be located or erected
upon the above described easement.
It is understood and agreed by the parties that the execution and delivery of this deed of
easement by the Grantor and its acceptance by the Authority shall not obligate the Grantee to
construct a sewer line or permit connections to its sewer system. And, it is further understood
and agreed that failure of the Grantee to construct improvements within the said strip of land
and/or to clear or keep cleared said strip of land shall not impair in any way the rights, privileges
and easements of Grantee hereunder.
TO HAVE AND TO HOLD all singular the rights, privileges and easements as aforesaid, in,
along, upon, and through said premises to the said Orange Water and Sewer Authority, its
successors and assigns forever,
And Grantor covenants with the Grantee that it is seized of the premises in fee simple, has
the right to convey the rights, privileges and easements which are granted herein, and that title
is free and clear of all liens and encumbrances which may affect the said rights, privileges and
easements conveyed herein, except those that are itemized on Exhibit A attached hereto and
incorporated herein by reference, and the said Grantor will warrant and defend the title of said
easements against the claims of all persons or parties whomsoever excluding however those
claims arising by virtue of the exceptions itemized on Exhibit A.
IN WITNESS WHEREOF, the Grantor has executed the foregoing as of the day and
year first above written,
By:
Grantor
ORANGE COUNTY, NORTH CAROLINA
Valerie P. Foushee, Chair
Orange County Board of Commissioners
ATTEST:
s
Donna S. Baker, Clerk to the
Board of Commissioners
NORTH CAROLINA
COUNTY OF ORANGE
I, , a Notary Public of the County and State
aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged
that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by
authority duly given and as the act of said County, the foregoing instrument was signed in its
name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board
of Commissioners.
Witness my hand and official stamp or seal, this the day of , 2007.
Notary Public
My commission expires:
Exhibit A
Exceptions
1. Matters shown on recorded Plat Book 100 at Page 190, Orange County Registry.
2. Plat of survey by Phillip W. Riley, PLS, dated 10/31/06, shows 30' Duke Power Co
Easement and Eubanks Rd (SR 1727) located on insured premises.
3. Conditional Use Permit recorded in Book 4314 at Page 313, Orange County Registry.
4
(D
4. Memorandum of Lease recorded at Book 4311, Page 206, Orange County Registry.
5. DEED OF TRUST FROM ORANGE COUNTY, NORTH CAROLINA, TO MICHAEL J.
POWERS AND DONALD S. KEOUGH, TRUSTEE(S) FOR SUNTRUST LEASING
CORPORATION ("SUNTRUST"), DATED 6/26/07 AND RECORDED 6/26/07, AT 1:1.6 PM
IN BOOK 4314 AT PAGE 546, ORANGE COUNTY REGISTRY, TO SECURE AN
INSTALLMENT FINANCING CONTRACT DATED AS OF JUNE 1, 2007 IN THE AMOUNT
OF $50,057,000.00.
6. UCC RECORDED 6/26/07 AT 1:16 PM IN BOOK 4314, PAGE 563, ORANGE COUNTY
REGISTRY.
7. Right of Way Agreement to Piedmont Electric Membership Corporation, recorded in Book
240 at Page 1326 and Book 234 at Page 828, Orange County Registry.
8. Easement(s) to Duke Power recorded in Book 234 at Page 1437, Orange County Registry.
9. Right of Way Agreement to Public Service of North Carolina, Inc., recorded in Book 142 at
Page 64, Orange County Registry.
10. Right of Way Agreement to The University of North Carolina, recorded in Book 134 at-Page
570, Orange County Registry.
11. Right of way easement to Roderick Lynwood Cate, recorded in Book 490 at Page 464,
Orange County Registry.
12. Right of Way Agreement to The North Carolina Department of Transportation, recorded in
Book 1280 at Page 317; Book 906 at Page 240 and Book 906 at Page 239, Orange County
Registry.
13. Easement(s) to Duke Power recorded in Book 247 at Page 791; Book 245 at Page 1553
and Book 109 at Page 529, Orange County Registry.
5
'I HEREBY CFRAFY THAT THE pN510N OF
PROPERtt SHOWN AND DESCRIBED HEREON IS
ExENPi ffaM THE gtAN(E COUNtt SU8gN510N
RECUUnoks Br DETIamoN.
PLANNING OIRECTOII DALE '~
L-4973• ...
sMn; er Roam cAaaLNA ...
R-50.00' .....
cauvTr ar aRAxa I CHORD BRG-X4748'58"E ...
RENEW RFICIX CF CHORD-48.82
..
~ANtE ~ ~. LYPTIfY mL~r nxs N.w aR Pur m xrxcH nxs
STANRMY REgAAEUENIS
RELCADNG fD7 INlal Ih£ AENEW CTRCER NAS RE3PDNSWWM AS
FRONDED BY LAW. llE
"
,.
IIENEII' OTRER
oMANDE caPLrv LANG RECavas/as
DAZE OF DERTARG RpI:
s
C:
~
. '.
;
' - 1 V:
~ o~
.
T
NB5'14'40"W
17.7 L'
n
Wm
bq
2 540'18'48'W
2 29.44' TOTAL
+ _.
._......
L 18
..,... .,
-^---•
.."~'-, .~ ,,,, ~B 8.21'x,_
X01'33'05"C
342.32' TIE ••--,~ Q('~"'•
1574 w'W ,
9A 71' 'N85'74.4g+N 559D0'x4"E
17.Iq' "~--~20C.87' T1E
R%N LINE PEk TIE FRC11A
NO~'40'40"W NCCS MONUMEN I'
~- PO 48/167 ~~ ~~ ~ 4.49' r "4JM55"
N 915054.940
'-~ E 1979109.220
^)' ~ ~ R/W LINE PER NAO 83/07
'.~ ry~'.h r P9 '74/193
s ~\ 4. o
StIRVF.Y CAPF,hp ~'
I1T a Fah mh N N
h~ ,y ti
if .+, •~'
,Lq N 798,847.169
'l ~ ""` E 1,970,987.320
" ., " ~_A NAD 83/07
4~3 a
TIE FROM ¢~
NCCS MONUMENT
4JM55"
N 815054.840
E 1979108.220
NAD 83/07 yA- .+?/
LS ~!''.~
ry ~8 ~q
~. ~.
OWNER'S CERTIFICATE ""'^ - :.r,:
~'B L1s 1
iNE UIaEA90NE0 HEREBY CER11AE5 THAT B1E UTIO SNOMI! IIEAEON rs OMNED BY ,,,,"
'^• .~.,,_,,, ~
n1E UNDmsmlBn Ara rs Loa1ED MINM INE SVBOIN9Cfl aECUAlN1E ARRSacnON '-'-'•
G~ GRANGE COUNTY ANO IRA®Y fREELY BEDMARS ALL MWiS-OF-WAY,
~ -„ ~ O
EASENETIrS SBNE14 RECRFABGV AREAS OPEN SPAFF, COMMA/ AREA, UiR/71ES
AND OINEA WPRONNENTS a PUBLIC OR PRNAB: CONMCW USE AS NORD a/ MS a
,~,. ~~~
PU7 Ala FURTHER ASSUMES FlAL RESPOIINBLI/Y FOR BE NANIENANCE AND
~~~ v
NrlM0. ~ SAa LVPR0IEEWIi3 UNIB. THEY ARE ACCEPTED FDP MANIIEHANCE Ala
v
LDrIiROL BY AN APPROPaA1E PUBLIC BAY OR BY AN BICGRPOIPA TED
NEICI@Oal00D OR IIdAEOMNERY ASSOOA RON CR NMMR LEGAL ENB7Y.
< ^
7J
LTi ~
aMNEA DATE
/
/ .
Roam cAaawA
oaANDE mwn , .
r'"~
PROPERTY LINES SHOWN PER
UNRECCPRDED PLAT "ORANGE
CWNTY RECREATIOl1 UEP f."
RY AL015 CALLEMTN, PL5.
UATEO OECE:M9F.R 9, 19H5.
(REF: CALIF.MYN JO9 /1357.)
DETAIL 'A'
NOT TO BCALE
1, A NOTARY M/BIR: iDR sAID
COUNTY AND STA IE, DO HEREBY CERiBY MA7 Ng~ •A"
PERSGVALLY APPEARED BEFdIE NE BHS DAY AND ACXNOMEDGED THE DIIE
SEA
TFTdA
' SUBSURFACE AND ENNROIMLENTM COADInGVS ~~ b" NOTE 'G"
SS MY NAND MID O
L
L
EAECUBd/ OF IEIE FOREGOING RLSIRILMENi. M111E MERE NOT EXAAaIED OR CO//SR]EAW DIAwIIC
' BDS SUr1FY WAS DOME M7Hp/f A BILE
SEE PLAT "NOMESIEAO NMLS-PHASE T" BY
IMS BB' Gc A- AFE ANO
1185 SURN:7. ALL BIATDIlOS SIRB
SUBAMFACE WPRO4EME1115 d/ AND AGNCDIf SEARLX AND rs BASED aw REPEAE7KF0
BRMMABON. BlfllE MAY EA15T OBNR DAIS O. FAULKNER, RCS, W /ED pECCDJIBFR I,
ro 111E 91E ARE NOi NECE551RBY AgMN OOC7AIENIS OF REDGRD MNICN COIAD IBB4 AND RECORDED M PB IQ/I87.
NERE01/. NO S7AIENENT Is NAOE CdICEIMMC
Ra COIITANERS
BP
770 ATFECT 1185 MOI°Eil7Y SEE pL17 "A PWiTd! OF LANE NOGAN FIRM
NOTARY PI/BIIG f
1
1NE ENS/MGE di Ua
NIRLII NAY A7FECi iNE rJSF OF BRS TRACT. NOB: Y" ROAD" BY BRAOY N. COFd77H. RLS OAfEO
(O~OM SEAL)
N01E 'B" EACEPi AS SPEpFlCALLY STALED GP SHORN.
B#S AMN'.Y DLES NOr REPORT ANY a NOYENBER 1.7, 1885 AND RECORDED M PB 74/IBl
NY C(AMIISNGV EXMaES . 1_ B# LOCH BON OF LWOERCROI/ND UIRIIIES
AS 9aNN ARE BASED ON NSIHE EMOENGE B,E FOLLOMING EASENENiS OBRR 11rAll
1NGSE NSIAF OI/RRLG PIEI.D E7MMMAIKW, yFE qAT MAKE MOCAN FARMS SUpN51LW, PHASE
pIE_SECBON 1B" BY ROBERT S .tl/lES RLS DAIEO
AND DRAMMDS FRONDED ro BAT SlaIEIDR.
L
~ B1AlOMG SEI8ACK4 RESBRCBYE C0IENAN7S
MAY
n
G IXa
~
APRIL' 17. 1888 AAO RECdl0E0 IN PB 84/Bfl
1/CB/RE5 NAY VMY fRdW LOCABdl3
S
iR p5f105E.
A
ll
E SEAFOI
FA NOTE YI"
9aNN NEAEp4 ANO AOOIBWM BIAMTD NOTE Y iL0(a LOVES OR BASF FL000 ELEVA BONS MERE
UIMJIBS MAY EIOSf. CONTACT 111E
APPROPAIAIE UIRITY LYMAPAMES FDR MEBAAA~M~S5 ,Na501CBCNAI N'AlERS OR 07NER X07 wNSiM.A LED DIIRIIM, 1X15 SUPIEY
"
AWDRAIABON REGRGWG BURBD UIBIBES CONOIi1f1N5 NIBCTI NAY BE REGULATED BY " ~~ 7(
~~ .C" Ti]]FRN OR STALE 04 LOCAL AOMCIES MERE
NOT MIFSBGAIEO DIMAIO MS SLNN:I: NOES
.F
NO USGS NGVUMENTS MFRS iglll0 iM5 PROPERTY rs MITNMI BlE CAPE FEAR
R/1fR BASw AND WiNIN BR: A31aAN LAKE
All NsiANCES ARE NOR2GVTAL CRdlNO RIPARIAN BU7TER5 AND OBfR RE51PoC710N5 NNIAN 1000' dF iM5 91E (UNPRO/EC1ED) WAIER9RD.
AND AR61 BY COGRpNA2 COAf1IfA llpl. W DEw.cwEllr NAY ~ REOLWBD.
GRAPFDC SCALE
20 0 70 20 40 BO
(IN FEEL )
I iBC6 ~ 40 ft.
coeva1c11r®xooe DWNBIWrDO~e•: PML TAM MAP TRACT Pur LEGEND: FWALPLAT PROPERTYSURVEYEDFOR AA SUMMIT PaaecrNO.
B77B088HT 7.108.18 718787 4x187 //A`~
SUMMIT J
CoNSULTwGER°MPFYR ~„'„~,n,M NO11RO0ORP°~B~ LAKEHOGANFARMSEWER OUTFACE
PM TAK MAP TMCi PLAT ® EABlBa MONUNEM FDU!D; 07-542 `1
cLM~e AD~~.~ 8778088813 7.108.]78 73482/ 48MBT PON ROD pIPMA: UNLEBB
ae na oilWmNnE DExReEO CHAPEL HR.L TWP., ORANGE CO., NORTH CAROLWA CONSULTING v
rIa~NE ela'o"casee IMTMEMATIGLPOMn ENGINEEERIG • AECNRECNRE • SUEVEYING DRAWING
i'`iiu`~wz~u ~°81E°c'"`~~ ~ ~ ~ NoruMENr sEr FfELD WORK PERFORMED DECEMBER 18, 2007
~ ~~~ ~~ PROPERTY AS DESCRIBED W DB 497/184, DB 726/591 1000 Carpanle Dr., SuMe 101 07-542
E EF FxeTra MMWIPPE STANDWO W THE NAME OF HINLwmuah, NC 27278A551
~Fn °' PROJECT MANAGER DMwN BV ORANGE COUNTY Voke: (B1B)732J883 Fa%: (91B)73x~378 SEWER OUTFACE
wHM .pc rU, UrEm raE www.RUmmMangYleer.com
SITE
NCINITY MAP O
NOT TO SCALE
I, IMWAM N, NDCARBiY, Jl, N.GP.LSNY44 CERTIFY THAT INE NC.
CRa COORORIAIES AND BEARAaS SSNaOMRNN ON fM5 M7 OR DOWNENi
HERE DEIEANMEO BY AN ACNAL CPS SIMIN'Y PERFDRAIED Br NE. DUi
nos suRNrr MMS PRF01EIE0 ro cuss c Fccc sPECFiCAnoas ANB
TNAr I UsEO X15 svaNir KLD PROIZOIIRES CDORdNAIES MERE
OEIERAMI/ED BY LEAST 501lARES ADA/51MENE MAi iM5 SM1EY WAS
PERFpIMED DN OECEAIBER 14 1007 USWG ONE BMMBtE 5700 RECEIN:R.
ALL COORA'NA 1ES ANE BASED ON NAD Al/Ol.
I NEAEBr r,:R1sT' nG3r nxs Pur rs a na FLUOxwo rmE.~
Gz a-SO 07(1~~ nKS suReFl' rs aF AADBRA
CAIEGOIf/. SUCH RECOEI98U11aN OF EMAIWG PARCELS.
A cnENr-oRDERm suRYEY, ar onxR ExcEPraN ro nx
DEPwlrarl of s1/eDNTSaN.
A MIWAN N NDCMMY, .R„ PLS NG 3140. CERIBY BIAi
NY SIA°ERNSGV. BUi BA[ OEID~OE5CRPBON(S) ANB U/0~[1P)
FOR 885 PROPERTY IS(ARE) USB71 NE'REdI, 1HA7 11K
BOIMOARAS NOI AMNi YED ARE CLEARLY YVG'CA LEO AB
ORAMN iRON gKMMAROR USim N.DER "RfFE1LD=CES',
BIAT BVE RATIO of PAEO90N AS
CALCULI LED IS I: 10000 Olf
GEATE4 A1AT iN5 NM
WAS PREPARED M
AOELWDANT£ N17N
GS 47-JO As AL4laED.
wTNESS' MY ORIONAL
SWWAII/RE Lk'EIlg
NUMBER ANB SEM BBS
lem G4r aF JANUARr, 1008.
THIS DOCUMENT ORIGINALLY ISSUED AND
SEALED BY WILLIAM H. McCARTHY,
PLS N0, 3248, ON JANUARY t 8, 2008.
THIS MEDIA SHALL NOT BE CONSIDERED A
CERTIFIED DOCUMENT.
PROfE551ONAL UMJ SURYETOR LILDISE NUMBER 3T4B
Orange Water and Sewer Authority
Dedication Form
12/11 /08
Orange Water and Sewer Authority
400 Jones Ferry Road
Post Office Box 35
Carrboro, NC 27510
Re: Lake Hogan Farms Community Center Sewer Extension
Dear Sirs:
Orange County, North Carolina the current owner of the Lake Hogan Farms Community
Center, according to Plat Book 46 at Page 167 of the Orange County Registry, does
hereby dedicate and convey unto Orange Water and Sewer Authority, its successors
and assigns, all of its right, title and interest in and to the sewer lines constructed in
accordance with final plat titled Lake Hogan Farm Sewer Outfall, Project Number 07-
542, fieldwork dated December 18th, 2007, which Plat is recorded at plat book ,
page ,Orange County Registry.
IN WITNESS WHEREOF, this letter is executed by the duly authorized officers of
Orange County, North Carolina and its corporate seal to be hereunto affixed, all on the
day and year first above written.
Orange County, North Carolina
ATTEST:
Donna S. Baker
Clerk to the Board of County
Commissioners
By:
Valerie P. Foushee
Chair, County Commissioners
NORTH CAROLINA
ORANGE COUNTY
I, , a Notary Public, hereby certify that (Attester)
personally appeared before me this day and acknowledged that he is the (Position of
Company / Corporation), a corporation, and that by authority duly given as the act of the
corporation, the foregoing instrument was signed in its name by its (Title), sealed with
its corporate seal, and attested as its Secretary.
(Notary Public)
My Commission. Expires: