HomeMy WebLinkAboutAgenda - 12/11/2008 - 4vORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 11, 2008
Action Agenda
Item No. ~ ~~ ~/
SUBJECT: Animal Services Facility Dedication of Water and Sewer Easements to OWASA
DEPARTMENT: Purchasing
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
OWASA Dedication Form-Water Line
Deed of Easement for Future Water Line
Utility Plat
INFORMATION CONTACT:
Pam Jones, 919-245-2652
Geof Gledhill, 919-732-2196
PURPOSE: To consider granting an easement and water line dedication to the Orange Water
and Sewer Authority (OWASA) for water and sewer utilities constructed to serve the Animal
Services Facility and to approve an easement for future construction of a water line to serve
residents south of the County's facility along Genestu Drive.
BACKGROUND: Construction is nearing completion on the County's new Animal Services
Facility on Eubanks Road. As is standard, OWASA is requesting the County grant an
easement for constructed water and sewer lines and to dedicate the built lines to OWASA so
they may be properly serviced.
The easement is depicted on the attached Utility Easement Plat. No tree removal within the
easement area is required.
OWASA is also requesting an easement across the Animal Services Facility property to provide
future water service to areas south of the Facility along Genestu drive. This easement is also
depicted on the attached Utility Easement Plat and likewise requires no tree removal within the
easement area.
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Manager recommends the Board approve the easement and
water line dedication to OWASA for water and sewer utilities constructed to serve the new
Animal Services Facility and; and to approve an easement for future construction of a water line
to serve residents south of the County's facility along Genestu Drive, contingent upon County
Attorney review of the associated documents; and authorize the Chair to sign on behalf of the
Board.
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: Orange County Animal Services Facility Waterline Dedication
Dear Sirs:
Orange County, North Carolina the current owner of the Animal Services Facility,
according to Plat Book 101 at Page 147 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 water lines constructed in
accordance with final plat titled Right of Way and Easement Dedication Plat Surveyed
for Orange County Animal Services, Project Number 06-434, fieldwork dated
September 2"d, 2008, 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:
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Prepared by and return to:
Geoffrey Gledhill
County of Orange
129 E. Tryon Street
Hillsborough, NC 27278
PIN # 9870774584, Tax Map No. 7.18..18
Tract 701865
NORTH CAROLINA
ORANGE COUNTY
DEED OF EASEMENT
FOR SEWER SYSTEM
THIS DEED, made and entered into this day of , 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 and 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 Future Sanitary Sewer Easement across Orange County Property:
COMMENCING at NCGS control monument "4JMS5" (NC Grid Coordinates
N.815054.866, E.19791082.210 feet, NAD 83/01); thence S.10°23'35"W. 7284.70 feet (grid
distance, Combined Grid Factor 0.99993428) to a mathematical point (NC Grid Coordinates
N.807889.685 feet, E.1977794.042 feet, NAD 83/01) at the intersection of the centerline of
Eubanks Road (SR 1727) and the northeastern right of way line of Southern Railway (see Plat
1
Book 101 page 147 Orange County Registry); thence with the centerline of Eubanks Road
along two courses as follows: (1) a curve to the left having a radius of 25158.18 feet, an arc
length of 56.30 feet (chord bearing S.83°10'01"W., chord distance 56.30 feet) to a mathematical
point in the centerline of Southern Railway and (2) a curve to the left having a radius of
25158.18 feet, an arc length of 55.74 feet (chord bearing S.83°02'21 "W., chord distance 55.74
feet) to a mathematical point in the southwestern right of way line of Southern Railway; thence
with the southwestern right of way line of Southern Railway along two courses as follows: (1) a
curve to the left having a radius of 1490.97 feet an arc length of 33.48 feet (chord bearing
S.33°21'27"E., chord distance 33.48 feet) to an existing iron pin in the existing south right of
way line of Eubanks Road and (2) a curve to the left having a radius of 1490.97 feet an arc
length of 11.25 feet (chord bearing S.34°13'01 "E., chord distance 11.25 feet) to an iron pin set
at the intersection of the proposed new south right of way line of Eubanks Road and the east
right of way line of Genestu Drive (existing 60 foot private access easement Plat Book 101 page
147 Orange County Registry), the POINT OF BEGINNING; thence along a new line within the
right of way of Genestu Drive S.15°20'14"E. 422.84 feet to an iron pin set in the north line of
Jaqueline Upperman (see Deed Book 170 page 414 Tract 3A and Plat Book 36 page 184
Orange County Registry); thence along and with Upperman's north line S.86°44'20"W. 30.68
feet to an iron pin set: thence along a new line within the right of way of Genestu Drive
N.15°20'14"W. 420.81 feet to an iron pin set in the proposed new south right of way line of
Eubanks Road; thence with the proposed new south right of way line of Eubanks Road along a
curve to the right having a radius of 25118.18 feet an arc length of 30.32 feet (chord bearing
N.82°59'13"E., chord distance 30.32 feet) to an iron pin set in the southwestern right of way line
of Southern Railway, the place and POINT OF BEGINNING, and being all of a proposed new
OWASA 30 foot wide sewer easement containing 12655 square feet or 0.291 acres more or
less, as shown on plat entitled "Right of Way and Easement Dedication Plat Surveyed for
Orange County Animal Services" by William H. McCarthy, Jr., PLS dated August 8, 2008 and
revised ,Summit Consulting Project Number 06-434, and
recorded in the office of the Orange County Register of Deeds in Plat Book page
to which plat reference is hereby made for a more particular description of same. For additional
reference see Deed Book 4247 page 416 Orange County Registry.
The centerline of the aforesaid easement is mapped on the plats thereof titled "06-434
RNV & ESMT DEDICATIONS REV1"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 fes 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.
Cv
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. (Geof, please advise on the
items that should be listed on Exhibit A, as well as the standard of those items).
IN WITNESS WHEREOF, the Grantor has executed the foregoing as of the day and
year first above written,
Grantor
ORANGE COUNTY, NORTH CAROLINA
By:
Valerie P. Foushee, Chair
Orange County Board of Commissioners
ATTEST:
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 at Page ,Orange County Registry.
2. Plat of survey by William H. McCarthy, PLS, dated 9/2/08, shows 30' Duke Power Co
Easement and Eubanks Rd (SR 1727) located on insured premises.
3. Special Use Permit recorded in Book at Page ,Orange County Registry
(TonylBrianne, did we record the SUP already?}
4. DEED OF TRUST FROM ORANGE COUNTY, NORTH CAROLINA (Pam/Geof, does this
apply)?
6. UCC RECORDED AT IN BOOK ,PAGE ,ORANGE COUNTY
REGISTRY.
7. Right of Way Agreement to Duke Energy Corporation, recorded in Book at Page
and Book at Page ,Orange County Registry (under review}.
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8. Easement(s) to Duke Energy recorded in Book at Page ,Orange County
Registry.
9. Easement(s) to Orange Water and Sewer Authority (OWASA) recorded in Book at
Page ,Orange County Registry (under review).
12. Right of Way Agreement to The North Carolina Department of Transportation, recorded in
Book at Page ;Book at Page and Book at Page ,Orange
County Registry.
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