TITLE: Title
Request to Authorize Town Manager to Execute Deed of Easement for Ingress, Egress, Regress and Utilities Over a portion of the Town’s Westwood Cemetery Property For Lion’s Club
PURPOSE: The purpose of this item is for the Board of Aldermen to Consider Authorizing the Town Manger to execute a Deed of Easement, conveying an access easement over a 40-foot wide strip on the east side of the Town’s Westwood Cemetery Property, to benefit the Lion’s Club Property which adjoins the Town’s property.
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DEPARTMENT: Planning & Town Attorney
CONTACT INFORMATION: Bob Hornik, Town Attorney, 919-929-3905 & Marty Roupe, 919-918-7327
INFORMATION: Carrboro Lion’s Club owns a parcel of land adjacent to the Town’s Westwood Cemetery Property on Fidelity Street. The Lion’s Club Property lies just south of the Village Square Townhouses, and the driveway serving the property runs adjacent and parallel to the eastern boundary line of the Westwood Cemetery Property, adjacent to the Village Square Townhouses.
The Lion’s Club acquired its property from the Carrboro Volunteer Firemen’s Association in 1984. The Carrboro Volunteer Firemen’s Association had acquired the property from the Town of Carrboro in 1967. The Lion’s Club Property is landlocked, and does have an existing structure on it. The gravel drive over which the proposed easement would be located seems to be the only means of ingress/egress to reach the structure. There also appear to be some underground utilities in the easement area. The Lion’s Club Property has had access via a gravel drive over this portion of the Town’s Property approximately 50 years (or more). As the Lion’s Club is preparing now to convey their property, they need to establish a formal access easement. The Town was approached approximately one year ago by David Wilson, a real estate agent working for the Lion’s Club, about establishing the easement to the Property.
The Town Attorney’s office has prepared a proposed Deed of Easement for ingress, egress, regress and utility over a 40 foot wide strip of land running parallel to the eastern boundary line of the Westwood Cemetery Property. The existing, gravel driveway runs through this easement area. The proposed easement is a non-exclusive easement, so that the Town may still use the gravel drive as long as the use does not interfere with the access, etc., for the Lion’s Club Property. The Google Hut site recently approved to the Town will also use this easement area for access.
The formalization of the easement will not create any new or different conditions in the area, but will formalize the condition which has existed there since the time that the Town acquired the Westwood Cemetery Property.
FISCAL & STAFF IMPACT: No impact beyond staff and attorney time to prepare and execute easement related documents.
RECOMMENDATION:r Staff recommends that the Board adopt the attached resolution authorizing the Town Manager to grant and execute the easement document.