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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: August 23, 2011 <br />Action Agenda <br />Item No. ~j - Q <br />SUBJECT: Purchase & Sale Agreement -Southwest Library Site, 210 Hillsborough Road <br />DEPARTMENT: Manager's Office PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />INFORMATION CONTACT: <br />Frank Clifton (919) 245-2306 <br />John Roberts (919)-245-2318 <br />PURPOSE: To consider purchasing the parcel located at 210 Hillsborough Road, Carrboro, and <br />authorize the Manager to execute all necessary documents to close the purchase. <br />BACKGROUND: Orange County entered into a Purchase & Sale Agreement on October 22, <br />2010 to purchase approximately 2.691 acres of property located in Carrboro for the purpose of <br />developing and constructing a branch public library facility. This Agreement allows an <br />examination period of the property that will expire on August 31, 2011. The Agreement <br />contemplates closing the purchase transaction no later September 30, 2011, where the earnest <br />money deposit will apply to the purchase price. <br />On April 12, 2011, the Carrboro Board of Aldermen approved the County's petition to <br />conditionally rezone the property in order to accommodate a public library facility not to exceed <br />20,000 square feet, subject to the required conditional use permitting process as governed by <br />Carrboro's land use ordinance. <br />On June 21, 2011, staff presented physical due diligence on the property to the Board. The <br />results of these physical due diligence items (survey, geotech, utility availability, environmental <br />assessment, cultural, archaeological, and off-site traffic engineering analysis) are favorable and <br />support the purchase of the property. <br />Title research has been completed since that point and the findings are as follows: The title <br />issues remain unresolved. An existing restrictive covenant against subdivision encumbers the <br />title. The adjacent neighbors' attorneys notified the County the adjacent neighbors intend to <br />sue the County based on the restrictive covenant if the county acquires the property. There <br />could be a resolution to this threatened lawsuit, but it would involve the purchase of additional <br />property for an alternate access point at additional cost to the county. <br />There are other title issues primarily related to easements. The easement issue involving the <br />most cost is associated is the adjacent neighbors' sewer easement. If a road or driveway is <br />