|
53
<br />ATTACHMENT'E
<br />m L, m, 0 R AN D UMM
<br />M David Andrews,'Yown Manager and Pntricia'McGuirc, Plartning niMtOr
<br />FR.M Tbe Bmigh Uaw Finn; Robert, Vie —Homik,Jr,
<br />RE: Cur tery; Potential Librmy Site/Potential Liability
<br />DATE Oct6ber 71, 2013
<br />The "l own of'Carrboro b.,m identified a. portion, of the property oil which, a Town ce mart er)
<br />is sittiated, located on Fidelity Street, as a poteintial/candidate site fimr the propos; ed Southern
<br />Branch ofthe Orange C Anty Library. We understand that there are no gray sites On the POrdOn
<br />of the Property ideatified ns; a rmtential Library site. Orange Courity has asked for an orirric-'m
<br />�`a,ddres,,Sling potenlial liability issues associatcd with a County coricun over potential impacts 0,11
<br />interment (SP) as a resuh of excavatingA)lasting activj,,,y on the property,"' This Mernoraridum is
<br />provided in response to the Cou"tY's MqUest.
<br />"Phe 'rown mgLilates cerneteries rmirsuant to Town (lode Chapter 13. According to
<br />Section, U -12, the Town, Sells "burial rigbts" itt the cometory arid issues a "ertificate of Burial
<br />Rights" to the purchaser. The Certificate of Burial JUghts "Transfers no property right to thc
<br />cartjfie,,jtD owner," 1`own Code Section 13-13. Ratkr, 11m e Cerdficate owrmr is entitled 10 the
<br />tC, Wnt 0 .11 Id
<br />use of time designated burial plat" sul),,�cet to 1buTown'sauthoritY to OPffate, M8,1110 , r I T
<br />abaadon cemeteries. &),,, the TOwn remains the owner of the real property in the cemetery,
<br />subject onty to the burial rj&ihts which it sells, Article IV of TOWn Code Chapter 13 atso
<br />provide$ Illat the own erAolder of r crtif1 cat e,s of Burial Rights, are obligated to place, reptace,
<br />repair and maintain monurrients and/or mafkers oil 9rAVC%itL-,s in the'Towa cemelery- While the
<br />TOWTIr Cade dozs not say so expressly, it is aiy opinion that the markers/montiments are p�;rs4mal
<br />property owned by (lie, Certificate holder End are notTown, property,
<br />,I'llere is so )jjily (or daniage caai��d to
<br />nic caso law regarding a propal-ty owjjef�s lial.
<br />ad,joining property. resulting Froin neg li vmt excavation for ihe construction of a, bu`Wing, In
<br />Wij,m,rs v, Mesccker:, 309 N.C- 165 (1983),the North Cilruji.11a St prenie Court addressed, amung
<br />other issues, a 10,01 90vernnlent entity's (i4i Waters, a local. ABC board) ha bdity fur dama cs
<br />allegedly caused by its negligmt failure to warn a neighboring propm-ty owner of the MeElvatiom,
<br />to be undertaken. in, the coristniction L)f a tjew boilding on the gavem-rnent agency's PrO par" tY. In
<br />Waters, excavatio naoved lateral Support rroTtj, rl,
<br />,a fOjnj&Ajojj wall of plaintiff s building
<br />rc-sultilig in dalijage to the buil(ling, fn Iyaters, the Court recognized the defertdant entity's day
<br />to the nei Olbaring property owner to advise t1he neighbor of its plans so that then neighbor
<br />'4roig1?t adopt rim easures for sill' prat on.
<br />rotection," The Court, further recogni7ed that the defcndaw,
<br />wtio,m c pr, o,per,tythoexcavatiol°r .W&sbcirg erformed, had a d-a( not to dig, in a negligent manver
<br />P Y
<br />,ae, ag 'Co injure the adjojtlir � PrWcrtY, !WiE that tlie defiendant had tin obligation to notify the
<br />f1djoiaing property owner priOr to the commencement of the work s() the adjoining property
<br />own et oould take steps try ,Prot ectats property,
<br />
|