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07A <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> Action Ag n a <br /> Item No. <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: NOVEMBER 3, 1986 <br /> SUBJECT: RAW WATER STORAGE ELEVATION AT LAKE ORANGE <br /> DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No <br /> ATTACHMENT(S) : INFORMATION CONTACT: DON WILLHOIT <br /> X505, KEN THOMPSON, X501 <br /> TELEPHONE NUMBER; <br /> Hillsborough - 732-8181 <br /> Chapel Hill 968-4501 <br /> Mebane - 227-2031 <br /> Durham -- 688-7331 <br /> PURPOSE: To consider what response to make to the Town of <br /> Hillsborough's September 8, 1986 Resolution and September 15, <br /> 1986 letter requesting that the Lake be raised by two feet. <br /> NEED: Pertinent provisions of the August 4, 1967 deed from Lake <br /> Orange, Inc. to Orange County are set forth in attachment. <br /> Lake. Orange, Inc. is still in the process of researching the <br /> deeds of property owners abutting the lake. <br /> The position of the Town in asking for the two feet is that it <br /> would provide added storage for what it believes to be the <br /> least cost of the various stop gap water supply options being <br /> considered. Lake Orange, Inc. has offered to grant the <br /> necessary land between 615 ' and 616 ' elevation while retaining <br /> the remaining land margin (to 620' ) for recreation rights and <br /> the temporary flood easement granted to the County previously. <br /> However, some property owners have deeds which describe owner- <br /> ship to the water's edge. Based on this fact one owner has <br /> made a claim to owning a portion of the easement which their <br /> lot crosses between 615 ' and 620' elevation. Legal <br /> proceedings will be necess-ry to resolve which deed (the <br /> Corporation deed to Orange County or the property owners' <br /> deeds) has precedence. <br /> Based on the conflicting property claims the Board acted March <br /> 25, 1986 to approve a one foot rise, and later (July 7, 1986) <br /> it voted to place a freeze on any raising of the lake pending <br /> legal review of the deed problems. During the intervening <br /> weeks further considerations have come to light: <br /> 1. Hazen and Sawyer Engineers has determined that the dwell- <br /> ings abutting the lake would not be flooded during the 50 <br /> or 100 year storm events for either a 1 foot or 2 foot <br />