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• <br /> 16€ <br /> INTEROFFICE MEMORANDUM: 8704-501 <br /> Background on the Question of Lake Orange Storage Capacity <br /> April 1, 1987 <br /> Page 2 <br /> 3 . Affect on Land Titles. There is some degree of <br /> overlap in the land to be affected. According to <br /> Orange County's deed the County owns land for the <br /> lake to elevation 615 feet even though the current <br /> spillway only captures water to 614 feet elevation. <br /> It further specifies Lake Orange Incorporated as <br /> owning the land between 615 and 620 elevation for <br /> the purpose of private recreation rights subject to <br /> an easement to the County for temporary flooding to <br /> elevation 620 feet. Other deeds reflect private <br /> ownership from 620 elevation and above with the <br /> exception of two deeds which claim ownership to <br /> elevation 615 edge. This overlap would have to be <br /> resolved before a two foot rise were approved. <br /> However, it is the testimony of one of the two <br /> property owners affected that the overlap would not <br /> be contested under a one foot change. Lake Orange <br /> Incorporated has offerred to deed ownership to the <br /> second foot to Orange County with conditions. The <br /> Board rejected the offer March 24, 1986 reserving <br /> its right to match any cash offer received by Lake <br /> Orange Incorporated. According to the Durham <br /> Morning Herald this week, Robert Nichols, Presi- <br /> dent of Lake Orange Incorporated, has stated that <br /> Lake Orange Incorporated has received no cash <br /> offer. <br /> 4. Survey Results. Of the twenty seven question- <br /> naires returned one third claimed to have an <br /> interest in the land below 620 feet elevation while <br /> two thirds supported raising the lake two feet. <br /> Comments had to do with asking assurances that: a) <br /> access to property would remain, b) lots would not <br /> be deemed unsuitable for building, and c) the flood <br /> plain would not be increased above 620 feet. Six <br /> owners expected damage to their properties in the <br /> form of shoreline erosion and damage to docks. <br /> 5. Costs. This varies depending upon the extent of <br /> improvements undertaken, any litigation which may <br /> be necessary, and whether the County would elect to <br /> pay for any damage to private structures resulting <br /> from a lake level change. The latter does not <br /> result from a legal responsibility; such structures <br /> as piers, private road and a boathouse were <br /> installed within the County's easement without the <br /> County's prior approval as required by its deed. <br /> Cost estimates are as follows: <br />