Orange County NC Website
APPROVED 10/13/2014 <br />OC Board of Adjustment – 8/27/2014 Page 27 of 64 <br /> <br /> <br />Jerry Raines: It addresses the validity of whoever is holding this thing that handed it to me. It’s four 1 <br />lines. It’s the biggest problem I’ve had with this entire easement. It says it is understood and 2 <br />acknowledged by the undersigned that the persons securing this grant on behalf of the grantee, which is 3 <br />the gentleman handed me this thing, and they are securing this grant on behalf of the pipeline, is without 4 <br />authority to make any agreement with regard to the subject matter hereof which is not expressed herein 5 <br />and that no such agreement will be binding on the grantee. In other words everything that man tells me, 6 <br />he can promise me the moon and the only thing I can do is look at it. 7 <br /> 8 <br />Larry Wright: How does that apply to this Board? 9 <br /> 10 <br />James Bryan: Well, that is for the Board to determine, whether it applies or not. What I can suggest in 11 <br />layman’s terms is that the petitioner has proposed a line a drawn line a pathway and its assuming that 12 <br />they have the rights to do in that pathway. How they were going to get that right is through easements 13 <br />either through condemnation or through purchasing of those easements but that is an assumption that 14 <br />the Board should go on. I haven’t seen anything that the Board can rely on any standard that would be 15 <br />met or unmet by talking about the particular either lawsuits or negotiations or anything like that. If the 16 <br />Board would like to hear more from either the petitioner or the speakers about particular standards that 17 <br />they believe would be met or not met how this is relevant to each one and then make that decision based 18 <br />on that and ask to go forward to more relevant material. 19 <br /> 20 <br />Larry Wright: Members of the Board? What standards do you think this addresses? 21 <br /> 22 <br />Jerry Raines: Well, what it’s telling me is, see I walked in on these gentlemen down there talking to my 23 <br />mom and dad. My mother is 84 and my dad is 85. They were handing them this piece of paper for them 24 <br />to sign and I took it and read it. Then when I got to the bottom line it said that this man could not, in my 25 <br />opinion, this says he can’t be trusted. What he says he does not have to stand by, the company does 26 <br />not have to stand by. He can sit there and promise to me the moon but unless it is already written in this 27 <br />piece of paper he can sit there and negotiate all day long and twist somebody’s arm or prod them or lead 28 <br />them or whatever you want to call it to get them to sign this thing. 29 <br /> 30 <br />Larry Wright: I understand what you are saying. I have to figure out how this applies to the Board of 31 <br />Adjustment. Now I have to go to our attorney. I do not see a standard within the UDO for anything. I 32 <br />sympathize with this man this sounds to me like something that is in a court of law. It does not sound like 33 <br />it is a venue for the Board of Adjustment. 34 <br /> 35 <br />James Bryan: If you fail to see relevancy to a particular standard and without objection from the rest of 36 <br />the Board then I would encourage you if you fail to see relevancy and or you can take it at its full face 37 <br />value and it doesn’t affect a standard so if you were to believe him, every word he says they are rascals 38 <br />and say ok I believe you but even if they were the worst of the worst, it still doesn’t affect these 20 pages 39 <br />of standards that Mr. Harvey has presented then I would encourage you to seek further testimony. 40 <br /> 41 <br />Larry Wright: Do you have anything else to present? 42 <br /> 43 <br />Jerry Raines: Oh yes sir. I have. The County addresses the same thing, I thought this was going to be, 44 <br />I thought I was going to be addressing people who understand. I was told when I come here that the 45 <br />people down here would have good common sense. I was hoping that would be the case. That is yet to 46 <br />be determined in my view. As we have problems as far as these people coming through how’s it going to 47 <br />affect our taxes? It’s going to devalue our land it is going to affect our taxes? 48 <br /> 49 <br />Larry Wright: We have to hear an expert witness that says that. We cannot. 50 <br /> 51 <br />Mark Micol: Have you hired an appraiser? 52 <br /> 53 <br />Jerry Raines: I talked to the county appraiser the other day. He says my dad’s property would be 54 <br />devalued 25 percent. He’s at 209,000 thousand. 55