Orange County NC Website
ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: September 15, 2020 <br /> Action Agenda <br /> Item No. 8-e <br /> <br />SUBJECT: Approval of Driveway Easement Extending from Jacobs Trail <br /> <br />DEPARTMENT: County Attorney <br /> <br /> <br />ATTACHMENT(S): INFORMATION CONTACT: <br />Plat John Roberts, County Attorney, 245- <br />2318 <br /> <br />PURPOSE: To grant a driveway easement in an unused, undeveloped dedicated right of way <br />extending from the end of Jacobs Trail. <br /> <br />BACKGROUND: This item was brought to the County Attorney’s attention by the owner of a <br />landlocked parcel situated south of Interstate Highway 40 (I-40). The parcel was originally <br />benefited by an access easement from the North, however the construction of I-40 extinguished <br />that easement. <br /> <br />During development of the existing subdivision at Jacobs Trail, the County required the <br />dedication of a right of way for connectivity purposes to the undeveloped parcel to the north. <br />However, the parcel has never been developed and, without an actual access, the current <br />owner is unable to sell the parcel. The owner is requesting an easement be granted to allow <br />access to the landlocked parcel. The easement provides for a perpetual easement/driveway <br />area of between 14 and 18 feet wide for the length of the undeveloped right of way and a <br />temporary construction easement for the entire length and width of the undeveloped right of <br />way. The easement provides that the owner releases the County from liability associated with <br />any driveway, the owner will be responsible for construction and maintenance of any driveway, <br />and the owner will dedicate the easement and the easement will be extinguished upon County’s <br />request. This is in the event the parcel is developed with multiple residential units. <br /> <br />The attached plat shows the existing undeveloped right of way. <br /> <br />FINANCIAL IMPACT: The County should receive between three and four thousand dollars, <br />which is the fair market value of the easement. <br /> <br />SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated <br />with this item. <br /> <br />ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal <br />impact associated with this item. <br /> <br />RECOMMENDATION(S): The Manager recommends the Board approve the granting of the <br />driveway easement extending from Jacobs Trail along the right of way shown on the attached <br />plat and authorize the Chair to execute all easement documents to complete the transaction. <br />1