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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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Agenda 03-19-24; 5-a - Zoning Atlas Amendment – 6915-UT Millhouse Road, Chapel Hill
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3/14/2024 11:23:10 AM
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BOCC
Date
3/19/2024
Meeting Type
Business
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Agenda
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5-a
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127 <br /> transferring that right and easement to Mr. Nishimoto, the current owner of 6915-UT Millhouse <br /> Rd. <br /> There is no conflict between Crown Castle's claims to use the access road and Mr. Nishimoto's <br /> plans to improve and to use the same road. Mr. Nishimoto's rezoning application should <br /> therefore not be made to depend on Crown Castle's availability to weigh in on the matter. <br /> History of the Access Road <br /> • 1950: This access road is visible in this earliest available aerial photography. <br /> • 1978: When all of the surrounding land was owned by Eugene and Julia Blackwood, the <br /> access road is confirmed as "a perpetual right and easement...that is appurtenant to and <br /> runs with the land" (Deed Book 311, page 84). <br /> • 1979: A 60-foot wide right of way from Millhouse Road to what is now 6915-UT <br /> Millhouse Rd is represented on a plat (Deed Book 30, page 135). <br /> • 1986: what is now 6915-UT Millhouse Rd is shown as "Tract 3", along with the R/W and <br /> Farm Road (Book 43, page 86). <br /> • 1987: In an agreement with Piedmont Electric, the access road is described as a "60 foot <br /> R/W and known as Farm Road Easement" that goes to "property line of Tract 3 and 4" <br /> (Book 658, page 162). <br /> • 2008: Julia Blackwood grants to Crown Castle "an exclusive, perpetual right-of-way" to <br /> the existing access and utility easement from Millhouse Rd. (Record Book 4683, page <br /> 157) <br /> Summary of Mr. Nishimoto's attempts to contact Crown Castle <br /> Mr. Nishimoto has documented the following efforts to communicate with Crown Castle about <br /> this matter since September 2023: <br /> • multiple emails to Crown Castle's Landowner's Help Desk (LOHD) <br /> • multiple voicemails left at LOHD; <br /> • On eight separate occasions Mr. Nishimoto has spoken with LOHD representatives <br /> • Through the LOHD, representatives agreed to send emails, marked "high priority," to the <br /> following parties: Crown Castle's real estate legal team, a Crown Castle real estate <br /> specialist, a supervisor to the real estate specialist, a Crown Castle construction <br /> manager, a Crown Castle field technician, Crown Castle managers for the site, and the <br /> supervisor of the LOHD agent. <br /> • Multiple emails to Crown Castle's real estate specialist <br /> • Multiple phone messages left for the real estate specialist <br /> • Email to the real estate specialist's supervisor <br /> • One phone conversation with the real estate specialist. <br /> • One phone conversation with the Raleigh-based onsite manager for Crown Castle <br />
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