Agenda - 02-04-2003-5a1 - Laserfiche WebLink

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As expressed by the BOCC at the December 2, 2002 Board meeting, an option for the developer to escrow road related monies to NCDOT has been explored. County Attorney Geoffrey Gledhill and Planning Director Craig N. Benedict conducted a conference call (due to inclement weather) with the NCDOT staff in Greensboro on Wednesday, December 4, 2002. Subsequent meetings have occurred on December 17, 2002 and January 8, 2003 involving the County Manager, the Planning Director, the County Attorney, Commissioners Jacobs (on December 17, 2002) and Halkiotis (on January 8, 2003), the Developer and NCDOT engineers concerning a short term and long term solution to the paving of Arthur Minnis Road. The discussions bore positive outcomes: to delay the construction of the road segment and to pursue the steps to pave Phase 1 (900') in the Spring (by May 15, 2003) and Phase II (7100') in the next Secondary Road paving cycle (paving likely in late 2003 to late 2004). The amendment to the Preliminary Plan that is proposed here will allow the developer/property owner to continue with the development of the subdivision. It also will give NCDOT additional time to determine if the entire unpaved segment of Arthur Minnis Road qualifies for paving using new State legislation which would permit NCDOT to acquire the small segments of right-of-way needed to improve and pave the entire unpaved segment of Arthur Minnis Road. The proposed amendment is: Condition Number B.7. of the June 27, 2002 Resolution of the Orange County Board of County Commissioners is amended by deleting the original condition in its entirety and replacing it with the following: B.7. The segment of Arthur Minnis Road from Rocky Ridge Road west to approximately 31 feet from the western property line of the subdivision that intersects with Arthur Minnis Road ("Phase I paving") shall be constructed and paved to NCDOT standards. Phase I paving shall be completed either by the owner/applicant pursuant to an approved North Carolina Department of Transportation encroachment agreement or by the North Carolina Department of Transportation. Cash or a certified check in the amount of $20,000 shall be paid by the owner/applicant to Orange County. So long as Phase I paving is substantially completed by the North Carolina Department of Transportation on or before May 15, 2003, Orange County will pay this $20,000 to the North Carolina Department of Transportation for purposes related to the paving of the unpaved segment of Arthur Minnis Road west of the subdivision entrance and then west to the intersection of Arthur Minnis Road and Dodsons Crossroads ("Phase II paving"). Orange County will pay this $20,000 to the owner/applicant on or after May 15, 2003 in the event Phase I paving is either not undertaken by the North Carolina Department of Transportation or not substantially completed by the North Carolina Department of Transportation on or before May 15, 2003. In the event Phase I paving is either not undertaken by the North Carolina Department of Transportation or not substantially completed by the North Carolina Department of Transportation on or before May 15, 2003, the owner/applicant shall complete Phase I paving, pursuant to an approved North Carolina Department of Transportation encroachment agreement, within 90 days of return to the owner/applicant of the $20,000 payment. The final plat for Tuscany Ridge Subdivision may be recorded any time after all conditions for its recording have been satisfied including this Condition Number B.7, which shall be considered satisfied upon either the payment to Orange County of $20,000 by the owner/applicant or the completion of Phase I paving.