Agenda 05-19-2026; 8-i - Declaration of Easements and Restrictive Covenants for the Crisis Diversion Facility

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1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 19, 2026 Action Agenda Item No. 8-i SUBJECT: Declaration of Easements and Restrictive Covenants for the Crisis Diversion Facility DEPARTMENT: Asset Management Services (AMS) ATTACHMENT(S): INFORMATION CONTACT: Declaration of Easements and Restrictive Alan Dorman, AMS Director, 919-245- Covenants and Exhibits 2627 PURPOSE: To review and approve a Declaration of Easements and Restrictive Covenants between Orange County and Capkov Ventures, Inc. for the Crisis Diversion Facility, and authorize the Chair to sign the document upon final review by the County Attorney. BACKGROUND: At its Business meeting on April 15, 2025, the Board of County Commissioners approved a purchase and sale agreement with Capkov Ventures, Inc. to purchase a five-acre property for the Crisis Diversion Facility for $1,350,000. At the June 17, 2025, Business meeting, the Board approved an amendment to that agreement that requires that both parties reach an agreement after the sale of the property to grant each party temporary and permanent easements, along with other requirements necessary for the construction, repair, and maintenance of the shared site. The following briefly summarizes the core provisions covered by the Declaration of Easements and Restrictive Covenants: 1. Cross-Access Easement — Establishes temporary and permanent easements along the shared drive as shown in Exhibit A. Including the County's responsibility for ongoing repair and maintenance of the shared drive. Establishes a method for sharing mainteance costs based on the square footage of buildings located on the County's and Capkov's property. 2. Stormwater — Establishes temporary and permanent easements as well as terms for the construction, repair, and maintenance of the stormwater systems, including a cost-sharing agreement based on the square footage of impervious surface of the County's and Capkov's lots. Easement locations are shown on Exhibit B. Section 2 also includes a temporary stormwater drainage easement that will only be needed during construction, as shown in Exhibit C. 3. Temporary Construction Blanket Easement— Provides construction easements to Capkov in the event that the County does not move forward with the construction of the Crisis Diversion Facility.