Town of Chapel Hill header
File #: [23-0129]    Version: 1 Name:
Type: Consent Status: Passed
File created: 2/14/2023 In control: Town Council
On agenda: 2/15/2023 Final action: 2/15/2023
Title: Grant a Paved Walkway Easement and Access License and a Natural Gas Utility Easement on Town-owned Property at 130 E Rosemary St (Portion of Parking Lot 2) and Authorize the Town Manager to Execute the Documents.
Attachments: 1. Declaration of Restrictive Covenants within 30-foot area of eastern Lot 2, 2. Proposed paved walkway easement and exhibit, 3. Proposed natural gas utility easement and exhibit, 4. A RESOLUTION GRANTING A TEMPORARY CONSTRUCTION EASEMENT AND ACCESS LICENSE AT 100 E ROSEMARY (LOT 2) AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE DEED OF EASEMENT. (2023-02-15/R-1.01), 5. A RESOLUTION GRANTING A NATURAL GAS UTILITY EASEMENT AT 100 E ROSEMARY (LOT 2) AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE DEED OF EASEMENT. (2023-02-15/R-1.02)


title
Grant a Paved Walkway Easement and Access License and a Natural Gas Utility Easement on Town-owned Property at 130 E Rosemary St (Portion of Parking Lot 2) and Authorize the Town Manager to Execute the Documents.
body

Staff:
Department:
Chris Blue, Interim Town Manager
Manager's Office
Mary Jane Nirdlinger, Deputy Town Manager

Dwight Bassett, Director
Economic Development and Parking Services

Overview:
* The paved walkway will extend from the existing Rosemary Street sidewalk to the building entrance in the area.
* The utility easement would allow an existing natural gas line serving the building to be relocated to along the western side of the 136 E. Rosemary Street building.
* Both rights would be along the building and within a recorded 30-foot Restrictive Covenants Area.

Background:
On June 24, 2020, Council approved rezoning the 136/137 property for a redevelopment project.

Restrictive Covenants Area
Both easements would be located adjacent and parallel to the 136 E. Rosemary Street building and within a 30-foot wide area (Restrictive Covenants Area) along the eastern end of Town-owned Parking Lot 2 (Lot 2), upon which the Town has recorded covenants restricting improvements in this area as a short-term solution to addressing fire access issues related to the 136/137 project. The restrictive covenants are revocable by the Town and enforceable only by the Town.

Construction Staging Area
Most of the Restrictive Covenants Area is within a wider area along the upper, eastern portion of Lot 2 (with the current address of 130 E. Rosemary Street) over which the Town has granted Grubb Management, LLC (Licensee) a license for a construction staging area serving the 136/137 renovation and other projects as contemplated by the October 14, 2020 Economic Development Agreement between the Town and Grubb Management, LLC (subsequently assigned to Franklin Office Chapel Hill, LLC).

When the construction staging area in the easternmost portion of the To...

Click here for full text