Town of Chapel Hill header
File #: [23-0119]    Version: 1 Name:
Type: Consent Status: Held
File created: 1/24/2023 In control: Town Council
On agenda: 2/15/2023 Final action: 2/15/2023
Title: Grant a Paved Walkway Easement 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 Easements.
Attachments: 1. 6800-376 OCR Declaration of Restrictive Covenants.pdf, 2. 4858-4262-5855 1 GRUBB 136 E Rosemary Public Access Easement, 3. Town of Chapel Hill natgaseasement, 4. Council Questions with Staff Response
Related files: [20-0643], [20-0465]


title
Grant a Paved Walkway Easement 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 Easements.
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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 easement 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 along the western side of the 136 E. Rosemary Street building.
* Both easements would be along the building and within a recorded 30-foot no-build area.

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

No-Build Area/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 Town's Lot...

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