AGENDA #4r
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Dry Creek Open Space: Acceptance of Donation of Property
DATE: August 28, 2000
The attached resolution would accept a donation of 35 acres of open space property adjacent to Dry Creek from Eastowne Associates, LLC and authorize the Manager to convey the title to the Town.
The resolution would also express the Town’s gratitude to Edward Pizer and Eastowne Associates for their generous offer to donate this property.
In 1991, the Town of Chapel Hill, Orange County, City of Durham, and Durham County adopted the New Hope Corridor Open Space Master Plan. The approved plan identifies potential trails and areas to be protected along New Hope Creek and its various tributaries within both Orange and Durham Counties. The only portion of the plan physically within Chapel Hill’s Town limits and planning jurisdiction is Dry Creek, which is a tributary of New Hope Creek. The Plan includes a trail north of I-40 that would connect Chapel Hill to Durham via a trail system.
On June 23, 1997, the Council adopted the “Dry Creek Greenway Conceptual Report to the Town Council”, which set as a goal the construction of a trail along Dry Creek from East Chapel Hill High School to Eastowne. A branch of the trail would include a public trail north of I-40 that would connect the Chapel Hill and Durham trail systems.
On May 26, 1998, the Council adopted the “Chapel Hill Greenways Comprehensive Master Plan”. The plan includes the extension of a trail north of I-40 from Erwin Road to the Durham County line. Please see attached pages from the Report.
In September 1998, the Town received notification of award of a $200,000 Clean Water Management Trust Fund Grant to purchase property north of I-40 and east of Erwin Road. In addition to the Eastowne Associates donation we are working toward purchase of a second tract north of I-40.
Eastowne Associates, LLC have offered to donate 35 acres of the Eastowne property to the Town, contingent upon:
· Acceptance of the property within the North Carolina Conservation Tax Credit program.
· The Town’s agreement to pay prorated real estate taxes from the date of title transfer until the end of the calendar year in which the transfer takes place. Annual property taxes are approximately $12,000.
· The Town’s agreement to pay any actual expenses related to the transfer of title. We believe that total expenses should be under $5,000 and could be paid from the Clean Water Management Fund grant.
The property is split into two tracts by I-40. Please see the attached map. The southern tract is approximately 17 acres and the northern parcel consists of about 18 acres. Both pieces are heavily wooded and contain areas that are likely wetlands.
Both tracts have significant value as conservation areas including preservation of riparian buffers, protection of probable wetlands, protection of a biologically important area, and enlargement of protected open space areas.
The southern 17-acre tract is identified as part of the Cedar Terrace Bottoms natural area described in the Triangle Land Conservancy’s 1988 “Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina”. The Town has already acquired a significant portion of the Cedar Terrace Bottoms through various dedications of recreation areas during the creation of subdivisions of land.
In order to build any future trail in cooperation with Durham, the Town would need to either own the northern 18 acres or control an easement across the property. Ownership of this property would provide an important link in any future trail corridor between the Town and Durham.
This donation would take a portion of the Rural Buffer out of private ownership and allow it to be preserved as open space. If it remains in private ownership, the northern parcel could technically be developed as residential property using a spray septic system.
Greenways Commission’s Recommendation: On August 9, 2000, the Greenways Commission voted unanimously (5-0) to recommend that the Council accept the donation of 35 acres of property along Dry Creek. Please see the attached Greenways Commission’s recommendations.
Manager’s Recommendation: That the Council adopt the attached resolution accepting the donation of 35 acres of property along Dry Creek for the purposes of preserving open space and provision of a future trail corridor.
1. Pages 32-34 of the “Dry Creek Greenway Conceptual Plan” (p. 5).
2. Pages 46 and 50 of the “Chapel Hill Greenways Comprehensive Master Plan” (p. 9).
3. Map of the proposed donation (p. 12).
4. Greenways Commission’s recommendations (p. 13).
A RESOLUTION ACCEPTING THE DONATION OF 35 ACRES OF PROPERTY ALONG DRY CREEK (2000-08-28/R-13)
WHEREAS, the Town Council has adopted the New Hope Creek Corridor Master Plan, the Dry Creek Greenway Conceptual Plan, and the1998 Greenways Comprehensive Master Plan, all which recommend the construction of a trail along Dry Creek north of I-40; and
WHEREAS, Eastowne Associates has offered to donate the property to the Town contingent upon the acceptance of the property into the North Carolina Conservation Tax Credit program and the Town’s agreement to pay prorated real estate taxes and any reasonable expenses related to the transfer of title; and
WHEREAS, the offered property contains biologically significant areas; and
WHEREAS, the offered property would expand the Town’s open space properties along Dry Creek; and
WHEREAS, the Town’s existing Clean Water Management Trust Fund Grant can be used to pay the costs related to transfer of the property;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby accepts the donation of 35 acres of property, identified as Chapel Hill Tax Map 7. 26..17 from Eastowne Associates, LLC.
BE IT FURTHER RESOLVED by the Council that the Manager is authorized to reimburse Eastowne Associates, LLC for all reasonable expenses related to transfer of the property including legal fees, recordation fees, and other related expenses. The Council also authorizes the Manager to pay the prorated cost of real estate taxes on the property from the date of transfer until the end of the calendar year in which the transfer takes place.
BE IT FURTHER RESOLVED by the Council that the Manager is authorized to use funds from the existing Clean Water Management Trust Fund grant to pay the costs related to transfer of the property.
BE IT FURTHER RESOLVED that the Council expresses its gratitude to Edward Pizer and Eastowne Associates for its generous donation of biologically important open space property for the enjoyment of current and future citizens of Chapel Hill.
This the 28th day of August 2000.