MEMORANDUM

AGENDA #7c

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Authorization to Recombine a Town-Owned Lot

DATE: January 14, 2002

The attached resolution would authorize the Manager to work with EmPOWERment, Inc. to proceed with a recombination of a Town-owned lot located at 501 Sykes Street with 503 Sykes Street, for the purpose of moving a lot line.

BACKGROUND

On February 28, 2000, the Council authorized the acquisition of 501 Sykes Street in the Northside neighborhood. At that time, the Council stipulated that the property would be placed in the Land Trust. In November 2000 the Town purchased 501 Sykes Street using $55,000 of Community Development Neighborhood Revitalization funds. The Town entered into a Performance Agreement with EmPOWERment, Inc. to renovate and sell this property. The property is currently under renovation and is near completion.

In December 2001, EmPOWERment, Inc. requested use of $35,000 of Community Development Neighborhood Revitalization funds to purchase 503 Sykes. EmPOWERment, Inc. intends to acquire, renovate and sell this property to a first time homebuyer (Please see related agenda item). EmPOWERment, Inc. submitted a survey of the property to the Town which showed that a portion of the house located at 503 Sykes Street is located on the lot of 501 Sykes Street. Please see Attachment 1 for a map illustrating the property lines.

DISCUSSION

Before we proceed with EmPOWERment, Inc.’s request to use Community Development funds to purchase 503 Sykes Street, we believe that it is important to clear up the lot line issue involved with this property, which currently has the property line running through the house. If the Council authorizes the Manager to proceed with a recombination of the two lots, EmPOWERment, Inc. would order a survey to reconfigure the lot lines to eliminate this problem. The recombination of the lots could then be administratively approved by the staff. We note that based on how the lot lines are reconfigured to meet Town requirements, it may be desirable for the owner of 501 Sykes Street (currently the Town) to grant an easement to the buyer of 503 Sykes Street for use of a portion of the property. We recommend that the Council authorize such an easement.

We note that a portion of the house located at 505 Sykes Street is located on the lot of 503 Sykes Street. We have determined that this would not impair EmPOWERment, Inc.’s or the subsequent buyer’s use of 503 Sykes Street.

RECOMMENDATION

We recommend that the Council adopt the attached resolution authorizing the Manager to work with EmPOWERment, Inc. to proceed with a recombination of a Town-owned lot located at 501 Sykes Street with 503 Sykes Street, to prepare an easement on the 501 Sykes Street property to allow use of a back yard by the 503 Sykes Street owner, and to sign plats to effect the recombination and easement.

ATTACHMENT

1. Map of 501 and 503 Sykes Street (p. 4).

A RESOLUTION AUTHORIZING THE MANAGER TO WORK WITH EMPOWERMENT, INC. TO PROCEED WITH A RECOMBINATION OF A TOWN OWNED LOT LOCATED AT 501 SYKES STREET WITH 503 SYKES STREET (2002-01-14/R-12c)

WHEREAS, the Town has an ongoing interest in community development activities in Chapel Hill; and

WHEREAS, it is important to clean up the lot line issues involving 501 and 503 Sykes Street;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council authorizes the Manager to work with EmPOWERment, Inc. to proceed with a recombination of a Town-owned lot located at 501 Sykes Street with 503 Sykes Street.

BE IT FURTHER RESOLVED that the Council authorizes the recording of an easement on a portion of the newly adjusted 501 Sykes Street property, to allow the owner of 503 Sykes Street use of a back yard.

BE IT FURTHER RESOLVED that the Council authorizes the Manager to sign necessary plats to change lot configuration and record the easement.

This the 14^th day of January, 2002.