AGENDA #4b
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Donation of Property by Duke Energy Company
DATE: June 10, 2002
The attached resolution would accept with thanks a 1.9 acre donation of property from Duke Energy Company. The property could be used to provide access to the Merritt Pasture. Please see the attached map.
The Town purchased the Merritt Pasture in 1991 for $400,000, using the proceeds of the 1989 Parks bond.
In January 1999, the local media ran several prominent news stories related to the Merritt Pasture and its use as an informal dog park. As a result, pedestrian use became very heavy in a short period of time. Many users parked along the eastbound entrance ramp from 15-501 onto Fordham Boulevard. In March 1999 the Council authorized the Manager to restrict parking along Fordham Boulevard because of safety issues.
On April 26, 1999, the Council charged the Greenways and Parks & Recreation Commissions to investigate potential access to the Town’s Merritt Pasture. The Commissions created a Committee consisting of members of both Commissions, nearby residents, and citizens at large. The Merritt Pasture Access Committee started its work in February 2000 and finalized its Report on August 29, 2000.
On November 27, 2000, the Council adopted the Report, which included a recommended plan related to gaining public access to the pasture.
DISCUSSION
Description of the Duke Energy Property: The property proposed to be donated is a 1.9-acre parcel bounded to the north by the remainder of the Duke Energy property, to the south by Morgan Creek, to the east by the Merritt Pasture, and to the west by Highway 15-501. The land is totally within the Morgan Creek Resource Conservation District and the 100 year floodway.
Potential Use of the Property: This donation would allow the Town to connect its properties along Morgan Creek to the Merritt Pasture, assuming that permission would be granted by NCDOT to cross under the highway 15-501 bridge over Morgan Creek. Except for the NCDOT right-of-way the Town would own an unbroken swath of property east to the Morgan Creek Road neighborhood, south to Culbreth Road, north to Fordham Boulevard, and west to another Duke Energy parcel adjacent to Kingswood Apartments.
Budget: Duke Energy officials have indicated that they would donate the property if the Town would agree to pay the survey and legal costs associated with preparation of the deed. We project that these costs should be $5,000 or less and that they can be paid from the 1996 Open Space bond fund.
Manager’s Recommendation: That the Council adopt the attached resolution, which would accept the donation with thanks and authorize the Manager to pay for the costs of the transaction up to $5,000.
ATTACHMENTS
1. Sketch showing the proposed donation and the Merritt Pasture (p. 4).
A RESOLUTION ACCEPTING, WITH THANKS, THE DONATION OF APPROXIMATELY 1.9 ACRES OF PROPERTY FROM DUKE ENERGY COMPANY (2002-06-10/R-3)
WHEREAS, on November 27, 2000, the Council adopted the “Report of the Merritt Pasture Access Committee to the Town Council”; and
WHEREAS, the Report contained recommendations related to gaining public access to the Merritt Pasture; and
WHEREAS, the property proposed for donation is a vital link in the adopted plan for providing public access to the Merritt Pasture;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council accepts the donation of approximately 1.9 acres of property from the Duke Energy Company.
BE IT FURTHER RESOLVED that the Council authorizes the Manager to pay the costs related to transfer of the property up to $5,000.
BE IT FURTHER RESOLVED that the Council thanks the Duke Energy Company for its generous donation of land that is crucial for public enjoyment and use of an important area of public open space.
This the 10th day of June, 2002.