A RESOLUTION AUTHORIZING THE MANAGER TO EXECUTE AN EASEMENT TO PERMIT AN EXISTING BUILDING TO ENCROACH INTO THE RIGHT-OF-WAY OF BROOKGREEN DRIVE (2006-10-09/R-7)

WHEREAS, the Town has been asked to grant an easement to permit an existing building to encroach into the right of way of Brookgreen Drive in the Southern Village development; and

WHEREAS, the right-of-way encroachment of the structure varies from 2.4 inches to 4.92 inches along the length of the building; and

WHEREAS, the Town Council has determined that granting of the requested easement to permit the structure to remain at the existing location would not substantially impair or hinder the use of the street as a way of passage;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Town Manager is authorized to grant the requested easement to permit said structure to remain within the public right-of-way of Brookgreen Drive as described above, subject to the proviso that indemnification language acceptable to the Town Attorney be included in the easement document.

This the 9^th day of October, 2006.