AGENDA ITEM REPORT
Forsyth County
MEETING DATE: August 19, 2021 CONTRACT
NUMBER:
STAFF CONTACT:
Chelsea L Swaim, Property Manager
DEPARTMENT: General Services
SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF EASEMENTS FROM THE CITY OF WINSTON-SALEM RELATING TO THE
CONSTRUCTION AND OPERATION OF THE NEW KALEIDEUM MUSEUM LOCATED AT 120 W. THIRD STREET
ATTACHMENTS: Resolution-2021-187 - City of WS Easement - Kaleideum - Pdf
RESOLUTION AUTHORIZING THE ACCEPTANCE OF EASEMENTS FROM THE CITY OF WINSTON-SALEM RELATING TO THE CONSTRUCTION AND OPERATION OF THE NEW
KALEIDEUM MUSEUM LOCATED AT 120 W. THIRD STREET
WHEREAS the Forsyth County Board of County Commissioners adopted a resolution on February 28, 2019 amending the 2016 Kaleideum Capital Projects Ordinance to increase the project budget to $30,500,000.00, to fund the upcoming construction of the Kaleideum Museum which will be located at 120 W. Third Street, Winston-Salem;
WHEREAS on June 24, 2019, Forsyth County executed a 50-year lease with the City of Winston-Salem for use of the adjoining Liberty Plaza space to support the museum operations;
WHEREAS Forsyth County is requesting easements on the leased space from the City of Winston-Salem in order to proceed with the construction of the new Kaleideum Museum, including easements for to access City of Winston-Salem’s owned real property for stormwater drainage installations, landscaping, sewer service lines, and water service lines;
NOW, THEREFORE, BE IT RESOLVED that the Forsyth County Board of
Commissioners hereby authorizes the acceptance of easements to access portions of the City of Winston-Salem’s owned real property located along Third Street and Town Run Lane to construct and operate the new Kaleideum Museum within designated portions of the easement area, for consideration of $10.00;
BE IT FURTHER RESOLVED by the Forsyth County Board of Commissioners that the Chairman or County Manager and Clerk to the Board are hereby authorized to execute, on behalf of Forsyth County, the attached Easement document, or an agreement in substantially the same form, and any other necessary documents to accept the above-described access easements from the City of Winston-Salem, subject to a pre-audit certificate thereon by the County Chief Financial Officer, if applicable, and approval as to form and legality by the County Attorney; and
BE IT FURTHER RESOLVED that this resolution ratifying interlocal cooperation between Forsyth County and the City of Winston-Salem is hereby spread upon the minutes of the Forsyth County Board of Commissioners.
Adopted this the 19th day of August 2021.
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Drafted by: Fred Johnson, Assistant County Attorney, Return by interoffice mail requested
NORTH CAROLINA
FORSYTH COUNTY EASEMENTS FOR
DRAINAGE, OUTDOOR SEATING, LAND SCAPING SEWER SERVICE LINES, AND WATER SERVICE
THIS GRANT OF EASEMENT, made this _______ day of __________________, 2021, by City of Winston-Salem, party of the first part, hereinafter called the Grantor, to Forsyth County, a Political subdivision of the State of North Carolina, party of the second part, hereinafter called the Grantee.
W I T N E S S E T H:
A. That the Grantor, in consideration of Ten Dollars ($10.00) and other valuable consideration to them paid by the Grantee, receipt of which is hereby acknowledged, has bargained and sold, and by these presents do bargain, sell and convey unto the Grantee its successors and assigns the following easements:
1. An easement for the purpose of installing stormwater drainage facilities and outdoor seating in the area described as Easement Number 1 on Exhibit A, entitled
“Kaleideum Easement Areas”, with such exhibit incorporated herein by reference.
2. An easement for the purposes of landscaping in the area described as Easement Number 2 on Exhibit A.
3. An easement for the purposes of landscaping in the area described as Easement Number 3 on Exhibit A.
4. [Omitted.]
5. An easement for the purpose of installing and maintaining a sewer service line in the area described as Easement Number 5 on Exhibit A.
6. An easement for the purpose of installing and maintaining water service lines in the area described in Easement Number 6 on Exhibit A.
7. An easement for the purpose of installing and maintaining sewer service lines in the area described as Easement Number 7 on Exhibit A.
8. An easement for the purpose of installing and maintaining stormwater drainage facilities in the area described as Easement Number 8 on Exhibit A.
9. An easement for the purpose of installing and maintaining stormwater drainage facilities in the area described as Easement Number 9 on Exhibit A.
10. An easement for the purpose of installing and maintaining stormwater drainage facilities in the area described as Easement Number 10 on Exhibit A.
11. An easement for the purpose of installing and maintain water storage lines in the area described as Easement Number 11 on Exhibit A.
B. The above-described easements are shown the map attached Exhibit B, entitled
“Kaleidium Easement Plot”, which is attached hereto and incorporated herein for reference.
C. The above-described easements are subject to a separate maintenance agreement between Grantor and Grantee.
TO HAVE AND TO HOLD the aforesaid easement or right-of-way and all privileges and appurtenances thereunto belonging, to the Grantee and its successors and assigns.
[Signatures to Follow]
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IN TESTIMONY WHEREOF, the said party of the first part has hereunto set its hand and seal.
GRANTOR:
City of Winston-Salem
By: ______________________________
Name: ____________________________
Title: _____________________________
Date: _____________________________
STATE OF _________________
COUNTY OF __________________
I, __________________, a Notary Public of the aforesaid County and State, do hereby certify that ________________ personally appeared before me this day and acknowledged that he/she is the __________________, of the City of Winston Salem, a North Carolina Municipal
Corporation, and that he/she as being authorized to do so, executed the foregoing on behalf of the company.
WITNESS my hand and Notarial Seal this the _____ day of ____________, 2021 ____________________________________
Notary Public
My commission expires:_________________
EXHIBIT A – KALEIDEUM EASEMENT AREAS
EASEMENT NO. 1
DRAINAGE AND OUTDOOR SEATING EASMENT
BEGINNING at an existing magnetic nail in the southeast intersection of Third Street and Town Run Lane said nail being the northwest corner of the Forsyth County Property as recorded in Deed Book 1821, Page 235; thence on a new line the three (3) following courses and distances:
1) N. 06°44’08” W. 9.43’ to a point within the right-of-way of said Third Street; thence 2) N.
83°14’05” E. 49.33’to a point within the right-of-way of said Third Street; thence 3) S.
07°09’58” E. 9.10’ to a point in the southern right-of-way of said Third Street; thence with said right-of-way S. 82°50’56” W. 49.40’ to the place of BEGINNING and containing 458 square feet more or less.
EASEMENT NO. 2 LANDSCAPE EASEMENT
COMMENCING at an existing ½” rebar in the southern right-of-way of Third Street said rebar being the northeast corner of the Forsyth County Property as recorded in Deed Book 1821, Page 235 and the northwest corner of the Forsyth County Property as recorded in Deed Book 2352, Page 1930; thence with the right-of-way of said Third Street N. 82°44’40” E. 13.53’ to the place of BEGINNING; thence on a new line the three (3) following courses and distances: 1) N.
06°54’55” W. 8.56’ to a point within the right-of-way of said Third Street; thence 2) N.
83°04’17” E. 74.31’to a point within the right-of-way of said Third Street; thence 3) S.
06°58’24” E. 8.14’ to a point in the southern right-of-way of said Third Street; thence with said right-of-way S. 82°44’40” W. 74.32’ to the place of BEGINNING and containing 621 square feet more or less.
EASEMENT NO. 3 LANDSCAPE EASEMENT
COMMENCING at an existing PK nail in the southwest intersection of Third Street and Liberty Street said PK nail being the northeast corner of the Forsyth County Property as recorded in Deed Book 2352, Page 1930; thence with the right-of-way of said Third Street S. 82°44’40” W.
0.83’ to the place of BEGINNING thence with the southern right-of-way of said Third Street S.
82°44’40” W. 102.88’ to a point; thence on a new line the three (3) following courses and distances: 1) N. 06°58’24” W. 8.07’ to a point within the right-of-way of said Third Street;
thence 2) N. 83°01’36” E. 102.88’to a point within the right-of-way of said Third Street; thence 3) S. 06°58’24” E. 7.57’ to the place of BEGINNING and containing 805 square feet more or less.
EASEMENT NO. 4 [Omitted]
EASEMENT NO. 5
20’ SEWER SERVICE LINE EASEMENT
COMMENCING at an existing 3/8” solid iron in the eastern right-of-way line of Town Run Lane, said iron being the southwest corner of the Forsyth County property as recorded in Deed Book 1821, Page 242 and a northwest corner of Liberty Plaza, LLC as recorded in Deed Book 3142, Page 2264; thence with said eastern right-of-way line of Town Run Lane N. 06°45’21” W.
38.00’ to a point, the place of BEGINNING; thence within said Town Run Lane right of way the following three (3) new courses and distances: 1) S. 83°11’42”W. 21.49’ to a point; thence 2) N.
06°48’18” W. 20.00’ to a point; thence 3) N. 83°11’42” E. 21.51’ to a point in the eastern right- of-way line of said Town Run Lane; thence with said eastern right-of-way line S. 06°45’21” E.
20.00’ to the place of BEGINNING and containing 430 square feet more or less.
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EASEMENT NO. 6
20’ WATER SERVICE LINES EASEMENT
COMMENCING at an existing 3/8” solid iron in the eastern right-of-way line of Town Run Lane, said iron being the southwest corner of the Forsyth County property as recorded in Deed Book 1821, Page 242 and a northwest corner of Liberty Plaza, LLC as recorded in Deed Book 3142, Page 2264; thence with said eastern right-of-way line of Town Run Lane N. 06°45’21” W.
42.00’ to a point, the place of BEGINNING; thence within said Town Run Lane right of way the following three (3) new courses and distances: 1) S. 83°11’42”W. 40.75’ to a point; thence 2) N.
06°48’18” W. 20.00’ to a point; thence 3) N. 83°11’42” E. 40.77’ to a point in said eastern right- of-way line of Town Run Lane; thence with said eastern right-of-way line S. 06°45’21” E.
20.00’ to the place of BEGINNING and containing 815 square feet more or less.
EASEMENT NO. 7
20’ SEWER SERVICE LINE EASEMENT
COMMENCING at an existing 3/8” solid iron in the eastern right-of-way line of Town Run Lane, said iron being the southwest corner of the Forsyth County property as recorded in Deed Book 1821, Page 242 and a northwest corner of Liberty Plaza, LLC as recorded in Deed Book 3142, Page 2264; thence with said eastern right-of-way line of Town Run Lane N. 06°45’21” W.
129.64’ to a magnetic reading in a concrete sidewalk, being the southwest corner of a second parcel of Forsyth County (Deed Book 1821, page 235, Forsyth County Registry), the place of BEGINNING; thence with said eastern right-of-way line of Town Run Lane S. 06°45’21” E.
10.74’ to a point; thence within said Town Run Lane right of way the following three (3) new courses and distances: 1) S. 83°14’04”W. 21.77’ to a point; thence 2) N. 06°45’56” W. 20.00’ to a point; thence 3) N. 83°14’04” E. 21.77’ to a point in said eastern right-of-way line of said Town Run Lane; thence with said right of way S. 06°46’43” E. 9.26’ to the place of BEGINNING and containing 435 square feet more or less.
EASEMENT NO. 8
20’ STORM DRAINAGE EASEMENT
COMMENCING at an existing magnetic nail marking the intersection of the eastern right of way line of Town Run Lane and the southern right of way line of Third Street and being the
northwest corner of the Forsyth County property as recorded in Deed Book 1821, Page 235;
thence with said eastern right-of-way line of Town Run Lane S. 06°46’43” E. 29.39’ to a point;
the place of BEGINNING; thence continuing with said eastern right-of-way line S. 06°46’43” E.
20.00’ to a point; thence within said Town Run Lane right of way the following three (3) new courses and distances: 1) S. 83°14’05”W. 28.37’ to a point; thence 2) N. 06°45’55” W. 20.00’ to a point; thence 3) N. 83°14’05” E. 28.38’ to a point in said eastern right of way line of Town Run Lane, the place of BEGINNING and containing 567 square feet more or less.
EASEMENT NO. 9
10’ STORM DRAINAGE & MAINTENANCE EASEMENT
BEGINNING at an existing magnetic nail marking the intersection of the eastern right of way line of Town Run Lane and the southern right of way line of Third Street and being the northwest corner of the Forsyth County property as recorded in Deed Book 1821, Page 235;
thence with said eastern right-of-way line of Town Run Lane S. 06°46’43” E. 49.39’ to a point;
thence within the right of way of Town Run Lane and Third Street the following four (4) new courses and distances: 1) S. 83°14’05”W. 10.00’ to a point; thence 2) N. 06°46’43 W. 58.83’ to a point; thence 3) N. 83°14’05” E. 10.01’ to a point; thence 4) S. 06°44’08” E. 9.43’ to the place of BEGINNING and containing 588 square feet more or less.
EASEMENT NO. 10
20’ STORM DRAINAGE & MAINTENANCE EASEMENT
COMMENCING at an existing ½” rebar in the southern right-of-way line of Third Street,being the northwest corner of the City of Winston-Salem property as recorded in Deed Book 2352, Page 1930 and the northeast corner of Forsyth County property as recorded in Deed Book 1821, Page 235; thence N. 82°44’40” E. 0.25’ to a point, the place of BEGINNING; thence within the right of way of Third Street the following six (6) new courses and distances: 1) N. 07°50’59” W.
6.56’ to a point; thence 2) N. 06°58’24”W. 26.76’ to a point; thence 3) N. 83°01’36” W. 20.00’
to a point; thence 4) S. 06°58’24” E. 16.68’ to a point; thence 5) N. 83°00’51” E. 8.60’ to a point; thence 6) S. 06°59’09” E. 16.51’ to a point in the southern right-of-way line of said Third Street; thence with said southern right-of-way of Third Street S.82°44’40” W. 28.51’ to a point, the place of BEGINNING and containing 807 square feet more or less.
EASEMENT NO. 11
20’ WATER SERVICE LINE EASEMENT
COMMENCING at an existing pk nail marking the intersection of the southern right of way line of Third Street and the western right of way line of Liberty Street, said pk nail marking the northeast corner of the City of Winston-Salem property as recorded in Deed Book 2352, Page 1930; thence with said southern right-of-way line of Third Street S. 82°44’50” W. 20.22’ to a point, the place of BEGINNING; thence continuing with said southern right-of-way line of Third Street, S. 82°44’40” W. 20.00 to a point; thence within the right of way of Third Street the following three (3) new courses and distances: 1) N. 06°51’37” W. 63.14 to a point; thence 2) N.
83°11’42” E. 20.00’ to a point; thence 3) S. 06°51’37” E. 62.99’ to a point in said southern right of way line of Third Street, the place of BEGINNING and containing 1261 square feet more or less.
