Loading...
HomeMy WebLinkAbout031026 Special Meeting Minutes Southwest Water and Sewer DistrictHARNETT COUNTY BOARD OF COMMISSIONERS Special Session Minutes March 10, 2026 The Harnett County Board of Commissioners sitting as the governing body ofthe Southwest Water and Sewer District met in special session on Tuesday, March 10, 2026 at 9:00 am, in the Training Room 103A, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: Duncan E. Jaggers, Chairman Matthew B. Nicol, Vice Chairman William Moms, Vice Chairman Barbara McKoy, Commissioner Member absent: W. Brooks Matthews, Commissioner Staff present: Brent Trout, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa Capps, Clerk Christopher Appel, Senior Staff Attorney Tommy Bums, Harnett Regional Water Director Chairman Jaggers called the meeting to order at 11:28 am. Tommy Bums, Harnett Regional Water Director reviewed a request to approve of an easement for a pipeline right-of-way located on Fort Bragg Military Reservation for the Highway 87 Force Main Project. Vice Chairman Nicol made a motion approve an easement for a pipeline right-of-way located on Fort Bragg Military Reservation for the Highway 87 Force Main Project. The motion was seconded by Commissioner Morris. Vice Chairman Nicol stated this has been a long time coming and this easement frees up capacity on the western side down Highway 87. This will hopefully bring m the economic growth we are looking for down there and we won't have any holdups as far as water and sewer resources go. Chairman Jaggers called for a vote on the motion to approve the easement. Motion carried unanimously. (Attachment 1) Vice Chairman Nicol made a motion to adjourn at 11:30 am. The motion was seconded by (Commissioner Morrisandcarried unanimously. Duncan E. Jagg s, irm h Melissa D. Capps, Jerk Harnett County Board of Commissioners silting as Southwest Water and Sewer District March 10, 2026 Special Session Minutes Page 1 of 1 Easement No. DACA21-2-25-0027 ATTACHMENTI DEPARTMENT OF THE ARMY EASEMENT FOR PIPELINE RIGHT-OF-WAY LOCATED ON FORT BRAGG MILITARY RESERVATION CUMBERLAND COUNTY. NORTH CAROLINA THE SECRETARY OF THE ARMY, under and by virtue of the authority vested in the Secretary by Title 10, United States Code, Section 2668, having found that the granting of this easement will be in the public interest and will not substantially injure the interests of the United States, hereby grants to SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, hereinafter referred to as the grantee, a fifty (50) year easement for the operation, and maintenance of sanitary sewer lines and a five (5) year temporary easement for construction and installation of the sanitary sewer lines, hereinafter referred to as the facilities consisting of approximately a total of 18.30 acres, over, across, in and upon the lands of the United States as identified in Exhibit A — Maps hereinafter referred to as the premises, and which is attached hereto and made a part hereof. THIS EASEMENT is granted subject to the following conditions. 1. TERM a. The Fifty (50) year easement of 9.15 acres is hereby granted across the property described in EXHIBITS A & B for a term of Fifty (50) years, beginning May 1, 2026, and ending April 30, 2076. b. The Five (5) year easement of approximately 9.15 acres is hereby granted across the property described in EXHIBITS A & B, for a term of Five (5) years, beginning May 1, 2026 and ending automatically April 30, 2031, or upon notification that construction and restoration is complete, whichever is earlier. FAKd*1:691r]4cL\l[O 2 a. Regarding the Fifty (50) year easement the Grantee shall pay in advance to the United States a one-time payment in the amount of Forty -Nine Thousand Four Hundred and No/100 Dollars ($49,400.00) in full for the term hereof. Payable to the order of the Finance and Accounting Officer, Savannah District and delivered to US Army Corps of Engineers, Savannah District, Attention: CESAS-RE-M, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604. b. Regarding the Five (5) year easement the Grantee shall pay in advance to the United States a one-time payment in the amount of Thirty -Five Thousand Two Hundred and No/100 Dollars ($35,200.00) in full for the term hereof. Payable to the order of the Finance and Accounting Officer, Savannah District and delivered to US Army Corps of Engineers, Savannah District, Attention: CESAS-RE-M, 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604. Easement No. DACA21-2-25-0027 3. NOTICES All correspondence and notices to be given pursuant to this easement shall be addressed, if to the grantee, SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY, PO BOX 759 LILLINGTON, NC 27546-0000 and, if to the United States, to the Real Estate Contracting Officer, Attention: Chief, Real Estate Division, US Army Engineer District, Savannah District, 100 West Oglethorpe Avenue, Savannah, Georgia, 31401-3604, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", "Real Estate Contracting Officer", "Installation Commander", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include assignees, transferees, and their duly authorized representatives. S. SUPERVISION BY THE INSTALLATION COMMANDER The construction, operation, maintenance, repair, or replacement of said facilities, including culverts and other drainage facilities, shall be performed at no cost or expense to the United States and subject to the approval of the Installation Commander, Fort Bragg, North Carolina, hereinafter referred to as said officer. Upon the completion of any of the above activities, the grantee shall immediately restore the premises to the satisfaction of said officer. The use and occupation of the premises for the purposes herein granted shall be subject to such rules and regulations as said officer prescribes in writing from time to time. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances, and regulations wherein the premises are located. 7. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows the condition, and understands that the same is granted without any representation or warranties whatsoever and without any obligation on the part of the United States. 8. INSPECTION AND REPAIRS The grantee shall inspect the facilities at reasonable intervals and immediately repair any defects found by such inspection or when required by said officer to repair any such defects. Easement No. DACA21-2-25-0027 9. PROTECTION OF GOVERNMENT PROPERTY The grantee shall be responsible for any damage that may be caused to the property of the United States by the activities of the grantee under this easement and shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to said officer, or at the election of said officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 10. RIGHT TO ENTER The right is reserved to the United States, its officers, agents, and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to remove timber or other material, except property of the grantee, to flood the premises and/or to make any other use of the lands as may be necessary in connection with government purposes, and the grantee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 11. TRANSFERS AND ASSIGNMENTS Without prior written approval by said District Engineer, the grantee shall neither transfer nor assign this easement or any part thereof nor grant any interest, privilege or license whatsoever in connection with this easement. The provisions and conditions of this easement shall extend to and be binding upon and shall inure to the benefit of the representatives, successors and assigns of the grantee. 12. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 13.SUBJECT TO EASEMENTS This easement is subject to all other existing easements, or those subsequently granted as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the grantee, and easements will not be granted which will, in the opinion of said officer, interfere with the use of the premises by the grantee. Easement No. DACA21-2-25-0027 14. REQUIRED SERVICES The grantee shall furnish through said facilities such services as may be required from time to time for governmental purposes, provided that payment for such service will be made by the United States at rates which shall be mutually agreeable, but which shall never exceed the most favorable rates granted by the grantee for similar service. 15. RELOCATION OF FACILITIES In the event all or any portion of the premises occupied by the said facilities shall be needed by the United States, or in the event the existence of said facilities is determined to be detrimental to governmental activities, the grantee shall from time to time, upon notice to do so, and as often as so notified, remove said facilities to such other location on the premises as may be designated by said officer. In the event said facilities shall not be removed or relocated within ninety (90) days after such notice, the United Stales may cause such relocation at the sole expense of the grantee. Lr•'ilil=I:ll,ll:f3ir•]2 This easement may be terminated by the Secretary upon 30 days written notice to the grantee if the Secretary shall determine that the right-of-way hereby granted interferes with the use or disposal of said land by the United States, or it may be revoked by the Secretary for failure of the grantee to comply with any or all of the conditions of this easement, or for non-use for a period of two (2) years, or for abandonment. fiti7�3.]ICI_lilr]`.TL51�:�tZ�]i1;9d:?,931G The grantee shall maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the grantee during the term of this easement, and the grantee shall take appropriate measures to prevent or control soil erosion within the right-of-way herein granted. Any soil erosion occurring outside the premises resulting from the activities of the grantee shall be corrected by the grantee as directed by said officer. 18. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties hereto shall protect the premises against pollution of its air, ground, and water. The grantee shall promptly comply with any laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is strictly prohibited. Such regulations, conditions, or instructions in effect or prescribed by the said Environmental Protection Agency or any Federal, state, interstate or local governmental agency are hereby made a condition of this easement. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge Easement No. DACA21-2-25-0027 will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The use of any pesticides or herbicides within the premises shall be in conformance with all applicable Federal, state and local laws and regulations. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. c. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the grantee's activities, the grantee shall be liable to restore the damaged resources. 19. ENVIRONMENTAL CONDITION OF PROPERTY AnFF...: FRAFFI...d..l r....&08A of Denne.ty /CED\ dated dnn ment nn 20. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and material from further disturbance until said officer gives clearance to proceed. 21. NON-DISCRIMINATION The grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin, or religion in the conduct of operations on the premises. 22. RESTORATION On or before the expiration or termination of this easement, the grantee shall, without expense to the United States, and within such time as said officer may indicate, remove said facilities and restore the premises to the satisfaction of said officer. In the event the grantee shall fail to remove said facilities and restore the premises, the United States shall have the option to take over said facilities without compensation, or to remove said facilities and perform the restoration at the expense of the grantee, and the grantee shall have no claim for damages against the United States or its officers or agents for such action. Easement No. DACA21-2-25-0027 23. EXECUTIVE ORDER 13658 It has been determined this contract is not subject to Executive Order 13658 or the regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order. 24. EXECUTIVE ORDER 13658 HOLD HARMLESS AND INDEMNIFICATION If a duly authorized representative of the United States discovers or determines, whether before or subsequent to executing this contract, that an erroneous determination regarding the applicability of Executive Order 13658 was made, contractor, to the extent permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents, and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines, penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part, the erroneous Executive Order 13658 determination. This includes contractor releasing any claim or entitlement it would otherwise have to an equitable adjustment to the contract and indemnifying and holding harmless the United States from the claims of subcontractors and contractor employees. 25. EXECUTIVE ORDER 13706 It has been determined this contract is not subject to Executive Order 13706 or the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the Executive Order. +T�r]I•-1r3/_1LU4J This instrument is effective only insofar as the rights of the United States in the property are concerned, and the grantee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this easement does not eliminate the necessity of obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. Section 403), Section 404 of the Clean Water Act (33 U.S.C. Section 1344) or any other permit or license which may be required by Federal, state or local statute in connection with use of the premises. {Signature Pages Follow) Easement No. DACA21.2-25-0027 THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the ARMY, this day of 2026. STATE OF GEORGIA )as. COUNTY OF CHATHAM ) Jereme R. DeGarlais Savannah District Real Estate Contracting Officer a Notary Public, in and for said County in said State, hereby certify that Jereme R. DeGarlais, whose name as Real Estate Contracting Officer is signed to the foregoing instrument, and who is known to me, acknowledged before me on this day that, being informed of the contents of the instrument he, as such officer and with full authority, executed the same voluntarily for and as the act of the United States. Given under my hand this day of , 2026. Notary Public <<SEAL>> My commission number: My Commission Expires: Easement No. DACA21-2-25-0027 THIS EASEMENT is also executed by the Grantee this day of ,2026. SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY FW NAME: DUNCAN E. JAGGERS TITLE: CHAIRMAN STATE OF ) as. COUNTY OF ) On this day of , 2026, before me the undersigned Notary Public, personally appeared , known to me to be the person described in the foregoing instrument, who acknowledged that they executed the same in the capacity therein stated and for the purposes therein contained. Given under my hand this day of , 2026. <<SEAL>> My commission number: My Commission Expires. Notary Public 0 Easement No. DACA21-2-25-0027 CERTIFICATE OF AUTHORITY I certify that I am the of (name) (title) HARNETT COUNTY. that (signator of outgrant) who signed the foregoing instrument on behalf of the grantee was then of (title of signator of outgrant) HARNETT COUNTY. I further certify that the said officer was acting within the scope of powers delegated to this governing body of the grantee in executing said instrument. HARNETT COUNTY Date: Clerk or Appropriate 0 �i ;Ei't �/ V.a�erMan-no'ro scale fi.:., ...,i¢, '�:X-'• �� 7.�» �_ FomWhEasrwr SuwY n m'b>ranaaly WNWw iowNi. lbM Laves f Yvr6�f funH ...aru�v'iK' .....a� s +�r N m x x m n i 3 m m N N 3 m z 0 v D O D N N N O N I 1 4 4r Easement No. DACA21-2-25-0027 Vk&W Map- Not to So* a T 1� cxsrnic sou: ; e ���� Fo'n Man Nannrnl S.nw'y m. �wle® .u-'.s �aY»a Mvd�blwrN�h. flwPCw[H � � ��y� a OI 4F a �, 12 Easement No. DACA21-2-25-0027 • . t 4a:4 Vkk*Ale,, - Not to Scale «F Y t II wk I S + + yew{ ......-. - iw n � ri f ., u u .0 ., :ems -'cr �:.A:4Me r.•�i � , Arortarno-yo a. Ilk 13 A / w r� VOPNy MW- Not to SWAB t _ t. 9 a t err ^.. fR.1PML SCg1E �J Fem Ma^Efgafe 5urory = ~ �+ .,. v �y AYV A.Nx�m Lrte4 Tam�l!�. �.nJN O� ilwnMLeu+ryyNaM La�Mr� NemeXfdnry m rw - � � rwuq} �r� �j "^ Easement No. DACA21-2-25-0027 F, F �t vmixw seen ma �� r.�T rr mcu M1wuc•w. "�°°`'.t""�"+F� .�� �� u. cwMr 15 Easement No. DACA21-2-25-0027 16 Easement No. DACA21-2-25-0027 L L % 10 P 17 . y°2.� � . 2 � s..r . .,.v.�=may : �� . : «�.� «z2� y.� . ��� \� � «°w»©t2?««\/� °��: %© . . . � . . . .. . s ��:gym°. d\y\^/� ~�� \\�\ ��.: Jy?�.� .: w� 2 : — v« ! 7: «, . < y<< a� A: d:� y �«�<?2©°©~ » \ \/� max. ,ez. . � � :. .�.>. � 2< � �.� . ; © d » d 2 « \�2»; >. :. ..\\/»/ d,» «: «� «- . � \�km�����\ � ��\:�: � - \� t� ! +� � � 2 � � _� � � ; � >� s - �d \� .yam y� e. � \\\..m ., m � � sw � � � � � � � �� . ?� =y . . � aw «:� � � �� � Easement No. DACA21-2-25-0027 ® ?\7 ƒ d & §44 �* Easement No. DACA21-2-25-0027 I F i3 t� pl :i tt 0�1 Fit i f ,✓ 1 y J y 1. WW �4 ((5`•F 3 � 'HJ111 'i `i l:111 I`{ n; 1 r � II ....,(•I 11 IP111 HI i HII i I:`r: ! � .gyp . �, Slllltjf:%!r 1 II.L.. .....'.� •_ � � f OI+I/1)1111 { / I y I UN.i� AIL• i ! 15i f ! I 21 N '- \ •' MAP LEGEND ENCROACHMENT ONTO GOUT LAND EE ' fE£T GPAPXIC SCL:E w.nwtims. w SfA DTyJ rr CQYTMCT2: SWT.. WRSTEWATER Xf iCgCCTI PVMP $TATgX Wm Cv s�sacw u.wreux s nae.ro�TORCE�Nµ