Item:
Title
Approval of the 500 E. Main St. Stormwater Control Measure and Public Pedestrian Access Easements and Plats and to Authorize the County Manager to execute the Second Amendment to the Master Declaration Agreement
Body
Date of BOCC Meeting: April 13, 2026
Request for Board Action:
Agenda Text
The Board is requested to approve Stormwater Control Measure and the Public Access Easement Dedications and Plats for the 500 E. Main St. redevelopment and authorize the County Manager to execute the Second Amendment to the Master Declaration Agreement (See attachments listed below).
Stormwater Control Measure Access Easement:
The City is requesting a stormwater control measure access easement which will grant the City of Durham and their assignees right of access to the permanent stormwater water control measures in the 500 deck for inspections and enforcement of operation and maintenance. The operation and maintenance and reconstruction responsibility of the SCM’s located within the access and maintenance easement rests with the County (as the owner) per section 70-743 of the City Code. Approval and dedication of this access easement is a condition of the final Certificate of Compliance which has not been issued pending its approval.
Pedestrian 10’ Public Access Easement in the Linear Park:
The attached plat also identifies a permanent 10’ public access easement in the linear park that was requested by the County to remain public during development negotiations. The land for the linear park was conveyed to ZOM earlier in the project, however this certifies express dedication for public use as requested. The sidewalk contained within the permanent 10’ public access easement (sidewalks) are expressly dedicated to use by the general public upon construction of the sidewalks in conformance with all applicable requirements, City Council may accept the sidewalks. The rights of ingress/egress to the sidewalks will be granted to the City so they can repair and maintain the sidewalks after acceptance. ZOM will sign as the owner of this easement. Approval and dedication of this access easement is a condition of the final Certificate of Compliance which has not been issued pending its approval.
Second Amendment to the Master Declaration Agreement:
During the construction of the Market Rate building, the developer installed a podium and waterproofing for the pool above a portion of the deck. Due to the nature and liabilities with a pool, the County requested that a second amendment to the Master Declaration Agreement be executed to set forth obligations for waterproofing construction and ongoing maintenance, repair, and replacement of the waterproofing construction and the pool, and liability related to the pool, waterproofing construction, and maintenance of both. This amendment to the Master Declaration of covenants, restrictions and reciprocal easements will convey this area to ZOM relinquishing the County from future maintenance responsibilities and liabilities of the pool and its waterproofing.
Attachments:
Exempt Plat Easement Dedication - Sheets 1 and 2 dated 11-102-25
Legal Description: Stormwater Control Measure Access Easement by Stewart Engineering dated March 18, 2026
Legal Description: Permanent 10’ Public Access Easement by Stewart Engineering dated March 18, 2026
Second Amendment to Master Declaration of Covenants, Restrictions and Reciprocal Easements for 500 East Main - pages 1-11
All documents will be finalized and approved as to form by the County’s Legal Department prior to execution.
Alignment with Strategic Plan: The Project is in accordance with Strategic Plan Goal 4 - Environmental Stewardship and Community Prosperity particularly Strategy 4.2.C - Regional Planning: Participate in smart growth practices and support regional planning partnerships to promote a high quality of life for all.
Resource Persons: Peri Manns, ASLA, LEED GA, Deputy Director; Curtis Massey, Deputy County Attorney; Jay Gibson, P.E. Director of E, E&S; Sherrod Banks, Principal, Banks Law Firm; Deirdre Denechaud, Partner, Parker Poe Attorneys and Counselors at Law
County Manager’s Recommendation: The County Manager recommends that the Board approve the Stormwater Control Measure and Public Access Easement Dedications and Plats for the 500 E. Main St. Redevelopment and authorize the County Manager to execute the Second Amendment to the Master Declaration Agreement pending the County Legal Department approval prior to execution.
Signature
County Manager: ____________________________