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HomeMy WebLinkAboutAgenda - 03-17-1998 - 9bORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 17, 1998 Action Agenda Item # 9- 6 SUBJECT: Revocation of Preliminary Plan — University Manor, Phase I DEPARTMENT: PLANNING PUBLIC HEARING: Yes _X _No BUDGET AMENDMENT REQUIRED: Yes _X No ATTACHMENT(S): Resolution of Approval Preliminary Plan Declaration of Restrictions Conservation Easement Final Plats, Section I Letter Requesting Revocation INFORMATION CONTACT: Emily Cameron - Extension 2580 TELEPHONE NUMBERS Hillsborough 732 -8181 Durham 688 -7331 Mebane 227 -2031 Draft Documents to Accomplish Revocation Chapel Hill 967 -9251 PURPOSE: To consider a request for revocation of the Preliminary Plan for University Manor, Phase L BACKGROUND: The Preliminary Plan for Phase I of University Manor was approved by the Board of Commissioners on December 19, 1995. Phase I consists of 47 single - family residential lots served by new public roads, individual septic systems, and a community water system. The Final Plat of Phase I, Section I was approved and recorded on April 16, 1997. Section I contained nine (9) lots and approximately 24 acres of open space. Part of the open space (8.4 acres) was included in a Conservation Easement dedicated to Orange County and accepted by the Board of Commissioners on December 17, 1996. The roads and water system in Section I were completed and approved by appropriate authorities. The road rights -of -way were accepted, without maintenance responsibility, by Orange County on behalf of the public with approval of the Final Plat. The developer has not requested that NCDOT take over maintenance of the roads because the State's minimum density requirements have not been satisfied. No lots have been sold and no building permits issued in Section I. The roads in Section II of Phase I have been partially graded and graveled, but not completed. The Final Plat of Section II has not been submitted, but could be prior to April 16, 1998. The consolidated Concept Plans for the remainder of the total development (Craig Manor, Guernsdale, University Trace) expired on May 20, 1997. On January 28, 1998, the Planning Department received the attached letter from the attorney representing the applicant and owner of University Manor requesting revocation of the subdivision approval. As stated in the letter, the owner "has entered into a contract to sell the entire subdivision to Durahill, LLC, on the condition that the County revoke the approval of the subdivision and that all easements and restrictions created in connection with the approval of the subdivision be terminated or withdrawn on or before April 1, 1998." There are potentially positive and negative effects that could result from a revocation of the approvals. From the County's perspective, one positive outcome would be relief of responsibility for monitoring the Conservation Easement and enforcing its terms. As long as the property remains undeveloped, there will be no added impacts on the natural environment, adjacent roads, or public service agencies such as law enforcement or schools. Negative aspects of the revocation include the loss of permanent open space and potential tax revenue from developed lots. Furthermore, the County and residents of the area are left with an uncertainty of future development plans. Any future development application submitted for the property will be considered a new request subject to all regulatory requirements, including Flexible Development provisions, that may be in effect at the time of submittal. The previously approved Preliminary Plan could be used as a minimum "baseline" for future applications, i.e., new proposals would be expected to meet or exceed the level of open space protection proposed in the first plan. If the subdivision approval is revoked, there would be no public purpose served by keeping the roads as public. Abandonment of the public roads would allow the owner the option to be gate the road as private property, or to remove the improvements, thereby avoiding potential problems with public safety and security of the property. A public hearing is required before the roads may be abandoned. From the developer's perspective, the revocation is generally positive, as he is able to sell to the prospective buyer and is freed of legal and financial obligations associated with development of the property. However, the developer forfeits the opportunity to sell approved lots. If the County does not agree to the revocation, the developer indicates he will proceed with the Final Plat for Section II of Phase I. As an alternative, the County may choose to revoke the Preliminary Plan and Final Plat, and abandon the public roads while retaining the 8.4 -acre Conservation Easement. If so, the County would continue to be responsible for monitoring the condition of the protected area and enforcing the terms of the Conservation Easement. Furthermore, keeping the Conservation Easement does not have to be a permanent decision. It may be abandoned or transferred in the future. The Conservation Easement does not abut a public right -of -way. However, the Conservation Easement includes the County's right to cross other lands owned by the Grantor and its successors for the purpose of monitoring the protected area. The request for revocation was discussed by the Board of Commissioners on February 17. A question was asked about the Stoney Creek Basin Small Area Plan designation for the property. The SCBSAP indicates that the area of University Manor is to be considered as "Lower Intensity Development Area." Accordingly, an overlay zoning district was created on June 2, 1997, to modify the flexible development regulations to eliminate the bonus units and the village option, and to exclude active recreation area from open space calculations. Draft documents are attached to accomplish revocation of the subdivision approval and abandonment of the public roads. Two versions of the resolution are included, one of which releases the Conservation Easement (Resolution B), and the other retains it (Resolution A). RECOMMENDATION: The Administration recommends the following: 1. Adoption of attached Resolution A to revoke the subdivision approval of University Manor, Phase I, and close the existing public roads in Section I (retains the Conservation Easement); and 2. Scheduling of the public hearing to close the roads for the regular Board of Commissioners meeting on either April 21, or May 6, 1998. r f rd RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date December 19, 1995 Name of Subdivision University Manor Phase I Owner /Applicant Sanford Bailey The Board of County Commissioners hereby approves the University Manor Subdivision Preliminary Plan, dated August 1995 and containing 47 residential lots, subject to the fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transportation. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of Westcott Court, Brampton Place, and Chilmark Circle as shown on the Preliminary Plan. This acceptance by Orange County of the dedication to the general public of Westcott Court, Brampton Place, and Chilmark Circle shall be without maintenance responsibility. These roads shall be maintained by the owner /applicant until such time as they are accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of any phase of University Manor can be recorded: A. Sewage Disposal and Water Supply 1. Each residential lot shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. Disclosure that the septic system location may restrict the size and location of improvements shall be included in a document describing development restrictions to be recorded concurrently with the Final Plat. The document shall also disclose that information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. 3. Final documents granting easement rights for the operation and maintenance of the community water system by a private utility company shall be submitted to and approved by the County Attorney. 4. Construction plans for the community water system shall be approved by the NC Division of Environmental Health and the r , t 5 Public Water and Sewer Branch of the NC Division of Environmental Health. 5. The community water system shall be constructed and the final construction approved by the North Carolina Division of Environmental Health. B. Roads and Access 1. Westcott Court, Brampton Place, and Chilmark Circle shall be constructed to standards of the North Carolina Department of Transportation, within a 50 -foot right -of -way, and the construction shall be inspected and approved by NCDOT. OR A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Westcott Court, Brampton Place, and Chilmark Circle to the standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified /licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2. An erosion control plan for construction of the roads shall be submitted by the applicant for review and approval by the Orange County Erosion Control Division. 3. 10' by 70' sight triangles shall be shown at all intersections. 4. If a divided entrance is included in the final design, detail drawings shall be submitted to and approved by the North Carolina Department of Transportation. 5. All lots shall access onto the new subdivision roads. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 6. Approved street name signs shall be erected at the intersection of streets as required in Section IV- B- 3 -c -12 of the Orange County Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. C. Land Use Buffers and Landscaping 6 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR The applicant shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. A Type A Land Use Buffer shall be provided along New Hope Church Road and NC 10. The buffer shall be 30 feet in width and provide sufficient vegetation to meet the standards of Section IV -B -8 -e of the Subdivision Regulations. Said buffer shall be so noted on the plat, and described in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. D. Drainage 1. The floodway and floodway fringe of Stoney Creek shall be noted on the face of the Final Plat. Development restrictions within the floodplain shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 2. A 60 -foot stream buffer shall be provided adjacent to the floodplain at the northwest corner of lot 7, as shown on the Preliminary Plan. Development restrictions within the buffer shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. The Final Plat shall show the boundary of the Lower Eno Protected Watershed on lots 3, 4, 5, 6 and 7, as indicated on the Preliminary Plan. Impervious surface may'not exceed 36% of the area within the watershed. These provisions shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. f 7 4. Stormwater detention /retention sites /undisturbed areas for infiltration shown on the approved Stormwater Management Plan shall be labeled on the Final Plat. Use restrictions or other conditions shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. Provide 30 -foot drainage easements on lot 16, and along the ,boundaries of lots 9 and 10 and lots 26 and 27, in the locations indicated on the Preliminary Plan. Additional drainage easements may be required following review and approval of the Erosion Control Plan. E. Parkland /Open Space 1. Cash in the amount of $4,136 shall be paid to Orange County as payment in lieu of parkland dedication. 2. The entirety of the open space to be shown on the Final Plat(s) shall be owned by the homeowners association for recreation /open space use by residents of the subdivision. The deed shall be submitted to and approved by the County Attorney. 3. The right to drill replacement wells within the common open space shall be granted to the utility company, in the event of failure of the initial well system. 4. Final documents granting a conservation easement to Orange County or the Triangle Land Conservancy for the permanent protection of the floodplain on the west side of Stoney Creek shall be submitted to and approved by the County Attorney. F. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V -D -2 and V -D -3 of the Orange County Subdivision Regulations. 2. The following natural and man -made site features shall be shown on the plat: a. Stoney Creek floodplain and wetlands b. Duke Power transmission line 3. The following easements shall be shown on the plat: a. Conservation Easement dedicated to Orange County b. Well easement dedicated to private utility company C. Drainage easements on lots 16, 26/27, and 9/10, as well as other location which may be required following review and approval of the erosion Control Plan. d. Duke Power easement 4. A setback of 40 feet shall be maintained as measured from the edge of right -of -way of Westcott Court, Brampton Place and Chilmark Circle. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. .Provide documentation that the notable interior woodwork of the Boyd House, such as the hand - carved mantels, vertical beaded board wainscoting, heartpine flooring, and the Chinese Chippendale staircase and balustrade, has been salvaged or advertised for salvage. G. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2. A Certificate of Declaration and Maintenance in the form provided in Section V -D -6 -b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3. The Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4. The North Carolina Department of Transportation shall certify that Westcott Court, Brampton Place and Chilmark Circle have been constructed to State standards or that construction plans have been approved. 5, A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of Applicant Clerk to the Board I, accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. jyft POOL f t P r d i — � � � ,•_.....,•--- . =_-... -.rte" _ J: �..i iO " /.:��j•. St XiA •`� ` � S [•_,+,ice..•^'- �1�� y '' � � t 1�0� �'�.."•. 1Y�,.�'''✓� /,,/"' -� � .. � :i��r i � ' :�ti/ ".. � ' � 2 f � SS :i 'a:� V i Q�y - �. \ • ; tQ zz . •t� •w, fad •" 't!' '. 4 �n�. / �� ` � ti r/i?,Y: . / %•�� / /: •' is � —._ � '!N: ti;t�;t•f.Y iiiQ." S iQ` ;'1 ?' —r ... .:. �':_:'. .—.i �- '•./ ! 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ORANGE COUNTY NNING DEPARTMENT Bum 1572 P;, a 536 NORTH CAROLINA DECLARATION OF DEVELOPMENT RESTRICTIONS AND REQUIREMENTS RECORDED CONCURRENTLY WITH UNIVERSITY MANOR SUBDIVISIO N PHASE I SECTION I FOR MULTIPLE P!N SHEET PLAT BOOK/PAGE- I'S 1,22 SEE BOOK 2 - PAGE OWNER: KEY WEST ENTERPRISES, INC UNIVERSITY MANOR HOMEOWNERRSA O IATION This DECLARATION, made this ll 4day of April, 1997, by Key West Enterprises, Inc., and the University Manor Homeowner Association, the owners of the property described in the Property Description section of this declaration, hereinafter called Declarants. WITNESSETH Declarants agree for themselves and with any and all persons, firms or corporations hereinafter acquiring any of the property described in the Property Description section of this declaration, that the same shall be subject to the following restrictions, conditions, and covenants relating to the use and occupancy thereof, which restrictions, conditions, and covenants shall run with the said property and insure to the benefit of and be binding upon the heirs, successors and assigns of the Declarants and other acquiring parties and persons. PROPERTY DESCRIPTION Being all of Lots 1 through 9, and Lots A and B, as shown on the plat entitled "Final Plat of University Manor Phase I Section I ", dated February 12, 1997, as drawn by Edmund H. Davenport R.L.S. of Bass, Nixon & Kennedy Inc., and recorded in Plat Book -, Page Q, Orange County Registry, hereinafter "the property" or "the subdivision ". SETBACKS Building structures shall meet applicable setbacks as required by Section 5. 1.1 of the Zoning Ordinance. Said ordinance requires that all structures maintain a front yard setback of 40 feet, measured from the edge of right -of -way, and a setback of 20 feet from side and rear lot lines. See also stream buffers as side and rear setbacks. Exceptions to the setback requirement include certain architectural features (such as corners, eaves, and gutters), an unenclosed balcony or fire escape, and an attached private garage or en 1572 P,,,a 537 11 carport. See Section 6.6 of the Orange County Zoning Ordinance, available at the Planning Department for specific regulations relating to these exceptions. SEWAGE DISPOSAL Septic system locations may restrict the size and location of improvements on each lot. Information regarding the tentative location of septic systems is available from the Orange County Health Department, Division of Environmental Health. WATER SUPPLY The subdivision has been designed and approved with a community well system which will be operated by a utility company pursuant to a Certificate of Public Necessity and Convenience ( "Certificate ") issued by the North Carolina Utilities Commission. As a condition for the issuance of the Certificate, the utility company will be required to post a bond in an amount set by the Utilities Commission to secure the provision of service. No determination has been made as to whether individual lots are suitable for individual wells. If there is a failure in the community well system requiring the construction of new well(s), the new well(s) may have to be located within the Common Areas owned by the Homeowners association as shown on the recorded plat. If for any reason the utility company fails to construct replacement wells, the cost of constructing a replacement well or wells and the cost to abandon a failed well or wells may become the responsibility of the homeowners association, which is authorized to levy special assessments against the lots in the subdivision for the purpose of maintaining, repairing or replacing the community wells. IMPERVIOUS SURFACE CALCULATION An impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces shall include any concrete or asphalt surface. These would include, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, impervious surface ratios are required for all subdivisions located within a protected watershed. Modifications of the impervious surface ratios may be requested as variance or through approval and recordation of a conservation agreement. These procedures are described in Article 6.23.3 and 6.23.11 b of the Zoning Ordinance. A portion of lots 3,4,5,6 and 7 are located in the Lower Eno Protected Watershed Overlay District. The impervious surface for the portion of those lots in the Lower Eno Protected Watershed, as indicated on the Final Plat, shall not exceed 36 %. REQUIREMENTS FOR STREAM BUFFER IN PROTECTED WATERSHEDS The portion of lots 6 and 7 located within a stream buffer, as shown on the Final Plat, shall remain in its natural state, unless the area is subject to serious erosion, in which case an 2 t=;WA 1J J4 Phnt a j(N erosion resistant vegetative cover shall be established and maintained as required by, Article 12 6.23 of the Zoning Ordinance. LANDSCAPING Existing trees shall be preserved to satisfy the landscaping requirements pursuant to Section IV- B -8 -d -1 of the Subdivision Regulations. A Type A Land Use Buffer shall be provided along New Hope Church Road and NC 10. The buffer shall be 30 feet in width and shall be composed of deciduous and/or evergreen vegetation that is opaque from the ground to a height of at least five (5) feet, with semi - opaque intermittent visual obstructions from the opaque portion to a height of at least thirty (30) feet. Clear cutting of trees is prohibited. No trees measuring twelve (12) inches or more in diameter at a point four and one half (4.5) feet above the ground shall be cut. An exception shall include clearing of trees for the location of buildings, driveways, septic systems, and garden areas. OTHER RESTRICTIONS All lots shall access onto Westcott Court or Brampton Place. The letter of credit to assure the final construction of Westcott Court and Brampton Place shall not be released until the construction of said roads has been inspected and approved by the North Carolina Department of Transportation. The drainage easements shown on lots A, 1, 2, and 3 shall remain unobstructed to maintain natural drainage patterns. CERTIFICATE OF DEDICATION AND MAINTENANCE "The undersigned hereby certifies that the land shown on the subdivision plat referenced under'Property Description' on page 1 is owned by the undersigned and is located within the subdivision - regulation jurisdiction of Orange County and hereby freely dedicates all rights - of -way, easements, streets, recreation area, open space, common area, utilities and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity." OTHER RELATED DOCUMENTS Utility Easement (DB 1563/ PG 309) Water Line Easement (DB 1563/ PG 11) Common Area Deed (DB 1563/ PG 7 Conservation Easement (DB 15-12 PG 555 3 Declaration of Covenants, Conditions and Restrictions (DB PG Tree Removal Agreement 13 Documents recorded concurrently with the Final Subdivision Plat may be revised and re- recorded at a later date. Check property record through the Orange County Register of Deeds to identify all documents recorded for this property. DURATION OF RESTRICTIONS The restrictions imposed by this Declaration shall remain in full force and effect until such time as they are removed by the official legislative or administrative action of Orange County or another governmental unit with jurisdiction over the property. IN WITNESS WHEREOF, Declarant has caused this instrument to be signed and sealed on the day and year first written above. Attes�f . By: ` Secretary Sanfor . Bailey, Presides Ut off; t, .'•=��. Key VVvest Enterprises, Inc. ,�;yasafiT >.��•,� }Jb Attest:_;\ } Nis s.:r,;T*vr Secretary` . r r a 5 tenn/ r' i_ �•; L b 1C' ' NORTH CAROLINA e COUNTY By: (-(/ Sanford VBailey, President University Manor Homeowners ssociation FILED 16 APR 1997, at 11: 58: 1 lam Eti iiE:: 1571: r page 536 53 "39 Betty .Tune Hayes Register %.-jf Deeds, Orange_ County. N. C. I, &5Q11 K. SeQApam , Notary Public for said County and State, certify that_hab M.lRooAS personally came before me this day and acknowledged that he /As is ecretary of a West Enterprises, Inc., a corporation, and of University Manor Homeowners Association, a corporation, that by authority duly given and as the act of the corporations, the foregoing instrument was signed in their nan js by their presidents, sealed with their corporate seals, and attested by himselfi4mmme4f as theif Secretary. Witness my hand and official seal, this the day of My commission expires: G ��• 19 ti01A RY :PUBLIC ;f 4 %,FCOUNS!���.•�. NORTH CAROLINA - ORANGE COUNTY 1997. BOOK 1572 Fti 555 14 Prepared by and return to: David M. Rooks, III, Northen Blue Law Firm, P.O. Box 2208, Chapel Hill, N.C. 27515 9 �c69 -3 -3,3�- /____ 7 . c. 3 .. I `'SERVATION EASEMENT This CONSERVATION EASEMENT made this tytn' day of Qc>ltil� , 199i7 by and between University Manor Homeowners Association, Inc. ( "Grantor ") and Orange County, North Carolina ( "Grantee "). Witnesseth: WHEREAS, Grantor is the sole owner in fee simple of certain real property more particularly described in Exhibit A attached, (the "Protected Property ") that has ecological, scientific, educational and aesthetic value in its present state as a natural area; and, WHEREAS, Grantee is a body politic existing under Chapter 153A of the North Carolina General Statutes; and WHEREAS, the Protected Property is a significant natural area that qualifies as a "... relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96 -541 USC 170(h)(4)(A)(ii), as amended, and in regulations promulgated thereunder; and WHEREAS, Grantor and Grantee have the common purpose of conserving the above- described conservation values of the Protected Property in perpetuity, and the State of North Carolina has authorized the creation of Conservation Easements pursuant to N.C. Gen. Stat. S 121 -34 et seq; and 1 BoA572 F�,a,556 15 WHEREAS, Grantor intends, as owner of the Protected Property, to convey to Grantee the right to preserve and protect the conservation values of the Protected Property in perpetuity; and WHEREAS, Grantee intends to accept this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Protected Property for the benefit of this generation and the generations to come. NOW, THEREFORE, Grantor, for and in consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and unconditional gift, hereby gives, grants, bargains, sells and conveys unto Grantee a Conservation Easement in perpetuity over the Protected Property of the nature and character as follows: 1. Purpose. The purpose of this Conservation Easement is to ensure that the Protected Property will be retained forever predominantly in its natural state; to protect any regionally rare plants, animals or plant communities as well as state- or federal- monitored plants or animals on the Protected Property; to protect the water quality of Stoney Creek; and to prevent any use of the Protected Property that will significantly impair or interfere with the conservation values or interests of the Protected Property described above. Grantor intends that this Conservation Easement will restrict the use of the Protected Property to only such activities as are consistent with the purpose of this Conservation Easement. 2 mox 1572 FAG 557 2. Prohibited Uses. Any activity on or use of the Protected Property inconsistent with the purpose of this Conservation Basement is prohibited. without limiting the generality of the foregoing, the following activities and uses are expressly prohibited except as provided in paragraph 3 below: 2.1 The legal or de facto subdivision of the Protected Property for any purpose; 2.2 Any residential, commercial or industrial use of or activity on the Protected Property (including, without limitation, temporary or permanent housing, extraction of earth products or extraction of oil or gas products); 2.3 The placement or construction of any buildings, structures, or other improvements of any kind (including, without limitation, fences, roads and parking lots); 2.4 Any alteration of the surface of the land, including, without limitation, the excavation or removal of soil, sand, gravel, rock, peat, or sod, except as required in the course of any activity permitted herein; 2.5 Any use or activity that causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters. 2.6 The draining, filling, dredging, or diking of any wetland areas, including any enlargement thereof, or the cultivation or other disturbance of the soil. 2.7 The pollution, alteration, or manipulation of the water courses located on the Protected Property or the creation 3 aoo ,1572 P,:a 558 of new impoundents of water; 17 2.8 The pruning, cutting down, or other destruction or removal of live or dead trees, except as necessary and with prior written approval of Grantee pursuant to paragraph 4.5 below, in accordance with generally accepted forestry conservation practices, to control or prevent hazard, disease, or fire. 2.9 The planting of invasive plants (as recognized by the N.C. Natural Heritage Program of N.L. Botanical Garden) not native to the region anywhere on the Protected Property, grazing of domestic animals, or disturbance or change in the natural habitat in any manner; 2.10 The dumping or other disposal of wastes, refuse, _ and debris on the Property; 2.11 The installation or extension of utilities; 2.12 Use of pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides, and use of devices commonly known as "bug- zappers ", except with prior written approval of Grantee pursuant to paragraph 4.5 below and in accordance with management practices of Grantee; 2.13 Operation of snowmobiles, dune buggies, motorcycles, all- terrain or off -road vehicles, or any other types of motorized vehicles or motorized floating craft; 3. Grantor's Reserved Rights. Grantor hereby reserves the following rights: P BUG 1572 PtirL 559 3.1 Existing Uses. To undertake or continue any activity or use of the Protected Property not prohibited by this Conservation Easement. Prior to making any change in use of the Protected Property, Grantor shall notify Grantee in writing to allow Grantee a reasonable opportunity to determine whether such change would violate the terms or purposes of this Conservation Easement. 3.2 Transfer. To sell, give, mortgage, lease or otherwise convey the Protected Property provided such conveyance is subject to the terms of this Conservation Easement. 3.3 Diseased Plants. To cut and remove diseased, hazardous, or invasive plants and to cut firebreaks, subject to the prior written approval of Grantee pursuant to paragraph 4.5 below, except that such approval shall not be required in the case of emergency firebreaks. 3.4 Game Management. To eliminate exotics (starlings etc.) and reduce populations of native species that threaten the ecosystem under a prescribed plan approved by the N.C. Natural Heritage Program or the N.C. Division of Wildlife Resources and with prior written approval of Grantee pursuant to paragraph 4.5 below. 4. Grantee's Rights. To accomplish the purpose of this Conservation Easement, the following rights are conveyed to Grantee by this Conservation Easement: 4.1 Right to Protect. To preserve and protect the conservation values of the Protected Property. 5 19 4.2 Right of Entry. To enter the Protected Property at all reasonable times and with prior notice and, if necessary, across other lands retained by Grantor, for the purposes of: (a) inspecting the Protected Property to determine if Grantor is complying with the covenants and purposes of this Conservation Easement; (b) enforcing the terms of this Conservation Easement; (c) taking any and all actions with respect to the Protected Property as may be necessary or appropriate, with or without order of court, to remedy or abate violations hereof; (d) making scientific and educational observations and studies and taking samples in such a manner as will not disturb the quiet enjoyment of the Protected Property by Grantor; and (e) monitoring and management as described below. 4.3 Monitoring and Management. The right, but not the obligation, to monitor the condition of the plant and animal populations, plant communities, and natural habitats on the Protected Property, and to manage them, to the extent deemed appropriate by Grantee, to ensure their continued presence and viability on the Protected Property. Such activities shall be in accordance with management practices of Grantee. 4.4 Easement. To prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Conservation Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 9. 6 BOOK 1572 PACE 561 20 4.5 Discretionary Consent. Grantee's consent for activities otherwise prohibited under paragraph 2 above, or for any activities requiring Grantee's consent under paragraph 2 or 3 above, may be given under the following conditions and circumstances. If, owing to unforeseen or changed circumstances, any of the activities listed in paragraph 2 (and to the extent applicable, paragraph 3) are deemed desirable by both Grantor and Grantee, Grantee may, in its sole discretion, give permission for such activities, subject to the limitations herein. Such requests for permission, and permission for activities requiring Grantee's consent under paragraph 2 or 3, shall be in writing and shall describe the proposed activity in sufficient detail to allow Grantee to judge the consistency of the proposed activity with the purpose of this Conservation Easement. Grantee may give its permission only if it determines, in its sole discretion, that such activities (1) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any significant conservation interests associated with the Protected Property. Notwithstanding the foregoing, Grantee and Grantor have no right or power to agree to any activities that would result in the termination of this Conservation Easement or to allow any residential, commercial or industrial structures or any residential, commercial or industrial activities not provided for above. 4.6 Grantor conveys to Grantee all development rights that are now or hereafter allocated to, implied, reserved or 7 inherent in the Protected Pro pert 21 p y, and the parties agree that such rights are terminated and extinguished, and may not be used on or transferred to any portion of the Protected Property, as it is now or hereafter may be bounded or described, or to any other property adjacent or otherwise, nor used for the purpose of calculating,permissible lot yield of the Protected Property or any other property. 5. Costs and Liabilities. Grantor retairis'all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property, including the maintenance of adequate comprehensive general liability insurance coverage. Such policy or policies of insurance shall name Grantee, its officials, employees, agents and contractors as additional insureds. Grantee may maintain general liability insurance covering the activities of its officials, employees, agents and contractors on the Protected Property. Grantor shall keep the Protected Property free of any liens arising out of any work performed for, materials furnished to or obligations incurred by Grantor. Grantor shall hold harmless, indemnify, and defend Grantee, its officials, employees, agents and contractors and the heirs, successors and assigns of each of them (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to N. row I m1572 PxL 563 22 or death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Protected Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the obligations specified in this paragraph, and in paragraph 6; and (3) the existence or administration of this Conservation Easement. 6. Taws. Grantor shall pay before delinquent any real estate taxes or other assessments levied on the Protected Property and shall furnish Grantee with satisfactory evidence of payment upon request. If Grantor becomes delinquent in payment of taxes or assessments, so that a lien is created against the Protected Property, Grantee, at its option, shall, after written notice to Grantor, have the right to but not the obligation to, pay any such taxes or assessments in order to discharge the lien or delinquent taxes or assessments, or to take such other actions as may be necessary to protect Grantee's interest in the Protected Property and to assure the continued enforceability of this Conservation Easement. Any such payment made by Grantee shall be a cost to Grantor pursuant to paragraph 5 and shall bear interest at the legal rate for unpaid property taxes until paid by Grantor to Grantee. 7. Title. Grantor covenants and represents that Grantor is the sole owner and is seized of the Protected Property in fee simple and has good right to grant and convey this Conservation Easement; that the Protected Property is free and clear of any 9 M44- B00�, 1572 P�a 564 23 and all encumbrances, including but not limited to, any mortgages not subordinated to this Conservation Easement, and that Grantee shall have the use of and enjoy all of the benefits derived from and arising out of this Conservation Easement. 8. Hazardous Waste. Grantor covenants and warrants to Grantee that Grantor has no knowledge of the existence of hazardous substances or toxic waste on the Protected Property and has no knowledge that hazardous substances or toxic waste have been generated, treated, stored, used, disposed of, or deposited in or on the Protected Property, and has no knowledge of the existence of any underground storage tanks on the Protected Property. 4. Grantee's Remedies. If Grantee becomes aware of a violation of the terms of this Conservation Easement, Grantee shall give notice to Grantor, at Grantor's last known post office address, of such violation via certified mail, return receipt requested, and request corrective action sufficient to abate such violation and restore the Protected Property to its previous condition at the time of this grant. Failure by Grantor to abate the violation and take such other corrective action as may be requested by Grantee within thirty (30) days after receipt of such notice shall entitle Grantee to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the Protected Property to its previous condition; to seek to enjoin the noncompliance by ex parte temporary or permanent injunction 10 t SOON 1Z) F�: 56; 24 in a court of competent jurisdiction; and /or to recover any damages arising from the noncompliance. Grantor agrees that Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both'prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph are cumulative and in addition to all remedies now or hereafter existing at law or in equity. Damages, when recovered, may be applied by Grantee, in its sole discretion, to corrective action on the Protected Property. Any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Conservation Easement shall be borne by Grantor. If Grantor prevails in any action to enforce the terms of this Conservation Easement, Grantor's costs of suit, including, without limitation, attorneys' fees, shall be borne by Grantee. 9.1. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Protected Property, Grantee may pursue 11 r►t,-1- 8610x 1572 F, a 566 25 its remedies under this paragraph without prior notice to Grantor or without waiting for the period for cure to expire. In that event, the provisions of paragraph 9 related to the costs of enforcement shall pertain. 9.2 Failure to Act or Delay. Grantee does not waive or forfeit the right to take action as may be necessary to ensure compliance with this Conservation Easement by any prior failure to act and Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act or delay by Grantee, its successors or assigns, in action to enforce any restriction or exercise any rights under this Conservation Easement. 9.3 Violations Due to Causes Beyond Grantor's Control. Nothing hereby shall be construed to entitle Grantee to institute any enforcement proceedings against Grantor for any changes to the Protected Property due to causes beyond Grantor's control, such as changes caused by fire, flood, storm, earthquake or the unauthorized wrongful acts of third persons. In the event of violations of this Conservation Easement caused by the unauthorized wrongful acts of third persons, Grantor agrees, upon request by Grantee, to assign its right of action to Grantee, to join in any suit, or to appoint Grantee its attorney -in -fact for the purposes of pursuing enforcement action, all at the election of Grantee. 10. Parties Subject to Easement. The covenants agreed to and the terms, conditions, and restrictions imposed by this grant 12 7312 �'c�56� E oA shall be binding upon Grantor and Grantor's lessees, agents, 26 personal representatives, successors and assigns, and all other successors in interest to Grantor and will continue as a servitude running in perpetuity with the Protected Property. 11. Subsequent Transfers. Grantor agrees that the terms, conditions, restrictions and purposes of this grant or reference thereto will be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests either the fee simple title or a possessory interest in the Protected Property; and Grantor further agrees to notify Grantee of any pending transfer at least thirty (30) days in advance. 12. Merger. Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Protected Property. 13. Assignment. The parties hereto recognize and agree that the benefits of this easement are in gross and assignable, and Grantee hereby covenants and agrees that if it transfers or assigns the easement it holds under this indenture, the organization receiving the interest will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder organized and operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code, and Grantee further covenants and agrees that the terms of,the transfer or assignment will be such that the transferee or assignee will be 13 bb 27 required to continue to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance. 14. Extinguishment. Grantor hereby agrees that, at the time of the conveyance of this Conservation Easement to Grantee, this'Conservation Easement gives rise to a real property right, immediately vested in Grantee, with a fair market value of the Conservation Easement as of the date of the conveyance that is at least equal to the proportionate value that this Conservation Easement at the time of the conveyance bears to the fair market value of the property as a whole at that time. That proportionate value of Grantee's property rights shall remain constant. When a change in conditions takes place which makes impossible or impractical any continued protection of the Protected Property for conservation purposes, and the restrictions contained herein are extinguished by judicial proceeding, Grantee, upon a subsequent sale, exchange or involuntary conversion of the Protected Property, shall be entitled to a portion of the proceeds at least equal to that proportionate value of the Conservation Easement. Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes set forth herein or for the protection of a "relatively natural habitat of fish, wildlife, or plants or similar ecosystem," as that phrase is used in and defined under P.L. 96 -541, 26 USC 170(h)(4)(A)(ii), as amended and in regulations promulgated thereunder. 14 BOLIK1572 oti�r569 28 15. Eminent Domain. Whenever all or part of the Protected Property is taken by an exercise of eminent domain by public, corporate, or other authority so as to abrogate the restrictions imposed by this Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of the taking to recover the full value of the taking and all incidental or direct damages resulting from it, and the proceeds shall be divided in accordance with the proportionate value of Grantee's and Grantor's interests, and Grantee's proceeds shall be used as specified above. All expenses incurred by Grantor and Grantee in such action shall be paid out of the recovered proceeds. 16. Option. Grantee shall have an option to obtain the entire Protected Property in fee by deed of gift from Grantor within five years of the date of recording of the final plat for the final phase of University Manor subdivision as the subdivision is described in the Concept Plan approved by the Orange County Planning Board on May 20, 1996 but in all events no later than December 1, 2001. Grantee may exercise this option upon written notice to Grantor. 17. Miscellaneous Provisions. 17.1 Severabilitv. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 15 I+^ 6 L 17.2 Successors and Assigns. The term "Grantor" shall include Grantor and Grantor's heirs, executors, administrators, successors and assigns and shall also mean the masculine, feminine, corporate, singular or plural form of the word as needed in the context of its use. The term "Grantee" shall include Orange County, North Carolina and its successors and assigns. 17.3 Re- recording. Grantee is authorized to record or file any notices or instruments appropriate to assure the perpetual enforceability of this Conservation Easement; for such purpose, Grantor appoints Grantee its attorney -in -fact to execute, acknowledge and deliver any necessary instrument on its_ behalf. Without limiting the foregoing, Grantor agrees to execute any such instruments upon request. 17.4 Captions. The captions herein have been inserted solely for convenience of reference and are not part of this Conservation Easement and shall have no effect upon construction or interpretation. 17.5 Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 17.6 Notices. Any notices required in this Conservation Easement shall be sent by registered or certified 16 C 30 mail to the following address or such address asOK157b hereafter er designated by notice: Grantor: University Manar Homeowners Association, Inc. P.O. Drawer 1859 Wake Forest, NC 27588 -1859 Grantee: Orange County Attention: Purchasing Director P.O. Box 8181 Hillsborough, NC 27278 TO HAVE AND TO HOLD the said Conservation Easement unto the said Grantee forever. IN WITNESS WHEREOF, Grantor has executed and sealed this document the day and year first above written. UNIVERSITY MANOR HOMEUWNERS ASSOCIATION, INC. By: 40Aco _ Pres' ent ATTEST: QQ, FILED 16 APR 1997, at 11:58 :14am Book 1572, Page 555 572 65sL5r- Secretary ?;: ' < Betty June Hayes, i t S` Reaister of Deeds, �:� Orange C:ounty, N. C. State of North Caroling *310 �': Orange County o . �''•,,,,,:,: +`' On this 14 day of_ ��f 199 /P gmak,yR � before me ,�, o, being by me duly sworn did say that he the �� Secretary of University Mano Homeowners Association, Inc., the corporation named in the foregoing instrument; that the seal affixed to said instrument is the corporation seal of said corporation; and acknowledged said instrument to be the free act and deed of said corporation. 'k% "a11811188,11 .�'` JgP ACS s,• Pub . S use r� K ro �.?.,10L. Co on Expires : K. // 3 NOTARY i N lsg- i % X nnraem cage L : P/ /Di +n J EXHIBIT A TO CONSERVATION EASEMENT 31 BEING all of the area designated as "Conservation Easement" on the plat entitled " Waterline Easement and Open Space Plat, University Manor, Phase r, prepared by Bass. Nixon and Kennedy, Inc. dated March 4, 1997 and recorded at Plat Book 77, Page 191, Orange County Registry to which reference is made for a more particular description. _ L J A� M V wd Bk r.WX4? t sy�3� 0.p •V ti fff sd' 08 i •t n.N. 1e ° r V�jdr r 1441 fl • ks "' �L_ .i. ° © 0 / / a wade - aON mo_ M a11� 71t[Yy illJ �I701m►M A'll'f i ' W 1 I a flall 32 t 9jt� a lit 1 1 lo; ARS1 �� Qp s Q t � f f<e f t Q IL F'�Ca E�E111 alO"' b3tI�CCCE� A.8 k ar 0 "I: rr�dir q H e 8 /I 5 I�Ydr ll/ Ydr1Yd1/ 1/ Idl /YIf♦II�YdI/1/1�1�1%Irl/LI►�' 7'. D C N n �LL ,Z :o 0 SCALe• 200' LZ Xili a• a I�ttl 33 1�SI1 3 y I a c 1; W 1 Yj ya Z irg visa > s SS LL z SO sill Ft aMt. J 7 •` T ' ^I J. IT Val IN I \• t I �� ;t l �. ' ale t = '\. ' • . �- ¢' ,. ._.. —..— � tgE IS =' "� -''+C i7C�li � _ -�••�.. - ='.w ' �s IwA _ r _a RuinII II'' d i NAl t l�ffcQ a kkt:k� 8;, � �1ctla c3 Lung� �.p�i ..IWV y Yl \J 6 y >trri u W I V •: •••fi7i5i - 119�III�Bfi�IlAl�y .� JOHN A. NORTHEN J. WILLIAM BLUE, JR. DAVID M. ROOKS, 111 CHARLES H. THIBAUT CAROL J. HOLCOMB JAMES C. STANFORD CHERYL Y. CAPRON Mr. John Link Orange County Manager 200 S. Cameron St. Hillsborough, N. C. 27278 NORTHEN .BLUE, L.L. P A LIMITED LIABILITY PARTNERSHIP ATTORNEYS AT LAW 100 EUROPA DRIVE SUITE 550 CHAPEL HILL, NORTH CAROLINA 27514 January - ' 199 Re: University Manor Subdivision Dear John: 34 MAILING ADDRESS: P. O. BOX 2208 CHAPEL HILL, NC 27515-2208 TELEPHONE (919) 968 -4441 TELEFAX (919) 942 -6603 E -MAIL: nblawonetpath.net I write on behalf of Sanford Bailey and Key West Enterprises, Inc., the applicant and owner of University Manor Subdivision, to request that the Commissioners revoke their approval of the subdivision. Key West has entered into a contract to sell the entire subdivision to Durahill, LLC on the condition that the County revoke the approval of the subdivision and that all easements and restrictions created in connection with the approval of the subdivision be terminated or withdrawn on or before April 1, 1998. Key West obtained preliminary plat approval for Phase 1 of University Manor some time ago and recorded the final plat for Section 1 of Phase 1 on April 16, 1997. The final plat for Section 2 of Phase 1 is still pending. In connection with the approval of and recording of the final plat, a number of documents were recorded as required by the Commissioners including: 1. Declaration of Development Restrictions recorded at Book 1572, Page 536; 2. Declaration of Restrictions recorded at Book 1572, Page 541; 3. Conveyance of common areas to the University Manor Homeowners Association, Inc. 4. Conservation Easement to Orange County recorded at Book 1572, Page 555; 5. Water and utility line easements to Cotesworth Downs Utilities, Inc. recorded at Book 1563, Page 309, Book 1563, Page 311 and Book 1563, Page 313; 6. Plats recorded at Plat Book 77. Page 191 and Plat Book 78, Pages 28 and 29. The NoBTHEN BLUE, L.L.P. Mr. John Link January 28, 1998 Page 2 35 plat at Plat Book 78, Page 28 includes the dedication and acceptance of a public road right of way. Key West, which has conveyed no lots in the subdivision, is in a position to assure that the utility company and the homeowners association will convey and release their interests in the easements and common areas if the Commissioners are willing to revoke their approval of the subdivision plats and release the conservation easement such that the title of the property would be returned to the same state it was in prior to the approval of the subdivision. Key West recognizes that it would lose any rights it might have to develop the property under the application it submitted for University Manor if the Commissioners grant this request and that any subsequent development of the property would be under the ordinance as it might exist at the time the subsequent application is made. Time is an issue since Key West has until April 1 to obtain the revocation of the existing approval. If the revocation cannot be obtained by that time, Key West would lose its sale and would submit a final plat for the balance of Phase 1. Please let me know how we should proceed from here. Sincerely, David M. Rooks, III DMRlhos cc: Hon. Margaret Brown Mr. Gene Bell Ms. Emily Cameron Mr. Geoffrey Gledhill Ms. Stephanie Powell Mr. Sanford Bailey 36 RESOLUTION A RESOLL.rTIONS OF THE ORANGE COVINTY BOARD OF COMMISSIONERS Date: Nana of'Subdivision: Lniversity Manor. Phase I O% ner`Applicant: Key West Enterpri%es. Inc.'.Sanford Bailey RcccW,;ttian of Subdivision Approval WHEREAS, a reguest has been tiled by the 0% ner' '-_applicant to revoke the December 19. 1995 approval of the preliminary plan for Lniversity Manor, Phan; I ax wt out in the resolution adopted by the Board of Commissioners on that date and as incorporated in the plats entitled "Water Line Easement and Open Space Plat. tTnivcssity Manor, Phase I" recorded at Plat Book 77, Page 191, the plats entitled "Final Plat of Univcnuhy Manor, Phase I, Section I" recorded at Plat Book 78. Pages 28 and 29, Change County Registry and the Declaration of Development Restrictions and Requircra ms recorded at Plat Book 1572. Page 536 and to relieve the County and the Ch ner`.Apphcant of all requirements and conditions set out in the resolution and the Declaration of Development Restrictions and Requirements; anti, W liFREAS, The Board of Commissioners has determined that it should grant the request except as it pertains to the Conservation Fawcnnent gamed to the County in the document rccordcd at Book 1572. Page 555, Orange County Registry, and shown on the plats recorded at Plat Boot. 77, Page 191 and Plat l3ook 78. Pages 28 and 29. Orange County Registry which the County -.%]QwK to retain-, HE IT RESOLVED that 'The Board of Commissioners hereby revokes its De xmhcz 19, 1995 approval of the preliminary plan for University Manor, PhM- I ax set out in its resolution of that date and declares the plat entitled "Water r.inr F.asc mmt and Open Space Plat, 1Jni%•(,rsity Manor, Masr I" recorded at Plat Book 77, Page 191, the plats entitled "Final Plat of University Manor. Phase I. Section 1" recorded at Plat Book 78, Pages 28 and 29, (hangs Counh. Registry and the Declaration of M%cloptrnnt Rcstrictions and Requirements recorded at Plat Book 1572. Page 536 null and void and relieves the applicanVowner of all requirements and cm&tiorrs set out in the resolution and the Declaration of Development Reatriciiorm and RequirLincxcts except for the Comerva6on Easrrrn'nt granted to Orange County by University Manor Homeowners Asrcociation. Inc, as required in the resolution and as sho%vn on the plats recorded at Plat Book 77, Page 191 and Plat Book 78, Pages 28 and 29, Orange County Registry and as morn fully dc•sexilxed in the castrnent doe. -ument reeor& -d at Hook 1572, Page 555, Orange t mnty Rcgidry which the County ..ill maim Rt:SOI.N'F.l) FT?RTHF.R that the County Manager is authorized to c %Lvutc.c•hatcvcr documents necessary to tasty out these resolutions. Road Cfusing 37 WHERE AS, a petition has betty filed with Orange County. North Carolina pur%uant to I.C. 0%n. Stat. 4 153.A -241 to close pcnnane,•titly the fAkming street rights of way: .Ul of Wcstcott Court and Brampton Place lmated %A'Nv %� Iiopc Church Road (S. R. 1723) approximately 500 feet south of its intersection with told N.C. 10 (S. R. 17 10) as shown on the plats recorded at Plat Houk 78, Pagc 28 and PW Rook 78, Pagc 29, Orange County Registry. BE I 1 RESOLVED by the Orange County hoard of Commissioners: 1. That the roadways dew.•ribcd ahovc arc intended to he closcd permanently; 2. That a public hearing be held on , 1998 in the at -- — o'clock p.m. or as soon thcrcaRer as the matter can be heard. . - -- 3. That 3 cope of this resolution be published for once a week for tluee successive weeks prior to the hearing that a copy of the resolution be gent by registc and or certified mail to cacti o%%mer as shown on the county tax records of property adjoining the rights of way who did not join in the request to have the road or casement closed and that a noti%.V of the closing and public hearing lit permancritly posted in at least two places along the rights of way. 1. 8c•-crly ;t Hththc, C'Icrk to the hoard of Commissioners for the County of Change, North Carolina DO HFRF.BY CERTIFY that the foregoing resolutions havc been carefully copied from the recorded minutes of the Board of Commiccionerc for said County at a regular mccting of said Hoard held on . I998, said record having been umde in the Minute Book of the minutes of said Board and is a true cwp) of so much of said provecd ngs of said Board as relates in any way to the passage of the resolutions described in said proorndingx. Witness my hand and the corporate seal of the County this the ..._._ _ day of 1998. Clcrk to the Hoard of Commissioners I. Sanford W. Bailey, individually and as President of Ke%- NVcst Enwrptiscs, Inc. accept tine 38 m.-ocatim of the subdivision approval described above and acknowledge that any furihcr dcn,elopment application would he considered a new rcquc t subject to any rcquircanents ii hick are in c1kct at that time. By: Key West Enterprises, Inc. Sanford A. Bailey, lndiv'idually and as President 39 (Form of Public Notice) RESOLUTION OF INTENT TO CONSIDER CLOSING WESTCOTT COURT AND BRAMPTON PLACE AND DIRECTING NOTICE OF PUBLIC HEARING WHEREAS, a petition has been filed with Orange County, North Carolina pursuant to N.C. Gen. Stat. § 153A -241 to close permanently the following street rights of way: All of Westcott Court and Brampton Place located off New Hope Church Road (S. R. 1723) approximately 500 feet south of its intersection with Old N.C. 10 (S.R. 1710) as shown on the plats recorded at Plat Book 78, Page 28 and Plat Book 78, Page 29, Orange County Registry. BE IT RESOLVED by the Orange County Board of Commissioners: 1. That the roadways described above are intended to be closed permanently; 2. That a public hearing be held on , 1998 in the at o'clock p.m. or as soon thereafter as the matter can be heard. 3. That a copy of this resolution be published for once a week for three successive weeks prior to the hearing, that a copy of the resolution be sent by registered or certified mail to each owner as shown on the county tax records of property adjoining the rights of way who did not join in the request to have the road or easement closed and that a notice of the closing and public hearing be permanently posted in at least two places along the rights of way. Adopted the day of , 1998. RESOLUTION B RESOLUTIONS OF THE ORANGE COUNTY 40 BOARD OF COMMISSIONERS Date: Name of Subdivision: University Manor, Phase I Owner\Applicant: key West Enterprises, Inc. \Sanford Bailey Revocation of Subdivision Anoroval WHEREAS, a reguest has been filed by the Owner\Applicant to revoke the December 19, 1995 approval of the preliminary plan for University Manor, Phase I as set out in the resolution adopted by the Board of Commissioners on that date and as incorporated in the plats entitled "Water Line Easement and Open Space Plat, University Manor, Phase I" recorded at Plat Book 77, Page 191, the plats entitled "Final Plat of University Manor, Phase 1, Section I" recorded at Plat Book 78, Pages 28 and 29, Orange County Registry and the Declaration of Development Restrictions and Requirements recorded at Plat Book 1572, Page 536 and to relieve the County and the Owner \Applicant of all requirements and conditions set out in the resolution and the Declaration of Development Restrictions and Requirements. BE IT RESOLVED that The Board of Commissioners hereby revokes its December 19, 1995 approval of the preliminary plan for University Manor, Phase I as set out in its resolution of that date and declares the plat entitled "Water Line Easement and Open Space Plat, University Manor, Phase I" recorded at Plat Book 77, Page 191, the plats entitled "Final Plat of University Manor, Phase I, Section I" recorded at Plat Book 78, Pages 28 and 29, Orange County Registry and the Declaration of Development Restrictions and Requirements recorded at Plat Book 1 572, Page 536 null and void and relieves the applicant/owner of all requirements and conditions set out in the resolution and the Declaration of Development Restrictions and Requirements.The Board of Commissioners also revokes its acceptance of the Conservation Easement granted to Orange County by University Manor Homeowners Association, Inc. as required in the resolution and as shown on the plats recorded at Plat Book 77, Page 191 and Plat Book 78, Pages 28 and 29, Orange County Registry and as more fully described in the easement document recorded at Book 1572, Page 555, Orange County Registry. RESOLVED FURTHER that the County Manager is authorized to execute whatever documents necessary to carry out these resolutions. WHEREAS, a petition has been filed with Orange County, North Carolina pursuant to N.C. Gen. Stat. § 153A -241 to close permanently the following street rights of way: All of Westeott Court and Brampton Place located off New Hope Church Road (S.R. 1723) approximately 500 feet south of its intersection with Old N.C. 10 (S.R. 1710) as shown on the plats recorded at Plat Book 78, Page 28 and Plat Book 78, Page 29, Orange County Registry. BE IT RESOLVED by the Orange County Board of Commissioners: 1. That the roadways described above are intended to be closed permanently; That a public hearing be held on , 1998 in the at o'clock p.m. or as soon thereafter as the matter can be heard. 3. That a copy of this resolution be published for once a week for three successive weeks prior to the hearing, that a copy of the resolution be sent by registered or certified mail to each owner as shown on the county tax records of property adjoining the rights of way who did not join in the request to have the road or easement closed and that a notice of the closing and public hearing be permanently posted in at least two places along the rights of way. I, Beverly A Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina DO HEREBY CERTIFY that the foregoing resolutions have been carefully copied from the recorded minutes of the Board of Commissioners for said County at a regular meeting of said Board held on , 1998, said record having been made in the Minute Book of the minutes of said Board and is a true copy of so much of said proceedings of said Board as relates in any way to the passage of the resolutions described in said proceedings. Witness my hand and the corporate seal of the County this the day of '1998. Clerk to the Board of Commissioners I, Sanford W. Bailey, individually and as President of Key West Enterprises, Inc. accept the revocation of the subdivision approval described above and acknowledge that any further development application would be considered a new request subject to any requirements which are in effect at that time. LM Key West Enterprises, Inc. Sanford W. Bailey, Individually and as President 41 L i D-1 1 -11 Earlae Tau ' Recording Time. Book ant rays Tax Lot No. _ .7.163_ .A.._. __ .... ............. ........ Parcel Identifier No. __.98$2 -39- 8332....._... -. ................... Verified by ......... _ . County on the day of ............ _.._ . ... ..................... 19 by.. .... ....I._ .... ....... .. .......... ..................._. ... .......... ,.... ........... ..... ..... ...... ..... ... ... ............ I Ball after recordiRC to DaVU.N... ROoke.... IiI ...P..Q.JD.o.X..IIo,X.ZZOd.... MaPe.1..A11Z,...r1C..27 .5.1.5.- 22.Ofl..._ ............. This inatrsnleet was prepared by .. Rooks, .111 . . Brief description for the Index NORTH CAROLINA NON - WARRANTY DEED 'i III$ DrX13 made this ............... day of ...................................... _ ...... ..... ... _... 19_10... by and between GRANTOR Orange Cntmty, North Carolina a body politic existing under Chapter 153A of the North Carolina lennral Statutes GRANTEE University Manor Homeowners Association, Tne. taw In appeapeiale block mew tees nary: asset. asaraee, 114 v ypgdoW aearaeler N ralllr, as aaryesaiten er MrtmeraF she designation Grantor and Grantee as used herein shall Include said parties, their hairso wccessors, and awiyas, and +halt Include singular, plural, nummlins, feminine or neuter as required by contest. AI' P-986TH. that the Creator, for a valuable consideration paid by the Grantee, the receipt of which is hereby Acknowledged, has and by thus presents does Rrast, bargain, sell and convey unto the Crantee in fee simple, all that ,-ertkin lot or parcel of land situated In the City of ................... . ........... ... 1 .1 t1111_ _. Township. .... Orange .......... ... County. North riarolias and more particularly described as follows: Being all of the area designated as "Conservation Easement" an the plat entitled "Waterline Easement 6 Open Space Plat. University Manor. Phase I" prepared by Bass. Nixon 6 Kennedy, Inc. dated March 4. 1997 and recorded at Plat Book 77. Page 191, Orange County Registry to which reference is made for a more particular description. N f /m.ft1 42 N The property bereinabovt• described was actiuiretd by Grautur by instrument recorded iu Book 1572. Page 555, A map ahowing the sllov.• feicribed property is recorded in Plot Hook 77 page . .. 191 TO HAVE AND TO HOLD the Aforesaid lot or parcel of land and all prlrllctes and appurtenances tbereto helongine to tho (:MIUM in fee simple. The Grantor makes no warranty, expreoe or implied, as to title to the property hereinaloove described. IN WIlNtta WY6ataw. tut uraetet acs teeteastd tot aM seat •at seal. to u cerootate, has earMi Lek lmu most to be te�yaeN la m sMDetalt ee�e or tts Awt7 a ".I-M" *trice- aaA Its Met to M Ieorteltt 4tax4d ►r o afterfer N m neare M ntrasters, qt day Raj rear ■set a►ere wrttlsa. ........ .._ ................. ie __float ........................ tatcALl Wmx.fate Afloat) . . .................. .........................(BALI .............................. . rrnlaeat x all Atrtmr: V 1. ............ .................... .........................(STAL) ........................ .... ........................... seerelaty (com "t Real) ............................... ......................... MAL) MAL -aTAMP ). WORT" CAROL .INA. ............ � ............ .........Costly. A A 1, a m"my le►lk W tat Cerra W state atenaw, rerlay lost ........................................... _ ------------------------------- yMn mi nsrlly appana Wave r two ty ant aaww"ed Me eaMeta K nt Mreco ae Ittreweal. ss*= -r st -0j n haM ttktal sad eance M seal. tole ... ear of , to a r ^tt cvsww/w{m eavfm: _ ..... .... ................ ............. .........................o1wary redet saAL -STAMP NOMM CARGUMA .... ............................... C"N7. 1, a Uttar) ►neat .,t The Ctetttr set state afirreata, ettrNy teat _ ..... nesewa" Caere Meets wt t1k Y7 the etaelrelMeoA tits$ .... be It ---- --- --------- --- -- -- -- - aeeretar7 of ....... ....... .... ....._. .foal _. -. -- . a North Carrllaa eMomattew, sect that by seUMlty Ady i !lean aM oo the set ds tae terveranaw, tat 1"Was hwtreewwt woo fusee in to Astad " no ............... a prealddaq atelot wK% as esteordt tut sea ortrrtte by ----------- as as ----- -------------- -- -- -- -- secretary. Wastes ag bud a" meets$ tinny at mom, Lay _ Mr of ........ ................. to...... .tr r•r,.rteelee eeplrtt ................. ....._.. ---------------------------- _- ..- „_Notaty t swts sae tuetilR CeroacaaNp ar .... ... ........................ N/aet testes” td M s•etwst, itw ....f.oweel ape mode eetarttase tut dry mobfrett N UM 4M red User sat la taut idea emit I"@ Movies ere set lief pass attaef. --.....---- ..-------------------------------------------------- ---- -- Szolem tot n9lum cos ........................ .'-___ -._ tlrVf►tT ar ....................................... ---------- ireN7 /AMYYN- IFasletee ar Dta4 t L 4 � Gl 43 r r