HomeMy WebLinkAboutAgenda - 03-04-1998 - 9eSUBJECT:
ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 4,1998
Revocation of Preliminary Plan — University Manor, Phase I
Action Agenda
Item e
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 I.
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 7 or April 21, 1998.
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RESOLUTION
OF THE
ORANGE COUNTY BOARD OF COUNTY CONXISSIONERS
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
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.
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5. All laWshall`access onto the new subdivision roads. This
restrl'ctiow. 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.
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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.
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5. All laWshall`access onto the new subdivision roads. This
restrl'ctiow. 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.
WO
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 rscorded 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
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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.
S. .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.
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ORANGE COUNTY NNING DEPARTMENT 8c10N 1572 pt�� 53fi 10
NORTH CAROLINA
DECLARATION OF DEVELOPMENT
RESTRICTIONS AND REQUIREMENTS
RECORDED CONCURRENTLY WITH UNIVERSITY MANOR SUBDIVISION
PHASE I SECTT N I
FOR MULTIInLE P!N SHEET PLAT BOOK/PAGE
SEE BOOK "la- PAGE, L_1
OWNER: KEY WEST ENTERPRISES. INC
UNIVERSITY MANOR HOMEOWNERS ASSOCIATION
This DECLARATION, made this il day 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 —19 Page
Q8 Orange County Registry, hereinafter "the property" or "the subdivision ".
SETBACKS
-
Building shuch'tres 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
sooK 1572 Ph%i 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 Zo ordinance.
A portion o416tt3A5,6 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 Iocated 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
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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
responsibili for the maintenance and control of said improvements until they are accepted
for maintermme 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 Is ?z PG SS5
3
Declaration of Covenants, Conditions and Restrictions (DB PG 5ftL--)
Tree Removal Agreement
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.
3�i►�.i't- Secretary Sanfor . Bailey, Preside t
f Key West Enterprises, Inc.
Attest: �' �' '
a
Secretary`��
%i, .i A L b
.•hat `,�
114 101►
NORTH CAROLINA
COUNTY
13
By: 244to
Sanford Bailey, President
University Manor Homeowners ssociation
FILED
1G APR 1-397, at 11: 58: 11am
c^ — 5^'3
157 Facie �G
Betty ,June Hayes,
Register of Deeds,
orange Ccfunty. N. i_.
I, c�tl� K S2Qam�fes , Notary Public for said County and State,
certify that m— S�— 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 n can by their presidents, sealed with
their corporate seals, and attested by himselfismoM as theiPSecretary.
Witness my hand and official seal, this the day of 1997.
My commission expires:
NORTH CAROLINA - ORANGE COUNTY
O 91le"
,
7 �� NOTARY ,s.
_?UBl1 :�
UN
g0�n �.5�2 Pi:GE 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 ��a -39- -E; /
—7. ? c. 3
t'eCONSERVATION EASEMENT
This CONSERVATION EASEMENT made this —1%4 j-X day of
Qc?rt L- , 199f by and between University Manor Homeowners Association, Inc.
It
( "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 t" 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
gDoe,1572 F,,cE 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 wJ -the conservation values or interests of the
Protected .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
wox 1572 PAGE 557
16
2. Prohibited Uses. Any activity on or use of the
Protected Property inconsistent with the purpose of this
Conservation easement 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 purposes
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 (includingi 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;
1.5 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 TheAraiai.ngr filling, dredging, or diking of any
wetlands",. including any enlargement thereof, or the
cultiva 'or other disturbance of the soil..
2.7 The pollution, alteration, or manipulation of the
water course& located on the Protected Property or the creation
3
aoor,1572 Pk.: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 or N.C. 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,
motorcyclesall- terrain or off -road vehicles, or any other types
of motorize vehicles or motorized floating craft;
3. Grantor's Reserved Rights. Grantor hereby reserves the
following rights:_-
4
6004572 <� 559
18
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
Conservatid&- Zasement, 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
Buur lj
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 Conserattion 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 Pz 561
4.5 Discretionary Consent. Grantee's consent for
activities otherwise prohibited under paragraph-2 above, or for
20
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
residentiail�__ commercial ox-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
Kku 1a 14 Few .3 b'
21
inherent in the Protected Property, 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 retains, 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_aupd assigns of each of them (collectively "Indemnified
Parties ") f;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
8
m 1572 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 Basement.
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. TlUe. Grantor covenants and represents that Grantor
is the saw owner and-in seised of the Protected Property in fee
simple and has good right to grant and convey this Conservation
Basement; that the Protected Property is free and clear of any
g
MAX-
so�r,15�72 Ph�� 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.
9. 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 aw':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
. BuOA 1572 P, at 565
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 Grautee.
9.1. agency Enforcement. If Grantee, in its sole
discretion, dater-mines that circumstances require immediate
action to prevent or mitigate significant damage to the
conservation_values__of the Protected Property, Grantee may pursue
11
24
►M.11A-
eoo 1572 PMVI 566 z 5
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 aet 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 and 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
MO
eooK15�2 Nhc�56�
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 fcr 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
pooh 1579
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 ecosyatem.0- 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
BOOK 157? F,,a 569
` 15. Eminent Domain. Whenever all'or part of the Protected 28
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 Severability. If any provision of this
Conservation.Easement or the application thereof to any person or
circumstancTis 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
157? p4a 570 29
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 thaev'ent 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
�55 11tt 30
mail to the following address or such address as�r'may�be hereafter 1
designated by notice:
Grantor: University Manor 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 HOMEOWNERS ASSOCIATION, INC.
By: 40---A�w _
Pres' ent
ATTEST:
gyp, FILED
16 APR 1997, at 1 1 : 58: 14am
Book 1572, Page 555 - 572
ftyr;,� Secretary ,�,: �< _ E�et t y June Hayes,
t; S` l ;�, = Register of Deeds,
Orange County, N. C.
State of North Carolina',, .'j' �, •%Pti'
Orange County '. � • �ti" �` -
AlyR bbefore m; .
On this 14 day of_ Ajoj , , w o, being by
me duly sworn did say that he is the Qssr Secretary of University Mano
Homemmners Association, Inc., the corporation named in the foregoing
instrument ;;that the seal affixed to said instrument is the
corporatioAeal of said corporation; and acknowledged said
instrument..:: be the free act and deed of said corporation.
K.
OsO" pnnu „'q
T Susa an K: ,S ro a� � H0TO), �
Co on Expires : v'
is - � � ** s
31
EXHIBIT A TO CONSERVATION EASEMENT
BEING all of the area designated as "Conservation Easement" on the plat entitled "
Waterline Easement and Open Space Plat, University Manor, Phase P' 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.
9 t
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JOHN A. NORTHEN
J. WILLIAM BLUE, JR.
DAVID M. ROOKS, III
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 .7 8,4998-
Re: University Manor Subdivision
Dear John:
34
MAILING ADDRESS:
P. 0. BOX 2208
CHAPEL HILL, NC 27515 -2208
TELEPHONE (919) 968 -4441
TELEFAX(919) 942 -6603
E -MAIL: nblawpnetpath.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. Declarm do of Restrictions recorded at Book 1572, Page 541;
3. Conveywm 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
Road Closing
37
WHEREAS, a petition has been filed kith Orange Count),. North Carolina pursuant to
N.C. Gen. Stat. 9 153A -241 to close permanently the fallo+%-ing street rights of way:
All ofWestcott Court and Brampton Placr located %A*Nc%t Ilopc Church Road (S.R.
1723) approximately Soil feet south of its intersection %,%ith Old N.C. to (s. R. 17 10)
as sho%, n on the plats recorded at Plat Rook 78, Pab+c 28 and Plat Rook 78, Page 29,
Change County Registry.
BE H' RES0)l.VED by the Orange County Hoard of Commissioners:
1. That the roadways *- w-Tihed above arc intended to he closed permanently;
2. That a public hearing be held on , 1998 in the
at o'clock p.m. or as soots 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 rcr<olution be sent h. rcgistc-rcd or eertif cd 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 casement closed and that a notice of the closing and public hwring be pemianenttly
posted in at least two places along the rights ofway
1. Hc•-crly A. Blydw, Clerk to the Hoard of ComntissionCrs for the County of Orange,
North Carolina DO HF.RF.RY CERTIFY that the foregoing resolutions have been carefully copied
from the recorded minutes of the Board of Commicsionerc for said Count• at a regular meeting of said
Hoard held on . 1998, said record having been made in the Minute Book of the
minutes of said Hoard and is a true copy of w much of said procxcd ngs of said Board as relates in any
way to the passage of the resolution described in said pros ccdinWL
Witness my hand and the corporate Kcal of the County this the _ .. - - -- day of
w ,1998.
Clerk to the Hoard of Commissioners
I. Saatford W. Bailey. individually a»d as President of Key Wcst Enterprises, Ltc. accept the 38
rcvmatitm of the subdivision approval described above and acknowledge that any further dcvclopment
application would be considcrcd a nom- mqucst subject to am• rcquireinents m-hich are in eMct at that
tiinc.
By:
Key West Enterprises, Inc.
Sanford W. Bailey, Individually and as
President
(Form of Public Notice)
JYLOOUJ
RESOLUTION OF INTENT TO CONSIDER CLOSING
WESTCOTT COURT AND BRAMPTON PLACE
AND DIRECTING NOTICE OF PUBLIC HEARING
rage +i+
39
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. 17 10)
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 ofthis 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 ORAINGE COUNTY 40
BOARD OF COMMISSIONERS
Date:
Name of Subdivision: University Manor, Phase I
OwnerWpplicant: Key West Enterprises, Inc. \Sanford Bailey
WHEREAS, a request 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
OwnerVfflicant 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 1572, 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.
Road Closing,
OWMEA3, a petition has been filed with Orange County, North Carolina pursuant to
N.C. Gen. StA tWA 241 to close permanently the following street rights of way:
All of Wedcott Court and Brampton Place located off New Hope Church Road (S.R.
1723) approximately 500 fed south of its intersection with Old N.C. 10 (S.R. 1710)
C. �,., a�:a MUUKS J4400rJa Page 3/4
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.
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.
Key West Enterprises, Inc.
-_ _ By:
Sanford W. Bailey, Individually and as
President
41
Tax Lot No. -.7. 163.._ L...___......._........._ . ... ....... ....... . ........... Parcel Identider No. _9882-39-8332-- ....... .. ........
Verill" by __ ..... ......... ...... .............. ... ... .. . County on the . - - day of ...... . . .. ..... . .. .. .... .. ............. ... 19 .
by. ....... .... . . ....... ........... . ..... ... .. . .. ....... .. I ..... ...... ........ .... .. - I ... ..... ........... .... ... ............. .
Mau after recording to Rookc ... AQX Box.. Z75.15-22.0.0 .... .......... ....
............................. ............................. ........ .....
This instrument was prepared by VsvE.&..j4....Ro*ks, .. ...... ... .... ....... .... I ......
Brief description for the Index I
NORTH CAROLINA NON-WARRANTY DEED
am 13221) made this ........... __ day of .......................... ..... ..... .... ......... ...... .. by and betIVecat
GRANTQX — I GRANTER
OrAnse County, North Carolina
a body politic existing under
Cbapter 153A of the Worth Carolina
('eneral statutes
University Manor Hoseowners Association. Tne,
Fates in appreptaw bb& rw emu tany: name. aawww ass, ar APPOPdOW saw&~ of rXWY, as servetahoft W parbmff@W
rho "ruslion Grantee and Gcaslee as on# basin sball Laclede sald parties, their bake, succesem. and assigns, and
,thall latiode slagulw, plural, zasscutlu% hmhfto or nester as r"vired by context.
RMP-4116TH. that Me Grates, for a valuable eassideralles P&M by the Creates, the receipt of w" J• hereby
Acknowledged, has and by them presents does gna4 bargain, sell evil enny onto the Crantse in fee simple, An that
,:ertain lot or pared of Land situated In the (ft of .................... . ..... __ ............... ... E'W/q4PqAA4V ....... Towsomp.
. . ........... 01.aftsu ..... ... .. ...... County. North CArelime, and man particularly described as follows:
Bolng all of the area designated as "Conservation Essamept' on the plat entitled
"wotorline, Easement a open Space Flat. Valveralcy Manor, Phase I" prepared by
Bass. Nixon & Kesnaft. Inc. dated March 4. 1997 and recorded at Plat Book 77*
Page 1910 Orange, C001". FAV"Itry to Which r6fOrIBUCe is sade for a move particular
description.
0
Is jr NW&~ ate. fto —
42
I
43
The ProilattY hereinabow described was acquired by Grantor by instrument recorded in Book 1572. . Pa . ge 5 . 55.
A map shavins the Ahn— kmerlbod property in recorded in plot pwA 77 . . Pat, _ _ 191 .
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all vrivileres and appurtenances thereto holonging to thp
Grantee In fee simple.
71bo Grantor aboinin no warranty. exprego of Implied, an to title to the property kerelualbove described.
IN WrIPWRIS *NIKMIW. CIM Urantat ft" sarovote SMI Job be" A" 846L or It eywvwek, has ca—va tak tamrameat to be %dollab as
==—ft by its ANY A-a-10" am"" 6" as "M I* be Joaftoole amaw* by audener or ete issave at uueeoars, .0.1 thy :2&y Ile
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