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Home My WebLink About2002 S ERCD - Declaration of Proposed Deed Restriction for Little River Park and Natural AreaP~slZllo~- Prepared By and Mail To: Geoffrey E. Gledhill, P.O. Drawer 1529, Hilisborough, NC 27278 Beor2597 F~cr 557 STATE OF NORTH CAROLINA DECLARATION OF DEED RESTRICTIONS COLTNTY OF ORANGE Little River Regional Park and Natural Area s~ ~ THIS DECLARATION OF DEED RESTRICTIONS made an entered into'this ~ day of , 2002, by ORANGE COUNTY, NORTH CAROLINA, a body politic and corporat political subdivision of the State of North Carolina, hereinafter "COLTNTY." ~8tg- ~3-aoay WITNESSETH D$ D"] - q g• y']C/ (P ~ WHEREAS, County owns certain real property situated in Orange County, North Cazolina, recorded in Deed Book 2157, Page 548, of the Orange County Registry and more particularly described in Exhibit A, attached hereto ("the Properry"); and WHEREAS, this property was acquired with State financial assistance provided by the North Cazolina Pazks and Recreation Trust Fund (PARTF) and with Federal financial assistance provided by the National Park Service in accordance with the Land and Water Conservation Fund Act of 1965 as amended (LWCF); and ~ WHEREAS, County has received said grants in consideration of which County has agreed that the Property will be conserved and managed in a manner that will protect the permanent use of the Property for open space and otherwise promote the public purposes authorized by both the PARTF and LWCF. NOW THEREFORE, County hereby declares, covenants and agrees that the Property may not be converted to other than public outdoor recreation use, whether by transfer, sale, or any other manner, pursuant to the regulations and requirements set forth by the North Carolina Parks and Recreation Trust Fund and Land and Water Conservation Fund Act of 1965 as amended. County reserves certain rights accruing from ownership of the Property, including the right to engage in or permit others to engage in uses of the Property that aze not inconsistent with the purpose(s) of this Declaration. All rights reserved by County are reservedfor County, its representatives, successors, and assigns, and are considered to be consistent with the purposes of this Declaration. IN TESTIMONY WHEREOF, COIJNTY has executed this Declaration of Deed Restriction by the duly authorized representative on the date first written above. " ~ ~00,~~597 ~~cE 558 By: Commissioners • Attest: ~~y~~~ Beverly A. ythe, Clerk to the Board of Coinmissioners NORTH CAROLINA COUNTY OF ORANGE I, a Notary Public of the County and State aforesaid, certify that Beverly A. Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of Orange County, North Carolina the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Boazd of Commissioners. Witness my hand and official stamp or seal, this the ~~day of /~~ , 200~. ~`,~~~, ~,,,,,rr .~`~~~~ ~ U ~''~ ; ~~~,,; ~ission expires: = ~ ~~ o ~=~~=~-~'`/ ,~: ~ ~; ~ ° ~.= ~- G ,~i 0 ~ ~; ; ; - C~: ,~ , n~ _ :~ ~ ~1-.''• ,M1;\~~\: . , n, ~ ~,~ ;,~~ ~irr~t~~t ORANGE COUNTY, NORTH CAROLINA ~ ~-~~ otary Public Barry Ja s Chair, oard of _ ~v~~2597 F~cE 559 ~°Unt p ~f ~t ~ . ~'~~ ~`~ ~ ~`~ '~ ~''o~ \~h ~`fi~ ~a~~ Joyce H. Pearson Register of Deeds Orange County North Carolina F= ~ L ~ L~ :_~ 1~°1F;`i` c'i.~C1~~ c~t i.):=: t%~Ft i.U~~tf~ ~+ O O P~. :_ ~] ~ .' ~ F'~ cl ~a ~' ~ a : - ~ : f-. ( i ._!C~'r'i=E' 1-!. i'ccr~~.;~fi 1':L~-~1:'i~~~~` tJi L~~~'C~~r, i i,-• a n g~ l: c~ u r~ ~•~~ , i•d . t: . State of North Carolina, County of Orange The foregoing certificate/s of Evelyn M. Cecil, for the Designated Governmental units is/are certified to be correct. See filing certificate herein. This day May 23, 2002 JOYCE H. PEARSON, REGISTER OF DEEDS y: • ssistan eg'"ter of Deeds _ : . ~ . ~ ~BOOK2597 FacE 560 . .. EXHIBIT A '1'hose tracts or parcels of land lying and being in, Little River Townshi~, {:ounty of Orange, State of Nc~rth Caroli»a anci more particularly described as follows: Tr_ ac-t 1 Being all of a 7.61 acre tract, more or less, bordering the north fork ofthe Little River, tl~e ,ame being design•jted as "Tract A" - on 5heet T~~+~o of the map and plat entitled "Little River Park: Property of 7"ciangle Community Foundation," dated May 17, 2000, Uy .lerry L. Hunt, R.L.S., and recorded at Plat Book ~_. PaBe ~°f t11e Orange Ccunty Re~ister of Ueeds Oftice and at Plat Book I.5'b , Page ~~3 of the Durham County Register af Deeds Uftice. Tract 2 Being al l of a 128.14 acre tract, more or less, bordering the north fork of the Littie River, the same bein'g d~s i~nated as "'I'r~ict B'' on Sheet One of the above-referenced ptat and recorded at Plat Book ~, Page ~_ of th ~ Oran~c CUUnty Rebister of Deeds Office and at Plat Book 1 SD , Page _/ ~ 1____ of the Dvrham Couiity Register t•f Deeds Officc. ln addition to and including the above-described tracts, there shall be a perpetual fifty fo~t (50') access ease:ment on "I'ract C: of the above-reCerenced plat, whicll is further described as follows: Beginning at an existing iron stake situated at the southeast corner of Tract A as shown on Sheet'1'~vc~ of the above-referenced map and plat entitled "Lit[le River Park: Property of Triangle Community Four.dation"; ninningthenceafongtheDurham-OrangeCountyLineN07°55'16"W 100.00feettoapoint;runningthencc S 82°04'44" E 50.00 fect to a point; running thence S 07°55'06" E 1,99~.00 feetto a point; runnin~ thence N 82°07'S4" 1~ 50.00 feet to a paint on the Durham-Orange County Line; running thence atong the Durham- Orange C~ounty Line11 07°55'16" W 100.00 feet to an iron stake, and continuing along the Durham-Ucange County Line N 07°55'16" W i,794_OS feot to an iron stake, the point and place of BEGiNNING, the same being the "SO Foot Ingress & Egress Easement" as shown on the western boundary of Trac[ C on the map and plat identified abave. '1'I,e conveyance ofthe above-identified Tract2 (also identified as Tract B on the above-referenced plat) is madesubjecttr~ ti+~o I~e~rpe~tun! nccess easements, il~e first of ~vhich is further described as follow~s: Beginninb at an existing iron stake situated at the northeast corner of Lot 5, Section 17 as shov~m on tlie map and plat entitled "Little River farms" «•hich is recorded at Plat Book 22, Page 1] of the Orange ~:ounty Registry; running thence N 07°52'Ob" E 200.OU feet to a point; running thence S S2°07'S4" E 60.00 teet to a point o» the Durham-Oranbe Counry Line; running thence a(ongthe Durham-Oranoe County Line S 0'~°52'06" W 218.83 feet to an iron stake; runningthenceN 64°33'03" \'J 62.33 feetto an iron stake, thc point antl place of (3~GI1~N 1NG, the same beingthe "60 Foot Ingress & Egress Easement" as showt~ adjacent to Summe:r Lane in tlic south~vest portion of Tract B on the map and plat identified above. Tl~e seco~id access easeinent to ~vliich Tract B is subject is further described as follo~t~s: Beginning at an eaisting iron stake situated on d~e east side of Guess Road in tf~e southwest corn~~r of tl~e property of Larry L. Adams as described in that deed recorded at Deed Book 272, Page 1229 af the C~ran~e Cc~unty Re~istry; running thence N 60°27'30" E 209.58 feet to an existing iron stake; runnin~ thcncc S 89` 12'S4" E 3,2~532 feet to a point on the Durham-Orange Counry ~..ine; running thence 11ong the I)urham- Oran~e Caunty Line S 07°52'06" \~J 50.00 feetto a point; runningtltence N 89° 12'S4" W 3.325•56 feet to a point; running thence S GO °27'30" \~J 188• 18 feet to a point on the east side oi'Gucss Road; running thcncc N 38°47'~8" W 50.G6 feet to an iron stake, the point and place of BCGII~NI~G, tl~e same beirig the' S0 Foot In~ress &~.gress Easement" as sho~h•n transverse Tract B on the map and plat identified above.