The URL can be used to link to this page

Home My WebLink AboutRES-1996-061 Resolution approving the Revocation of Preliminary Plan - Fox Hill Farm Phase Two RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS Date December 17 , 1996 Name of Subdivision Fox Hill Farm PHASE TWO Owner/Applicant Randall Fox The Board of County Commissioners hereby revokes its October 4, 1993 approval of the Preliminary Plan for PHASE TWO of Fox Hill Farm, thereby rendering null and void the plat entitled "Final Plat - Fox Hill Farm Phase Two Section A-1" recorded with the Orange County Register of Deeds Office at PB/PG 73/11 and the Declaration of Restrictions recorded with the Orange County Register of Deeds at BK/PG 1318/449-451, and.-.all requirements , conditions, dedications and acceptances thereof contained therein. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing has been carefully copied from the recorded minutes of the Board of Commissioners for said County at a regular meeting of said Board held on December 17, 1996, 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 resolution described in said proceedings . �ITNESS my hand the corporate seal of said County, this day of C erk to t Board of ommissioners I, Randolph Dudley Fox, accept the revocation of subdivision approval described above, and acknowledge that any future development application will considered a new request, subject to any requirements which e in effec at that time. and 1ph Dud y Fox, Sole owner o Fox Hill Farm Pha e Two SEP-24-1996 11:04 FROM GARDEN U I EW REALTY TO E7EE062 P.02 �e WACHOVIA BANK OF NORTH CAROLINA, N.A. R')1 NORTH MAIN STREET NSTON—SALEM, N.C. 27150-210S MAY 22, 1996 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: LC968-070103 BENEFICIARY: APPLICANT: ORANGE COUNTY RANDOLPH D. FOX ORANGE COUNTY COURT HOUSE 2726 CROASDAILE DR, SUITE 102 HILLSBOROUGH, NC 27278 DURHAM, NC 27705 AMOUNT: * U.S. ' $500, 000. 00*' FIVE HUNDRED THOUSAND AND- 00/100 ONLY UNITED STATED DOLLARS EXPIRATION: MAY 15, ' 1998 AT OUR COUNTERS. FOR PAYMENT DEAR SIR: THIS IS TO INSTRUCT YOU THAT WACHOVIA BAND OF NORTH CAROLINA, N.A.`, 30.1 NORTH MAIN STREET, WINSTON—SALEM, NC 27150 HAS OPENED ITS IRREVOCABLE 'CREDIT IN FAVOR OF ORANGE COUNTY FOR THE ACCOUNT OF RANDOLPH D. FOX UNDER OUR CREDIT NUMBER LC968-070103 FOR A SUM OR SUMS NOT EXCEEDING A TOTAL OF U.S . S--00, 0.00 . 00 (FIVE HUNDRED THOUSAND AND 0.0/100. U.S. DOLLARS) AVAILABLE BY YOUR "TS ON WACHOVIA BANK OF NORTH CAROLINA, N.A. AT SIGHT, TO BE ACCOMPANIED A CERTIFICATE FROM THE ORANGE COUNTY (N.C. ) COMMISSIONERS OR FROM THE ORANGE COUNTY (N.C. ) MANAGER READING: " THE TIME FOR CONSTRUCTION OF ALL IMPROVEMENTS SHOWN ON THE FINAL PLAT(S) OF A PORTION OF FOX HILL FARM IDENTIFIED AS (HERE STATE SUBDIVISION PHASE(ES) AND SECTION (G) OR OTHERWISE REQUIRED BY ORDINANCE TO BE CONSTRUCTED THEREON HAS EXPIRED AND SAID ' IMPROVEMENTS DO NOT CONFORM TO STANDARDS REQUIRED BY ORANGE COUNTY (N.C. ) " . DRAFTS MAY BE PRESENTED SERIALLY. ANY DRAFTS SO DRAWN MUST BE MARKED "DRAWN UNDER CREDIT NUMBER LC968-070103" . THE PERIOD FOR COMPLETION OF ALL IMPROVEMENTS BY RANDOLPH D. .FOX EXPIRES ON I11AY 15, 1998. THIS IRREVOCABLE LETTER OF CREDIT TERMINATES ON THE EARLIER TO OCCUR OF: (A) THE EXPIRATION DATE OF MAY 15, 1998, OR (B) THE PRESENTATION OF A CERTIFICATE FROM THE ORANGE COUNTY (N.C. ) COMMISSIONERS OR ORANGE COUNTY (NC) MANAGER READING: ALL OF THE IMPROVEMENTS SHOWN ON ALL FINAL PLATS OR OTHERWISE REQUIRED BY ORDINANCE TO BE CONSTRUCTED THEREON HAVE EITHER BEEN SATISFACTORILY COMPLETED OR THAT ALL OF THE FINAL PLATS HAVE BEEN WITHDRAWN" . THE UNDERSIGNED ENGAGES WITH YOU THAT ALL DRAFTS DRAWN UNDER AND IN ",IANCE WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON DELIVERY OF ENTS AS SPECIFIED IF PRESENTED AT THIS OFFICE ON OR BEFORE MAY 15, 1998. —CONTINUED- • SEP-24-1996 11:05 FROM GARDEN UIEW REALTY TO 8788062 P.03 �ACHOYIA iIRREVOCABLE LETTER OF CREDIT NO: LC968-070103 PAGE 2 . AS USED IN THIS LETTER OF CREDIT WE HAVE BEEN ADVISED THAT THE FOLLOWING TERMS SHALL HAVE THESE SPECIFIC MEANINGS: "FOX HILL FARM" MEANS (A) TRACTS 1, 2, 3,4 AND 5 AS DESCRIBED IN THAT CERTAIN DEED -FROM CENTRAL CAROLINA BANK AND TRUST COMPANY, TRUSTEE, TO RANDOLPH DUDLEY FOX .DATED AND RECORDED AUGUST 30, 1990 IN THE ORANGE COUNTY (N.C. ) REGISTRY AT BOOK 872, PAGES 513 THROUGH 538, BUT (B) LESS AND EXCEPT THE FOLLOWING: U) FOX HILL FARM, PHASE I, SECTION A, AS PER PLAT RECORDED *.IN PLAT BOOK 57, PAGE 103_, ORANGE COUNTY (NC) REGISTRY; (ii) FOX HILL FARM, PHASE I, SECTION A ("RECOMBINATION OF A PORTION 0 F LOT 9") , AS PER PLAT RECORDED AT PLAT BOOK 57, PAGE 198, ORANGE COUNTY (NC) REGISTRY; (iii) FOX HILL FARM, PHASE I, SECTION B, AS PER PLAT- RECORDED IN' T BOOK 60, PAGE 39, ORANGE COUNTY (NC) REGISTRY. (iv) FOX HILL FARM, PHASE I, SECTION C, AS PER PLAT RECORDED. IN PLAT BOOK 74,PAGE 136, ORANGE COUNTY (NC) REGISTRY. "FINAL PLAT" MEANS ANY SUBDIVISION PLAT OF A PORTION OF FOX HILL- FARM • ' APPROVED BY ORANGE COUNTY FOR REGISTRATION AS A FINAL PLAT PURSUANT -TO ITS SUBDIVISION ORDINANCE. "IMPROVEMENTS" MEANS ALL SITE WORK SHOWN UPON ANY FINAL PLAT OR REQUIRED BY ORDINANCE, INCLUDING, WITHOUT LIMITATION BUT AS APPLICABLE, ROADS, UTILITIES, LANDSCAPING, SIGNAGE AND COMMUNITY AMENITIES. EXCEPT SO FAR AS OTHERWISE EXPRESSLY STATED, THIS DOCUMENTARY CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 • REVISION, INTERNATIONAL CHAMBER OF. COMMERCE PUBLICATION NO. 500 . PLEASE DIRECT ANY FUTURE- CORRESPONDENCE OR INQUIRY QUOTING OUR REFERENCE NUMBER TO WACHOVIA BANK OF NORTH CAROLINA, 301 NORTH MAIN STREET, WINSTON- SALEM, NORTH CAROLINA 27150, ATTN: STANDBY L/C UNIT. SINCERELY YOURS,. WACHOVIA BANK OF NORTH CAROLINA, N.A. BY: ilzE SIGNA /LM BROWN & BUNCH ATTORNEYS AND COUNSELORS AT I �;{� 1997 CHARLES CORDON BROWN 4900 NOrtllPark "' CH ' OFFICE 'LL1AM W.BUNCH,111 101 NOR JMBIA STREET LAAM D.BERNARD 4900 Falls of Neuse Road, Suite 21 r H CAROLINA 27514 ANN txvlN (Street Zip Code 27609) (919)9C 8-n 11 ...ARTHA LEANN NEASE Post Office BOX 19409 _ 19)968-1444 JOHN C.SCHAFER — WILLIAM H.WEATHERSPOON,JR. Raleigh,North Carolina 27619-9409 DURHAM OFFICE SCOTT D.ZIMMERMAN (919)878-8060 3100 TOWER BOULEVARD Facsimile: (919)878-8062 UNIVERSITY TOWER-FIFTH FLOOR DURHAM,NORTH CAROLINA 27707 (919)490-9700 FACSIMILE(919)419-9736 March 14, 1997 Ms. Beverly A. Blythe, Clerk Orange County Board of Commissioners Post Office Box 8181 Hillsborough, N.C.27278 Re: Randolph Dudley Fox; Letter of Credit Dear Ms. Blythe: Pursuant to your letter to Randy Fox dated February 4, 1997, please find enclosed two (2) copies of the Resolution of the Orange County Board of Commissioners dated December 17, 1996 and executed by Mr. Fox. As the Revocation of Declaration of Development Restrictions and Requirements prepared by Geoff Gledhill was recorded in the Orange County Registry on February 20, 1997 in Book 1554, Page 500, we understand that the letter of credit issued by Wachovia Bank of North Carolina may now by terminated upon Wachovia's receipt of a certification from the Board of Commissioners consistent with the requirements of the letter of credit. Please find a copy of the letter of credit enclosed herewith for your reference. As soon as possible, please submit such a certification to the attention. of John M. Hansen, Vice President, Wachovia Bank of North Carolina,Wachovia Capital Management, 100 N.Main Street,Winston-Salem,N.C.27150-7111, with a copy to me. _11s /Z_s 4'O1e w, il Ms. Beverly A. Blythe March 14, 1997 Page 2 If you have any questions regarding this matter or are unable to provide the necessary certification to Wachovia, please contact me at your earliest convenience. Thank you for your assistance with this matter. Yours truly, BROWN & BUNCH W,� *~ William H. Weatherspoon, Jr. Enclosures cc: Mr. Randolph D. Fox (via facsimile) whMeNythe.l