HomeMy WebLinkAboutS Declaration and Release between Piney Mountain Homeowners Association and Orange County - Agenda 12-19-1995 - IX-A TC A
NORTH CAROLINA
ORANGE COUNTY DECLARATION AND RELEASE
THIS DECLARATION AND RELEASE, made as of the `7 day of
Ae cz-I'm Leel , 1995, by and between Piney Mountain Homeowners
Association, Inc. , a North Carolina non-profit corporation (the
"Association" ) and Orange County, a body politic and corporate
and a political subdivision of the State of North Carolina
( "County" ) .
W I T N E S S S E T H:
WHEREAS the Association is the owner of the property
identified in Exhibit A hereto (the "Property" ) ; and
WHEREAS the Property, or some of it (the "Restricted
Portion" ) , is subject to certain Declarations, listed in Exhibit
B hereto, which restrict the use of the Restricted Portion to use
as nitrification fields for a community sewage system but the
community sewage system has now been abandoned and the Piney
Mountain Subdivision has been connected to the waste disposal
system of the City of Durham; and
WHEREAS the Association and the County have agreed that the
Restricted Portion no longer needs to be restricted for use as
nitrification fields but should continue to be restricted as
Recreation/Open Space for the use and enjoyment of the residents
of Piney Mountain Subdivision pursuant to Section IV-B-10 of the
Orange County Subdivision Regulations; and
WHEREAS, to the extent not inconsistent with the restriction
as Recreation/Open Space under the Orange County Subdivision
Regulations, the Association also desires to dedicate such land
as "community use areas" pursuant to the provisions of the
Declaration of Restrictions and Covenants recorded in Book 707,
Page 242, as amended in Book 792, Pages 149 and 166, Orange
County Registry (the "Declaration" ) .
Now, therefore, in consideration of the above recitations
and the mutual covenants contained herein, the parties agree as
follows:
1. All restrictions limiting the use of the Restricted
Portion to use as nitrification fields for a community sewage
system are hereby removed and the Restricted Portion is hereby
released therefrom.
2. The Property is hereby restricted as Recreation/Open
Space for the use and enjoyment of the residents of Piney
Mountain Subdivision pursuant to Section IV-B-10 of the Orange
County Subdivision Regulations until this restriction is removed
by agreement of the Association and the County.
3. To the extent not inconsistent with the restriction stated
in paragraph 2 above, the Property is hereby dedicated as
"community use area" pursuant to the provisions of the Declaration
and is subjected to all provisions of the Declaration applicable to
community use areas.
PINEY MOUNTAIN HOME�O`WNE�R�S�ASSOCIATION, INC.
1-'t r "
By:
Press nt
ATTEST:
a
porate ]
a ORANGE COUNTY
rt' By:
Chaff n, Board of Commissi.o
1\ koQSS�
A
oun y qlbrk
STATE OF N RTH CAROLINA
COUNTY OF,)!:l(Z f d p-n-N
THIS day of 1995, personally came
before me, a Notary Public in and for the said County and State,
Elizabeth G. Heilman, who, being by me duly sworn, says that she is
the President of PINEY MOUNTAIN HOMEOWNERS ASSOCIATION, INC. , a
North Carolina corporation and that the seal affixed to the
foregoing instrument in writing is the official corporate seal of
said corporation, and that the said writing was signed and sealed
by her on behalf of said corporation by its authority duly given,
and the said President acknowledged the said writing to be the act
and deed of said corporation.
WITNESS my hand and notarial seal, this day of
1995.
N tary Public
My Commission Expires:
[notary seal]
8641\011317-002\119453\11-29-95
NORTH CAROLINA
ORANGE COUNTY
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 and that by authority duly given and as the act
of said County, the foregoing instrument was signed in its name
by the Chairman of said Board of Commissioners and attested by
her as Clerk to said Board of Commissioners .
Witness my hand and official stamp or seal, this the
day of k),2fg'g1z& , 19 95 .
Notary Public
My commission expires :
/o J `3 - V F
[notary seal]
OFFICIAL SEAL 1
NOW PuNa-N*M Camins
ORANGE COUNTY
EVELYN M.CECIL
My Commission Expires 4