Loading...
HomeMy WebLinkAboutAgenda - 12-19-1995 - IX-A I ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 19, 1995 Action Agenda Item # SX_k SUBJECT: Piney Mountain waste treatment system construction project close-out DEPARTMENT: County Manager PUBLIC HEARING: Yes�_No ATTACHMENT(S): INFORMATION CONTACT: County Engineer Extension 2303 County Attorney 732-2196 OWASA letter TELEPHONE NUMBERS: Hillsborough - 732-8181 County Engineer's report Durham - 688-7331 Mebane - 227-2031 Draft Resolution Chapel Hill - 967-9251/968-4501 PURPOSE: To close out the County's role in the Piney Mountain subdivision waste treatment system project by: a) conveying system ownership to OWASA; b) closing out the County's Piney Mountain project account and returning all remaining funds to the Piney Mountain Homeowners Association; and c)joining in a declaration and release of restrictions on the Piney Mountain Homeowners Association-owned portion of the abandoned wastewater treatment system so that the Association can dedicate all acreage contained therein to Recreation/Open Space. BACKGROUND: In 1994, Orange County, OWASA and the Piney Mountain Homeowners Association determined that the existing on-site wastewater treatment system serving the Piney Mountain subdivision was providing inadequate wastewater treatment and was a risk to public health. It was also determined that the only practical solution to this problem was to abandon the on-site treatment portion of the existing system and the extension of sewer service between the subdivision and the City of Durham wastewater collection system. In accordance with these determinations and in response to the petition of the home owners within the subdivision, Orange County, OWASA and the Piney Mountain Homeowners Association entered into three contractual agreements related to extending 2 municipal sewer service to the Piney Mountain subdivision. These agreements specified the conditions, responsibilities, restrictions, etc., which would govern the participation of each of the three entities in terms of financing, constructing, repairing, administering, owning and operating a new pump station and force main and the existing community collection and individual STEP systems. The responsibilities were generally apportioned such that: 1) the Homeowners Association and individual home owners would provide for the bulk of the project funding and would also be responsible for the repair of the existing collection and STEP systems; 2) OWASA would supervise the engineering, construction, repair, and operation of the new and existing portions of the system; and 3) Orange County would own the new portion of the system, pursue grant funding of the system and disperse funds to pay for repairs, new construction and administrative and engineering expenses. Orange County's role as owner of the sewer system was required as a condition to qualify project construction expenses for state grant funding. The agreements were also structured such that, at a time interval not exceeding SL*X months after the completion of the sewer utility construction, the ownership of the system would pass from the County to OWASA, if OWASA was satisfied with the new construction and repairs to the existing system. All funds on account with the County that were obtained from the Homeowners Association and that were not expended for system construction and related costs would be returned to the Homeowners Association. In addition, one agreement contained a requirement that the Homeowners Association attempt to acquire title to the open space land on which the abandoned portion of the existing on-site wastewater treatment system was built or which was set aside for future expansion of the system. Upon acquisition of this land, the Homeowners Association was charged with: 1) decommissioning - in accordance with local and state environmental and health regulations -the monitoring wells, pump tanks, etc., that were the portion of the existing system being abandoned; and 2) dedicating the land as Recreation/Open Space for the use and enjoyment of the residents of the Piney Mountain subdivision. The construction of the pump station and force main and repair of the existing collection system as necessary to begin pumping the subdivision waste flow to Durham was substantially completed as of July 1995. The subsurface portion of the existing on-site wastewater treatment system was abandoned at that time and OWASA began operating the new pumping station to convey subdivision waste flow to Durham at that time. Since July, all remaining elements of the project - including the repairs to the existing collection and STEP systems, decommissioning of the abandoned portion of the existing on-site treatment system preparation of as- built plans, etc. - have been completed. All costs eligible for funding from the County's Piney Mountain project account have been paid, leaving a balance of approximately $85,900 (including accrued interest) in the account. The 3 Homeowners Association has taken title to the acreage on which the abandoned portion of the existing on-site wastewater treatment system was built or which was set aside for future system expansion. OWASA has formally indicated its willingness to accept the Piney Mountain collection system and the pump station and force main. All of the conditions related to the transfer of system ownership from Orange County to OWASA and to the return of the funds remaining in the County's project account to the Homeowners Association have been met. RECONJINIENDATION: The administration recommends that the BOCC review the attached information, adopt the draft resolution to convey system ownership to OWASA, return all funds remaining in the County's Piney Mountain project account to the Homeowners Association and, together with the Homeowners Association, declare the Homeowner Association-owned portions of the abandoned wastewater treatment system property restricted as Recreation/Open Space for the use and enjoyment of the residents of the Piney Mountain subdivision. Orange Water and Sewer Authority 4 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (9191968-4421 Mr. Paul Thames, P.E. November 2, 1995 County Engineer Orange County P.O. Box 8181 Hillsborough, N.C. 27278 Dear Paul: ct : Pin Collector Svstern J & .'Jub:cc -ev Mountain Pump Station, Force Nfain. and A review of our records for the above project indicate construction to be completed in accordance with the Contract Documents, The Certificate of Substantial Completion has been issued by Colonial Engineering setting this date on June 16, 1995. In accordance with Section 29.1 of the General Conditions of the Contract Documents, the Contractor shall warrant and guarantee the system for a period of one (1) year from the date of Substantial Completion. One month prior to the expiration of the Warranty period, an inspection of the system will be performed to ensure that the system is free from any deficiencies. Any problems encountered will have to be corrected within 3)0 days. In addition, the pumps installed at the pump station shall have a warranty period extended from one (1) year to (3) years and shall be inclusive of all of the standard terms and conditions of the original warranty. A review of close-out documents indicates that as-built drawings for the collectors system have been submitted by RUST Environmental for review and approval. These are generally acceptable. RUST Environmental will transfer as-built information to reproducible mylar sheets and resubmit to OWASA for permanent record. On October 24, 1995 as-built drawings for the pump station and force main were received from Colonial Engineers. These are generally acceptable. Final invoices are forthcoming from both RUST Environmental and Colonial Engineering for the prepara:tiuri and cufnpletion of these drawings. in order to expedite the close-out process I have asked both Colonial and RUST to submit their final invoices for this work as soon as possible in order that final payments can be made. They have indicated they will remit fina' l invoices promptly. These would be the only outstanding invoices remaining which are their final requests for payment for Engineering Services. As I have stated previously, payment of all outstanding bills related to this project must be made to all appropriate parties prior to project close-out and OWASA acceptance. In fact, it is to be understood that all outstanding invoices from parties responsible for performing work in accordance with the Legal/Engineering Services Agreements and those performing any additional construction work in connection with the project are to be paid prior to release of moneys back to the Homeowners Association. After the moneys are returned to the Homeowners Association, and the Authority has accepted the system, An Equal Opportunity Empioyer S invoices will no longer be accepted by OWASA or approved For payment from any of the parties associated with the project. It is; however, my understanding from discussions with John Marsh of the Homeowner's Association, that any additional expenses incurred by Brown Brothers for minor remaining construction items would be paid by the Homeowners Association. Further, it is our opinion that arrangements for payment for these services is to be worked out between Brown Brothers and the Homeowners Association and shall not involve OWASA nor the County. We have been assured by Colonial Engineers and RUST Environmental that they will complete and finalize as-built drawings in accordance with their respective Engineering Service Agreements'. In recognition of this commitment, the Orange Water and Sewer Authority hereby accepts the Piney Mountain Pump Station, Force Main, and Collector Lines as a part of its overall wastewater collection system and commits to the proper operation and maintainence of the system. This, of course, is with the understanding that final payments to both Colonial and RUST shall be made from the Piney Mountain Project Fund prior to releasing the moneys to the Homeowner's Association. As we bring this project to its conclusion, I would like to thank you for your efforts and assistance throughout. If you need any additional support or assistance from OWASA in closing out this project,just give me a call 968-4421 ext. 244. Thanks again. Sir�cer odd Sper e'r, P.E. Assistant Engineering Manager cc: Katie Kalb, P.E. Rick Meyer John Marsh Tom Konsler, R.S. Moms Stanford Vernon Harris/Rick Baker, P.E. Randall Foulke, P.E. File 6 MEMORANDUM TO: County Commissioners John Link, County Manager Ken Chavious, Finance Director Geoff Gledhill, County Attorney �Ry_ FROM: Paul Thames, County Engineer DATE: December 14, 1995 SUBJECT: Actual and estimated expenditures from County- administered funds for costs associated with Piney Mountain wastewater treatment system improvements In November 1994, Orange County created a Piney Mountain wastewater treatment project account with a total budget of$437,350. Funding of$88,500 was expected to be provided by a state high unit cost grant (grant funding was received in June 1995) and $348,850 was provided by means of a cash deposit from the Piney Mountain Homeowners Association. The sole purpose of the account and its funds was to pay the estimated costs of engineering, legal/administrative services, capital facility fees and construction costs for the improvements to the Piney Mountain wastewater treatment system. The breakdown of those estimated costs was as follows: $ 235,000 Construction of pump station and force main improvements 23,500 10 % construction contingency 75,000 Collection and STEP system improvements 38,000 Engineering/technical services 25,000 Capital facility fees (Durham tap-on fees) 15,000 OWASA administrative/legal costs 25.850 County administrative/legal costs $ 437,350 Total To date and to the nearest dollar, the costs (which are eligible for funding from the County- administered project fund) that have been documented and paid are as follows: $ 230,655 Pump station/force main construction 25,901 Capital Facilities Fees 23,443 Pump station/force main engineering and surveying 36,023 Collection/STEP system improvements engineer 22,312 OWASA administrative/legal expenses 24.600 County administrative/legal expenses $ 362,934 Total Approximately $74,416 remains of the original Piney Mountain account funds. Approximately $11,500 in interest has accrued over the period of the project. With the interest, a total of approximately $85,916 is available for immediate refund to the Piney Mountain Homeowners Association. Please note that the cost/expenditure figures shown above do not include any funds expended by the Homeowners Association for consulting fees to its own attorneys or for technical/engineering consultant fees incurred or expended by the Association prior to the creation of the County's project account. Funds expended by the Association to test,repair and construct portions of the subdivision collection system and the 7 individual STEP systems are also not shown within the project cost/expenditure figures. These expenses were not eligible for payment from the County project fund, even though these expenditures were included in the estimates which determined the total amount of the fund. This situation arose when the procedures by which those expenses were incurred failed to conform to statutory bidding requirements for publicly funded projects. The contracts governing the actions and responsibilities of OWASA, the Homeowners Association and the County relative to the wastewater treatment system improvements make provision for repairs to the STEP systems owned by the individual homeowners in the Piney Mountain subdivision. The agreements require that an engineer provide a certified evaluation of needed STEP system repairs with a cost estimate for accomplishing those repairs. The STEP system evaluations were provided as required and STEP system repairs have been completed to the satisfaction of OWASA and have been certified as complete and satisfactory by the STEP system engineer. If I may provide additional information or clarification, please advise. 8 RESOLUTION CONCLUDING ORANGE COUNTY'S ROLE AND INTEREST IN THE DEVELOPMENT, OWNERSHIP AND OPERATION OF THE PINEY MOUNTAIN SUBDIVISION WASTE TREATMENT SYSTEM WHEREAS, Orange County determined that the on-site wastewater treatment system serving the Piney Mountain subdivision had failed and that the sole practical remedy was: a)to repair the individual STEP systems and the collection system serving the subdivision; and b)to decommission the existing subsurface disposal system and replace it by constructing a sewerage pumping station and force main which would convey the subdivision's sewage to the sewage collection system owned and operated by the City of Durham; and WHEREAS,the Board of County Commissioners assented to the Piney Mountain Homeowner's Association petition that the County accept ownership and responsibility for the construction of the waste water treatment system as necessary to adhere to the conditions specified by the State of North Carolina for the award of High Unit Cost Grant funds for constructing portions of a new and modified waste treatment system for the Piney Mountain subdivision; and WHEREAS, Orange County, Orange Water and Sewer Authority and the Piney Mountain Homeowners Association entered into three contractual agreements specifying the conditions related to the initial and final ownership, financing, construction, operation and use of the collection system, pump station and force main; and WHEREAS, the Piney Mountain contractual agreements specified that the Piney Mountain Homeowners Association would: a) seek to obtain title to the land contained within the existing and future nitrification field portion of the subsurface wastewater treatment system which was to be decommissioned; b) upon successful acquisition of said title, abandon the tanks, pump wells, monitoring wells, etc., in accordance with local and state health and environmental regulations; and c) execute formal instruments, approved by the County, dedicating said acreage to Recreation/Open Space for the use and enjoyment of the residents of the Piney Mountain subdivision; and WHEREAS, Orange County did in fact submit an application for a High Unit Cost Grant from the State Clean Water Revolving Loan and Grant Program and was awarded grant funding in the amount of$88,500; and 9 WHEREAS, Orange County created a Piney Mountain wastewater treatment project account specifically for the purpose of paying all expenses associated with the construction of the wastewater treatment project and containing a total of$437,350 funded by the grant and an additional $348,850 provided by the Piney Mountain Homeowners Association; and WHEREAS, the Piney Mountain contractual agreements specify that Orange County will return to the Piney Mountain Homeowners Association all funds remaining in the project account after the payment of all costs associated with the Piney Mountain construction project have been paid; and WHEREAS, to date approximately$363,000 has been expended from the project account, leaving a remaining sum of approximately$74,400, plus accrued interest of approximately $11,500 for a total sum of approximately $85,900; and WHEREAS, in accordance with the Piney Mountain agreements, Orange County, Orange Water and Sewer Authority, and the Piney Mountain Homeowners association have worked together as necessary to accomplish all elements of the Piney Mountain project including the construction of wastewater pumping station and force main, the repair of the individual STEP and collection systems, and the proper decommissioning of all abandoned elements of the failed wastewater treatment system; and WHEREAS, the pumping station and force main have been operational since July 1995; and WHEREAS, Orange Water and Sewer Authority has certified that the construction and repairs to the new pump station, force main and the existing collection and STEP systems are complete and meet Orange Water and Sewer Authority standards and that Orange Water and Sewer is fizlly prepared to assume its responsibilities related to system ownership and operation as specified in the Piney Mountain agreements; and WHEREAS, the Piney Mountain Homeowners Association has obtained title to the acreage contained within the existing and future nitrification field portion of the subsurface wastewater treatment system which was decommissioned and has seen to the closure of all tanks, pump wells, monitoring wells, etc., in accordance with local and state health and environmental regulations. 10 NOW, THEREFORE, BE IT RESOLVED: 1. That the Board of County Commissioners of Orange County does hereby direct, in accordance with the Piney Mountain contractual agreements, that: a) all of the County's ownership, right, title and interest in the equipment, real property, easements, rights-of-way, etc., of the Piney Mountain wastewater treatment system be conveyed to Orange Water and Sewer Authority; b) the County Attorney prepare all legal instruments necessary to accomplish said conveyance of ownership, etc., and c) the Chair of the Board of County Commissioners execute said legal instruments on behalf of Orange County and the Clerk to the Board to attest these instruments as necessary; and 2. That Orange County does hereby join with the Piney Mountain Homeowners Association in the declaration and release of restrictions pertaining to the Piney Mountain Homeowners Association-owned land and does hereby authorize the Chair of the Board of County Commissioners to execute and the Clerk to the Board to attest the Declaration, a copy of which is attached as Exhibit"1" to this Resolution; and 3. The Board of County Commissions of Orange County does hereby accept the accounting of the costs and funds expended from and remaining in the Piney Mountain project account and directs staff to immediately close out the project account by returning all funds, plus accrued interest, remaining in the project account to the Piney Mountain Homeowners Association. Adopted this 19th day of December, 1995. Moses Carey, Chair ATTEST: Beverly Blythe, Clerk to the Board EXHIBIT I 11 NORTH CAROLINA ORANGE COUNTY DECLARATION AND RELEASE THIS DECLARATION AND RELEASE, made as of the day of , 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. 12 3 . To the extent not inconsistent with the restriction stated in paragraph 2 above, the Property is hereby dedicated as "community use areas" pursuant to the provisions of the Declaration and is subjected to all provisions of the Declaration applicable to community use areas. PINEY MOUNTAIN HOMEOWNERS ASSOCIATION, INC. By: President ATTEST: Secretary [corporate seal] ORANGE COUNTY By: Chairman, Board of Commissioners ATTEST: County Clerk STATE OF NORTH CAROLINA COUNTY OF THIS day of 1995, personally came before me, a Notary Public in and for the said County and State, , who, being by me duly sworn, says that he 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 him in 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 . Notary Public My Commission Expires: [notary seal] Rall\011317-002\119453111-01-95 13 NORTH CAROLINA ORANGE COUNTY This is to certify that on the day of , 1995, personally came before with whom I am personally acquainted, who, being by me duly sworn says that is the Chairman of the Board of County Commissioners of Orange County, North Carolina and is the Clerk of the Board of Commissioners of Orange County, North Carolina, the County described herein and which executed the foregoing instrument; that he knows the seal of said County; that the seal affixed to the foregoing instrument is the seal of said County; that the seal affixed to the foregoing instrument is said seal, and the name of the County was subscribed thereto by the said , Chairman and the said Clerk subscribed their names thereto, and said seal was affixed, all by order of the Board of County Commissioners of Orange County; and that the said instrument is the act and deed of Orange County. WITNESS my hand and notarial seal this day of 1995 . Notary Public My commission expires: [notary seal] R211\011317-002\119453\11-01-95 h EXHIBIT A 14 TRACT #1: Lying and being in Chapel Hill Township, Orange County, North Carolina and beginning at an iron set in the northwest right of way of Taproot Lane, thence with the eastern property line of Lot 2 N- 18-48-43 W 316 . 35 feet to an iron set at the rear corner of Lot 2 ; thence with the line of land to be dedicated to the Piney Mountain Homeowners Association (henceforth in this instrument PMHA) N-18- 48-43-W 68 . 49 feet to an iron set; thence with PMHA line N-01-26- 07-E 91. 04 feet to an iron set; thence with PMHA line N-64-45-26-E 280. 87 feet to an iron set; thence with PMHA line S-61-36-51-E 135 . 37 feet to an iron set; thence with PMHA line S-05-52-30-E 263 . 73 feet to an iron set; thence with PMHA line S-31-44-09-E 51. 98 feet to an iron set in the northwest right of way of Taproot Lane; thence with the right of way of Taproot Lane 375. 63 feet along a curve of radius 515 . 00 feet and having a central angle of 4-47-25 to the point and place of Beginning and containing 167, 369 square feet (3 . 84 acres) and being designated as Tract "A" on plat Of survey entitled "Piney Mountain, Phase I - Sheet 1 of 2" by Ernest B. Wood, Jr. , dated December 1987 and recorded in Plat Book 49 , Page 85, Orange County Registry to which reference is hereby made for a more particular description of same and being the same property conveyed to Grantor by deed recorded in Book 707, Page 265, Orange County Registry. TRACT #2 : Being all of Lots H, I and J as per plat and survey entitled 'PINEY MOUNTAIN PHASE II" thereof now on file in the Office of the Register of Deeds of Orange County recorded in Plat Book 52 at Page 183 to which plat reference is hereby made for' a more particular description of same and being the same property conveyed to Grantor by deed recorded in Book 792 , Page 155, Orange County Registry. TRACT #3 : Being all of that 0. 94 acre tract of land designated as the property of North State Utilities, as per plat and survey entitled "Red Wolf at Piney Mountain" thereof now on file in the Office of the Register of Deeds of Orange County recorded in Plat Book 59 , at Page 118, to which plat reference is hereby made for a more particular description of same and being the same property conveyed to Grantor by deed recorded in Book 1014 , Page 187 , Orange County Registry. TRACT #4 : Lying and being in Chapel Hill Township, Orange County, North Carolina, and BEGINNING at a stake in the northwestern right of way of Taproot Lane and Twin Pines Lane; thence along the northern Ra(2\011317-002\0120771\08-21-95 15 right of way of Twin Pines Lane the following courses and distances: South 61 deg. 45' 44" West 100 .78 feet to a stake, thence 64 . 71 feet along a curve having a radius of 575 . 00 feet and having a central angle of 06-26-52 to a stake; thence South 68 deg. 12 ' 36" West 35. 24 feet to a stake; thence 24 .38 feet along a curve having a radius of 30 . 00 feet and having a central angle of 46-33- 50 feet to a stake; thence 84 . 22 feet along a curve having a radius of 50 . 00 feet and having a central angle of 96-30-27 feet to a stake, thence 112 . 24 feet along a curve having a radius of 650.00 feet and having a central angle of 09-53-39 to a stake, thence 87 . 75 feet along a curving having a radius of 650. 00 feet and a central angle of 07-44-06 to a stake; thence North 85 deg. 38 ' 08 West 62 . 39 feet to a stake in the northwestern corner of Lot 45 of PINEY MOUNTAIN PHASE II as shown on the plat referenced to hereinbelow; thence leaving the northern right of way of Twin Pines Lane North 04 deg. 21' 53" East 288 .23 feet to a stake; thence North 23 deg. 56' 28" West 104 .49 feet to a stake; thence North 30 deg. 46' 23" West 194 . 15 feet to a stake; thence south 81 deg. 22' 04" West 525. 82 feet to a stake; thence North 00 deg. 34' 59" West 347. 56 feet to a stake; thence North 87 deg. 37' 04" East 827. 22 feet to a stake; thence South 86 deg. 34 ' 26" East 20. 00 feet to a stake; .thence South 03 deg. 22 ' 45" West 110. 00 feet to a stake in the northwestern corner of Lot 44 of PINEY MOUNTAIN PHASE II as shown on the plat referred to hereinbelow; thence with the western property line of Lot 44 South 03 deg. 22 45" West 149 . 74 feet to a stake; thence South 03 deg. 18 ' 17" West 55. 00 feet to a stake in the southwestern corner of Lot 44 ; thence South 74 deg. 48 ' 13" East 243 . 12 feet to a stake in the western right of way of Taproot Lane; thence along said western right of way South 00 deg. 11' 25" East 49 . 16 feet to a stake in said right of way; thence along said right of way 321. 97 feet along a curving having a radius of 535. 00 feet and having a central angle of 34-28-51 . to a stake, the point and place of BEGINNING; and being all of Lot Q, containing 501, 030 square feet, more or less, of PINEY MOUNTAIN PHASE II as per plat and survey thereof now on f ile in the Of f ice of the Register of Deeds of Orange County in Plat Book 58 at Page 129, to which plat reference is hereby made for a more particular description of same, and being the same property conveyed to Grantor by deed recorded in Book 967, Page 509, orange County Registry. There is excepted, reserved and excluded from the above property that portion thereof conveyed by the Association to Orange County by deed dated June 28, 1995, andorecorded in Book 1363, Page 92, Orange County Registry. 16 EXHIBIT B Declarations relating to property owned by Piney Mountain Homeowners Association: 1. Notice recorded at Book 707 , Page 266, Orange County Registry. 2 . Notice recorded at Book 753 , Page 543 , Orange County Registry. 3 . Notice recorded at Book 792 , Page 156, Orange County Registry. 4. Notice recorded at Book 967, Page 527, Orange County Registry.