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HomeMy WebLinkAboutS Declaration of Covenants, Conditions, and Restrictions Orange Co. Campus, Durham Technical Community College Property Ill 20060III41II(I)Ill60 0i131114 II�II1r�I�IIIIIIIIWI�N��I Bk:RB3721 Pg:515 0411612006 12:39:64PM 1/23 FILED Joyce H. Pearson Register of Deeds Orange COUNTY,NC ! Deputy�����"" ! Prepared by and Return to: Kennedy Covington Lohdell&Hickman,L.L.P., (CDM) 214 N. Tryon St., Charlotte,NC 28202 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ORANGE COUNTY CAMPUS,DURHAM TECHNICAL COMMUNITY COLLEGE PROPERTY, WATERSTONE PROJECT, TOWN OF HILLSBOROUGH, ORANGE COUNTY,NORTH CAROLINA THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ORANGE COUNTY CAMPUS, DURHAM TECHNICAL COMMUNITY COLLEGE PROPERTY, WATERSTONE PROJECT, TOWN OF HILLSBOROUGH, ORANGE COUNTY, NORTH CAROLINA (the "Declaration'), made this .day of April, 2005, by NORCA HOLDINGS, LLC, a Delaware limited liability company, hereinafter called "Declarant"with reference to the following facts: RECITALS: A. Declarant is the owner of certain real property in the Town of Hillsborough, Orange County, North Carolina, as more fully described in Article 1 hereof and as described on Exhibit A attached hereto and incorporated herein by this reference (the "Orange County Campus,DTCC Property"). B. It is anticipated that, contemporaneously with the execution of this Declaration, Declarant will sell and convey the Orange County Campus, DTCC Property to Orange County, North Carolina (the "County") for development by the County, in accordance with the terms hereof, as a community college campus. C. In addition to the Orange County Campus, DTCC Property, Declarant owns or may acquire certain adjacent property also located in the Town of Hillsborough, Orange County, North Carolina, which adjacent property, to the extent it is currently owned by Declarant, is described more particularly on Exhibit B attached hereto and incorporated herein by this reference (the "Additional Property"). Declarant intends that the Orange County Campus, gS'73•a(n- 3$q3 qg'73- 33. 0151 8873-a5-go59 q6-73 -35-,5--L-10 q S?3- 35- gays 4V73, 5a• 4y7,J cl 8�3•D3•�TBb� gB73- 63- 9577 qS7 3 • 03 . 8a'5 9873 'q--" e4S73 � 43• a4$3 Qg'73• r3-�81 � , gg't3 •33- bg77 20060416000131490 R/C Bk:RB3721 P 516 04/16/2006 12:39�4PM 2/23 DTCC Property be developed, together with the Additional Property as part of a common scheme, mixed-use development to be known as Waterstone (the "Waterstone Project'). It is intended that the Orange County Campus, DTCC Property shall be Parcel 16 within that Waterstone Project. To those ends, and because it is anticipated that the development of the Orange County Campus, DTCC Property will take place prior to the development of the remainder of the Waterstone Project, Declarant in its sole discretion, reserves the right as described herein to later subject the Orange County Campus, DTCC Property to the coverage of a master declaration for the Waterstone Project, and Declarant further reserves such additional rights as are described herein, in order to ensure that the development of the Orange County Campus, DTCC Property is consistent, in concept and in design, with the later developed remainder of the Waterstone Project, and to preserve the value of that Project,provided however, that going forward, Declarant shall not prohibit uses of the Orange County Campus, DTCC Property that are allowable under this Declaration, and Declarant shall not prohibit project design on that Property which would comply with the Orange County Campus, DTCC Property Design Guidelines, as described herein. NOW, THEREFORE, Declarant hereby declares that the Orange County Campus,DTCC Property,being the real property described in Article 1 hereof, and further described in Exhibit A attached hereto and incorporated herein by this reference, is and shall be held, transferred, sold, conveyed, given, donated, leased, occupied and used subject to the covenants, restrictions, easements, liens, charges, and equitable servitudes (all hereinafter sometimes referred to as the "Covenants")hereinafter set forth. ARTICLE 1 PROPERTY 1.01. Propert y. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, and which is solely owned by Declarant, is located in the Town of Hillsborough, Orange County, North Carolina, and is the Orange County Campus, DTCC Property as defined above and as more particularly described on Exhibit A, attached hereto and incorporated herein by this reference. ARTICLE 2 DEVELOPMENT RESTRICTIONS 2.01. Use Restriction. The Orange County Campus, DTCC Property shall be used only for (1) for a community college campus, which campus use shall include typical campus buildings containing classrooms, related offices, libraries, and any necessary support or accessory uses, not including dormitories or residential units, but including and not limited to snack bars or cafeterias, all to be located on the interior of campus buildings; and(2) for a public I 20060415000131490 R1C Bk:RB3721 P 517 04/1612005 12:39: 0M 3123 library (as that use is generally understood). Parking lots and access drives as necessary are allowed as accessory to the campus or library uses, provided that parking shall be located on the interior of the Orange County Campus,DTCC Property so as not to be substantially visible from Waterstone Drive and College Park Road. ARTICLE 3 DEVELOPMENT REVIEW i 3.01. Development Approval. In conjunction with its development of the Waterstone Project, Declarant may in its sole discretion appoint an Architectural Control Committee (the "ACC"). No building, structure, or other improvement (including but not limited to drives, parking areas, utilities, landscaping, hardscaping, recreational facilities and the like) shall be erected, constructed,placed, altered (by addition or deletion) or maintained on any portion of the Orange County Campus, DTCC Property unless and until design and location documents are submitted to and approved in writing by Declarant or the ACC, pursuant to policies and procedures which may from time to time be adopted, promulgated or amended by the same. Notwithstanding that Declarant or the ACC might typically charge a reasonable development design review fee, no such fee shall be charged to any owner of the Orange County Campus, DTCC Property in conjunction with an application for design review on that Property. Approval by Declarant or the ACC under this Section 3.01 shall not be unreasonably withheld, and failure by Declarant or ACC(as applicable)to take action to either approve, deny or reject as inadequate any submittal of design and location documents as described herein, within thirty(30) days after submittal thereof, shall be deemed an approval of the same. Declarant or the ACC, by any failure to act, shall not be deemed to have waived, or granted any variances from, any Covenant contained in this Declaration. I 3.02 Interior Alterations. Notwithstanding any contrary provisions in this Article 3, interior improvements and alterations may be made within any building or other structure located on the Orange County Campus,DTCC Property,without first obtaining approval of Declarant or the ACC, except that approval of interior improvements or alterations shall still be required as otherwise required herein, where the improvements or alterations (i) would change the exterior appearance of a building or structure, (ii) would impair any easements, or (iii) would or might jeopardize or impair the safety, soundness, or structural integrity of a building or structure or of any other improvements located on the Orange County Campus,DTCC Property. 3.03 Purpose: Basis of Approval. The primary purpose of these Covenants and the foremost consideration in the origin of these Covenants has been the creation of a Waterstone Project which is aesthetically pleasing and functionally convenient. The establishment of strict objective standards relating to design, appearance, size and location of improvements would make it impossible to take full advantage of the individual characteristics of each parcel within the Waterstone Project and of technological advances and environmental values. Accordingly, approval of design and location documents shall be based upon Declarant's or the ACC's (as the case may be) subjective determination of what, in its discretion, is aesthetically pleasing and 2Bk 03721 P9 Rs18 04115/2006 12:39:64P" 4123 acceptable for an improvement located on the Orange County Campus, DTCC Property, as that interpretation shall be guided by certain Orange County Campus, DTCC Property Design Guidelines, which Guidelines are attached hereto as Exhibit C, and incorporated herein by reference, and which Guidelines are amended herein as follows: 1. The Brick and Cast Stone detail values are: Brick Details(as they relate to total face veneer of the building) A. Brick cornice...5.2%-9.2% B. Brick quoins(corner detail)...14.8-18.8% C. Brick banding...2.7%-4.7% D. Brick window surrounds...1.8%-3.8% Cast Stone Details(as they relate to total face veneer of the building) A. All cast stone in general veneer...3.6%-7.6% B. Cast stone at entries(estimated)...12%-16%; 2. The general site plan drawings that are included as part of the Guidelines and part of Exhibit C are intended solely to generally guide the location of roads, internal and external to the Orange County Campus, DTCC Property, and the relationship between the community college campus and other sites that are part of the Waterstone Project Masterplan. 3.04. Limitation of Liability. No approval of design and location documents and no publication of policies, procedures or design guidelines by Declarant or by the ACC (if such has been established) shall be construed as representing or implying that improvements built in accordance therewith shall be free of defects. Any approvals of and observations regarding design and location documents incident to the provisions of this Article 3 shall be concerned solely with matters of an aesthetic nature and the satisfaction of the specific requirements set forth in this Declaration. Such approvals and guidelines shall in no event be construed as representing or guaranteeing that any improvements built in accordance therewith will be i designed or built in a good and workmanlike manner. Neither Declarant, its partners, members, directors, officers, employees or agents, the ACC(if such is established),nor any of the members of the ACC shall be responsible or liable in damages or otherwise to anyone submitting design and location documents for approval or to any owner or user of the Orange County Campus, DTCC Property for any defects in any design documents submitted,revised, or approved, for any loss or damages to any person arising out of approval or disapproval or failure to approve or disapprove any such design documents, any loss or damage arising from the noncompliance of such design documents with any governmental ordinance or regulation, nor any defects in construction undertaken pursuant to such design and location documents. Approval of design and location documents by Declarant or by the ACC shall not be construed as approval by the Town of Hillsborough, or Orange County,North Carolina. I 3.05 Content of DesigLi Documents. Subject to the applicable requirements of the then current policies and procedures adopted and promulgated by Declarant or the ACC (if such has been established), the design and location documents to be submitted for approval under this i 20050415000131490 RIC 04BI'j.RB3 212:399.5 519 5123 Article shall include at minimum the following (to the extent each is applicable to the improvement or improvements which are the subject of such submittal): (a) A site plan showing the location of all proposed improvements, all applicable set back and/or buffer requirements and the footprint of all buildings or other structures to be constructed, together with the finished floor elevation thereof. (b) Exterior elevations of all sides of the proposed improvements. I (c) A grading plan, a storm water discharge plan, erosion control plan, and clearing limits. (d) Exterior materials, colors, textures, shapes and specifications, including samples, if requested. (e) Landscaping and irrigation plan, including walkways, fences and walls, watering systems,vegetation and ground cover. i (0 Parking areas and access drive plans. i I (g) Utility plans,including points of connections for all utilities. ARTICLE 4 �I WATERSTONE MASTER DECLARATION AND OWNERS' ASSOCIATION 4.01. Subsequent Waterstone Master Declaration. It is anticipated that Declarant or its successors or assigns, will create and record a master declaration for the Waterstone Project at some time after this Declaration has been recorded. Declarant reserves the right for itself and for its successors and assigns, and without need for approval from any owner of the Orange County Campus, DTCC Property, to later subject the Orange County Campus, DTCC Property to the encumbrance of such master declaration, for the limited purposes of describing allowable uses and controlling development location and design in accordance with the common scheme of development within the Waterstone Project, in order to ensure that the development of the Orange County Campus, DTCC Property is consistent, in concept and in design, with the later developed remainder of the Waterstone Project, and to preserve the value of that Project. To the ! extent necessary, any owner of the Orange County Campus, DTCC Property shall cooperate and take such actions as are necessary and proper to subordinate its interest in the Orange County Campus, DTCC Property to the encumbrance of any later recorded master declaration for the Waterston Project, for the limited purposes described herein, provided however, that no such master declaration shall prohibit use of the Orange County Campus, DTCC Property as provided for herein, and no such master declaration shall prohibit project design on the Orange County 20050415000131490 RIC Bk:RB3721 P9:520 04115!2005 12:39:54PM 8123 Campus, DTCC Property that would be acceptable under the Orange County Campus, DTCC Property Design Guidelines as amended herein. 4.02. Waterstone Owners' Association. It is anticipated that there shall be established under a master declaration for the Waterstone Project, a Waterstone Owners' Association (the "Owners' Association'), which may be established as a North Carolina non-profit membership corporation, and which Owners' Association may be comprised of member owners having voting rights in said Owners' Association. Nothing in this Declaration shall be construed as requiring that any owner of the Orange County Campus, DTCC Property shall be a member of such Owners' Association or that any such owner be required to pay and fees,dues, as or special assessments established or imposed by the Owners' Association. That said, to the extent a master declaration is recorded so as to encumber the Orange County Campus, DTCC Property, and to the extent that an Owners' Association is created for properties covered by that master declaration, the owner of the Orange County Campus, DTCC Property shall, in such owner's sole discretion, have the right to become a voting and dues-paying member of that Owners' Association, subject to all applicable rules and regulations governing such members. ARTICLE 5 MISCELLANEOUS 5.01. Independence of Provisions. The provisions and Covenants contained in this Declaration shall be deemed independent and severable. Invalidation or partial invalidation of any provision or Covenant in this Declaration by judgment or court order shall not affect any other contained in this Declaration, and the remaining provisions and Covenants shall remain in full force and effect. 5.02. Amendment. The provisions and Covenants in this Declaration may be amended or terminated at any time in the sole discretion of Declarant, its successors or assigns,including but not limited to any subsequent Owners' Association as may be established for the Waterstone Project. Provided, however, no such amendment shall prohibit use of the Orange County Campus, DTCC Property as provided for herein, and no such amendment shall prohibit project design on the Orange County Campus, DTCC Property that would be acceptable under the Orange County Campus, DTCC Property Design Guidelines as amended herein. No such amendment(s) shall become effective until the instrument evidencing such change has been filed of record. To the extent necessary, any owner of the Orange County Campus, DTCC Property shall cooperate by joinder to take such actions as are necessary and proper to amend or terminate this Declaration, provided however, that in no event shall any such owner be required to join in or approve an amendment which would prohibit the use of the Orange County Campus, DTCC Property, or the design of a project located thereon, as allowed for hereunder. 5.03 Enforcement/Violations. The Covenants contained herein are enforceable only by Declarant, its successors or assigns, including but not limited to any subsequent Owner's I 20060416000131490 R/C Bk:RB3721 P9:321 04/15/2006 12:39:64PM 7/23 Association as may be established for the Waterstone Project. Any such party that may enforce the Covenants contained herein, shall have the right, but not the obligation, to enforce the same, by proceeding at law or in equity against any person or persons violating or attempting to violate any such Covenants, either to restrain violation thereof or to recover damages therefore, excgp t that in no event shall any remedy at law or in equity be available until such person or persons violating a covenant or restriction has received written notice of the violation, and been given a reasonable time in which to cure the same, which reasonable time shall not exceed ninety (90) days from the date on which such person or persons receives written notice of violation. 5.04 Burdens and Benefits to Run with Land. The Orange County Campus, DTCC Property shall be held, conveyed, hypothecated, encumbered, sold, leased,rented, used, occupied and improved subject to each and all of Covenants set forth herein, all of which are declared to be (i) in furtherance of a common scheme and general plan for the development, improvement and maintenance of the Waterstone Project, including the Orange County Campus, DTCC Property, and (ii) for the purpose of enhancing, maintaining and protecting the value, desirability and attractiveness of the Waterstone Project, including the Orange County Campus, DTCC Property. The Covenants set forth herein shall run with,be binding upon and inure to the benefit of the Waterstone Project and the property comprising the same, including the Orange County Campus, DTCC Property, and, to the limited extent provided for herein, shall be binding on and inure to the benefit of each and every person having or acquiring any right,title or interest in the Waterstone Project and the property comprising the same, including the Orange County Campus, DTCC Property, and shall be binding upon and inure to the benefit of the successors in interest of such persons, including but not limited to successors in interest to Declarant by sale and conveyance or otherwise. 5.05. Assignment. Declarant shall have the express right to freely assign any and all rights and benefits accruing in favor of Declarant under this Declaration to any third party assignee in conjunction with the sale of any or all of the Additional Property as defined herein. 5.05 Term. The Covenants contained in this Declaration are to run with the land (unless otherwise specified herein) and shall be binding upon all parties and all persons claiming under them for a period of twenty-five(25) years from the date the Declaration is recorded; after which time said covenants and restrictions shall be automatically extended for successive periods of ten(10)years unless amended or terminated as provided for herein. 5.06 Headings. The headings used in this Declaration are for convenience and reference only and the words contained therein shall not be held to expand, modify, or aid in the interpretation,construction,or meaning of this Declaration. I I 20050416000131490 R/C Bk:RB3721 Pg:522 04/15/2005 12:39:54PM 8/23 IN WITNESS WHE OF, Declarant has executed and sealed this Declaration as its act and deed this day of A� ,2005. DECLARANT: NORCA HOLDINGS, LLC, a Delaware limited liability company By: p _ I tl — Name: Peter J. Henn Its: Senior Vice President Date: STATE OF NORTH CAROLINA COUNTY, -?e 4e*-T I certify that before me appeared this day h'person known to me, whom after being sworn, stated he is the Senior Vice President of Norca Holdings, LLC, a Delaware Limited Liability Company is duly authorized to act on behalf of said Company, and being informed of the contents thereof, acknowledged execution of the foregoing instrument on behalf of said Company. Witness my hand and official stamp or seal, this 1�!� day of 2005. Notary Pu lic My commission expires: t1' I y U s� '�y�E CqA v M CO,����� i i �/ountp at ®1' 20060416000131490 010 04811152006212:39,620M39f23 +� to 17 � fi ott Joyce H. Pearson Register of Deeds Orange County North Carolina State of North Carolina, County of Orange The foregoing certificate(s) of MICHELLE CAMPBELL,NOTARY PUBLIC for the Designated Governmental units is/are certified to be correct. See filing certificate herein. This day April 15,2005. Joyce H.Pearson, Register of Deeds BY: Deputy/ egister of eeds Yellow probate sheet is a vital part of your recorded document.Please retain with original document and submit for recording. i 20050415000131490 R/C Bk:RB3721 P9:524 04/15/2005 12:39:54PM 10/23 I EXHIBIT A THE ORANGE COUNTY CAMPUS,DTCC PROPERTY Consisting of 20.00 acres, more or less, designated as Tract A on the plat of the survey by The John R. McAdams Company, Inc. (Robert C. Baumgartner P.L.S. L-4531) dated 07/12/04, entitled DTCC TRACT & WATERSTONE DRIVE DEDICATION and recorded in Plat Book at Page _of the Orange County Registry. i I I I I 20050415000131490 R/C Bk:RB3721 P9:525 EXHIBIT B 04/15/2006 12:39:54PM 11/23 THE ADDITIONAL PROPERTY TRACT 1: BEGINNING at an existing iron pipe, said pipe being distant South 490 27' 25" West 3,075.00 feet from NCGS Monument "NEAL", said monument having NCGS grid coordinates N=840,518.3760 and E=1,975,514.8760 (NAD 83), said pipe also being the northwest corner of Lot 69, Beckett's Ridge Subdivision, Phase 1, Section 2, as shown on Plat Book 86, page 102, Orange County Registry; runs thence from said point of beginning along and with the western property line of Beckett's Ridge Subdivision as shown on Plat Book 86, pages 102 and 101, Orange County Registry the following three courses and distances: (1) South 24° 31' 17" East 1,559.69 feet to an existing concrete monument; (2) South 35° 40' 47" East 522.88 feet to an existing iron pipe; and (3) South 02° 33' 48" West 507.97 feet to an existing iron pipe, said iron pipe being the northeast corner of Lot 2, Block B, Stagecoach Run Subdivision, Section 3; runs thence along and with the northern property line of said Lot 2 and traversing the right of way of Fargo Road, a sixty foot (60') private right of way, North 86° 23' 19" West 372.40 feet to an existing nail located in the western right of way line of said Fargo Road; runs thence along and' with said western right of way line of Fargo Road South 01° 43' 50" West 69.01 feet to an existing iron pipe, said iron pipe being the northeast corner of Lot 6, Block A, Stagecoach Run Subdivision, Section 3; runs thence along and with the northern property line of said Lot 6 North 880 27' 49" West 305.30 feet to an existing iron pipe; runs thence along and with the western property lines of Lots 6, 7, 8, and 9, Block A, Stagecoach Run Subdivision, Section 3, the following two courses and distances: (1) South 01° 41' 45" West 278.55 feet to an existing iron pipe; and(2) South 01° 36' 50" West 481.09 feet to an existing iron pipe located in the northern right of way line of Fletcher Road, a sixty foot (60') private right of way; runs thence traversing said Fletcher Road South 001 06' 01" West 71.17 feet to an existing iron pipe located in the northern property line of Lot 1, Block A, Stagecoach Run Subdivision, Section 2, runs thence along and with the northern property lines of Lots 1 and 2, Block A, Stagecoach Run Subdivision, Section 2, the following two courses and distances: (1) North 57° 00' 29" West 27.56 feet to an existing iron pipe; and (2) along and with a curve to the left having a radius of 533.10 feet, an arc length of 355.26 feet, and an exterior chord bearing and distance of North 76° 05' 58" West 348.73 feet to an existing iron pipe, said pipe being the northeast corner of Lot 2 Addition, Plat Book 33, page 123, Orange County Registry; runs thence along and with the northern line of said Lot 2 Addition South 84°48' 34" West 104.54 feet to an existing iron pipe; runs thence along and with the western property lines of Lot 2 Addition and Lot 3 Addition, Plat Book 33, page 123, Orange County Registry, South 040 01' 56" East 407.61 feet to a point, said point being in the northern line of the property owned now or formerly by Gary Wayne Pollard and Deborah H. Pollard and being Tract 1 as shown on Plat Book 26, page 193, Orange County Registry; runs thence along and with said northern line of Pollard, South 86° 26' 31" West 476.35 feet to a point; runs thence along and with the western line of said Pollard property South j 29° 54' 20" East 717.83 feet to a point, said point being marked by found hub and tack in rock pile; runs thence along and with the southern line of said Pollard property, the following two i 20050415000131490 R/C Bk:RB3721 P9:526 04/15/2005 12:39:54PM 12/23 courses and distances: (1) South 88° 11' 19" East 151.56 feet to an existing iron pipe; and (2) South 880 10' 00"East 228.77 feet to an existing iron pipe, said pipe being the southwest corner of Lot 4, Block B, Stagecoach Run Subdivision, Section 2; runs thence along and with the southern property lines of Lots 4 and 3, Block B, Stagecoach Run Subdivision, Section 2 South 890 42' 20" East 830.51 feet to an existing iron pipe; runs thence along and with the eastern property line of Lot 2 Block B Stagecoach Run Subdivision, Section 2 North 01' 53' 13" East 338.67 feet to an existing iron pipe, said pipe being the southwestern corner of Lot 1, Stagecoach Run Subdivision, Section 1 as shown on Plat Book 26, page 188, Orange County Registry; runs thence along and with the southern property lines of Lots 1, 2, 3, and a portion of Lot 4, said Stagecoach Run Subdivision, Section 1 the following three courses and distances: (1) South 88° 27' 42" East 184.60 feet to an existing iron pipe; (2) South 88° 24' 31" East 389.69 feet to an existing iron pipe; and (3) South 88° 38' 43" East 44.67 feet to an existing iron pipe, said pipe being the northwest corner of property owned now or formerly by James & Mary Terry as described in deed recorded in Book 161, page 40, Orange County Registry; runs thence along and with the western line of said Terry property the following two courses and distances: (1) South 01° 33' 13" West 715. 18 feet to an existing iron pipe; and (2) South 01° 36' 11" West 711.59 feet to an existing iron pipe; runs thence North 88° 07' 21" West 618.35 feet to an existing iron pipe; runs thence South 01° 32' 01" West 403.54 feet to an existing iron pipe; runs thence North 88° 43' 31" East 1,241.35 feet to an existing iron pipe; runs thence South 01° 57' 06" West 38.30 feet to an existing iron pipe; runs thence South 010 53' 37" West 148.05 feet to an existing iron pipe; runs thence South 01° 56' 00" West 277.71 feet to an existing iron pipe; runs thence South 85° 21' 57" West 1,281.70 feet to a rock pile; runs thence South 07° 36' 04" East 410.38 feet to an existing iron pipe, said pipe being the northwest corner of the property owned now or formerly by Deanna & Worth Overman as shown on Plat Book 36, page 143, Orange County Registry; runs thence along and with the western line of said Overman property South 070 36' 04"East 262.41 feet to an existing iron pipe, said iron pipe being a northern corner of the property owned now or formerly by Woodsedge Properties, LLC as shown on Plat Book 56, page 11, Orange County Registry; runs thence along and with the boundary of said Woodsedge property the following three courses and distances: (1) South 55°38' 42"West 37.72 feet to an existing iron pipe; (2) South 000 19' 12" East 102.76 feet to an existing iron pipe; and (3) North 89° 59' 15" West 1,383.11 feet to an existing iron pipe located in the northern right of way line of I-40, a public right of way,thence along and with said northern right of way line of I- 40 the following seven courses and distances: (1) North 42° 44' 08" West 32.74 feet to an existing concrete monument; (2) North 890 38' 14" West 9.73 feet to an existing concrete monument; (3)North 33° 34' 07"West 154.51 feet to an existing concrete monument; (4)North 47° 36' 05" West 238.24 feet to an existing concrete monument; (5) North 44° 11' 02" West 105.82 feet to an existing concrete monument; (6) North 44° 28' 23" West 218.48 feet to an existing concrete monument; and (7) North 43° 45' 53" West 31.66 feet to an existing iron pipe, said iron pipe being the southeast corner of the property owned now or formerly by Oliver D. Clayton et al. as described in deed recorded in Book 389, page 267, Orange County Registry; runs thence along and with the eastern line of said Clayton property North 01° 33' 31" East 984.63 feet to an existing iron pipe; runs thence along and with the northern line of said Clayton property South 89° 51' 12" West 1,023.47 feet to an existing concrete monument located in the eastern right of way line of Old Chapel Hill — Hillsborough Road (SR 1009), a public right of 20050415000131490 R/C Bk:RB3721 Pg�527 04/15/2005 12:39: 4PM 13/23 way of variable width; runs thence along and with said eastern right of way line of Old Chapel Hill—Hillsborough Road the following five courses and distances: (1) North 13° 50' 00" West 122.39 feet to an existing concrete monument, said monument being identified as Station 50+00; (2) North 12° 47' 26" West 121.90 feet to an existing iron pipe; (3) North 12° 49' 31" West 843.06 feet to an existing iron pipe; (4) North 12° 50' 24" West 608.30 feet to an existing concrete monument; and (5) North 180 13' 43" West 274.95 feet to an existing concrete monument, said monument being the southwest corner of the property owned now or formerly by Michael T. Brown et al. and Rufus B. Blackley as described in deed recorded in Book 948, page 223, Orange County Registry; runs thence along and with the southern line of said Brown property South 87° 28' 50" East 399.14 feet to an existing iron pipe, said pipe being located in the western line of property owned now or formerly by Hugh Moren as shown on Plat Book 94, page 149, Orange County Registry; runs thence along and with said western line of the Moren property South 02° 21' 39" East 589.22 feet to an existing iron pipe; runs thence along and with the southern line of said Moren property South 890 14' 35" East 947.71 feet to an existing iron pipe; runs thence along and with the eastern line of said Moren property the following three courses and distances: (1) North 05° 05' 29" West 1,310.03 feet to an existing iron pipe; (2) North 16° 20' 39" West 722.05 feet to an existing iron pipe; and (3) North 33° 33' 55" West 310.25 feet to an existing iron pipe; runs thence along and with the northern line of said Moren property the following two courses and distances: (1)North 82°01' 55"West 1,199.64 feet to an existing iron pipe; and(2) South 74° 02' 53" West 400.40 feet to a calculated point located in the eastern right of way line of Old Chapel Hill — Hillsborough Road (SR 1009), a public right of way of variable width; runs thence along and with said eastern right of way line North 16° 05' 59" West 149.19 feet to a calculated point, runs thence North 73° 55' 11" West 431.89 feet to an existing iron pipe; runs thence South 82° 01' 52" East 1,116.91 feet to a point, said point being the southwest corner of Lot 22R as shown on Plat Book 76, page 39, Orange County Registry; runs thence along and with the southern line of Old Mill Subdivision, Phase One-A, as shown on Plat Book 76,page 39, Plat Book 78,page 40,Plat Book 78,page 64,Plat Book 87,page 62,Plat Book 80, page 158, and Plat Book 94, page 78, all of the Orange County Registry, the following eight courses and distances: (1) North 52° 28' 09" East 200.83 feet to a calculated point; (2) North 53° 01' 15" East 246.01 feet to a calculated point; (3) North 52° 28' 41" East 379.86 feet to an existing iron pipe; (4) North 52° 28' 41" East 172.23 feet to a calculated point; (5) North 38° 39' 26" East 377.71 feet to a calculated point; (6) North 02° 20' 55"West 281.24 feet to a calculated point; (7)North 25°22' 22"East 547.49 feet to a point; and(8)North 80°53' 52"East 500.87 feet to the POINT AND PLACE OF BEGINNING, containing approximately 335.03 acres, all according to plat of survey entitled "WATERSTONE — OVERALL BOUNDARY EXHIBIT W/ EASEMENTS, TOWN OF HILLSBOROUGH, ORANGE COUNTY, NC" prepared by The John R. McAdams Company, Inc.,dated April 9,2005. SAVE AND EXCEPT from the above-described TRACT 1 that certain tract or parcel of land being shown as Tract A, containing 20.00 acres, as shown on plat of survey entitled "DTCC TRACT & WATERSTONE DRIVE DEDICATION — 20.00 ACRES — TOWN OF HILLSBOROUGH, ORANGE COUNTY, NC" prepared by The John R. McAdams Company, Inc., dated July 12, 2004, last revised April 5, 2005, and recorded in Plat Book , page � , Orange County Registry. 20060416000131490 RIC Bk:RB3721 P9:528 04116!2006 12:39:64PM 14123 The above-described TRACT 1 being comprised of Orange County PINs 9873-33-1126 (TMBL 4.49.B.14), 9873-42-6534 (TMBL 4.49.B.17), 9873-43-2983 (TMBL 4.49.B.15); 9873- 35-5270 (TMBL 4.45E.A.12), 9873.35.9245 (TMBL 4.45E.A.10), 9873.26.3893 (TMBL 4.45..2), 9873.25.4059(TMBL 4.45..2F), and 9873.04.8468 (TMBL 4.49.B.5), TRACT 2: i BEING ALL of Tract B, containing 1.90 acres as shown on plat of survey entitled "WATERSTONE — RECOMBINATION PLAT, TOWN OF HILLSBOROUGH, HILLSBOROUGH TOWNSHIP, ORANGE COUNTY, NC" prepared by The John R. McAdams Company, Inc., dated March 28, 2005, and recorded in Plat Book 97,page 35, Orange County Registry. The above-described TRACT 2 being designated as Orange County PIN 9873-52-4479 (TMBL 4.49.B.22B). TRACT 3: BEING ALL of Lot 6, Block A, Section Three of Stagecoach Run Subdivision, as shown on a map recorded in Plat Book 42,page 110, Orange County Registry. The above-described TRACT 3 being designated as Orange County PIN 9873-34-5979 (TMBL 4.45E.B.4). TRACT 4: COMMENCING at an existing iron pipe located in the eastern right of way line of Old Chapel Hill — Hillsborough Road (SR 1009), a public right of way of variable width, said pipe being distant South 35° 56' 52" West 7,919.60 feet from NCGS Monument "NEAL", said monument having NCGS grid coordinates N=840,518.3760 and E=1,975,514.8760 (NAD 83), said pipe being the westernmost corner of that certain 15.88 acre parcel owned now or formerly by John Bratton as shown on Plat Book �, page (o� , Orange County Registry; thence traversing said Old Chapel Hill—Hillsborough Road running South 181 50' 25"West 228.93 feet to an existing concrete monument located in the western right of way line of said Old Chapel Hill — Hillsborough Road, said existing concrete monument being the TRUE POINT AND PLACE OF BEGINNING; runs thence from said true point and place of beginning along and with said western right of way line of Old Chapel Hill —Hillsborough Road the following three courses and distances: (1) South 12° 52' 46"East 429.75 feet to an existing iron pipe; (2) South 12° 50' 17" East 340.69 feet to an existing concrete monument; and (3) South 14° 29' 23" East 20050416000131490 R/C Bk:RB3721 P9:529 04116/2006 12:39:64PM 15/23 95.86 feet to an existing iron pipe; thence leaving said western right of way line of Old Chapel Hill — Hillsborough Road and running South 89° 51' 12" West 152.40 feet to an existing iron pipe, said iron pipe being located in the eastern right of way line of Rippy Lane, a public right of way of variable width; runs thence along and with said eastern right of way line of Rippy Lane the following six courses and distances: (1) North 010 49' 08" East 35.06 feet to an existing concrete monument; (2) along and with a curve to the left having a radius of 1,329.63 feet, an arc length of 303.59 feet, and an exterior chord bearing and distance of North 03° 12' 20" West 302.93 feet to an existing iron pipe; (3) North 09° 44' 48" West 250.83 feet to an existing iron pipe; (4) along and with a curve to the right having a radius of 2,238.08 feet, an arc length of 148.89 feet, and an interior chord bearing and distance of North 08° 39' 09" West 148.86 feet to an existing iron pipe; runs thence North 05° 57' 27" West 114.03 feet to an existing concrete monument; runs thence South 88° 51' 49" East 49.45 feet to the TRUE POINT AND PLACE OF BEGINNING, containing 1.72 acres, all according to plat of survey entitled "WATERSTONE — OVERALL BOUNDARY EXHIBIT W/ EASEMENTS, TOWN OF HILLSBOROUGH, ORANGE COUNTY, NC" prepared by The John R. McAdams Company, Inc.,dated April 9, 2005. The above-described TRACT 4 being comprised of Orange County PINS 9873-03-9867 (TMBL 4.49.B.6A),9873-03-9577 (TMBL 4.49.B.6), 9873-03-8215 (TMBL 4.49.B.6B), and a small sliver of 9873-33-1126 (TMBL 4.49.B.14). i i i I i 20050415000131490 R/C Bk:RB3721 P9:530 04/15/2005 12:39:54PM 16/23 EXHIBIT C j ORANGE COUNTY CAMPUS, DTCC PROPERTY DESIGN GUIDELINES I I I lsg:orangecounty\TrumpNorcaDurham Tech Declaration with OC and DTCC revs clean.DOC 20050415000131490 R/C Bk:RB3721 Pg 331 04/15/2005 12:39-54PM 17/23 October.26, 2004 ate i k F , 9 I ,e DUES#IAM T tI»:QRMGLC0A N'tTY.•CAAi1P.,[1S d EA OM QB%-&1PTf,0N EX!991J= S.tAWRY The intent. of this: clarltarYietit 14 to tlefirie the alfittecturat oharatsfer of the; 1,rvev w.eg gs Atn bdttdir�g(a)tq bey erected try whailn Tr�chn:cat:GOmmurtity College on.their.new.c�mptrs JFx6 !LIdS• AFA w..VAMUI�_•WATSQN AJA in;the dwvet©prmeht df Waterstone. The;property is tpc:aterf-.in Orange Gbunty and mate specific>�py'fn Hiiliberougt?,�iVC: Tbo Tf urm GrOPA ft tho tlpveloper; Wishos to defn$ ti to use `:f bci 0g: 1481AT1Y3Fi AVENt1& trig*r'tals;end"iso¢pme;:e �:tfie eltafeinal ohate9ter of Vie.bufidiggs•pndrn order.to e4E.' aeiiieue thud.gib l. and in an effmif to-ple rly ef+ne Phis n:�epvor to D.tarherri'7eoYi, ttfe 't ctt g t�gttp-o�ers file coilege f •Pallmtiiing'dr4Wfng:#an(f Writton desciitigns. >s2. 286 •9992 t Front:el4VAtion;Tend n0 l Pram commons aK ti). 2,= Rear efew itiott rendeiih�(Prorrt ttYe'rnain;roati t>elaw). ra • 3. beai of a tytctllg ccrnL, r. ow r- 9,s r6n,:dec th,w motage of`ose of each matenat shown: It is not the True tp- Art's triton: propose en at i ai fe I Qurham'F h's e maic buitding,.:bu .o define thire�appc tions through the render'rhgs.and written riescrip#ltfnh.In ;wivirc ,er , om Kgemerat sitwmlant prepared by.`he`Thimp:Group, was presented to.Ourham Teefi at5d eeee Eecl:.as'the�tanttatd taca,`an forraads and ac�oining sites: In padnersktip wilih Durham Tech,:rite but :materials weere determined.to consist;df the fCrll��itirs� 1.. Bribfc rrerteer: 2. Girt stElntledetailih , :3. Artifctiiiat statidfr atrt rit�i:xaaf, a. Wiridtft W fatrt6,40,ae ci de. F�:t�l !@;#t�;clilage,:IrdtedthaE the initial tiuiiair#g�ropld e`�t•#ilcdlYti�a . f�)story structure:and tY1at a edet :pnaiharl ct q�Ipdii�nle, 1ou(d also l pcesettt. tip bef to ob]i1b tteh oritfeuflliiad7etQtiw,this`cotter eld $# ft iNlis lasdd psa rt� l ;the e +ptlon``that Est` ts�ii use faf rite:tii:Wing anti ,°ws: fiineted- "fhe:lydiue;t:�ar+a�s-fol(axcs: . i, Rods 401, afifx rf Oitandiiig ;seam, painted: (t ofor 1a bi? SRpr iYR fay:f;Eie*±f+ fapd ?, BriGicleri:er- 14r rt%ge:t�i3y- a. :.aiovvn•. 3. gr ciff: eteik } :t'a oo t9 ii<face Veneer.of the:buCld rig) 20050415000131490 R/C Bk:RB3721 P9:532 04/15/2005 12:3954PM 18/23 A. Brick cornice............................ 7:2% B. Brick quoins(comer details).... 16.8% C. Brick banding........................... 3.7% D. Brick window surrounds........... 2.8% 4. Cast Stone Details(as they relate to total face veneer of the building) A. All cast stone in general veneer-5.6% B. Cast stone at entries(estimated)-14% 5. Windows(as they relate to total face veneer)•11% CONCLUSION The percentages listed above are target goals for Durham Tech and the Trump Group to work towards in good faith to develop a building that works for everyone. They are in no way to be considered as absolutes but intended as a general guide to-establish a common ground between Durham Tech and the Trump Group. The Trump Group wishes to thank Durham Tech for their input and to again emphasize that Trump's intent Is to establish the character and materials of the campus buildings and not the actual design of the building. This document, along with the college's program requirements, will provide the building's architect a framework to successfully.design Durham Tech's buildings on their new Orange County campus. If you have any questions, please do not hesitate to contact me. Sincerely, BOWERSp ELLIS&WATSON ARCHITEC ,P IVIK A-�s — W.Michael Watson,AIA WMW1tw 040721facadedes 20050415000131490 R/C THIS MAP IS NOT A CERTIFIED SURVEY Bk:RB3721 P9:533 . AND HAS NOT BEEN REVIEWED BY A 04/15/2005 12:39:54PM 19/23 LOCAL GOVERNEMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE ND DEVELOPMENT REGULATIONS. T %:EN.r L R Gem h.d „r :..e % aa .. a h Ian.(. ' MR } ,.. 5�e3tsf 2 �vsy4 �T�'I "b�i '•c�iL�,f `� �- 'aL%2 N Ki 2� i,xrt`x 20050415000131490 R/C Bk:RB3721 Pg:534 . THIS MAP IS NOT A CERTIFIED SURVEY 04/1512005 12:39:64PM 20/23 AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNEMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. 4 r r s M is E ' _ r AI R H N: OU aU;z Ho 4 in Ai 41 �.w }JYI t' 20050415000131490 R/C Bk:RB3721 Pg:535 04/1512005 12:39:54PM 21123 THIS MAP 1S NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNEMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. in r r s iF& �' � i , � ''� a �',a a ass _, ■sbsvlECe » € as >M 3 ¢ € f 1y s A. l A NEW BUILDING FOR DURHAM TECHNICAL COMMUNITY COLLEGE ORANGE COUNTY CAMPUS CORNER ELEVATION 20050415000131490 R/C Bk:RB3721 P9:536 04/15/2005 12:39:54PM 22/23 THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNEMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. a "- \'San t!'�•.',fie ya _�_ `.3 ;'}� � �{' �' �a s r'�Y y F nx t• t. wl A NEW BUILDING for ( i ASHEVI TON AVENUE. BEW. ABNEVILLE.NC 268D RE W. DURHAM TECHNICAL COMMUNITY COLLEGE 8281238-9992 B.E.W. ORANGE COUNTY CAMPUS fa28/2%acsimile: R.E.W. I -BBaa �_-- AS NOTED I 20050415000131490 R/C Bk:RB3721 P9:537 04/15/2005 12:39:54PM 23/23 Dom ' rn ,j1�-:. 'lip r` �r ,,,,x::.""�" �r,rl ':�✓"� 4 ....i"""�°" ,1+'j' � �4� ,r ' irk t k i 1' � -f'•' `.:^;N. E }E ' 43g S ti. ,; ssi It y � •� �,Y �y,; � �V}311 t �� Y � .� � .3 � Zn o ox , 1' - 5 •gin t:�� ..>.+fi." �� _ k\��• - - • I'm m1"t'0l1 Me" A NEW BUILDING for PAWVULNC „ mow. DURHAM TECHNICAL COMMUNITY COLLEGE .}RANGE COUNTY CAMPUS �' MAW