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Home My WebLink AboutDeclaration of Development Restrictions and Requirements Recorded Concurrently with Maple View Farm Soccer Field Lease Boor2443 PACE 594 Return To: Bob Jones Recreation & Parks, P.9. Box 8181 Hillsbo.rou.gh, NC 27278 PREPARED BY PLANNING DEPARTMENT ORANGE COUNTY NORTH CAROLINA DECLARATION OF DEVELOPMENT RESTRICTIONS AND REQUIREMENTS RECORDED CONCURRENTLY WITH MAPLE VIEW FARM SOCCER FIELD(ORANGE COUNTY LEASE)SURPIV15I0N PLAT BOOK/PAGE 915/ 42/_ /570, OWNER: NUTTER FAMILY LIMITED PARTNERSHIP III This DECLARATION,made this 26'h day of November,2001, by Nutter Family Limited Partnership, III,the owner of the property described in the Property Description section of this declaration,hereinafter called Declarant. WITNESSETH Declarant agrees for itself and with any and all persons, firms or corporations hereinafter acquiring any of the property described in the Property Description section of this declaration,that the same shall be subject to the following restrictions,conditions,and covenants relating to the use and occupancy thereof,which restrictions,conditions, and covenants shall run with the said property and insure to the benefit of and be binding upon the heirs,successors and assigns of the Declarant and other acquiring parties and persons. PROPERTY DESCRIPTION Being all of Parcel B as shown on the plat entitled"Final Plat Subdivision for Maple View Farm Soccer Field—Orange County Lease",dated August 7, 2001, last revised November 9,2001, as drawn by James H. Holland, Jr.,P.L.S.'of Holland Land Surveying, and recorded in Plat Book 2:)CII ,Page _199 , Orange County Registry, hereinafter"the property"or"the subdivision". SETBACKS Building structures shall meet applicable setbacks as required by Section 5.1.1 of the Zoning Ordinance. Said ordinance requires that all structures maintain a front yard setback of 40 feet,measured from the edge of right-of-way, and a setback of 20 feet from side and rear-lot lines. Exceptions to the setback requirement include certain architectural features(such as corners, eaves, and gutters), an unenclosed balcony or fire escape, and an attached private garage or carport. See Section 6.6 of the Orange County Zoning Ordinance, available at the Planning Department for specific regulations relating to these exceptions. 1 BooM2443 PACE 594 Return To: Bob Jones Recreation & Parks, P.W. Box 8181 Hillsborough, NC 27278 PREPARED BY PLANNING DEPARTMENT ORANGE COUNTY NORTH CAROLINA DECLARATION OF DEVELOPMENT RESTRICTIONS AND REQUIREMENTS RECORDED CONCURRENTLY WITH MAPLE VIEW FARM SOCCER FIELD(ORANGE COUNTY LEASE) S M PIV115ION PLAT BOOK/PAGE /S7 0/ OWNER: NUTTER FAMILY LIMITED PARTNERSHIP III This DECLARATION,made this 26`h day of November,2001, by Nutter Family Limited Partnership, I11, the owner of the property described in the Property Description section of this declaration,hereinafter called Declarant. WITNESSETH Declarant agrees for itself and with any and all persons, firms or corporations hereinafter acquiring any of the property described in the Property Description section of this declaration,that the same shall be subject to the following restrictions,conditions,and covenants relating to the use and occupancy thereof,which restrictions,conditions,and covenants shall run with the said property and insure to the benefit of and be binding upon the heirs,successors and assigns of the Declarant and other acquiring parties and persons. PROPERTY DESCRIPTION Being all of Parcel B as shown on the plat entitled"Final Plat Subdivision for Maple View Farm Soccer Field—Orange County Lease",dated August 7,2001, last revised November 9,2001, as drawn by James H.Holland,Jr.,P.L.S.of Holland Land Surveying, and recorded in Plat Book-0c) ,Page , Orange County Registry, hereinafter"the property"or"the subdivision". SETBACKS Building structures shall meet applicable setbacks as required by Section 5.1.1 of the Zoning Ordinance. Said ordinance requires that all structures maintain a front yard setback of 40 feet, measured from the edge of right-of-way, and a setback of 20 feet from side and rear lot lines. Exceptions to the setback requirement include certain architectural features(such as corners, eaves, and gutters), an unenclosed balcony or fire escape, and an attached private garage or carport. See Section 6.6 of the Orange County Zoning Ordinance,available at the Planning Department for specific regulations relating to these exceptions. 1 q,,, Boor2443 au 595 SEWAGE DISPOSAL Parcel B is of restricted development potential because of the fact that the suitability of the lot for the installation of onsite subsurface soil absorption sewage disposal facilities has not been established by the Orange County Division of Environmental Health pursuant to Section IV-B-2 of the Orange County Subdivision Regulations. LANDSCAPING Existing trees shall be preserved to satisfy the landscaping requirements pursuant to Section IV-B-8-d-1 of the Subdivision Regulations. Clear cutting of trees is prohibited. No trees measuring twelve(12)inches or more in diameter at a point four and one half(4.5)feet above the ground shall be cut. An exception shall include clearing of trees for the location of buildings,driveways, septic systems,and garden areas. CERTIFICATE OF DEDICATION AND MAINTENANCE "The undersigned hereby certifies that the land shown on the subdivision plat referenced under'Property Description'on page l.is owned by the undersigned and is located within the subdivision-regulation jurisdiction of Orange County and hereby freely dedicates all rights-of-way,easements,streets,recreation area,open space,common area,utilities and other improvements to public or private common use as noted on this plat,and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity." OTHER RELATED DOCUMENTS Documents recorded concurrently with the Final Subdivision Plat may be revised and re-recorded at a later date. Check property record through the Orange County Register,of Deeds to identify all documents recorded for this property. DURATION OF RESTRICTIONS The restrictions imposed by this Declaration shall remain in full force and effect until such time as they are removed by the official legislative or administrative action of Orange County or another governmental unit with jurisdiction over the property. 2 ,�i Aoor2443 PncE 596 IN WITNESS WHEREOF,Declarant has caused this instrument to be signed and sealed on the day and year first written above. Nutter Family Limited Partnership,III, By Robert Nutter,a partner NORTH CAROLINA ORANGE COUNTY I, otary Public for said County and State,certify that Robert Nutter,a artner in Vamily fimited Partnership,III,personally.appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the partnership. Witness my hand and official seal,this the 7 day of 2001. otary Public �::�:�t yen,�,1 �-:•.. My commission expires: Yl ,, 4 ....__ % �' v;'�r,,•` H:/declaradmapleviewsoccerrield/11-26-01/jag 3 BooK2443 PACE 597 ntil of 52 �a Joyce H. Pearson Register of Deeds Orange County North Carolina FILED 07 DEC 2001, at 11:39:02am Fronk. 21+1+39 Page 594 - 597 Joyce H. Pearson Register of Deeds, Orange County, N. C. State of North Carolina,County of Orange The foregoing certificates of Elizabeth G.Jennings, Notary/Notaries Public for the Designated Governmental units is/are certified to be correct. See filin certificate herein. This day December 7,2001 w JOYCE H.PEARSON,REGISTER OF DEEDS By: ty/Ant�t Reg' o Deeds