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ac~~:2-387 :;.::: 338 <br />fifty (50) feet from the centerline of the existing right-of-vvay, shall be made to the NCDOT. <br />Dedication shall be recorded prior to County Attorney approval of the Special Use Permit. <br />47. The existing American Stone driveway onto NC 54 shall be relocated to existing Bethel <br />Hickory Grove Church Road within two months after the opening of the relocated section of <br />Bethel Hickory Grove Church Road. <br />48. In cases of abandonment of termination of operations for a period of twelve (12) consecutive <br />months, application for a new Special Use Permit is required. <br />49. Two turn lanes (right turn lane and a center turn lane) on NC 54 shall be constructed or <br />bonded in accordance with NCDOT specifications prior to attorney approval of Special Use <br />Permit for recordation. <br />50. Prior to recording this special use permit, OWASA will record a conservation easement <br />naming Orange County as the grantee and, at the option of Orange County, naming an <br />additional grantee(s), in form satisfactory to the County Attorney, permanently restricting the <br />future development on the tracts designated as TM 6.28..9B and TM 6.28..9E and agreeing to <br />annex TM 6.28..9C, TM 6.28..9, TM 7.112..32, TM 7.112..31A and a portion of tract TM <br />6.28..8A into the area encumbered by the conservation easement when those tracts or <br />portions thereof are conveyed to OWASA by American Stone Company no later than at the <br />conclusion of mining in accordance with the agreement between American Stone Company <br />and OWASA. On or before June 5, 2001, the County Manager will report to the Orange <br />County Board of Commissioners concerning potential additional grantees, their willingness <br />and ability to serve in that capacity and any other information necessary for the Board of <br />Commissioners to determine whether the conservation easement will have multiple grantees <br />and the identity of any grantee in addition to Orange County. <br />51. A portion of the property subject to this special use permit is subject to a special use permit <br />issued October 23, 1981 and recorded at Book 492, Page 196 and modified at Book , <br />Page ,Orange County Registry. This permit supersedes the prior permit which will <br />become void upon the last to occur of (a) the running of the time for filing an appeal of the <br />decision to issue this special use permit as provided in § 2.14 of the Orange County Zoning <br />Ordinance and N.C. Gen. Stat. § 153A-340 and § 153A-345 without the filing of an appeal, <br />or (b) the entry of a final decision by a court of competent jurisdiction from which no further <br />appeal is possible upholding the validity of this special use permit. <br />NORTH CAROLINA <br />ORANGE COUNTY <br />IN WITNESS WHEREOF, Orange County, has caused this instrument to be executed in its <br />name as evidence of the issuance of said permit, and the undersigned being all of the property <br />owners of the property above described, have executed this instrument in evidence of their <br />acceptance of said Special Use Perniit as a covenant running with the land. <br />ORANG LINTY <br />By: <br />John M. Link, Jr. <br />County Manager <br />l~ <br />45 <br />• <br />• <br />• <br />• <br />• <br />