Agenda - 09-15-2009 - 4e - Laserfiche WebLink

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Mr. John Smith Page 3 July 2, 2009 at Book 96, Page 17, Orange County Registry. Also recorded on September 20, 2004, at Book 3561, Page 480 of the Orange County Registry, is a Declaration of Development Restrictions and Requirements. That Declaration, at the OTHER RESTRICTIONS section, states: "Buffers and Open Space as indicated on the Final Plat." (Emphasis added.) At the "CERTIFICATES OF DEDICATION AND MAINTENANCE" section, the Declaration states: The undersigned hereby certifies that the land shown on the subdivision plat referenced under "Property Description" on page 1 [of the Declaration, which property is the property shown on the plat recorded at Plat Book 96, Page 16-17, Orange County Registry] 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, 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. (Emphasis added.) The recorded final plat (pages 1 and 2) of Mill Creek II, Section Two, Phase A together with the Declaration recorded for this subdivision restrict the use of Parcels 04 and 05 to open space and effective September 20, 2004. They do nothing with respect to Parcel 06 and Parcel 07. And, Parcel 06 is not intended to be used for open space at all. It was to be conveyed to Orange County for future public road extension purposes. In a deed recorded on November 13, 2007 at Book 4408, Page 346, the Walkers conveyed Parcels 04, 05, 06 and 07 to the Mill Creek of Orange County Homeowners Association, Inc. That deed, effective that date, accomplished, with respect to Parcels 04, 05 and 07, what is required by N.C. Gen. Stat. § 105-277.8 to make the value of those parcels nominal. The conveyance of Parcel 06 to the Homeowners Association is not consistent with the October 1, 2003 Resolution of approval of the preliminary plan of this subdivision. That Parcel was to be deeded directly from the Walkers to the County.l 'My file contains copies of unrecorded but signed deeds, one dated December l0, 2008, the other dated January 4, 2008, from the walkers and the Mill Creek of Orange County Homeowners Association, Inc. Both of these deeds purport to convey Parcel 06 to Orange County. F:\Lisa\letters\John Smith ltr re Walker Mill Creek prop.doc