Orange County NC Website
Browse       Search
3 <br /> from 30 feet wide to 60 feet wide with the additional right of <br /> way width taken equally from each side of the road. Therefore, <br /> the agreement effectively granted a right-of-way of fifteen feet <br /> within the property along Gaines Chapel Road. <br /> Although Lots 1, 2 and 3 were created by a subdivision plat <br /> recorded in 1983 (as were Lots 4, 5 and 6, none of which are the <br /> subject of this Agreement) , the recorded plat was originally <br /> drawn in 1965 prior to the execution of the right-of-way <br /> agreement . While the plat was "revised" and recorded in 1983 , <br /> the "revised" plat did not account for the right-of-way granted <br /> in 1975 . The recorded plat indicates Lots 1, 2 and 3 have a <br /> depth of approximately 80 feet, however, it fails to describe or <br /> depict the 15 foot right-of-way within the lots adjacent to <br /> Gaines Chapel Road. Therefore, it fails to show that the right- <br /> of-way reduced the "buildable" depth of the lots from 80 feet to <br /> approximately 65 feet . <br /> McCormick presented this erroneous plat to the Orange County <br /> Planning Department (hereafter "the Planning Department" ) for a <br /> determination of the buildable area of each of the six lots shown <br /> on the plat for single family homes. Article 5 of the Zoning <br /> Ordinance generally requires that buildings must be set back at <br /> least 40 feet from the right-of-way line in the R-1 district . In <br /> March, 1996, the Planning Department staff assisted McCormick in <br /> determining the building setback requirements applicable to the <br /> lots and in locating the buildable area of each lot using the <br /> erroneous 1983 plat . Using the erroneous plat, it was determined <br /> 2 <br />