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TC A <br /> NORTH CAROLINA <br /> ORANGE COUNTY DECLARATION AND RELEASE <br /> THIS DECLARATION AND RELEASE, made as of the `7 day of <br /> Ae cz-I'm Leel , 1995, by and between Piney Mountain Homeowners <br /> Association, Inc. , a North Carolina non-profit corporation (the <br /> "Association" ) and Orange County, a body politic and corporate <br /> and a political subdivision of the State of North Carolina <br /> ( "County" ) . <br /> W I T N E S S S E T H: <br /> WHEREAS the Association is the owner of the property <br /> identified in Exhibit A hereto (the "Property" ) ; and <br /> WHEREAS the Property, or some of it (the "Restricted <br /> Portion" ) , is subject to certain Declarations, listed in Exhibit <br /> B hereto, which restrict the use of the Restricted Portion to use <br /> as nitrification fields for a community sewage system but the <br /> community sewage system has now been abandoned and the Piney <br /> Mountain Subdivision has been connected to the waste disposal <br /> system of the City of Durham; and <br /> WHEREAS the Association and the County have agreed that the <br /> Restricted Portion no longer needs to be restricted for use as <br /> nitrification fields but should continue to be restricted as <br /> Recreation/Open Space for the use and enjoyment of the residents <br /> of Piney Mountain Subdivision pursuant to Section IV-B-10 of the <br /> Orange County Subdivision Regulations; and <br /> WHEREAS, to the extent not inconsistent with the restriction <br /> as Recreation/Open Space under the Orange County Subdivision <br /> Regulations, the Association also desires to dedicate such land <br /> as "community use areas" pursuant to the provisions of the <br /> Declaration of Restrictions and Covenants recorded in Book 707, <br /> Page 242, as amended in Book 792, Pages 149 and 166, Orange <br /> County Registry (the "Declaration" ) . <br /> Now, therefore, in consideration of the above recitations <br /> and the mutual covenants contained herein, the parties agree as <br /> follows: <br /> 1. All restrictions limiting the use of the Restricted <br /> Portion to use as nitrification fields for a community sewage <br /> system are hereby removed and the Restricted Portion is hereby <br /> released therefrom. <br /> 2. The Property is hereby restricted as Recreation/Open <br /> Space for the use and enjoyment of the residents of Piney <br /> Mountain Subdivision pursuant to Section IV-B-10 of the Orange <br /> County Subdivision Regulations until this restriction is removed <br /> by agreement of the Association and the County. <br />