S Declaration and Release between Orange County and Piney Mountain Homeowners Association, Inc.

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