Agenda - 12-03-2007-4l - Laserfiche WebLink

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3 Orange Unified Transportation Board's (OUTBoard) discussions to recommend a policy to guide BOCC actions regarding recommendations for petitions for addition to the State Maintained Road System Fox Hill Farms East exempt plat addresses the policy's four above outlined criteria for the BOCC to recommend that Little Leaf Lane be added to the State Maintained System as follows: 1. Construction • The NCDOT Secondary Road Addition Investigation Report states that Little Lear Lane meets minimum NCDOT road standards. 2. Connectivity • Little Leaf Lane does not meet the recommended policy requirement regarding connectivity. • Connectivity may not be desirable in this location as the only practical connection from Fox Hill Farm East exempt subdivision to another parcel of land is to Phase 2, Sections A and B of Fox Hill Farm East (a major subdivision approved by the BOCC in June 2000). To connect Little Leaf Lane (a 0.21 mile road) to South Flat Rock Place in Section B would, at a minimum, require an additional .31 -mile extension, impacting over 1.21 acres of upland hardwoods. 3. Right-of-Way • The eight residential lots are platted to the edge of the private road right-of-way and irons have been set at the edge of right-of-way. • The plat does not have certificates of right-of-way dedication and acceptance, but NCDOT has already recorded right-of-way agreements with all lot owners. 4. County Subdivision Regulation • A concept plan indicates that the Fox Hill Farm East exempt plat was planned in conjunction with Phase. 2, Sections A and B of Fox Hill Farm East Subdivision and connections to open space between those divisions of Fox Hill Farm East has been provided. The private road (a cul-de-sac) is part of a 10.03 acre parcel that also contains a pond on a 7.12 acre open space "parcel" south of the cul-de-sac and a 50- foot strip north of the cul-de-sac that connects to open space, approximately 23.6 acres, in Phase 2, Section A of Fox Hill Farm East subdivision. • There should be no future subdivision. Restrictive covenants filed with the Orange County Register of Deeds (Book 2054, Page 434) in Article One Section 1.1 (A) Single Family Residence states that "No lot shall be subdivided; however, adjoining property Owners may adjust a common boundary line by the sale or exchange of property between such Owners, provided that such sale or exchange otherwise satisfies the requirements contained herein." Article Three Duration of Restrictive Covenants establishes that "The restrictive covenants and other requirements set forth herein shall continue in full force and effect until twelve o'clock noon, local time, on December 32, 2015, after which time they shall automatically be extended for successive ten (10) year periods, unless an instrument in writing, signed by a majority of the owners of the Lots revoking or terminating the same, shall be filed in the Office of the Register of Deeds of Orange County, North Carolina, within the twelve (12) month period preceding the beginning of each successive period often (10) years." Article Five Amendment provides that "This instrument may be amended only by the affirmative vote (in person or by proxy) of not less than sixty-five percent (65%) of the Class "A" Members and s sixty-five percent (65%) of the Class "B" Members at a meeting of the Association called for that purpose. However, no such amendment may conflict with any term, provision or condition of the Declaration, as amended from time to time. Any such amendment must