Agenda - 11-01-94 - VIII-G - Laserfiche WebLink

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OCT-13-1994 13:43 FROM COLEMAN GLEDHILL HARGRAVE TO 6443002 P.03 15 Letter to Mary Willis October 13, 1994 Page 2 to Orange County, or to the Hannah Creek Homeowner's Association in order to protect the creek and the land. Since these areas are designated as private, we note that Orange County would not he an appropriate donee of any such easement. In order to grant such an easement, Hannah Creek, Inc. would need to comply with the requirements of Article 4 of North Carolina General Statute Section 121; which contains the Conservation and Historic Preservation Agreements Act. A conservation agreement must be executed and recorded with the Orange County Register of Deeds. This agreement should be perpetual and Orange County should he a third party beneficiary in order to ensure that the County will review any and all changes in the agreement. The County has an interest in seeing that this property is maintained for its intended purpose and not abaftdoned in the future. G.S. Section 121-35 states that the holder may be a non-profit corporation or trust or a private corporation or business entity whose purposes include any of those listed in paragraph 1 of Section 121-35, which indicates that Hannah Creek Homeowners Association could be an appropriate donee if its charter and bylaws are appropriately crafted. A cppy of that statute is enclosed for your reference. Please require the applicant to submit to you for our review the proposed conservation agreement and homeowners association documents. 3. Preliminary Plan. Phasing on the preliminary plan needs to he revised so that the first phase includes the private dedication of the arboretum, conservation easement, equestrian and pedestrian trails, etc. The existence of these areas is presumably critical to the development being considered as suitable for private roads and the County should ensure that these areas will he preserved even if subsequent phases are never developed. This should be the case in all such projects. Also we note that since the bulk of the arboretum, conservation easement, equestrian and pedestrian trails,etc. are inaccessible except by private roads, there needs to be some interim or permanent pedestrian easement connecting these areas to Elizabeth Walters Road so it is accessible to Phase A and all other Phases prior to completion of the entire subdivision. 4. Road Maintenance Agreement. Section IV-B-3-d-2 of the Orange County Subdivision Regulations requires, among other things, that the subdivider of a subdivision containing private roads record a document substantially in the form of the County's Standard Road Maintenance Agreement guaranteeing the right of access for the proposed private road to a State or municipally maintained road by way of direct access or other private roads. The road maintenance agreement proposed provides private mad access to Elizabeth Walters Road. While this road is to he dedicated and accepted as a public road, it will not be State or municipally maintained immediately after its creation. Therefore, the agreement must provide for access to High Rock Road, which is; State maintained. Article 2 should also he revised to include Elizabeth Walters Road. Further, when the Cotlnry accepts a public dedication of a road, it does so expressly without maintenance responsibilities. Section V-D-6-b of the Subdivision Regulations requires • 2