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COLEMAN, BERNHOLZ, <br /> 12. <br /> BERNHOLZ, GLEDHILL & HARGRAVE <br /> ATTORNEYS AT LAW <br /> P.O. DRAWER 1529 <br /> 129 E. TRYON ST. <br /> HILLSBOROUGH, NC 27278 <br /> 919-732-2196 December 1, 1989 <br /> 919-942-8000 <br /> FAX 919-732-7997 <br /> CHAPEL HILL OFFICE <br /> SUITE 300,THE CENTER Mr. Eddie Kirk <br /> 1506 E.FRANKLIN STREET Planner <br /> CHAPEL.HILL.NC 27514 <br /> 919-929-7151 Orange County Planning Department <br /> FAX 919-929-3892 306F Revere Road <br /> ALONZO B.COLEMAN.JR. Hillsborough, North Carolina 27278 <br /> STEVEN A.BERNHOLZ <br /> ROGER B. BERNHOLZ <br /> GEOFFREY E.GLEDHILL Re: Wyndsong Subdivision <br /> DOUGLAS HARGRAVE <br /> G.NICHOLAS HERMAN <br /> KIM K.STEFFAN Dear Eddie: <br /> NATHANIEL E.CLEMENT <br /> MARILYN E.TOMEI <br /> JOE L. WEBSTER We received and reviewed a Preliminary Plan, <br /> TERRY G. HARN Restrictive Covenants and R to the <br /> JANET B. DUTTON MA pertaining <br /> REX T.SAVERY,JR. Wyndsong major subdivision proposal. Also included in <br /> Of counsel the materials sent to us for review was an Easement <br /> BONNER D.SAWYER recorded at Book 789 , Page 553, the grantees of which <br /> (1902-1972) easement are the Declarants in the road maintenance <br /> agreement. <br /> The Restrictive Covenants are generally <br /> acceptable, but need a few minor changes . In two <br /> places, the first paragraph on page 1 and the first <br /> line on page 2, the document recites that the <br /> subdivision has 16 lots . The preliminary plan shows <br /> only 15 lots . The number of lots can be stricken from <br /> the description using the form "all of the Lots . " At <br /> the top of page 2, the document restricts all lots to <br /> single family residential use. Lot 3, however, will be <br /> used for recreational purposes . Also, the document <br /> provides that "only one single family dwelling shall be <br /> built upon each of lots 4 through 16 . " Only one single <br /> dwelling may be built on each of Lots 1 and 2 as well, <br /> and the document should be revised to reflect this . <br /> The road maintenance agreement needs a few <br /> editing changes . First, the word "Agreement" should be <br /> deleted from the document's title. Also, in Article I, <br /> the property affected is described as "Lots 1 through <br /> 16" and the development appears to only contain 15 <br /> lots . A better description would be "Being all of the <br /> Lots . . . . " There is a substantive problem with the RMA <br /> in that a portion of Andante Drive is the easement <br /> conveyed to the Declarants by Thomas C. and Eleanor <br /> Williams . In the easement document, there is an error <br /> in the description: the last call, "South 61° 17 ' 01 " <br />