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Dppffq <br />The subdivision is in a rural portion of the Cane <br />Creek Protected Watershed. The right -of -way for <br />Simmons Lane was offered for public dedication <br />lest year according to a recorded road <br />maintenance agreement; however, due to the nature <br />and location of the 5 homes which access the <br />road,'it may not be eligible for State <br />maintenance. Lot sizes are larger than the <br />minimum required. The lots in this subdivision <br />cannot be further subdivided due to a lack of <br />soils suitable for sewage disposal. The Planning <br />Staff recommends that the County accept the <br />right -of -way of Simmons Lane for public use, <br />although the road will remain privately <br />maintained. The first 465 feet of the road have <br />been upgraded to Class A private road standards. <br />Considering that an offer of public dedication is <br />already on record, but NCDOT may not accept the <br />portion of Simmons Lane adjacent to the Smith <br />property, a road built to Class A standards and <br />privately maintained is appropriate. The <br />Resolution of Approval contains provisions <br />directing the County Manager to accept the right - <br />of -way for Simmons Lane for public use without <br />maintenance responsibility. <br />The concept plan for the Property of Harold P. <br />Smith was approved by the Planning Board on <br />December 18, 1989, with a Class A private road <br />and the following conditions: <br />1. On the preliminary plan, indicate a Type A <br />Land Use Buffer along the right -of -way for <br />Buckhorn Road (SR 1114). <br />2. Submit a septic easement agreement for review <br />and approval by the Division of Environmental <br />Health and the County Attorney. <br />3. Submit an addendum to the Existing Road <br />Maintenance Agreement recorded at Deed Book <br />765, Pages 248 -251 to require that Simmons <br />Lane be maintained to Class A standards and <br />upgraded in the future if required by Orange <br />County as a condition of approval of any <br />further subdivision of property subject to <br />the agreement. <br />The septic easement shown on the concept plan wa; <br />included in the lot area for Lot 1 -A on the <br />preliminary plan, so that each lot will have a <br />separate area for sewage disposal. <br />i <br />J <br />