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Ordinance to Board of County Commissioners 1 1 <br />January 26, 2004 <br />*Amended 10/16/90 (eff.12/3/90) <br />*(2) Where a Final Plat shows a private road, an instrument <br />substantially in the form of the County's Standard Road <br />Maintenance Agreement entitled, "DECLARATION OF <br />RESTRICTIONS AND PROVISIONS FOR PRIVATE ROAD <br />MAINTENANCE", shall be recorded contemporaneously with <br />the recordation of the approved Final Plat which guarantees <br />(a) right of access to any private road in the subdivision by <br />all lots served by the road and by law enforcement and <br />emergency vehicles, (b) right of access for the proposed <br />private road to a State or municipally maintained road by <br />way of direct access or other private roads, (c) perpetual <br />maintenance for any private road serving the subdivision at <br />the standards set for approval, and (d) provide record notice <br />of the probability that future development dependent on the <br />private roads for access will require upgrading of the roads <br />to a higher private road standard or public dedication and <br />upgrading of the road to North Carolina Department of <br />Transportation standards. This instrument shall also note <br />acceptance by the owner of all liability related to the use of <br />the road, and agreement to hold both the County and State <br />harmless from such liability, and acknowledge that some <br />public services may not be provided due to the private <br />nature of the road. The guarantees of right of access and <br />maintenance of the subdivision roads shall run with the land <br />and shall be disclosed to any prospective purchaser of land <br />in the subdivision as provided in North Carolina General <br />Statutes Chapter 136- 102.6. Upon recordation the Deed <br />Book and Page Number of the recorded document shall be <br />referenced on the Final Plat. <br />Owner(s): Date: <br />(3) The following shall be printed on the final plat and shall be <br />followed by the signature of the County Manager: <br />"Orange County hereby accepts, for the use of the general <br />public, without maintenance responsibility, the offer of public <br />dedication of all public rights-of-way, public easements, <br />public streets, public recreation areas, public open space, <br />public utilities and other public improvements shown on this <br />plat." <br />County Manager: Date: