RESOLUTION OF THE CURRITUCK COUNTY BOARD OF COMMISSIONERS
AUTHORIZING DECLARATION OF WITHDRAWAL FROM PUBLIC DEDICATION
AND USE STREETS WITHIN SUBDIVISION OF OCEAN HILL, SECION 1

WHEREAS, pursuant to N.C. Gen. Stat. z136-96.2 a property owners association that
owns subdivision streets or segments of streets that meet criteria set forth in the aforesaid statute
may file in the office of the register of deeds where the streets are located a declaration
withdrawing any purported dedication to public use or offer of dedication to public use of such
streets and declaring such streets to be private; and

WHEREAS, the declaration withdrawing any purported dedication to public use or offer
of dedication to public use of such streets and declaring such streets to be private may not be
recorded unless it bears the signature of the clerk to the board of commissioners of the county
where the streets are located attesting to the adoption by the board of commissioners of a
resolution approving such declaration which resolution may be adopted by the board of
commissioners only upon a finding that each of the criteria set forth in the aforesaid statute exists
and with certain conditions as further provided by the aforesaid statute; and

WHEREAS, Ocean Hill I Property Owners Association, Inc. has petitioned the Currituck
County Board of Commissioners to adopt a resolution authorizing the clerk to the board of

commissioners to sign a declaration withdrawing streets and roads within Ocean Hill I
Subdivision in Corolla, North Carolina from public use; and
WHEREAS, in accordance with N.C. Gen. Stat. z136-96.2 the Currituck County Board
of Commissioners finds that:

(1) Ocean Hill I Subdivision is located entirely outside the corporate limits of any
municipality and is bounded on the east by the Atlantic Ocean as more
particularly shown on that plat entitled "Subdivision of Ocean Hill, Section 1,
Currituck County, North Carolina" dated April 11, 1978 recorded in Plat Cabinet
A, Pages 136 to 140 of the Currituck County Registry, (the "Plat").

(2) Subdivision of Ocean Hill, Section 1 was created by plat recorded on July 31,
1978 as appears on the Plat and is a date 30 years prior to the date on which a
declaration of withdrawal will be recorded.

(3) The Plat bears a certificate signed by the Currituck County Clerk and Chairman of
the Currituck County Board of Commissioners accepting on behalf of Currituck
County the dedication of the streets shown on the Plat.

(4) At least two-thirds of the total of all the streets shown on the Plat have been
paved, opened and used for vehicular traffic for a period of at least 25 years prior
the date on which a declaration of withdrawal will be recorded as shown by letter
from R.E. West, District Engineer of the North Carolina Department of
Transportation dated July 25, 1983 informing that streets within Subdivision of

Ocean Hill, Section 1 "meet the construction standards and specifications of the North Carolina Department of Transportation, Division of Highways" and "have been constructed and completed in a manner acceptable to said standards, requirements and specifications."

(5) The streets within Subdivision of Ocean Hill, Section 1 have only one means of ingress and egress intersecting with North Carolina Highway 12 (Ocean Trail), a state highway, as more particularly shown on the Plat.

(6) The streets within Subdivision of Ocean Hill, Section have never been maintained by Currituck County and Currituck County claims no interest in the streets to be withdrawn from public use.

(7) The North Carolina Department of Transportation has never maintained the streets or accepted the streets within Subdivision of Ocean Hill, Section 1 as shown by letter from Gretchen Byrum, P.E., District Engineer with the North Carolina Department of Transportation.

(8) The developer of Subdivision of Ocean Hill, Section 1, Ocean Hill Joint Venture, deeded the streets to Ocean Hill I Property Owners Association by deed dated March 24, 1993 and recorded in Book 362, Page 428 of the Currituck County Registry.

(9) The streets within Subdivision of Ocean Hill, Section 1 are, as represented by Ocean Hill I Property Owners Association, Inc., maintained by the property owners association and are insured by the property owners association as shown by the policy declaration issued by Travelers Indemnity Company for Ocean Hill I Property Owners Association under policy number ISF-CUP-0680Y253-IND-11 dated March 4, 2011.

(10) The Declaration of Withdrawal was approved by more than two-thirds vote of all members of the Ocean Hill I Property Owners Association, Inc. at a duly called meeting of the membership on July 24, 2011. NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners for Currituck County, North Carolina that:

Section 1. As provided herein, the Clerk to the Board of Commissioners is authorized to sign the declaration withdrawing the dedication to public use of streets within Subdivision of Ocean Hill, Section 1 as more particularly shown on that plat entitled "Subdivision of Ocean Hill, Section 1, Currituck County, North Carolina" dated April 11, 1978 recorded in Plat Cabinet A, Pages 136 to 140 of the Currituck County Registry, and known as Coral Lane, Pacific Avenue, Bismark Drive, Atlantic Avenue, Ionian Lane, Adriatic Avenue, and Tasman Drive.

Section 2. This resolution shall not apply to that portion of Coral Lane located on the west side of North Carolina Highway 12 (Ocean Trail) which is a segment of a street where withdrawal from public dedication would terminate all reasonable legal means of access to property adjacent to that portion of Coral Lane.

Section 3. No gate or other obstruction may be placed across any street or segment of streets within Subdivision of Ocean Hill, Section 1 unless approved by the Board of Commissioners for Currituck County upon a finding that other methods of preventing unauthorized parking or preserving public safety on the streets have proved inadequate.

Section 4. The Clerk to the Board of Commissioners shall sign the Declaration of Withdrawal only upon completion of the improvements to the streets within Subdivision of Ocean Hill, Section 1 in accordance with the plan submitted by Ocean Hill I Property Owners Association, Inc. prepared by Engineering Services, Inc., which plan is incorporated herein by reference, and upon certification by Engineering Services, Inc. and the Currituck County Engineer that the streets have been improved in accordance with said plan.

Section 5. The Declaration of Withdrawal shall not apply to public pedestrian access on, over, and upon the roads or easements within Subdivision of Ocean Hill, Section 1 as existed immediately before recordation of the Declaration of Withdrawal and any public utility use or facility located on, over, or under the road easement within Subdivision of Ocean Hill, Section 1 immediately prior to recordation of the Declaration of Withdrawal until Ocean Hill 1 Property Owners Association, Inc. or its successor pays to the utility involved, and the utility accepts, the reasonable cost of removing and relocating the facility.

Section 6. This resolution shall take effect upon its adoption.
This the 19th day of September, 2011.
_____________________________
O. Vance Aydlett, Jr., Chairman
Board of Commissioners

ATTEST:
_____________________________
Gwen H. Keene
Clerk to the Board of Commissioners
(COUNTY SEAL)