2007003018 FOR REGISTRATION REGISTER OF DEEDS REBECCA P. SMITH NEW HANOVER COUNTY, NC INSTRUMENT # 2007003018 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DIVISION OF BARBARA GURGANUS LOT 1 AND DIVISION OF C.N. DUNN PORTION OF TRACT 6 Prepared By And Return To J. C. Hearne, II THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Barbara Gurganus Division and C.N. Dunn Place Division (the "Declaration") made as of the 18th day of January, 2007, by Claud O'Shields and wife, Judy A. O'Shields company (hereinafter referred to as "Declarant”).
WITNESSETH: WHEREAS, Declarant is the owner of that certain real property comprising that residential subdivision known as, Lot 1 of the Barbara Gurganus Division and the Division of a portion of Tract 6, C.N. Dunn Place, and as more particularly described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Declarant desires to insure the attractiveness of the Property and to preserve the values and amenities thereof; to establish a general plan of development as herein set out; to restrict the use and occupancy of the Property; NOW, THEREFORE, Declarant hereby declares that the Lots (as defined below) and other property comprising the Property shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions and easements set forth in this Declaration which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Property and be binding on all parties owning any right, title, or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION
right, title, or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
ARTICLE I PROPERTY SUBJECT TO THIS DECLARATION ADDITIONS THERETO Section 1. Existing Property. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration, irrespective of whether there may be additions thereto as hereinafter provided, is located in New Hanover County, North Carolina, and is more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Existing Property”).
ARTICLE II RESTRICTIONS ON USE AND OCCUPANCY 1. All lots are intended for residential use and shall be used for single family residences only.
No Structure shall be erected, placed, altered or permitted to remain on any lot other than one detached single family dwelling not to exceed 2 ½ stories in height and such outbuildings as are usually accessory to a single family residence dwelling; including a private enclosed detached garage with a second story for guest and or servants' quarters which garage shall not be rented separately for remuneration. Any such appurtenant building must be constructed of the same type materials, the same quality of construction, the same or similar style and with the same exterior surface color as the original dwelling on the lot. The floor of said appurtenant structure shall be concrete. No such appurtenant structure shall be built in front on any of the lots.
2. No house trailer, mobile home, tent, shack or temporary structure of any nature shall be located on any lot or used at any time as a residence, temporarily or permanently. No outside toilets,
lots.
2. No house trailer, mobile home, tent, shack or temporary structure of any nature shall be located on any lot or used at any time as a residence, temporarily or permanently. No outside toilets, privy, surface closets or the like shall be maintained on any lot, except that portable sanitary toilets may be located on the lots during the course of construction.
3. No illegal, noxious or offensive trade, activity or condition shall be permitted, carried on or maintained on any lot or part of any lot, no shall any use be made of any portion of said property which may be or become an annoyance or nuisance to the neighborhood or to any lot owner in the subdivision.
4. No animals, horses, livestock or poultry of any kind shall be raised, bred, kept or maintained on any lot except for dogs, cats and other household pets. Notwithstanding the foregoing, no dogs, cats, or other household pets may be kept, bred, or maintained for any commercial purposes.
5. Unsightly, inoperative, stripped or junked motor vehicles, boats, utility trailers or the like cannot be maintained or stored on the property.
6. All boats, boat trailers and recreational vehicles shall be stored behind the rear of the house on each lot and shall be otherwise screened from view.
7. No trash, ashes, garbage, rubbish or other refuse shall be dumped, stored or permitted to accumulate on any lot or other area. Each lot owner shall provide receptacles for garbage in a screened area on his lot not generally visible from any street, road or access easement in the 2 subdivision.
8. Any dwelling or improvement on any lot which is destroyed in whole or in part by fire or other casualty must be rebuilt to a minium heated square footage greater than 1250 square feet or all
ision.
8. Any dwelling or improvement on any lot which is destroyed in whole or in part by fire or other casualty must be rebuilt to a minium heated square footage greater than 1250 square feet or all debris shall be removed and the lot restored to a sightly condition in a reasonable period of time.
Provided, however that in no event shall such debris remain on such lot longer than 60 days from the date of destruction or casualty.
9. No sign (excluding typical "for sale" and builder identification signs) billboard or other advertising structure of any kind may be erected or maintained upon any lot.
10. All dwelling connections for all utilities including but no limited to water, electricity, as, telephone and television shall be run underground from the property connecting points to the dwelling structure in such a manner as may be acceptable to the appropriate utility authority.
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Claud O'Shields Judy A. O'Shields T s I, ERK D Datth a Notary Public of the aforesaid County and State, do hereby certify that Claud O'Shields and Judy A. O'Shields personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal, this the 18 day of January, 2007.
My Commission Expires: (AFFIX SEAL) 8.27-11 Eric D. Dattler Notary Public New Hanover County, NC My Commission Expires 8-27-11 3 -Tecauxg uossเพพo An ON Кипор Јалоиен Man EXHIBIT "A" BEING all of Lots 1A and 1B as shown on map entitled “Lot 1 of the Barbara Gurganus Division" recorded in Book 47 Page 76 New Hanover County Registry BEING all of Lots 2A and 2B as shown on map entitled "Survey & Divide portion of Tract 6, C.N. Dunn Place" recorded in Book 37 Page 55 New Hanover County Registry.
HANOVER NEW
ounty Registry BEING all of Lots 2A and 2B as shown on map entitled "Survey & Divide portion of Tract 6, C.N. Dunn Place" recorded in Book 37 Page 55 New Hanover County Registry.
HANOVER NEW STATE OF COUNTY NORTH CAROLINA REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: Book: Document No.: 01/19/2007 04:33:42 PM RE 5131 Page: 1883-1887 2007003018 DECL 5 PGS $23.00 Recorder: WARD, LIESEL State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
2007003018