444 AND RESERVING UNTO THE SAID PARTIES of the first mart a right of way and easement for ingress and egress, in, to, through and over that roadway which runs along the southern line of the tract of land, (5 acres in are) hereinabove conveyed.
Together with all and singular the tonements, hereditaments and appurtenances thereunto Belonging, or in anywise appertaining.
TO HAVE AND TO HOLD said land unto the said parties of the second part and their heirs and assigns, in fee simple forever.
And the said parties of the first part, for themselves, their heirs, executors, and administrators do covenant to and with the said parties of the second part, their heirs and assigns, that they are seized in fee of the above granted and described premises, and have good right to sell and convey the same in fee simple%; that the same are free and clear from any andall encumbrances, and that they will and their heirs and executors and administrators shall WatinANT AND DEFEND title to the same against the lawful claims and demands of any and all persons whomsoever.
the IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands and seals this the day and year first above written.
U.S. Doc.Stamps NORTH CAROLINA NEW HANOVER COUNTY .
55 K. H. Benson Mary Lee P.Benson (seal) (seal) I, Valeria L. Williams a notary public in and for the State and county aforesaid, do hereby certify that K.H.Benson and wife, Mary Lee P.Penson, personally anneared before me and ench acknowledged the due execution of the foregoing instrument.
Witness my hand and notarial seal this the 12 day of February, 1955.
(notarial seal) My commission expires: Dec. 5, 1956 STATE OF NORTH CAROLINA NEW HANOVER COUNTY Valeria E. Williams Notary Public
t.
Witness my hand and notarial seal this the 12 day of February, 1955.
(notarial seal) My commission expires: Dec. 5, 1956 STATE OF NORTH CAROLINA NEW HANOVER COUNTY Valeria E. Williams Notary Public The foregoing certificate of Valeria E. Williams, notary public of New Hanover County is adjudged to be correct. Let the instrument with the certificate be recorded. This the 12 day of February, 1955.
Received and recorded Feb. 12,1955 at 11:55 A.M. and verified.
Register of Deeds ……………………………… C. R. COU. CIL, ET AL DECLARATION OF RESTRICTIONS COUNCIL H..IGHTS : NORTH CAROLINA Foster Edwards Clerk Superior Court : NEW HANOVER COUNTY KNOW ALL MEN BY THESE PRESENTS: TH.T C. K.
Council and wife, Adona R.Council, of the County of New Hanover and State of North Carolina, the present owners of all lots in "Council Heights" do hereby covenant and agre to and with all persons, firms or corporations now owning or hereafter acquiring any property in the area hereinafter described that all the lots numbered one through thirty five (1-35) inclusive, shown uron the map of that certain subdivision known s "Council Heights, which is recorded in the office of the Register of Deeds of New Hanover County, North Carolina, in an book 5, page 120, and now owned by the subscribers hereto, are hereby subjected to the following restrictions as to the use thereof, running with si properties by whomsoever owned, to wit: 1. All lots in this tract shall be known and designated as residential lots. No structures shall be erected, altered, placed, or permitted to remain on any lot other than dwelling units not to exceed two andone half stories in height and a private garage for not more than two cars, and other outbuildings incidental to residential use of the plot.
on any lot other than dwelling units not to exceed two andone half stories in height and a private garage for not more than two cars, and other outbuildings incidental to residential use of the plot.
2. No building shall be located on any lot nearer then fifty (50) feet from the front lot line nor nearer then twelve (12) feet to any side lot line, except on Lot 1, which plot plan shall be approved by the developer.
3. No residence shall be permitted on ony lot which has a ground floor area of the main structure, exclusive of onen porches or garages, of less than eight-hundred and fifty (850) square feet on the plans for said residence must be approved by the developers.
4. No trailer, tent basement, shack, barn, or other outbuildings erected on any lot shall at any time be used as a residence, tem orarily or a rmanently, nor shall any structure of a temporary character be used for a residence, However, this shall not prohibit the building of a garage apartment after the main building has been completed.
5. No noxious or offensive trace or activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
6. Until municipal sewerage is available sewage shall be disposed of by septic tanks, approved Health.
by the North Carolina State Board of 7. No animals may be kept or housed on said property pets and fowl for family use only.
except cats and dogs as family 8. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them, for a neriod of twenty five (5) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (
s claiming under them, for a neriod of twenty five (5) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten ( 10) years each unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
9. Invalidation of any one of there covenants by judgment or court order or otherwire shall in no wise affect any of the other provisions, which shall remain in full force and effect.
10. all previous restrictions heretofore imposed on any port of raid property, in conflict with the above restrictions, are hereby declared mill and void, and the above restrictions shall be solely controlling.