BOOK 21 PAGE 1433 STATE OF NORTH CAROLINA 1598 DECLARATION OF COUNTY OF NEW HANOVER 22 REGISTER OF DEEDS NEW HANOVER CO. NC Oct 14 3 17 PN *88 CLARATION OF RESTRICTIONS DUTCH SQUARE INDUSTRIAL PARK 14th day of October Carolina _, 1988, corporation, THIS DECLARATION, made this by LANDMARK ORGANIZATION, INC., hereinafter called "DECLARANT"; a North WITNESSETH: THAT WHEREAS, DECLARANT is the Owner land located in Harnett Township, New of certain tracts of Hanover County, North Carolina and more particularly described in those certain deeds Ltd., as reflected upon the reference to which is to DECLARANT from public records of hereby made; and Dutch Square, New Hanover County, I[ཀ 54 is desirous of parts WHEREAS, certain portions of said land is zoned for industrial use and DECLARANT subjecting certain thereof to the protective covenants and restrictions hereinafter set forth, each of which is for the use and benefit of such property subjected hereto and for each Owner thereof, and shall inure to the benefit of and pass and run with such land, and shall apply to and bind all Owners of tracts subjected to these Restrictions and their successors in interest.
PROVIDED, HOWEVER, THAT NO PART OF THE LANDS REFERRED TO HEREIN SHALL BE SUBJECTED TO THIS DECLARATION OF RESTRICTIONS UNLESS THE DECLARANT, IN ITS DEED OF CONVEYANCE TO THE ORIGINAL PURCHASERS THEREOF SPECIFICALLY SUBJECTS THE LANDS THEREIN CONVEYED TO THIS DECLARATION OF RESTRICTIONS BY PLACING UPON SAID DEED OF CONVEYANCE LANGUAGE SUBSTANTIALLY AS FOLLOWS: "THE LANDS HEREIN CONVEYED ARE HEREBY MADE SUBJECT TO THAT DECLARATION RESTRICTIONS FOR DUTCH SQUARE INDUSTRIAL PARK AS RECORDED IN BOOK 1433, AT PAGE 1590 OF THE NEW HANOVER COUNTY REGISTRY."
OF NOW, THEREFORE, the DECLARANT hereby declares that lands
O THAT DECLARATION RESTRICTIONS FOR DUTCH SQUARE INDUSTRIAL PARK AS RECORDED IN BOOK 1433, AT PAGE 1590 OF THE NEW HANOVER COUNTY REGISTRY."
OF NOW, THEREFORE, the DECLARANT hereby declares that lands subjected hereto are and shall be held, transferred, sold and conveyed subject to the protective covenants and restrictions set forth below.
1.
Unless the context otherwise specifies or requires, the 139157 RETURNED TO In Ja RYALS, JACKSON & MILLS WILMINGTON. NORTH CAROLINA 28402-0147 BOOK PAGE 1433 1591 terms defined in this paragraph shall, for all purposes of this Declaration, have the meanings specified: A. Declarant: shall mean LANDMARK INC., together with its successors and assigns.
ORGANIZATION, B.
Owner: or corporation legally portion of the property defined herein.
shall mean any person, firm, partnership owning a fee simple interest in any subjected hereto, including tenants, as C.
Tenant: shall mean a person, firm, partnership or corporation legally possessing a leasehold interest in any portion of the property subjected hereto or improvements thereon.
D. Property: shall mean any and all real property subjected hereto in the manner hereinabove described.
together E. Building: shall mean and include the main portion of a structure built for permanent use on the property, with all projections and extensions thereof, limited to garages, outside platforms and canopies, shelters, storage areas and porches.
including but not docks, carports, F. Improvements: shall mean and include, without limitation, buildings, outbuildings, roads, driveways, parking areas, fences, retaining walls, screening walls, signs, loading areas, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, poles and all other structures or landscaping.
s, parking areas, fences, retaining walls, screening walls, signs, loading areas, stairs, decks, hedges, windbreaks, plantings, planted trees and shrubs, poles and all other structures or landscaping.
Shall: The word "shall" wherever used herein, G.
shall always be mandatory and never discretionary.
2.
3.
for All property subjected hereto shall be used industrial, office, commercial or warehousing purposes only.
No property subjected hereto may at any time be for the manufacture, storage, distribution or sale of any products or items which shall constitute an unusual hazard to the used environment or adjoining properties, or for any business which constitutes a nuisance or causes the emission of gases or odors injurious to persons or property, or for any violation of the laws of the United States, Carolina or New Hanover County.
purpose or use in the State of North 2 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BUCH PAGE 4.
a.
All building 33 1592 must meet the codes for the State of North Carolina and Hanover applicable thereto.
requirements of the the County of New b. All buildings shall be constructed to have a minimum setback of fifty (50') feet from any street right of to the face of the building.
way Notwithstanding the foregoing, lots of less than two hundred fifty (250') feet in depth shall have a minimum setback of thirty (30') feet unless specifically approved in writing by the DECLARANT.
c. All buildings shall be constructed to have a minimum setback of fifteen (15') feet from any property line (other than a street right of way) to the face of the building.
5. THE FOLLOWING ITEMS SHALL BE SUBMITTED TO DECLARANT FOR APPROVAL THEREOF SHALL BE RECEIVED FROM DECLARANT REVIEW AND PRIOR TO ANY CONSTRUCTION OR IMPROVEMENTS TO THE PROPERTY: a.
e of the building.
5. THE FOLLOWING ITEMS SHALL BE SUBMITTED TO DECLARANT FOR APPROVAL THEREOF SHALL BE RECEIVED FROM DECLARANT REVIEW AND PRIOR TO ANY CONSTRUCTION OR IMPROVEMENTS TO THE PROPERTY: a.
Land Plan following: for the property, including the (1) Location and orientation of structure Circulation (2) (a) Traffic flow and parking (b) Loading areas (c) Service areas (3) Landscape and planting plan (b) Site Engineering Plan for the property (c) Architectural Plans for the property including the following: (1) Building Plans (2) Elevations (3) Specifications (4) Signs (5) Exterior Lighting (6) Dumpster location and screening No out-buildings of temporary or permanent character shall be built or allowed to remain on the property unless specifically approved by DECLARANT.
3 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 AGE 1433 1593 Loading docks shall be set back and located to minimize the effect of their appearance erty.
DECLARANT may require screening.
from neighboring will be concealed prop6. Garbage and refuse containers and contained within buildings, or shall be concealed by means of a screening wall or material similar to and compatible with that of the building. These elements shall be integral with the concept of the building plan, be designed so as not to attract attention, and shall be located in the most inconspicuous manner possible.
Unless specifically approved by DECLARANT no materials, supplies or equipment shall be stored on the property except inside a closed building. No outside storage or displays shall be allowed on the property unless specifically approved in writing by DECLARANT.
7. All secondary power lines and any site shall be placed underground communication lines on and no portion of any line
be allowed on the property unless specifically approved in writing by DECLARANT.
7. All secondary power lines and any site shall be placed underground communication lines on and no portion of any line shall be situated so as to be in public view unless specifically approved by DECLARANT.
8.
a. All parking areas, driveways and roads must be paved and must meet the requirements of the respective codes for the County of New Hanover applicable thereto. Variances from this requirement may be made with specific written permission DECLARANT.
of b. All parking areas and driveways shall be constructed to have a minimum setback of ten (10') feet from any street right of way.
C. All parking areas and driveways shall be constructed to have a minimum setback of three (3') feet from any property line other than a street right of way.
d. Loading areas shall not encroach into setback areas or be visible from any street unless approved by DECLARANT.
9. Lots may be combined and lot lines altered with apLots may be subdivided in order to create approval in wirting from DECLARANT. Notforegoing, the DECLARANT or its assigns may proval from DECLARANT.
additional lots with withstanding the 4 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 20402-0147 BOOK PAGE 1433 159reate additional lots.
combine lots, alter lot lines 10. In no event shall more than sixty (60%) percent of area of any lot may be covered by buildings.
the 11. PROPERTY OWNERS SUBJECTED HERETO SHALL AT ALL TIMES KEEP THEIR PROPERTY AND THE BUILDINGS, IMPROVEMENTS AND APPURTENANCES THEREON IN A SAFE, CLEAN AND WHOLESOME CONDITION AND COMPLY IN ALL RESPECTS WITH GOVERNMENT HEALTH AND POLICE REQUIREMENTS. FURTHER, PROPERTY OWNERS SHALL REMOVE, AT THEIR OWN EXPENSE SUCH RUBBISH OF ANY CHARACTER WHATSOEVER WHICH MAY
ME CONDITION AND COMPLY IN ALL RESPECTS WITH GOVERNMENT HEALTH AND POLICE REQUIREMENTS. FURTHER, PROPERTY OWNERS SHALL REMOVE, AT THEIR OWN EXPENSE SUCH RUBBISH OF ANY CHARACTER WHATSOEVER WHICH MAY ACCUMULATE ON HIS PROPERTY.
IN THE EVENT ANY OWNER OR LESSEE OF ANY PROPERTY SUBJECTED HERETO, FAILS TO KEEP GRASS AND WEEDS CUT ON HIS PROPERTY, DECLARANT MAY HAVE THE GRASS OR WEEDS CUT AND CHARGE SUCH EXPENSES TO THE OWNER OR LESSEE.
12. No mast or tower for an antenna, whether receiving, or both, shall be placed on unless specifically approved by DECLARANT.
antenna have a wooden mast or tower.
transmitting, any site or building In no event shall an 13. No storage tanks, including but not limited to those used for storage of water or propane gas, shall be permitted on the property] except as specifically approved by DECLARANT.
14. No mailboxes shall be permitted on the property except as specifically approved by DECLARANT.
by 15. All street and site lighting shall be approved DECLARANT. Owner will be obligated for monthly light and maintenance bills for any street lights on its land or adjacent street right of way.
16. No damaged vehicles shall be parked or stored in open areas of the property. Delivery vehicles (trucks, trailers, and/or vans) shall not be allowed to remain in the parking area located in front of any building for extended periods of time.
No on-street parking shall be allowed by any firm or business.
landscaped according to plans approved by DECLARANT within ninety (90) days following occupancy 17. All property shall be 5 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 or completion BOOK PAGE 1433 1595 of the building whichever first occurs.
All kept other shrubs, trees, grass and plantings of every kind shall be
JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 or completion BOOK PAGE 1433 1595 of the building whichever first occurs.
All kept other shrubs, trees, grass and plantings of every kind shall be neatly trimmed, properly cultivated and free of trash and unsightly material. Appropriate provisions shall be provided by Owner for watering and other maintenance of the grounds.
18.
No livestock and/or poultry shall be allowed either temporarily or permanently on any property subject hereto.
used in 19. Hobbies or activities that tend to detract from the aesthetic character of the property and improvements connection with such hobbies or activities shall not be permitted in open areas unless carried out or constructed as directed by DECLARANT. This paragraph is intended to include, but not be limited to, such activities as automotive repair, boat repair and sports equipment placed on the property.
20. All signs for advertising or otherwise must be approved by DECLARANT.
21. No improvement on the property shall be used for shopping center and/or retail food sales without the approval of DECLARANT.
22. The property shall not be used in any manner to explore for or to use any oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance or other mineral of any kind.
23.
The rights and duties granted DECLARANT herein may be assigned and/or delegated at a later date to a Committee appointed by the DECLARANT.
24. During reasonable hours, DECLARANT and any member of any future Committee or any authorized representative of either of them shall have the right to enter upon and inspect any building or other improvement of the property for the purpose of ascertaining whether or not the provisions of these covenants and
of either of them shall have the right to enter upon and inspect any building or other improvement of the property for the purpose of ascertaining whether or not the provisions of these covenants and agreements have been or are being complied with and such persons shall not be deemed guilty of trespassing by reason of such entry.
6 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOUN 1433 PAGE 1596 25. All property Owners subjected hereto must at all times maintain and keep open the drainage ditches if any, running along the boundaries of their properties, to their original construction depth, and comply with the requirements of the New Hanover County Board of Health.
be re26. a. Whenever required herein approval shall quested by Owner by submitting the same in writing to DECLARANT at 4000 Oleander Drive, Wilmington, North Carolina, 28403, or at such other place as shall be from time to time designated by DECLARANT. Approval shall not be considered granted unless specifically given in writing by DECLARANT.
in b. Neither DECLARANT nor its successors or assigns, shall be liable in damages to Owner by reason of mistakes judgment, negligence, or non-feasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person who submits plans to DECLARANT agrees that by submission thereof, that he will not bring any action or suit against DECLARANT to recover any such damages.
27. a.
all The covenants and restrictions contained herein are to run with the land and shall be binding on Owner and persons claiming under them for a period of thirty-five (35) instrument waived, years from the date of recording. DECLARANT reserves the right to waive minor violations of these restrictions by an
and persons claiming under them for a period of thirty-five (35) instrument waived, years from the date of recording. DECLARANT reserves the right to waive minor violations of these restrictions by an in writing specifying and describing the violation without the joinder of any party.
property is and shall be conclusively and agreed to every covenant and b. Every Owner or person who now or hereafter owns or acquires any rights, title or estate in any portion of the deemed to have consented restriction contained herein in whether or not reference to this Declaration is contained in the instrument by which such Owner or person acquired an interest said property.
28. The DECLARANT, its successors or assigns, or any owner of any property made subject to these Restrictions may bring an action in law or in equity to enforce compliance with these 7 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1433 1 597 Restrictions, but have any liability at law or in equity to owner or lessee of any third owner or neither DECLARANT nor any other owner shall any other property any property for failure to enforce lessee the Restrictions against contained herein.
These Restrictions shall be binding upon and inure to the benefit of the successors, assigns, lessees, heirs and grantees of the parties hereto.
ANY VIOLATOR SHALL PAY TO THE PERSON SEEKING ENFORCECOSTS OF COURT, REASONABLE MENT OF THE .
PROVISIONS HEREOF, TORNEYS FEES. AND OTHER COSTS ATINCURRED IN SEEKING SUCH ENFORCEMENT.
be construed as an agreement by assigns to impose these or any 29. Nothing herein shall DECLARANT, its successors and other restrictions on any other property, it being understood and agreed that DECLARANT, its successors and assigns may include
pose these or any 29. Nothing herein shall DECLARANT, its successors and other restrictions on any other property, it being understood and agreed that DECLARANT, its successors and assigns may include exclude other property owned by it or to be acquired by it in the vicinity of Dutch Square Industrial Park.
30. Invalidity of any one of the covenants or or any part or restrictions thereof by judgment or court order shall no wise affect any other provision hereof.
31. DECLARANT specifically reserves the right to amend, add to, alter, delete or change any part of, or all of, the foregoing restrictive covenants by filing in the office of the Register of Deeds of New Hanover County, Declaration(s) of Amendment(s) to Restrictive Covenants for the property on or before January 1, 1992.
IN TESTIMONY WHEREOF, DECLARANT has caused this instrument to be executed and sealed in its corporate name by its President all on the day and year first and attested by its Secretary, above written.
ATTEST: Asistant Secretary (AFFIX CORPORATE SEAL) LANDMARK ORGANIZATION, INC.
By: B.
8 VICE LANDMARK President ORGANIZA COR ATION" RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 NORTH PAROLINA STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Dale B. Covil BOOK PAGE 1433 1598 County of Pender and State a Notary Public of the aforesaid, do hereby certify that SANDY D. WOOD.
personally came before me this day and acknowledged that he/she LANDMARK ORGANIZATION, INC., and is Assistant Secretary of that, by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal, and attested by himself/herself as its Assistant Secretary.
WITNESS my hand and notarial seal this 14th day of October 1988.
s signed in its name by its Vice President, sealed with its corporate seal, and attested by himself/herself as its Assistant Secretary.
WITNESS my hand and notarial seal this 14th day of October 1988.
Dare B. Coul Notary Public My Commission Expires: March 16, 1991 (AFFIX NOTARIAL SEALS DALE B.
COVIL NOTARY PUBLIC PENDER NC COUNTY.
/DUTCH RESTRICT RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificate of Dale B. Covil.
Notary Public.
is certified to be correct.
This the 14 day of Oct. 19 88 By Rebecca P. Tucker, Register of Deeds Phyllis ou Depute