STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK 712 PAGE 535 DECLARATION WHEREAS, the undersigned are the owners of, or the holders of encumbrances on, all of that tract of land known as Englewood Subdivision as the same is shown on a map recorded in Map Book 8 at Page 17 in the Office of the Register of Deeds of New Hanover County, ing all of Lots 1 through 40 as shown on said map; and includWHEREAS, all of the lots in Englewood Subdivision are subject to those restrictive covenants contained in a Declaration of Restrictions which is recorded in Book 724 at Page 246 in the Office of the Register of Deeds of New Hanover County; and WHEREAS, items one and two of said Declaration of Restrictions provide as follows: "1.
No lot or lots shall be put to any use other than for residential purposes . No portion of any lot or lots shall be used for a roadway, either public or private, except that a portion of any lot may be used as a driveway incidental to the normal use of such lot for residential purposes, with the sole exception of Lots 18, and 19 which, due to their nature and location shall be left unrestricted and Lot 29, which may be used either for residential purposes or for use as a public or private street or roadway, but for no other purposes.
2. No building shall be erected, altered, placed upon or permitted to remain on any lot other than one detached single family dwelling not to exceed two stories in height, and a private garage for not more than two cars.
No such garage shall be more than one story in height and shall never be used for living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so-called "garage apartments" on any lots is expressly prohibited."
e used for living quarters of any kind, either for guests, members of the family or servants, and the construction or maintenance of so-called "garage apartments" on any lots is expressly prohibited."
AND, WHEREAS, The Wesleyan Methodist Church desires to acquire Lots 35 and 36 of Englewood Subdivision and use the same for church and/or church school purposes ; and WHEREAS, the undersigned desire to release said Lots 35 and 36 of Englewood Subdivision from items one and two of the said Declaration of Restrictions set out above, and in lieu thereof restrict the use of sald lots to residential , church, and/or church school purposes only.
IT IS NOW, THEREFORE, mutually agreed by the undersigned that Lots 35 and 36 of Englewood Subdivision as the same are shown on a map recorded in Map Book 8 at Page 17 in the Office of the Register of Deeds of New Hanover County be and the same are hereby released from items one and two of those restrictive covenants contained in a Declaration of Restrictions recorded in Book 724 at Page 246 in the Office of the Register of Deeds of New Hanover County, and said items one and two of said restrictive covenants shall no longer apply to said lots.
IT IS FURTHER AGREED by the undersigned, in consideration of the mutual covenants and agreements herein entered into between them, that in lieu of said items one and two of said Declaration of Restrictions, which is hereinabove released as to them, said Lots 35 and 36 of Englewood Subdivision as the same are shown on map recorded in Map Book 8 at Page 17 in the Office of the Register of Deeds of New Hanover County shall be subject to the following restrictive covenant: "Lots 35 and 36 of Englewood Subdivision shall not be put to any use other than for
in the Office of the Register of Deeds of New Hanover County shall be subject to the following restrictive covenant: "Lots 35 and 36 of Englewood Subdivision shall not be put to any use other than for residential, church, and/or church school purposes and such driveways incidental to the use of such lots for such purposes.
IT IS FURTHER UNDERSTOOD AND AGREED that except for the change made in items one and two as herein expressly set out all other restrictive covenants set out in that Declaration of Restrictions recorded in Book 724 at Page 246 in the Office of the Register of Deeds of New Hanover County are unmodified and remain in full force and effect as to these lots and all other lots in said subdivision.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals, this the 7th day of March, 1966.
WITNESS: Earl Ewacker WITNESS: Earl E. Walker WITNESS: Earl E. Walker BOOK 712 PAGE 536 D.
Lain L Christophe B 2 WITNESS: Earl E. Walker Roep whiteކ (SEAL) ✓ (SEAL) (SEAL) (SEAL) Hawty B. Bell ✓ (SEAL) WITNESS: Earl E. Walker WITNESS: Eat Walto Mrs Crd Kanton WITNESS: Earl E. Walker Mourse Earl & Walku WITNESS: WITNESS: Earl Walker Mrs Helen Ferris (SEAL) (SEAL) (SEAL) (SEAL) WITNESS: WITNESS: WITNESS: WITNESS: WITNESS: WITNESS: WITNESS: WITNESS: Earl walk Mr Arnold Jer's ✓ (SEAL) Earl walker Word, Jr. ✓ (SEAL) Earl & Walker Grace & Sm ✓ (SEAL) M. Salee ✓ (SEAL) Earl & Walker William M.
Earl & Walker Mrs. Wellin 271.
Earl E. Walku Mrs. M. J. John Earl & Walker Maure 7 tal ✓ SEAL) ✓ (SEAL) (SEAL) Earl E. Walker Mildred Costin (Widow) (SEAL) WITNESS: Earl E. Walker dop (SEAL) WITNESS: Earl & walker Dr.
nelli P. Rogers ✓ (SEAL) WITNESS: Earl E. Walker c.
(SEAL) WITNESS: Earl E. wolker WITNESS: WITNESS TTENT: Mrs. Shirley S. Nam (SEAL)
EAL) WITNESS: Earl E. Walker dop (SEAL) WITNESS: Earl & walker Dr.
nelli P. Rogers ✓ (SEAL) WITNESS: Earl E. Walker c.
(SEAL) WITNESS: Earl E. wolker WITNESS: WITNESS TTENT: Mrs. Shirley S. Nam (SEAL) Earl & Walker Mrs. Frances Collins ✓ (SEAL) "Earl E. Walker Colling tary Matto (SEAL) By: by.
.. ✓ (SEAL) G. Dudley Humpling Muster (SEAL) 1 WITNESS: Wim WITNESS.
BOOK 712 PAGE 537.
wm. Phillippe du Ma Me (SE Phillipse Jr. Earl E. Walker Phillippin WITNESS: Wm.
WITNESS: Earl walk WITNESS: Earl Ewalker WITNESS: (SEAL) (SEAL) mes. Earl Washer (SEAL) Me Bathsta (SEAL) W (SEAL) Earl Walker M (SEAL) WITNESS: Walker سے {SEAL) WITNESS: Earl E. Walker m Mes ✓ (SEAL) WITNESS: Earl E. Walkin De Long (SEAL) WITNESS!
Ear & Walker WITNESS: Earl E. Walker WITNESS: WITNESS: & Earl Wolken my 10. All Earl E. B Ms. GC. Long .. alark _ (SEAL) ✓ (SEAL) (SEAL) (SEAL) Earl E. Walker Traci Bu (SEAL) WITNESS: WITNESS: Earl E. Walker Douglas & Hardwick (SEAL) E Earl E. Walker Virginia a Hardwick WITNESS: WITNESS Earl E, Walker WITNESS: Earl Ewalker LOA :V.M. Phillippe Sr.
WITNESS: WITNESS: WITNESS WITNESS SSOCI ecretary WITNESS: W.
WITNESS: W.m.
1. S. cod (SEAL) (SEAL) Rebert ECalder TRUSTEE (MURAL) H (SEAL) Joe D. Can Sustee (SEAL) CAROLINA SAVINGS & LOAN ASSOCIATION Byx Ex 4. President Prissique de fanny jame ✓ (SEAL) ✓ (SEAL) (SEAL) Phillip Dr. Lalin Jones/ Philliq tanline Harrell ✓ (SEAL) BOOK 712 PAGE 538 Wism Phillipal Dr.
W. M. Phillippe, Sr.
STATE OF NORTH CAROLINA $ t COUNTY OF NEW HANOVER I, Jane 21 Com , a Notary Public in and for the State and County aforesaid, certify that W. M. Phillippe, Sr.
personally appeared before me this day, and being duly sworn, stated that in his presence Earl E. Walker and Mrs. Earl Walker signed and
e State and County aforesaid, certify that W. M. Phillippe, Sr.
personally appeared before me this day, and being duly sworn, stated that in his presence Earl E. Walker and Mrs. Earl Walker signed and acknowledged the execution of the foregoing instrument.
Witness my hand and Notarial Seal, this the 7th day of 1001966 NOTARY PUBLIC comion expires: 2/6/67 Jane H.
Notary Public Earl Walku Earl E. Walker STATE OF NORTH CAROLINA : : COUNTY OF NEW HANOVER I, a ✓ a Notary Public in and for the State and County aforesaid, certify that Earl E. Walker personally appeared before me this day, and being duly sworn, stated that in his presence Richard D. Christopher and wife, Lois L. Christopher, Ralph L. White, Betty W. White, Mrs. Dorothy B. Bell, Widow, John S. Monroe, Jr., Mrs. John S. Monroe, Jr., Mrs. Helen Ferris, Mr.
Arnold Ferris, Woodrow W. Smith, Jr., Grace F. Smith, William M.
Saleeby, Mrs. William M. Saleeby, Mrs. M. F. Johnson, Monroe F.
Johnson, Mildred S. Costin (Widow), W. C. Rogers, Mrs. Nellie P.
Rogers, Willie C. Norris, Mrs. Shirley S. Norris, Mrs. Frances Collins, John D. Collins, Mr. Battista Peconie, William Clark Lee, Mrs. Wm.
Clark Lee, Mrs. N. S. Wood, Mrs. Anna Peconie, G. C. Long, Mrs. G. C.
Long, J. W. Allard, Mrs. J. W. Allard, Belle Brown, Travis Brown, Douglas E. Hardwick, Virginia A. Hardwick, A. H. Harrell, and N. S.
Wood, personally signed and acknowledged the execution of the foregoing instrument.
Witness my hand and Notarial Seal, this the 7 day of March, 1966.
My commission expires: Stack.
Tile F. Site August 26, 1966 Notary Public อาย BOOK 712 PACE 539 : STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, for the state and County aforesaid, certify that Yinal mat a Notary Public in and personally came before me this day and
Public อาย BOOK 712 PACE 539 : STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, for the state and County aforesaid, certify that Yinal mat a Notary Public in and personally came before me this day and acknowledged that he is Secretary of PEOPLES SAVINGS AND LOAN ASSOCIATION, a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument Signed in its name by its President, sealed with its Corporate and attested by Line Batt as its Secretary.
March 睿 WITNESS my hand and Official Seal, this the 7th day of 11, AugucX 5, 1966 Plak Notary Public My commission expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER : : 11, Hewlett I, Carolyn J. Raynor a Notary Public in and for the State and County aforesaid, certify that Margaret T.
personally came before me this day and acknowledged that she is Secretary of CAROLINA SAVINGS AND LOAN ASSOCIATION, a North Carolina Corporation, and that by authority duly given and as the act of the Corporation, the foregoing instrument was signed in its name by its President, sealed with its Corporate Seal, and attested by Margaret T. Hewlett as its Secretary.
Witness my hand and Official Seal, this the March, 1966.
14th day of Raumen Notary Public Cacaly dar My Japmission expires: November 30, 1966 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER : : I, Jane H. Croom, a Notary Public in and for the State and County aforesaid, do hereby certify that ROBERT E. CALDER, TRUSTEE, personally appeared before me this date, and acknowledged the due execution of the foregoing instrument.
1966.
C "NOTARY' Witness my hand and Notarial Seal, this the 15th day of March, Commission expires: 2-6-67.
COUNTY Jane H Jane H. Croom, Notary Public 1)!!
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTAR
"NOTARY' Witness my hand and Notarial Seal, this the 15th day of March, Commission expires: 2-6-67.
COUNTY Jane H Jane H. Croom, Notary Public 1)!!
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NOTAR I. Vice BOOK 712 PAGE 540 a Notary Public in and S. for the State and County aforesaid, do hereby certify that JAMES, D. CARR, TRUSTEE, personally appeared before me this date, acknowledged the due execution of the foregoing instrument.
77 Witness my hand and Notarial Seal, this the 28 day of REVICE PUBS Carn * 1966.
Notary Public My commission expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Tiem. Diver a Notary Public in and for the State and County aforesaid, do hereby certify that G. DUDLEY HUMPHREY, TRUSTEE, personally appeared before me this date, and acknowledged the due execution of the foregoing instrument.
✓ Witness my hand and Notarial Seal, this the 28 day of 11.
312 March, 1966.
Commission expires: 11/10/66 STATE OF NORTH CAROLINA : : COUNTY OF NEW HANOVER .
Notary Public JAE I, Jane H. Croom, a Notary Public in and for the State and County aforesaid certify that W. M. PHILLIPPE, SR. personally appeared before me this date, and being duly sworn, stated that in his presence C. H. Lewis, Mrs. Magdalene Lewis, Danny Jones, Geraldine Jones and Rosa Mae Harrell personally signed and acknowledged the execution of the foregoing instrument.
Witness my hand and Notarial Seal, this the 29th day of March, 1966.
NAVON NOTARY Passion expires: 2/6/67.
STATE OF NORTH CAROLINA New Hanover County Je Notary Public Helen J.
The Foregoing Certifextast Jane H. Croom, Leila L. Stack, Sapa 10, Clark, Carolyn , J. Rayner Sex Notar Public of New Hanover County, are adjudged to be correct. Let the instru ment with the Certificate be recorded.
Drawn by.
beach Calder
om, Leila L. Stack, Sapa 10, Clark, Carolyn , J. Rayner Sex Notar Public of New Hanover County, are adjudged to be correct. Let the instru ment with the Certificate be recorded.
Drawn by.
beach Calder This the 29 day of Mar 1946 Received and Recorded MAR 29 1966 12:25 P. M.
Da Patanional Register of Deeds Clerk Superior Court