BOOK PAGE 1250 1482 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECORDER AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NC, APR 12 419 PM 84 DECLARATION OF RESTRICTIVE COVENANTS GLEN MEADE ROAD 76 KNOW ALL MEN BY THESE PRESENTS, THAT WHEREAS, Edward B. Ward and wife, Francis P. Ward, residents of New Hanover County, North Carolina, herein called Developers, are the owners of all that land designated on Exhibit A attached hereto, said land being herein called the subdivision; and WHEREAS, Developers wish to insure proper development, reasonable use and maintenance of values in the subdivision by beneficial property restrictions enforceable by subsequent owners; NOW, THEREFORE, Developers hereby covenant and agree with all persons, firms and corporations now or hereafter owning or acquiring any of the land in the subdivision, that all of said land within the boundaries of the subdivision as shown on Exhibit A is made subject to the following restrictive covenants running with the land by whomsoever owned: 1. All lots shall be used for residential purposes only, and no dwelling shall be erected thereon other than one detached single family dwelling not to exceed two and one half stories in height and a one or two car garage.
2. No building shall be erected nearer than 40 feet to the front lot line, nor shall any building be erected on any lot nearer than 10 feet to any adjacent property line or side street line. The word "property line" as used herein shall not be construed to be the dividing line between two lots when both lots or one whole lot and part of an adjoining lot are owned by the same party or parties.
3.
No lot shall be resubdivided unless such part of the subdivided lots becomes part of a whole lot and the
h lots or one whole lot and part of an adjoining lot are owned by the same party or parties.
3.
No lot shall be resubdivided unless such part of the subdivided lots becomes part of a whole lot and the remainder of the subdivided lot becomes a part of another whole lot.
4. No trailer, tent, shack, barn or other outbuilding shall be placed upon said property at any time, and no garage shall be used as a residence before or after the erection of the main residence, except that nothing herein shall prevent the erection of servants quarters in or over an attached garage.
RETURNED TO Archie D. ChrisioPhir DR110 7 209 MARLWERD WILMINGTON, N.C. 28403 BOOK PAGE 1250 1483 5. That the design of all buildings which shall be erected upon the property shall be subject to approval by Developers, their successors and assigns. However, if said Developers fail to approve or disapprove the design and plans within ten days after written request is made by the owner or builder, then and in that event such approval will not be required, provided, the design of the proposed building is in harmony with the existing structures in the section.
6. That no dwelling shall be constructed on any lot in the development with an interior area of less than 2,000 square feet, provided that in cases in which the interior floor space falls below the minimum set out herein, but in which there is addition porch space and/or a garage under the main roof of the house, Developers, their successors or assigns, may at their option approve the construction of the dwelling, so long as it is in conformity with the general development of the subdivision, and contains a total area (including any such garage and/or porch space) of at least 2,250 square feet.
7. All buildings must be of wood, brick, brick
with the general development of the subdivision, and contains a total area (including any such garage and/or porch space) of at least 2,250 square feet.
7. All buildings must be of wood, brick, brick veneer, tile, stucco or such other material as may be approved by Developers, their successors or assigns.
8. That these covenants and restrictions are to run with the land and shall be binding on all the parties, and all persons claiming under them, until January 1, 1998, after which time any or all covenants and restrictions listed may be waived or released by majority vote of all of the then owners of lots in said subdivision.
9. That upon the violation, or attempted violation, of any of the covenants herein contained by anyone, it shall be lawful for any person or persons owning any real property situated in said subdivision, to prosecute legal proceedings at law against the person or persons violating or attempting to violate any such covenants and to either prevent him or them from doing or to recover damages for such violation.
10.
Invalidation of any one of these covenants by judgment of court or otherwise, shall in no wise affect any other provisions of these restrictions, which shall remain in full force and effect.
IN WITNESS WHEREOF, Edward B. Ward and Frances P.
Ward have executed this instrument as of the 29th day of March, 1984.
-2NORTH CAROLINA NEW HANOVER COUNTY BOOK PAGE 1250 1484 Edward B. Ward Francis M. Kara Frances P. Ward (SEAL) (SEAL) I, Wilma J. Thompson a Notary Public in and for the State and County aforesaid, do certify that Edward B.
Ward personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
of March WITNESS my hand and official seal this 29th day 1984.
My commission expires: April 19, 1988
sonally appeared before me this day and acknowledged the due execution of the foregoing instrument.
of March WITNESS my hand and official seal this 29th day 1984.
My commission expires: April 19, 1988 NORTH CAROLINA NEW HANOVER COUNTY Nilma J Mommon Notary Public THOMPSON WILMA J.
NOTARY PUBLIC HANOVER N.
COUNTY.
I, Wilma J. Thompson a Notary Public in and for the State and County aforesaid, do certify that Frances P.
Ward personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this 29th day of March 1984.
Nelma J. Thompson Notary Public My commission expires: April 19, 1988 STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificates of Wilme J. Thompson, A_ NOTARY public.
is certified to be correct.
This tite 12 day of April 1984 Rebeca P. Tucker Regist cker Register of Deeds Bylston Deputy WILMA NEW J.
THOMPSON NOTARY PUBLIC HANOVER N. C.
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175.80 EXHIBIT A The Land subject to these restrictions.
is identified.hèreon as Tract A and Tract B being the same property described in a deed recorded in Book 1152 at Page 1624 of the New Hanover County Registry.
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415