U972 STATE OF NORTH CAROLINA COUNTY OF HEN HANOVER DECLARATION OF SPECIAL COVENANTS, RULES AND RESTRICTIONS 000169 a North Carolina General THAT, WHEREAS, HEROH RUN ASSOCIATES, Partnership, herein called "Owne=", is the owner of all of those certain tracts or lots of land, lying and being in the state and county aforesaid, and which tracts or lots are more particularly hereinafter described; and WHEREAS, Owner did, by that certain "Declaration of Covenants, Rules and Restrictions for Heron Run", recorded in Book 1441 at Page 1672 in the Office of the Register of Deeds of New Hanover County, Borth Carolina, subject the numbered lots shown on a map recorded in Map Book 29, at Page 82, to certain rules and restrictive covenants; and WHEREAS, Owner desires to provide for the continuing stability and appeal of the said subdivision; and, WHEREAS, to that end, Owner desires to subject the lands hereinafter described to the restrictions recorded in Book 1441 at Page 1672, to the extent the same are not already subject thereto, and, further to subject said lands also to the special covenants, rules, and restrictions as are herein set forth; NOW, THEREFORE, Owner covenants and agrees to and with all persons, firms, and corporations hereafter acquiring any of the lots or parcels of land hereinafter described, that all of the said lots and parcels shall be, and the same now are, to the extent hereinafter defined and described, subject to the following restrictions as to use thereof, running with the land by whomsoever, owned, to wit: 1. Definitions: as used in this Declaration of Special Covenants, Rules and Restrictions, the following terms shall mean: (a) "Owner" means Heron Run Associates, its successors, and assigns.
(b) "Rules and Restrictions" shall mean (i) those rules and
cial Covenants, Rules and Restrictions, the following terms shall mean: (a) "Owner" means Heron Run Associates, its successors, and assigns.
(b) "Rules and Restrictions" shall mean (i) those rules and restrictions now recorded in Book 1441 at Page 1672 of the New Hanover County, North Carolina, Registry, and all amendments thereto and (ii) those special covenants, rules and restrictions 415152 BOOK PAGE 2011 0973 set forth herein and/or any amendment hereto.
(c) Lands hereby made subject to the rules and restrictions as above defined are: (i) ALL of Lot 21 of Beron Run, as the same is shown on a map recorded January 4, 1989, in Map Book 29 at Page 82, New Hanover County Registry, reference to which map is hereby made for a more particular description.
(ii) ALL of Lot 1 A, Lot 2 A, and Lot 3 A, inclusive, as the same are shown on that certain map entitled "Plat of a Division of TRACT A of HERON RUM, said map being recorded on April 1, 1996, in Map Book 35 at Page 332 of the said New Hanover County Registry.
2.
All present and future owners of the four (4) lots described in Section 1. (c) (i) and (ii) above shall take title to the said lots TOGETHER WITH AND SUBJECT TO, among other things, the following: (a) All rights of way and easements, including, without limitation, all access, utility, and/or drainage easements and areas, as are shown on the map of HERON RUN recorded in Map Book 29 at Page 82 and/or on the map of TRACT A of HERON RUN recorded in Map Book 35 at Page 332 of said Registry.
(b) All the terms and conditions of that certain Deed of Easement dated May 8, 1989, and recorded in Book 1456, at Page 173 of said New Hanover County Registry, the terms and conditions of which are incorporated herein by reference.
of that certain Deed of Easement dated May 8, 1989, and recorded in Book 1456, at Page 173 of said New Hanover County Registry, the terms and conditions of which are incorporated herein by reference.
(c) The Articles of Incorporation of Heron Run Homeowners Association, Inc., and the By-Laws of said association, same being recorded in Book 1441 at Page 1674 of said Registry, and all amendments thereto, whether recorded or otherwise.
thereafter maintaining 3. All present and future owners of the three lots (1 A, 2 A, and 3 A) described in section 1. (c) (ii) above, shall share, prorata, the right to use and the cost of constructing improvements upon and same improvements and the additional thirty foot easement shown on the map of the Division of TRACT A of HERON RUN recorded in Map Book 35 at Page 332 as "30′ ACCESS & UTILITY EASEMENT", said easement providing the said three BOOK 2011 PAGE 0974 lots with access to the thirty foot easement shown on said map recorded in Map Book 35 at Page 332, as "30′ ACCESS EASEMENT”.
4. Following the conveyance by Owner of all of the four lots herein described, the special covenants, rules, and restrictions set forth herein (as distinguished from the restrictive covenants recorded in Book 1441 at Page 1672) may be released, changed, modified, or amended with respect to all of said lots, or with respect to one or more specific lot or lots, in the manner then prescribed by all applicable documents, by a recorded executed by the then owners of any three of the lots herein described. Until the conveyance of all four lots by Owner, such releases, changes, modifications, or amendments shall require the signature of Owner.
It shall be lawful for any person or persons owning real
bed. Until the conveyance of all four lots by Owner, such releases, changes, modifications, or amendments shall require the signature of Owner.
It shall be lawful for any person or persons owning real property within HERON RUN subdivision, or any person owning any of the lots shown on the sap recorded in Map Book 35 at Page 332, or, in matters dealing with compliance with storm water run-off rules, the State of North Carolina, to enforce the restrictive covenants recorded in Book 1441 at Page 1672 and/or any or all of these special covenants, rules, and restrictions by proceedings at law or in equity, said enforcement proceeding being either to restrain and/or to recover damages.
5.
6. These rules and restrictions shall be considered covenants to run with the land and shall be binding upon all parties and all persons claiming under them for a period of twenty-five (25) years from the date of the recordation hereof and thereafter unless released, changed, modified, or amended as provided herein.
7. Invalidation of any one of these rules and restrictions shall in no way affect any of the other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, HERON RUM ASSOCIATES has caused this instrument to be signed in its name by one of its Partners, this the + day of April, 1996.
HERON RUM ASSOCIATES, A GENERAL PARTNERSHIP By: n GR B. L. BURNETT, III PARTNER (SEAL) 2011 0975 STATE OF NORTH CAROLINA COUNTY OF HEN HANOVER •Catherine M. Quinn Oquina RECORDED AND VERIFIED MARY SUE OOTS RECISTER OF DEEDS NEW HANOVER CO. NC 196 APR 4 PM 4:30 anover I.
County, North Carolina, do hereby certify that E. L. BURNETT, 111, GENERAL PARTHER OF HEROM RUN ASSOCIATES, A GENERAL PARTHERSHIP, personally appeared before me this day and acknowledged his due execution
ty, North Carolina, do hereby certify that E. L. BURNETT, 111, GENERAL PARTHER OF HEROM RUN ASSOCIATES, A GENERAL PARTHERSHIP, personally appeared before me this day and acknowledged his due execution of the foregoing instrument as the act of the said HERON ASSOCIATES.
WITĶESS my hand and notarial stamp or seal, this 1996.
April 1ST day of Catherine Much Notary Public My Commission Expires: •9-51-96 NAKOVE COUNT STATE OF NORTH CAROLINA New Hanover County The Fogning Anseed Certificates of CATHERINE M. O'QUINN Notary (Notaries) Publicis/are certified to be correct.
4 This the day of APRIL ay Sae Outs, Register of deed Deputy/Amistant 96 19.