30 BOOK 942 PAGE 204 STATE OF NORTH CAROLINA : ADMITTED TO RECORD 300K FILE NO.
PAGE JUL 11 211 PM '72 IGIS CLERAY REGISTRAR NEW HANOVER CO., N.C.
DECLARATION OF RESTRICTIONS COUNTY OF NEW HANOVER : KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned is the owner of all of that tract of land known as HIGHLAND DUNES, SECTIONS 1 and 2, as shown on maps recorded in Map Book 12, Page 26 and Map Book 13, Page 13, of the New Hanover County Registry, and it is the desire of the undersigned, HIGHLAND DUNES DEVELOPMENT CORP., the developer of this land, to insure the use of said property for attractive residential purposes only, to prevent nuisances, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each site owner the full benefit and enjoyment of his home or mobile home with no greater restriction upon the free and undisturbed use of his site than is necessary to insure the same advantages to the other lot owners; THEREFORE, the undersigned does hereby covenant, agree and declare to and with all persons, firms, or corporations now owning or hereafter acquiring any property in HIGHLAND DUNES, SECTIONS 1 and 2, that all of the lots in said subdivision as shown on maps thereof recorded in Map Book 12, at Page 26 and Map Book 13, at Page 13, of the New Hanover County Registry, are hereby made subject to the following restrictions as to the use thereof running with the land by whomsoever owned, to-wit: 1. All lots shall be single-family residential lots, and shall be used for residential purposes only. No structure, building, trailer, travel trailer, 'mobile home, or camper or similar object, shall be erected, altered, placed, or permitted to remain on any lot, except as follows:
tial purposes only. No structure, building, trailer, travel trailer, 'mobile home, or camper or similar object, shall be erected, altered, placed, or permitted to remain on any lot, except as follows: (a) one detached single family dwelling not to exceed 2 1/2 stories in height, (b) one mobile home, (c) and storage buildings, pump houses, private garages or carports for not more than three cars, and similar outbuildings incidental to the residential use of the property.
(d) campers, travel trailers, and the like may be maintained only on the rear 30 feet of each lot, with the written approval of the undersigned, provided the same shall not be used as a residence or dwelling at any time.
2. No commercial enterprise of any nature may be conducted on any lot, or any part of any lot, at any time.
No noxious or offensive trade or activity shall be carried on or maintained on any lot, or any part of any lot, at I BOOK 942 PAGE 205 any time, nor shall any use be made of any portion of said property which may be or become an annoyance or nuisance to the neighborhood.
3.
The plans and materials for all structures, both dwellings and incidental structures including, but not limited to, garages, storage buildings, pump houses and the like, to be erected, assembled, or placed on any lot shall be approved in writing by the undersigned prior to the commencement of construction or the placing of the same on the property.
The design, style, construction, materials, appearance, age, condition, and size of all mobile homes to be moved or placed on, or allowed to remain on, any lot or any part thereof must be approved in writing by the undersigned. All mobile homes shall have a width of at least ten (10) feet, unless a variance is approved by the undersigned. All mobile homes
ot or any part thereof must be approved in writing by the undersigned. All mobile homes shall have a width of at least ten (10) feet, unless a variance is approved by the undersigned. All mobile homes must be skirted, and the materials and plan of construction thereof must be approved in writing by the undersigned.
No other structural addition or alteration of any kind to any dwelling, mobile home, or structure incidental thereto, including, but not limited to, awnings, cabanas, carports, Florida rooms, porches, verandas, storage cabinets and similar appurtenances and structures shall be made unless and until the plans and materials for the same are approved in writing by the undersigned. No failure of the undersigned to object or take action against any party violating this paragraph shall constitute acquiescence in or approval of such violation, nor waiver of any remedies against the violater or violaters, except that if sufficient information as to mobile homes, or plans and specifications as to structures or any alterations or additions to structures or mobile homes are submitted in writing to the undersigned, and the undersigned fails to approve or disapprove the same within 10 days after receipt, then the same shall be automatically approved.
4.
All structures, dwellings, mobile homes, incidental structures or attachments, alterations or additions to the foregoing shall be maintained in good condition and in good repair at all times. Any lot owner may be required to remove, or the undersigned may at its option remove at the lot owner's expense any of the foregoing which are damaged or fall into such disrepair as to be an eyesore to the neighborhood or endanger the health, safety or welfare of the occupants or the neighborhood.
ner's expense any of the foregoing which are damaged or fall into such disrepair as to be an eyesore to the neighborhood or endanger the health, safety or welfare of the occupants or the neighborhood.
5. No fence shall be erected, placed or permitted to remain on any lot unless and until its size and style shall be approved in writing by the undersigned.
6. No livestock, poultry, or other animals, birds, or reptiles shall be allowed or permitted on any lot except household pets, and no pet shall be allowed to run free, but shall be kept on a leash, in the home, or in a fenced-in area.
2 BOOK 942 YAGE 200 7.
No part of any structure, out-building, or mobile home, or any addition or attachment thereto shall be nearer than 25 feet to the front property line, nor nearer than 10 feet to the side property line of any lot. Provided, however, if the owner of any two or more adjoining lots shall elect to use them for one residence, the boundary line between the lots.
so used shall not be regarded as side boundary lines under this paragraph. On corner lots, the street line having the least footage shall be considered the front line.
cars, 8. No unlicensed or inoperable motor vehicles, no junk no accumulations of trash, garbage or debris, or like eyesores shall be maintained on any lot. All garbage shall be placed in waterproof metal or plastic cans with tight-fitting lids, and all leaves, clippings, paper and similar trash shall be disposed of immediately or placed in containers for pick-up by garbage or trash collectors. In the event yards are not properly maintained, they shall be cleaned up at the owner's expense.
9. No tents, shack, barn, shanty, nor any like temporary structure shall be maintained on any lot at any time, nor shall
s are not properly maintained, they shall be cleaned up at the owner's expense.
9. No tents, shack, barn, shanty, nor any like temporary structure shall be maintained on any lot at any time, nor shall the same be used as a residence or dwelling at any time.
10. The layout of lots as shown on the map of the subdivision shall be adhered to and no lots shall be resubdivided unless such part of a subdivided lot becomes a part of a whole lot and the remaining part of such subdivided lot becomes a part of another whole lot.
11. Sewage disposal shall meet the approval and comply with the regulations of the North Carolina State Board of Health.
12. No signboards of any description shall be placed or displayed on any residential lot except signs "For Rent" or "For Sale", which signs shall not exceed 2 feet by 3 feet in size, or signs used by a builder to advertise the property during the construction and sales period.
13. These covenants are to run with the land and shall be binding on all parties and on all persons claiming under them until January 1, 2000, at which time said covenants shall be automatically extended for successive periods of ten years unless by vote of a majority of the then owners of the lots it is agreed to change said covenants in whole or in part.
14. If any person, firm or corporation shall violate or attempt to violate any of the covenants herein, it shall be lawful for the undersigned or any other person or persons owning any real property situated in said development or subdivision to prosecute any proceeding at law or in equity against the party or parties violating or attempting to violate any such covenant and either to prevent such party or parties from so doing or to recover damages or other dues for such violation.
3 NIGHL BOOK 942 PAGE 207
parties violating or attempting to violate any such covenant and either to prevent such party or parties from so doing or to recover damages or other dues for such violation.
3 NIGHL BOOK 942 PAGE 207 15. Nothing herein shall prevent the undersigned from using any lots owned by it as a sales area, and conducting a sales and business office thereon, and other activities related to the sale and advertising for sale of lots.
16. An easement or right of way for telephone, electricity, and other utilities is hereby reserved over a strip of land five (5) feet wide, running along and adjoining each side of the streets or roads shown on the above mentioned maps.
17. Invalidation of any of these covenants by judgment or court order shall in nowise affect any of the other provisions, which shall remain in full force and effect.
IN TESTIMONY WHEREOF, the said HIGHLAND DUNES DEVELOPMENT CORP. has caused these presents to be executed in its corporate name by its President, sealed with its corporate seal, and attested by its Secretary, pursuant to authority duly given this 7th day of July, 1972.
HIGHLAND DUNES DEVELOPMENT CORP.
.:) Wine Wlochelle Secretary NY Noua P By President STATE OF NORTH CAROLINA : COUNTY OF NEW HANOVER I, The ✓ a Notary Public in an for the State and County aforesaid do hereby certify that s W-Bochil personally appeared before me this day and acknowledged that she is Secretary of Highland Dune Development Corp., a corporation, and 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 herself as its Secretary.
1972.
46Witness my hand and notarial seal, this 10 day of Thelma July My Commission expires: Tes: 2/20/75 Notary Public
ent, sealed with its corporate seal, and attested by herself as its Secretary.
1972.
46Witness my hand and notarial seal, this 10 day of Thelma July My Commission expires: Tes: 2/20/75 Notary Public STATE OF NORTH CAROLINA New Hanover Cotuity The foregoing Certificate of Thelma E.
Rice, Notary Public.
is certified to be correct.
This the 10 day of July 1972 Drawn By SMAM&L Lots C. Leltay, Register of Deeds 15 Cathy L. Shipton, Dep.
Received and Recorded July 10, 1972 at 2:11 La B. Le Pay Register of Deeds