BOUT PAGE RECORDED AND ENFIED 1482 1124 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER REBECCA P. TUCKER REGISTER NE DECLARATION OF RESTRICTIONS IVY WOOD SUBDIVISION SECTION 4 JAN 18 344 PM '90 69 KNOW ALL INC., 4 in MEN BY THESE PRESENTS, that the undersigned, LANDMARK ORGANIZATION, INC., and R. C. FOWLER PROPERTIES, both North Carolina corporations, are the owners of all of the interest and equity in that certain subdivision in Cape Fear Township, New Hanover County, North Carolina, known as Section of Ivy Wood Subdivision, as the same is shown on map prepared by Jack G. Stocks, Registered Land Surveyor, which is recorded Map Book 30, at Page 159 in the office of the Register of Deeds of New Hanover County, in order to promote a uniform and harmonious development of said subdivision as a desirable residential community, does hereby place and impose on all of said lots, all of and said lots shall be conveyed subject to, the restrictions or restrictive covenants, following which shall run with the land and be binding upon said lots and whomsoever owns the to-wit: 1. No lot or lots shall be put to any use other for residential purposes, except that the Developers may use of said property as a roadway.
same, than any 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 and stories in height, one-half (2 1/2) and a private garage for not more than two cars. No such garage shall be more than one (1) story in and shall never be used for living quarters of any kind, for guests, members of the family or servants, and the struction or maintenance of so-called "garage-apartments" on lots is expressly prohibited.
height either conany to
living quarters of any kind, for guests, members of the family or servants, and the struction or maintenance of so-called "garage-apartments" on lots is expressly prohibited.
height either conany to 3. No dwelling shall be constructed or permitted remain on any lot the square footage of which is less than 850 square feet.
Said square footage shall not include other garage areas or carport areas, and the said square porches, shall be computed by measuring from the footage exterior walls of said dwelling.
Carolina lighting 4. The developer reserves the right to subject the real property in this subdivision to a contract with Power and Light Company for the installation of street which will require a continuing monthly payment to Carolina Power and Light Company by the owner of each lot.
or 5. All lots in this subdivision are subject to the requirement that all water and sewerage disposal service shall be furnished the lot by Associated Utilities, Inc., or its successors or assigns, under regulation of the North Carolina Utilities Commission, and without first obtaining the written permission from Associated Utilities, Inc., or its successors assigns, neither the owner or occupant of any lot or their agents or employees may drill or otherwise construct or install a water well on said premises, or a sewerage disposal system, or obtain water service or sewerage disposal service from any other source than Associated Utilities, Inc., its successors or Associated Utilities, Inc., its successors or assigns is assigns.
further granted the right and easement to install its lines, meters fixtures on any and residential lot for the service to such lot.
purpose of furnishing nearer 6. No building shall be located on than 25 feet from the front or 12.5 feet from any side street
s, meters fixtures on any and residential lot for the service to such lot.
purpose of furnishing nearer 6. No building shall be located on than 25 feet from the front or 12.5 feet from any side street any lot zon. Jark Эт 173898 RYALS, JACKSON, KAUFMAN & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1482 1125 or side side the line. No building or structure of any kind shall be located on any lot nearer than a distance of five feet to any side lot line, provided , however, if the owner of two or shall elect to use them for more adjoining lots one residence, the boundary line lines between the lots so used shall not be regarded as boundary lines of the lots. In computing the front and setback distances called for in these restrictive covenants, measurements shall be from the base or ground level of the building or structure, and neither the overhang of eaves, not in excess of three feet, nor the establishment of uncovered or steps within the setback area, shall be considered a violation stoops of this covenant. In the event of the unintentional violation of any of the building line restrictions herein set forth, the undersigned reserves the right, by and with the mutual consent in writing of the owner or owners at such time of the lot or lots affected thereby, to change such restrictions provided, however, that such change accordingly; shall not exceed 10% of the marginal requirements of the building line restrictions as to such lot.
existing the 7. The design of all buildings erected or moved onto any lot (including exterior storage buildings, detached dog houses, other detached garages, structures, and structural additions to the main dwelling) shall be subject to the Developers and Sanco of approval of Wilmington Corporation ("Sanco"), or of
ached dog houses, other detached garages, structures, and structural additions to the main dwelling) shall be subject to the Developers and Sanco of approval of Wilmington Corporation ("Sanco"), or of some person or persons designated by either of them to pass said designs. Upon written request of a lot owner for of plans, the Developers, Sanco, or their duly authorized shall have ten (10) days within which to approve or such plans.
In the event of failure to approve or within ten (10) days, such approval will not be required; but the design of the proposed building must be in harmony with the existing structures in this subdivision.
upon approval agent disapprove disapprove or of 8. All dwellings must be of wood, brick, brick veneer, or of concrete block if completed with a brick veneer facing with an architectural design appropriate to the area, of vinyl siding or composition board, or any other type synthetic building material approved by the Developers. Exterior storage buildings , detached garages, other detached structures, and structural additions to the main dwelling must be constructed out of the same materials as the main dwelling, and must have the same color and general appearance as the main dwelling. It is the express intention of the Developers to maintain a uniform plan of development with respect to design, size, type, cost and general appearance of all structures upon the lots in the subdivision.
9.
time the The developers reserve for themselves, their successors and assigns, an easement in and the right at any in the future to grant a right of way under, over, and along side, rear and front property lines of each and every lot in subdivision described herein for the installation and maintenance of poles, lines, conduits, pipes, and other equipment
er, over, and along side, rear and front property lines of each and every lot in subdivision described herein for the installation and maintenance of poles, lines, conduits, pipes, and other equipment to or the necessary useful for furnishing electric power, gas, telephone service , cable TV service, and/or other utilities including water and sewer services, or for drainage purposes.
10. No fence or other obstruction exceeding six feet in (6) height shall extend nearer the street than the front setback line of the main dwelling constructed on the lot. All fences in the subdivision must be of the same design, height, type, and general appearance' i.e., the first fence built in the subdivision must be approved by the Developers as to design, height, type, and general appearance and any fences built thereafter must be of the same design, height, type, and general 2 RYALS, JACKSON, KAUFMAN & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOP PAGE 1482 1126 appearance. All lots situated on a corner lot shall be required to have a fenced area at least 20 feet by 20 feet in size in the rear of the house and attached to the rear of the house, which shall be within kept all lawnmowers, bicycles, toys, grills and stored materials.
which at 11. It shall be the duty of each homeowner to keep his or her property in a neat and tidy condition, well maintained, with no unsightly debris or litter or the like in view. No noxious or offensive trade or activity shall be carried on or maintained on any lot, nor shall any activity be conducted constitutes an annoyance or nuisance to the neighborhood. If yards are not properly maintained, they shall be cleaned up the owner's expense. Junk cars, blocked-up cars, machinery , and similar eyesores shall not be placed or permitted inoperative
ghborhood. If yards are not properly maintained, they shall be cleaned up the owner's expense. Junk cars, blocked-up cars, machinery , and similar eyesores shall not be placed or permitted inoperative to remain on the property. No mechanical or maintenance shall be done work on cars or other machinery or front yard or side yard of any home, or in the street in front of equipment in the any home; such work may be done only in back yards.
recreational vehicles, Boats, semi-trucks, and other similar vehicles may not be parked in the front yard or side yard of any home, in the street in front of any home; all such boats and vehicles may be parked only in the back yard behind a home. There shall be not more than two (2) motor vehicles per home, and both be in good running order.
or must 12. No commercial trade or activity shall be carried on upon any lot.
owner drainage culbe elects then 13. It shall be the obligation of each property to maintain , to the original construction depth, all ditches located upon his or her lot. Any construction of verts or other construction along or across said ditches must done so that the free flow of water from subsurface drainage is not interrupted or interfered with. If a property owner to tile the entire ditch running along his or her property, such property owner must install a catch basin at one of his or her property lines, which catch basin must meet North Carolina Department of Transportation standards and must be approved in writing by the Developers or Sanco.
Further, property owners shall at all times maintain any improvements between his lot line and the street pavement of the street located.
upon which said lot is 14. No structure of a temporary character, mobile home, trailer, tent, shack, garage apartment, garage, barn, or
ween his lot line and the street pavement of the street located.
upon which said lot is 14. No structure of a temporary character, mobile home, trailer, tent, shack, garage apartment, garage, barn, or other outbuilding shall be used on any lot as a residence, either temporarily or permanent either for the owners of said lot, for servants or any other persons.
15. All buildings, structures and their shall be maintained in a suitable of destruction by fire or other cleared and debris removed within casualty.
appurtenances state of repair; and in event casualty, premises are to be 90 days from date of such 16. No animals shall be kept on the property other than household pets , and no household pets may be kept, bred, maintained for any commercial purpose. Control of such pets the responsibility of the owner, and all pets shall be inside, or within an approved fenced area, or upon a leash.
or is kept 17. No lot or area shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, such materials may not and be kept on any lots, except in sanitary All incinerators or other equipment for the storage containers.
3 RYALS, JACKSON, KAUFMAN & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 800 PAGE 1482 1127 or disposal of such materials shall be kept in a clean and sanitary condition.
18. No lot shall be subdivided, or its boundary line changed without the written consent of the Developer. However, the Developer hereby expressly reserves to itself the right to replat any lot or lots or change the alignment or placement of any road as required in Developer's sole discretion and to take such other steps as are reasonably necessary to make such replatted lot or lots suitable and fit as a building site.
19. No signs of any description shall be placed on or
s sole discretion and to take such other steps as are reasonably necessary to make such replatted lot or lots suitable and fit as a building site.
19. No signs of any description shall be placed on or displayed on any residential lot except signs "For Rent" or "For Sale ", and any such signs shall not exceed five square feet size.
20. All newspaper boxes, mailboxes and such must be approved by Developers or in design as the first such tacles and their posts and shall be the same installed in the development.
in recepSanco receptacle in 21. Permanent window treatments must be installed all new homes within thirty (30) days of occupancy. Bedsheets, towels, blankets, etc.
are not considered acceptable window coverings.
22. No satellite television dishes shall be constructed or permitted on any lot in the subdivision.
placed, 23. All clotheslines, clothes poles or other paraphernalia for the drying or airing of clothes or other items located on any lot in the subdivision shall be concealed or screened from public view.
24. These restrictions are subject to being altered, modified, cancelled or changed at any time as to said subdivision as a whole or as to any subdivided lot or part thereof by written document executed by both SANCO OF WILMINGTON CORPORATION, and the Developers or their successors in title, and by the owners of not less than fifty-one percent (51%) of the subdivided lots or parts of said subdivision to which these restrictions apply, recorded in the office of the Register of Deeds of New Hanover County, North Carolina. Provided, however, until such time as a ninety-nine percent (99%) of the lots in IVY WOOD, SECTION 1 all future sections thereof have been sold and conveyed to purchasers other than contractors or builders, these Restrictions and and
e as a ninety-nine percent (99%) of the lots in IVY WOOD, SECTION 1 all future sections thereof have been sold and conveyed to purchasers other than contractors or builders, these Restrictions and and may not be altered, modified, cancelled or changed without the express written consent of both SANCO OF WILMINGTON CORPORATION, and the Developers, their successors or assigns. These Restrictions, unless altered, modified, cancelled or changed as provided herein, shall remain in effect until December 31, 2026.
25. Invalidation of any one of these covenants judgment or court order shall in no wise affect any of the provisions, which shall remain in full force and effect.
by other lots 26. Any person or corporation owning any lot or in said subdivision shall have the right and authority to appropriate legal proceedings to prevent violations of restrictive covenants and/or to recover damages for such violations.
bring these IN SUCH EVENT, ANY SUCH VIOLATOR SHALL BE LIABLE TO THE PERSONS OR CORPORATION INSTITUTING ANY SUCH ACTION, COSTS OF FOR COURT, REASONABLE ATTORNEYS FEES, AND OTHER COSTS INCURRED IN ENFORCING THESE RESTRICTIONS.
4 RYALS. JACKSON, KAUFMAN & MILLS WILMINGTON, NORTH CAROLINA 26402-0147 BOOP PAGE 1482 1128 IN TESTIMONY WHEREOF, the undersigned has instrument to be executed, this the 22 day of 1989.
caused this December, R.C. FOWLER PROPERTIES, INC.
ATTEST: Secretary FRIX CORPORATE SEAL) 531 ATTEST: antsid & Haught and Secretary (AFFIX CORPORATE SEAL) ORD By: Y: President LANDMARK ORGANIZATION, INC.
By: B. E s Vice President GINAL DOCUMENT QUALITY DUE TO G.S. 161-14 Seal CARO RECORD OF CONDITION " STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER with The undersigned Notary Public for the County of New Hanover and State aforesaid certifies that MYRTLE C. FOWLER,
1-14 Seal CARO RECORD OF CONDITION " STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER with The undersigned Notary Public for the County of New Hanover and State aforesaid certifies that MYRTLE C. FOWLER, came before me this day and acknowledged that she is Secretary of personally R.C. FOWLER PROPERTIES, INC., a North Carolina Corporation, its principal office in New Hanover County, and that by authority duly given and as the act of the corporation the instrument was signed in its foregoing name by its President, sealed the Corporate Seal and attested by her as its Secretary.
WITNESS my hand and notarial seal this the 22nd December, 1989.
Susan P. Price with day of My Commission Expires: 11-24-91 (AFFIX NOTARIAL SEAL) 5 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 Notary Public STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK PAGE 1482 1129 The undersigned Notary Public for the county of New Hanover Cecil A. Knight and State aforesaid certifies that personally came before me this day and acknowledged that Assistant Secretary he is of LANDMARK ORGANIZATION, Carolina Corporation, with INC., a North its principal office in New County, and that by authority duly given and Hanover corporation the foregoing instrument was signed as the act of the its Vice President, sealed with in its name by the Corporate Seal and by him/her as its Assistant Secretary.
attested WITNESS my hand and notarial seal this the December 1989.
2209 day of Susan P. Price Notary Public My Commission Expires: 11-24-91 (AFFIX NOTARIAL SEAL) Notary seal RECORD OF POOR QUALITY DUE TO CONDITION OF ORIGINAL DOCUMENT G.S. 161-14 /IVY-7 RESTRICT STATE OF NORTH CAROLINA New Hanover County The Foregoing/Annexed Certificate(s) of SUSAN P. Price Notary (Notaries Public is/are certified to be correct.
ORIGINAL DOCUMENT G.S. 161-14 /IVY-7 RESTRICT STATE OF NORTH CAROLINA New Hanover County The Foregoing/Annexed Certificate(s) of SUSAN P. Price Notary (Notaries Public is/are certified to be correct.
This the 18 day of JAN. 1990 ebecca P. Tucker, Register of Deeds Rebeccz P By Linda Deputy/Assistant6 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147