2600 Book 6107 Page 1619 BK: RB 6107 PG: 1619-1628 RECORDED: 12-08-2017 01:26:32 PM 2017039475 NEW HANOVER COUNTY, NC TAMMY THEUSCH BEASLEY BY: ANGELA ENGLISH DEPUTY REGISTER OF DEEDS PROTECTIVE COVENANTS CONCERNING LANDSCAPING AND PRIVATE DRIVE NC FEE $26.00 THIS PROTECTIVE COVENANTS CONCERNING LANDSCAPING AND PRIVATE DRIVE (“Agreement”) is made as of December 6, 2017 by TCHAM V, LLC ("TCHAM") to JAMESBOROUGH COURT CONDOMINIUM OWNERS ASSOCIATION, INC. ("Jamesborough").
A.
Background Statements Jamesborough is a North Carolina condominium association comprised of the owners of units of the Jamesborough Court Condominium located in Wilmington, North Carolina.
B. TCHAM is the current owner of certain real property located in Wilmington, North Carolina, and more particularly described on Exhibit A (the “TCHAM Parcel”) attached hereto and incorporated herein by this reference.
C. Jamesborough and TCHAM have entered into that certain "Settlement Agreement and Mutual Release" dated September 8, 2017, pursuant to which TCHAM has, concurrently with TCHAM's execution and delivery of this Agreement, executed and delivered to Jamesborough a General Warranty Deed recorded in Book 6/07, Page 1580 New Hanover County Registry, conveying to Jamesborough that certain parcel of land more particularly described on Exhibit B (the “Conveyed FDA 3 Parcel”), attached hereto and incorporated herein by reference.
D. The TCHAM Parcel and the Conveyed FDA 3 Parcel are abutting properties.
E.
Jamesborough has concurrently executed and delivered a “Deed of Easement” to TCHAM recorded in Bookle107 Page/609 New Hanover County Registry, which is, by this reference, incorporated herein (the “Access Easement”). The Access Easement grants the
vered a “Deed of Easement” to TCHAM recorded in Bookle107 Page/609 New Hanover County Registry, which is, by this reference, incorporated herein (the “Access Easement”). The Access Easement grants the owner(s) of the TCHAM Parcel certain access rights and utility rights upon Jamesborough's property.
1 Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1620 NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by TCHAM, TCHAM agrees and declares as follows: 1.1 ARTICLE 1 PROTECTIVE COVENANTS TCHAM does hereby declare, adopt, establish, and grant to Jamesborough the following protective and restrictive covenants: 1.2 (a) Landscape. TCHAM shall not construct any improvements, other than a driveway, parking area, landscaping, and utility easement lines, within that portion of the TCHAM Parcel more particularly described on Exhibit C attached hereto (the "Landscape Area"). The Landscape Area will be restricted to driveway, parking areas, utility easement, and landscaping purposes. The landscaping will be maintained by TCHAM, and may include plants, shrubs, grasses, trees, mulch, lighting, decorative fencing, an irrigation system, comparable landscaping plants and materials, and one or more uninhabitable structures that serve utility or similar functions (e.g. pump houses, electric junction boxes, etc.). The landscaping will be of a quality at least similar to that which currently exists, but may be changed from time to time (e.g., from grass to shrubs) (“Protective Covenant 1"). As to parking within that portion of the TCHAM Parcel more particularly described on Exhibit C, no parking areas shall
changed from time to time (e.g., from grass to shrubs) (“Protective Covenant 1"). As to parking within that portion of the TCHAM Parcel more particularly described on Exhibit C, no parking areas shall be located closer than fifteen feet from the rear-most property line of Jamesborough, such rear-most property line being the line shown as Line L12 on Condo Book 15, Page 72.
(b) Driveway. In the event TCHAM constructs a driveway connecting to Jamesborough's existing driveway, the driveway so constructed shall be connected to such existing driveway in a manner that does not eliminate any parking spaces as now clearly marked on Jamesborough's property. The portion of such constructed driveway located within the Landscape Area shall be paved, not to exceed 16 feet in width (exclusive of curbing), and of materials similar to that currently existing on Jamesborough's existing driveway ("Protective Covenant 2"; Protective Covenant 1 and Protective Covenant 2, collectively, the “Protective Covenants, and singularly, a “Protective Covenant”). The general location of such driveway is shown on Exhibit D attached hereto.
(c) Any unit that utilizes the driveway described in Article 1.1(b) shall have at least two and one-half parking spaces.
TO HAVE AND TO HOLD the Protective Covenants hereby declared, adopted, established and granted to Jamesborough and its successors and assigns in title forever, it being acknowledged that the Protective Covenants are for the use and benefit of, and run with the Conveyed FDA 3 Parcel and shall burden and run with the TCHAM Parcel.
Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1621 1.3 Miscellaneous. TCHAM covenants that it is seized of the TCHAM Parcel in fee
Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1621 1.3 Miscellaneous. TCHAM covenants that it is seized of the TCHAM Parcel in fee simple and has the right and authority to grant the Protective Covenants described herein, and that it will warrant the title to the TCHAM Parcel against the claims of all persons claiming by or through TCHAM. The Protective Covenants touch and concern the land and shall run with the land and shall burden the TCHAM Parcel, and be appurtenant to and benefit the Conveyed FDA 3 Parcel. Any references in this Article 1 to "TCHAM" or "Jamesborough" by name shall be deemed to extend to the respective successors in title to each of them. Unless the context clearly requires a different construction, all references to the Conveyed FDA 3 Parcel and the TCHAM Parcel shall be deemed to include any portions thereof, whether created by a future subdivision or otherwise in accordance with applicable law. These Protective Covenants shall be enforceable by an action for specific performance or injunctive relief, among other rights and remedies available hereunder or at law or in equity, it being agreed that an action for damages would not be an adequate remedy for a breach or other violation of a Protective Covenant.
1.4 TCHAM may make all available uses of the property shown on Exhibit C not inconsistent with these terms, including, without limitation, granting a non-exclusive landscape easement to the City of Wilmington or other governmental authority, and granting easements to public or private utility companies.
ARTICLE 2 DURATION OF PROTECTIVE COVENANTS The Protective Covenants set forth in this Agreement shall continue in full force and
thority, and granting easements to public or private utility companies.
ARTICLE 2 DURATION OF PROTECTIVE COVENANTS The Protective Covenants set forth in this Agreement shall continue in full force and effect in perpetuity from the date of recordation hereof, unless the Protective Covenants are terminated by (i) an agreement executed, acknowledged and recorded by the then-fee simple record owners of the Conveyed FDA 3 Parcel, or (ii) the same owner hereafter holds record title to the TCHAM Parcel and the Conveyed FDA 3 Parcel.
ARTICLE 3 MISCELLANEOUS The Background Statements above are not mere recitals, and are incorporated herein by this reference. The determination by any court of competent jurisdiction that any provision of this Agreement is not enforceable in accordance with its terms shall not affect the validity or enforceability of any of the remaining provisions; rather, any such unenforceable provision shall be stricken or modified in accordance with the court's decision, and this Agreement, as modified, shall continue to be binding and enforceable. This Agreement consists only of the express written terms and conditions set forth in this Agreement. Except as set forth hereinabove, all understandings and agreements heretofore made between Jamesborough and TCHAM with respect to the subject matter of this Agreement are merged into this Agreement, which alone fully and completely expresses the parties' understanding. There are no promises or agreements, oral or otherwise, inducing entry into this Agreement, except only as expressly set forth in writing herein.
Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1622 TCHAM V, LLC has caused this instrument to be signed in its company name by its duly
ctive Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1622 TCHAM V, LLC has caused this instrument to be signed in its company name by its duly authorized member or manager, the day and year first written above.
TCHAM V, LLC By: Printed Name: Title: 14 James T. Waddill IV Member-Manager STATE OF NORTH CAROLINA COUNTY OF New Hanover I, Jennifer Roeder a Notary Public in and for the State and County aforesaid, do hereby certify that James T. Waddill IV personally appeared before me this day and acknowledged that he is Member-Manager of TCHAM V, LLC and acknowledged, on behalf of TCHAM V, LLC the due execution of the foregoing instrument for the purposes therein expressed.
+4 Witness my hand and notarial seal, this let [AFFIX NOTARY STAMP/SEAL] ROEDER IFER NOTAR PUBLIC NEW HANOVER NC COUNTY.
day of December, 2017.
Notary Public Jennifer Roeder Printed/Typed Name My Commission expires: 8-13-2020 4 Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1623 IN WITNESS WHEREOF, Jamesborough joins in the execution of this Agreement to acknowledge its acceptance thereof.
JAMESBOROUGH COURT OWNERS ASSOCIATION, INC.
By: Printed Name: Title: George A. Pittman President CONDOMINIUM STATE OF NORTH CAROLINA COUNTY OF New Hanover I, A. Francine Mitchell Skinner a Notary Public in and for the State and County aforesaid, do hereby certify that George A. Pittman personally appeared before me this day and acknowledged that he is President of Jamesborough Court Condominium Owners Association, Inc. and acknowledged, on behalf of Jamesborough Court Condominium Owners Association, Inc. the due execution of the foregoing instrument for the purposes therein expressed.
minium Owners Association, Inc. and acknowledged, on behalf of Jamesborough Court Condominium Owners Association, Inc. the due execution of the foregoing instrument for the purposes therein expressed.
Witness my hand and notarial seal, this 5th day of December, 2017.
[AFFIX NOTARY STAMP/SEAL] A. FRANCINE MITCHELL SKINNER NOTARY PUBLIC NEW HANOVER COUNTY, NC My Commission Expires 09/29/2018 a. Incine Mitchell Sne Notary Public Printed/Typed Name: A. Francine Mitchell Stenner My Commission expires: 04/29/2018 5 Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1624 EXHIBIT A A certain tract or parcel of land lying and being in the City of Wilmington, New Hanover County, North Carolina, and being part of "Future Development Area 3", as shown on Condominium Plat Book 15, at Page 72, New Hanover County Registry, and being more particularly described as follows: Beginning at the northeastern corner of "Future Development Area 3" (Condominium Plat Book 15, Page 72), said point being located N 29-21-11 E 510.66 ft. from the southeastern corner of "Future Development Area 1" (Condominium Plat Book 15, Page 72), said southeastern corner being on the northern right of way of Wrightsville Avenue and being 503'+- from the intersection of New Orleans Place: Proceed from said point of beginning and with said eastern line N 29-21-11 E 972.31 ft. to the northern most corner of said "Future Development Area 3", thence with the western line of "Future Development Area 3" S 40-44-45 W 1,018.94 ft. to a point, thence leaving said western line and with a curve to the left having a radius of 51.00 ft. a chord S 07-04-16 E 75.58 ft., thence N 29-16-45 E
Development Area 3" S 40-44-45 W 1,018.94 ft. to a point, thence leaving said western line and with a curve to the left having a radius of 51.00 ft. a chord S 07-04-16 E 75.58 ft., thence N 29-16-45 E 87.14 ft., thence S 60-45-13 E 17.64 ft., thence N 29-14-47 E 28.50 ft., thence S6045-13 E 98.81 ft., thence S 29-16-05 W 28.48 ft., thence S 60-38-49 E 40.07 ft. to the point of beginning and containing 2.20 acres.
All bearings are relative to Condominium Plat Book 15, Page 72, of the New Hanover County Registry.
Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1625 EXHIBIT B A certain tract or parcel of land lying and being in the City of Wilmington, New Hanover County, North Carolina and being part of "Future Development Area 3", as shown on Condominium Plat Book 15, at Page 72, of the New Hanover County Registry, and being more particularly described as follows: Beginning at a point at the southwestern corner of "Future Development Area 3" (Condominium Plat Book 15, Page 72), said point being located N 40-44-45 E 219.08 ft. from the southwestern corner of "Future Development Area 2" (Condominium Plat Book 15, Page 72), said southwestern corner being on the northern right of way of Wrightsville Avenue and being 800'+- from the intersection of New Orleans Place: Proceed from said point of beginning and with the lines of said “Future Development Area 3” lines S 60-20-00 E 121.85 ft., thence N 29-09-37 E 53.63 ft., thence N 60-50-23 W 25.45 ft., thence N 29-09-37 E 16.10 ft., thence N 60-50-23 W 21.00 ft., thence N 29-09-37 E 98.80 ft., thence S 60-50-23 E 21.00 ft., thence N 41-03-07 E 14.92 ft., thence N 29-16-45 E 24.51 ft., thence leaving said "Future Development Area 3" lines and with a curve to
., thence N 29-09-37 E 98.80 ft., thence S 60-50-23 E 21.00 ft., thence N 41-03-07 E 14.92 ft., thence N 29-16-45 E 24.51 ft., thence leaving said "Future Development Area 3" lines and with a curve to the right having a radius of 51.00 ft. a chord N 07-04-16 W 75.58 ft. to the point in the western line of "Future Development Area 3" line thence with said western line S 40-44-44 W 273.09 ft. to the point of beginning and containing 0.36 acres.
All bearings are relative to Condominium Plat Book 15, Page 72, of the New.
Hanover County Registry.
7 Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1626 EXHIBIT C A certain tract of land lying and being in the City of Wilmington, New Hanover County, North Carolina and more particularly described as follows: Beginning at a southeastern corner of "Future Development Area 3" (as shown on Condominium Plat Book 15, Page 72), said point being located N 29-21-11 E 510.66 ft. from the southeastern corner of "Future Development Area 1" (as shown on Condominium Plat Book 15, Page 72), said southeastern corner being on the northern right of way of Wrightsville Avenue (also being the southeastern corner of "Future Development Area 1 as shown on said plat) and being 503'+- from the intersection of New Orleans Place: Proceed from said point of beginning and with the eastern line of said "Future Development Area 3” N 29-21-11 E 53.55 ft., thence across said "Future Development Area 3" as shown on said plat on a line having a bearing of N 60-45-13 W approximately 185.20 ft. to the point where said line intersects the western line of "Future Development Area 3" as shown on said plat, thence with said western line S 40-44-45 W 81.37 ft. to a point; thence with a curve to the left
point where said line intersects the western line of "Future Development Area 3" as shown on said plat, thence with said western line S 40-44-45 W 81.37 ft. to a point; thence with a curve to the left having a radius of 51.00 ft. a chord S 07-04-16 E 75.58 ft. to the point in an eastern line of “Future Development Area 3” as shown on said plat; runs thence with the line of said "Future Development Area 3” as follows: N 29-16-45 E 87.13 feet, thence S 60-45-13 E 17.64 ft., N 29-14-47 E 23.50 ft., S 60-45-13 E 49.40 ft., N 29-14-47 E 5.0 feet, S 60-45-13 E 49.40 ft., S 29-14-47 W 28.48 ft., and S 60-36-49 E 40.07 ft. to the point of Beginning.
All bearings are relative to Condominium Plat Book 15, Page 72, of the New Hanover County Registry.
8 Protective Covenants Concerning Landscaping and Private Drive (PROPOSED FINAL 5.28.15)_28242756.docx Book 6107 Page 1627 PRELIMINARY EXHIBIT PROPOSED ACCESS DRIVE BLOG.
WRIGHTSVILLE PLACE tabbles® PROPERTY LINE PROPOSED PROPERTY PROPOSED 16' DRIVE LINE JAMESBOROUGH COURT COA, INC BLDG. 2 SSMH PARKING UTILITY EASEMENT SSMH EXHIBIT D PROPOSED WATER & SEWER SERVICE LINES PROPERTY LINE THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENTAL AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. IT IS FOR ILLUSTRATIVE PURPOSES.
☐ 30' 15' N/F GORE LOT 3 30° 1 PROPERTY LINE THIS MAP MAY NOT BE A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS LOT 5 N/F ANDERSON THIS MAP IS NOT FOR RECORDATION HANOVER DESIGN SERVICES, P.A.
EVELOPMENT REGULATIONS AND HAS NOT BEEN REVIEWED FOR COMPLIANCE WITH RECORDING REQUIREMENTS FOR PLATS LOT 5 N/F ANDERSON THIS MAP IS NOT FOR RECORDATION HANOVER DESIGN SERVICES, P.A.
LAND SURVEYORS ENGINEERS & LAND PLANNERS 1123 FLORAL PARKWAY WILMINGTON, N.C. 28403 PHONE: (910) 343-8002 FAX: (910) 343-9941 FIRM CERTIFICATE C-0597 JOB ##### H.
DS TAMMY THEUSCH BEASLEY Register of Deeds Book 6107 Page 1628 New Hanover County Register of Deeds 320 CHESTNUT ST SUITE 102 •WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7716 HANOVER NEW COUNTY NORTH CAROLINA ESTABLISHED 1729 State of North Carolina, County of NEW HANOVER Filed For Registration: 12/08/2017 01:26:32 PM Book: RB 6107 Page: 1619-1628 10 PGS $26.00 Real Property $26.00 Recorder: ANGELA ENGLISH Document No: 2017039475 NEW HANOVER COUNTY ESTABLISHED LI NORTH CAROLINA DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording.