29 BOOK PAGE 1457 1345 STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER.
RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DE ES NEW HANO MAY 26 11 03 AM '89 DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS, COVENANTS, AGREEMENTS, LIENS AND CHARGES (OR RESTRICTIVE COVENANTS) KURE BY THE SEA LOTS 23 THROUGH 44, PHASE I on't THIS DECLARATION made this the 25TH day of MAY, 1989, by KURE BY THE SEA LIMITED PARTNERSHIP, a North Carolina Limited Partnership (see Certificate filed in Book 1449 at Page 1427 of the New Hanover County Registry) with an address of P. O. Box 999, Hampstead, N.C. 28443, hereinafter called "Declarant"; WITNESSETH: WHEREAS, Declarant is the owner of that certain real property located in the Town of Kure Beach, New Hanover County, North Carolina, as set forth on that certain survey map or plat entitled: 18 .
PHASE I, KURE BY THE SEA H hereinafter sometimes referred to as "map", which map or plat is recorded in Map Book 29 at Page 151 in the Office of the Register of Deeds of New Hanover County, North Carolina, said property being more particularly described on said map or plat.
WHEREAS, it is the desire and intention of Declarant to sell the lots set out and described below and to impose upon those lots mutually, beneficial nants and agreements restrictions, conditions, easements, coveunder a general plan or scheme of improvements for the benefit of said lots as well as the future owners of lots in KURE BY THE SEA ALL PHASES; NOW, THEREFORE, Declarant hereby declares that Lots 23 are held and shall be through 44, of Phase I of Kure By the Sea held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to the following provisions, restrictions, conditions, easements, covenants and agreements all
the Sea held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to the following provisions, restrictions, conditions, easements, covenants and agreements all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of the said real property and are established enhancing and protecting and agreed upon for the purpose of attractiveness of said real property the value, desirability, and and every part thereof, and 155961 all of which shall run with the land and shall be binding on all RETURNED TO اکیا Tomuge four 14 BOOK PAGE 1451 1346 PAGE 2 parties having or acquiring any right, title or interest in the above named lots or any part thereof.
1.
DEFINITIONS. As used in this Declaration of Restrictive Covenants, the following terms shall mean: (a) "Declarant" (sometimes referred to as the "Company" as its used herein shall mean KURE BY THE SEA LIMITED PARTNERSHIP, successors and assigns.
(b) "Record" or (c) "Recording" refers to record or recording with the Register of Deeds of New Hanover County, North Carolina.
"Property" generally means the lands known as KURE BY THE SEA, ALL PHASES, in the Town of Kure Beach, New Hanover County, North Carolina.
(d) "Residential Lots" or "Lots" means the lots specifically set forth above, to-wit: Lots 23 through 44, of Phase I, KURE BY THE SEA.
(e) "Association" shall mean the KURE BY THE SEA ASSOCIATION, INC., its successors and assigns.
(f) OWNERS' "Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictive Covenants.
2.
APPLICABILITY. These Restrictions shall apply to all of Lots 23 through 44 as shown on the above referred to map of PHASE I, KURE BY THE SEA.
or
forth in this Declaration of Restrictive Covenants.
2.
APPLICABILITY. These Restrictions shall apply to all of Lots 23 through 44 as shown on the above referred to map of PHASE I, KURE BY THE SEA.
or 3. (a) RESERVATIONS. The Company reserves the right to change, alter redesignate roads, utility and drainage facilities, and to change, alter or redesignate such other present and proposed amenities or facilities as may, in the sole judgment of the Company, be necessary or desirable. Provided, however, such changes shall be deemed to affect any lots previously conveyed by the Declarant.
VARIANCES.
no (b) The Company and/or the Architectural Committee appointed by the Company shall have the power to and may allow adjustments to the conditions and restrictions herein in order to overcome practical difficulties and prevent unnecessary hardships in application of the regulations contained herein, provided, however, that such is done in conformity with the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental injurious to other property or improvements in the neighborhood.
Variances and adjustment of height, size and setback requirements may be granted hereunder.
or or (c) BUILDING AND SITE IMPROVEMENTS. No building, fence, wall, bulkheading or other structure shall be erected, placed altered on any residential lot, nor shall the grade or elevation or physical characteristics including, but not limited to, slopes, dunes, and tree growth, on any such lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, BOOK PAGE PAGE 3 1457 1347 specifications, exterior the that colors and finishes, including brick
ereof, be altered in any way whatsoever, until the proposed building plans, BOOK PAGE PAGE 3 1457 1347 specifications, exterior the that colors and finishes, including brick siding, etc., site and landscaping plans (showing the proposed location, height and orientation of such building or structure, drives, parking areas and proposed alterations to the grade, elevation or physical characteristics of the site), and construction schedule shall have been approved in writing by Company. Refusal of approval of any such plans, location or specifications may be based by the Company upon any grounds including purely aesthetic and environmental considerations, in the sole and uncontrolled discretion of the Company shall seem sufficient. Without the prior written consent of the Company, no changes or deviations in or from such plans or specifications as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Company. One (1) copy of all plans and related data shall be furnished to the Company for its records. The Company shall not be responsible for any structural or other defects in plans or specifications submitted to it or in any structure erected according to such plans and specifications.
No more than 1686 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina and therefore provision may be enforced by the State of North Carolina through its duly authorized agencies.
this
ntinued compliance with stormwater runoff rules adopted by the State of North Carolina and therefore provision may be enforced by the State of North Carolina through its duly authorized agencies.
this 5. APPROVAL OF PLANS. (a) No house plans will be approved unless the proposed house will have the minimum required square footage of enclosed dwelling area. The term "enclosed dwelling area' as used in the minimum size requirements shall mean the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. The minimum enclosed dwelling area shall be 1200 square feet.
setback (b) KURE BY THE SEA BUILDING SETBACK GUIDELINE REQUIREMENTS.
Since the establishment of standard inflexible building lines for location of houses on lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the Ocean, preservation of land contour, important trees and other vegetation, ecological and related considerations, variances for these specific setback guidelines are permitted under these Restrictions in Paragraph 3 (b) hereinabove. In order to assure, however, that the foregoing considerations are given maximum BOOK PAGE PAGE 4 1451 1348 effect, the Company reserves the right to control and approve absolutely the site, location, orientation and floor elevations of any house or dwelling or other structure upon any lot. Planting in areas outside the designated building site is limited to grass, flowers, and shrubs having a height of not more than 14 feet above mean low water of the Atlantic Ocean or average dune height whichever is greater.
e the designated building site is limited to grass, flowers, and shrubs having a height of not more than 14 feet above mean low water of the Atlantic Ocean or average dune height whichever is greater.
(c) The exterior of all houses and other structures must be completed within six (6) months after the construction of same shall be commenced, except where such completion is impossible would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities.
or (d) Service rooms, garages and shower facilities may be placed below the first living floor provided suitable screening is provided.
(e) Each lot owner shall provide receptacles for garbage, in a screened area not generally visible from the road, or provide underground receptacles or similar facility in accordance with reasonable standards established by the Company.
(f) Subject to any other limitations imposed by the zoning except as ordinance of the Town of Kure Beach, no structure, hereinafter provided, shall be erected, altered, placed or residential lot other than a detached permitted to remain on any single family dwelling not to exceed two and one-half (2-1/2)) writing a unless stories in height, the Company approves in structure of more than two (2) stories pursuant to Paragraphs 3(b) and 4(a) hereof. No building or other structure, or part thereof, at any time situate on such residential lots shall be used as a professional office or charitable or religious institution, or for no on business or manufacturing purposes, ΟΙ for any use whatsoever other than residential and dwelling purposes as aforesaid; and duplex residence or apartment house shall be erected or placed or allowed to occupy such residential lots and no building
use whatsoever other than residential and dwelling purposes as aforesaid; and duplex residence or apartment house shall be erected or placed or allowed to occupy such residential lots and no building be altered or converted into a duplex residence or apartment house thereon. In addition, no residence shall be converted to ΟΙ shall BOOK PAGE 1457 1349 PAGE 5 marketed under a time-share plan as defined by the General Statutes of North Carolina.
(g) If the comply with the finished building or other structure does not submitted plans and specifications, the Company retains the right to make the necessary changes at owner's expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred.
5.
RESIDENTIAL USE: (a) All of the above described lots shall be used for residential purposes exclusively.
(b) No trailer, tent, mobile home, or other structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to during the construction of the shelters used by the contractor main dwelling house, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences permitted to remain on the lot after completion of construction.
or (c) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within a screened area, or buried underground; provided, however, that nothing contained herein shall prevent the Company from erecting, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service.
6.
MAINTENANCE. (a) It shall be the responsibility of each
lacing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service.
6.
MAINTENANCE. (a) It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkempt conditions of buildings or grounds on such lot which shall tend to substantially decrease the beauty of KURE BY THE SEA.
(b) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, neighborhood.
discomfort, annoyance, or nuisance to the There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof.
and 800 PAGE 1457 1350 PAGE 6 upon any tractors 7. ENTRY. The Company reserves for itself, its successors assigns, and its agents the right to enter residential lot, such entry to be made by personnel with or other suitable devices, for the purposes of mowing, removing, clearing, cutting or pruning underbrush, hedges (to enforce height limitations), weeds or other unsightly growth, or for the purpose of building or repairing any land contour or other dunework, which in the opinion of the Company detracts from or is necessary maintain the overall beauty, ecology, setting and safety of property. Such entrance shall not be deemed a trespass.
Company and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this Paragraph shall
espass.
Company and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this Paragraph shall not be construed as an obligation on the part of the Company undertake any of the foregoing.
8. MISCELLANEOUS EASEMENTS.
to the The to The Company reserves unto itself, its successors and assigns, a perpetual, alienable releasable easement and right on, over and under the ground men and equipment to erect, maintain, inspect, repair wires, cables, conduits, sewers, water mains and other and with and use suitable equipment for the conveyance and use of electricity and telephone water or other public conveniences of equipment, sewer, gas, utilities on, in or over the rear ten (10) feet of each lot as recorded plat. This easement and right expressly cut any trees, bushes, or shrubbery, make shown on the includes the right to any grading of the soil, or to take reasonably necessary installation and to maintain reasonable standards of health, similar any other to provide economic safe utility action and safety and Such rights may appearance.
be exercised by any licensee of the Company, but this reservation shall not be considered an obligation of the Company to provide or maintain any such utility or service.
9. SUBDIVIDING.
No lot shall be subdivided, ΟΙ its of boundary lines changed except with the prior written consent the Company. However, the Company hereby expressly reserves to itself, its successors and assigns, the right to replat any two BOOK PAGE 1451 1351 PAGE 7 + (2) or more lots set forth above in order to create a modified building lot or lots; and to take such steps as are reasonably
to replat any two BOOK PAGE 1451 1351 PAGE 7 + (2) or more lots set forth above in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include, but not to be limited to, the relocation of easements, walkways, and rights-of-way conform to the new boundaries of the said replatted lots.
to the to 10. MEMBERSHIP IN ASSOCIATION. By the recording of deed to his or her lot, the lot purchaser becomes and agrees become a member of the Kure By the Sea Owners Association, if and when such an Association is formed, and agrees to abide by, and be subject to, the charter and by-laws of the Association and these Restrictions.
WITH THE LAND.
11. COVENANTS RUN All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming under them to specifically include, but not be limited to, the successors and assigns, if any, of the Company, for a period of ten (10) years from the date hereof after which time all said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the above numbered lots has been recorded, agreeing to change said covenants in whole or part.
any of lot owner, in such 12. VIOLATIONS. In the event of a violation or breach of these Restrictions by any of or agent owner, the Company or owners of any other property in KURE BY THE SEA ALL PHASES, or any of them jointly or severally shall have the right to proceed at law or equity to compel a compliance with the terms hereof or to prevent a violation or breach. In addition to
HE SEA ALL PHASES, or any of them jointly or severally shall have the right to proceed at law or equity to compel a compliance with the terms hereof or to prevent a violation or breach. In addition to the foregoing, the Company shall have the right, whenever there shall have been built on lot any any structure violation of these restrictions to enter upon the lot on which said violation exists and summarily abate or remove the same at the expense of the owner, if thirty (30) days after written notice of such violation it shall not have been corrected by the owner.
Any such entry and abatement for removal shall not be deemed which is in a BOOK PAGE PAGE 8 1457 1352 trespass. The failure to enforce any right, restrictions, or condition contained in these reservations, Restrictions, however, long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement.
13. DEDICATION ΤΟ Restrictions, nor in the these PUBLIC USE.
recording of any Nothing in plat or deed pursuant dedicate) to public use hereto, shall dedicate (or be deemed to any of the streets, common lands or other grounds within KURE BY THE SEA.
14.
lot No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspaper or magazines or similar material shall be erected or located on any building unless and until the size, location, design and type of material shall have been approved by the for said box or receptacle Company.
15. Exterior radio and television aerials for reception permitted in KURE BY THE SEA; of commercial broadcasts shall not be and no other aerials (for example, without limitation, amateur
acle Company.
15. Exterior radio and television aerials for reception permitted in KURE BY THE SEA; of commercial broadcasts shall not be and no other aerials (for example, without limitation, amateur short wave or ship to shore) shall be permitted in KURE BY THE SEA without permission of the Company as to design, appearance and location.
16. During construction all vehicles involved including must enter on the damage those delivering supplies the building lot driveway only Company so as not to as approved by the During construction unnecessarily natural vegetation and dunes.
builder must keep the homes, garages, and building sites clean.
All building debris, stumps, bushes, etc., must be removed each building lot by builder as often as necessary to keep the house and lot attractive. Such debris will not be dumped in any area of the Subdivision.
from 17.
any other property owner or No property owner will do or permit to be done any upon his property which may be or is or may become a nuisance resident. There shall be act to no BOOK PAGE 1457 1353 PAGE 9 discharging of firearms, guns or pistols, of any kind, type, or method of propulsion.
caliber, 18. No personal sign of any character shall be displayed approval.
upon any part of the property without the Company's prior The Company, however reserves the right to display its "for sale" or "for rent" signs without limitation for so long as it is involved in developing the KURE BY THE SEA Project.
19. No animals, birds, or fowl shall be kept or maintained on any part of the property except dogs, cats and pet birds, which may be kept thereon in reasonable numbers as pets for the pleasure and use of the occupants but not for any commercial use or purpose.
n any part of the property except dogs, cats and pet birds, which may be kept thereon in reasonable numbers as pets for the pleasure and use of the occupants but not for any commercial use or purpose.
20. Clotheslines or drying yards shall be located as not to be visible from the street or common easement area serving the premises or from the waterfront.
21.
No trailers or habitable motor vehicles of any nature, boats or canoes on or off trailers, may be parked on any part of the property unless inside an enclosed garage.
also apply to the common easement area.
These prohibitions 22. No individual water supply system shall be permitted except a non-potable lawn irrigation system not connected to any building. A shallow well may be permitted for such water supply.
tank, and pump house, if any, pressure The pump, considered structures.
shall be 23. Each and every covenant and restriction contained herein shall be considered to be an independent and separate covenant and agreement, and in the event any one or more of said covenants or restrictions shall, unenforceable, all remaining covenants and for any reason, be held to be invalid, or restrictions shall nevertheless remain in full force and effect.
24.
contract or deed The Company include may in any hereafter made any additional covenants and restrictions that not inconsistent with and which do not lower the standards of covenants and restrictions set forth herein.
are the development the 25. If the Company shall transfer or assign the of such Subdivision or if it shall be succeeded by another in BOOK PAGE 1457 1354 development of such Subdivision, PAGE 10 then such transferee, assignee, or successor shall be vested with the several rights, powers, authorities given said Company by any
UNE.DEC BOOK PAGE 1457 1354 development of such Subdivision, PAGE 10 then such transferee, assignee, or successor shall be vested with the several rights, powers, authorities given said Company by any privileges, or part or paragraph hereof. The foregoing provisions of this Paragraph shall be automatic, but the Company may execute such instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and authorities in such transferee, assignee, or successor.
26. The covenants and restrictions herein shall be deemed to be covenants running with the land. If any person claiming under the Company shall violate or attempt to violate any of such restrictions or covenants, it shall be lawful for the Company, or any person or persons owning property in KURE BY THE SEA ALL PHASES, and damaged by said violation: (A) To prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to violate any such covenant or restriction, or (B) to maintain a proceeding in equity against the person or persons so violating or such covenant or restriction for the violation, provided however, that contained shall be construed as now or hereafter provided by law.
attempting to violate any purpose of preventing such the remedies in this Paragraph cumulative of all other remedies Without limiting the foregoing provisions of this paragraph, enforcement of these covenants restrictions may be by the KURE BY ASSOCIATION, INC.
27. And the and THE SEA PROPERTY OWNERS said Company hereby covenants and agrees that sale or deed made every contract of by the Company wherein described any of the above residential lots of said land, to-wit: is Lots 23 through 44, shall include or be subject to, by reference or otherwise, each
d made every contract of by the Company wherein described any of the above residential lots of said land, to-wit: is Lots 23 through 44, shall include or be subject to, by reference or otherwise, each and every covenant and restriction herein written, or the substance thereof, and, subject to the reservation herein, the Company shall conform with and abide by the foregoing covenants as to all of said lots.
IN WITNESS WHEREOF, the Declarant has caused this instrument BOOK PAGE PAGE 11 1457 1355 to be signed in its name by its Partners, all on the day and year first hereinabove written.
POR (Asst.) Secretary SEAL) KURE THE SEA LIMITED PARTNERSHIP BY: THE SUSSEX EAST COMPANY, General partner BY: Thomas D. Wight President NORTH CAROLINA, COUNTY OF NEW HANOVER I, NEW for the county of Navil hereby certify that' appeared before me this .
a Notary Public in and and State of North Carolina do touch!
that personally the is a North Carolina and acknowledged (Asst.) Secretary of THE SUSSEX EAST COMPANY, corporation, GENERAL PARTNER OF KURE BY THE SEA, a North Carolina Limited Partnership, and that by authority duly given and as the act of the corporation, the foregoing instrument was duly signed in its name by its President, sealed with its corporate seal and attested by himself WITNESS my hand and 1989.
as its Secretary.
notarial seal, this 25 day of AUTH ion expires: $190 7-28-90 NOTARY PUBLIC Sarolan BOUR PAGE 1457 1356 JOINDER AND CONSENT OF TRUSTEES AND BENEFICIARIES/MORTGAGEES banking R. HOOKER THOMAS, III, Substitute Trustee, and PLANTERS NATIONAL BANK AND TRUST COMPANY, Mortgagee, a National Association, join in the execution of this Declaration of Covenants, Conditions and Restrictions for the sole purpose of
te Trustee, and PLANTERS NATIONAL BANK AND TRUST COMPANY, Mortgagee, a National Association, join in the execution of this Declaration of Covenants, Conditions and Restrictions for the sole purpose of subjecting, submitting and subordinating, and they, and each of them, do hereby subject, submit and subordinate any and all right, title and interest in the property known as Lots 23-44, KURE BY THE SEA, Phase I, and shown on a map of said property recorded Map Book 29 at Page 151 of the New Hanover County Registry, that they have, or either of them has, or may have, by virtuee of that deed of trust recorded in Book 1358 at Page 171 of the New Hanover County Registry to said Declaration, and every provision thereof, and to the jurisdiction of KURE BY THE SEA OWNERS ASSOCIATION, INC. as the same may be amended from time to time.
in IN WITNESS WHEREOF, R. HOOKER THOMAS, III, SUBSTITUTE UBTRE, has hereunto set his hand and seal, AND PLANTERS NATIONAL JEAN ✓ TRUST COMPANY, N.A. has caused this JOINDER AND CONSENT be signed in its corporate name by its duly authorized officers its corporate seal to be hereunto affixed all by authority of Board of Directors all on this the 25th day of MAY, 1989.
R. Her me, IT (SEAL) R. HOOKER THOMAS, III SUBSTITUTE TRUSTEE PLANTERS NATIONAL BANK & TRUST CO.
BY: R. Hasker Thomes re .President Senior Vice Pr Michal Dolliver ASST, Secretary (CORPORATE SEAL) CASHIER STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER.
PERSONALLY APPEARED before me, DAVID B. PHILLIPS a Notary Public in and for the said County and State, R. HOOKER THOMAS, III, SUBSTITUTE TRUSTEE, who acknowledged the due execution of the foregoing instrument for the uses and purposes Remein expressed.
NOTAR CNESS my hand and notarial seal this PUB ion expires: 4-1-92 NOVER David
ITUTE TRUSTEE, who acknowledged the due execution of the foregoing instrument for the uses and purposes Remein expressed.
NOTAR CNESS my hand and notarial seal this PUB ion expires: 4-1-92 NOVER David NOTARY PUBLIC 25th day of STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER.
I, DAVID 13. PHILLIPS personally appeared before me this day and BANK a Notary Public in and for the State and County aforesaid, do hereby certify that MICHAEL G.
DoLLiveR acknowledged that he is Secretary of PLANTERS NATIONAL AND TRUST COMPANY, a National Banking Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Semi President, sealed with its corporate seal and attested by its Assi.
Secretary.
PHILLIPSWEETNESS TARY 09.
my hand and on expires: notarial sea, 4-1-90' 15 Mud Bill Ө NOTARY PUBLIC day of ER 1457 13561 STATE OF NORTH CAROLINA, New Hanover County The Foregoing Certificate(s) of Public This 26 day of May Dannie Ruth Gardner and David B. Phillips, Notaries A.D., 1989 ✓ (s) (are) certified to be correct.
Rebecca P. Tucker, Register of Deeds m By Rudy M. Holiday, Дерићу