10 Prepoveday Dind vide PAGE 1415 0696 REBECCA P. TUCKER REGISTER OF DEEDS/ NEW HANOVER CO. NC MAY 16 10 57 AM '88 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DECLARATION : DECLARATION OF RESTRICTIONS made this 9th day of May , 1988, by JAMES R. BURRIS and wife, SARAH M. BURRIS.
WITNESSETH: THAT, WHEREAS, James R. Burris owners of Lots 1, 2, 3, & 5 recorded in Map Book 22 at Page 10 Deeds; and and wife, Sarah M. Burris are the in La Foret Subdivision, a map which is of the New Hanover County Register of WHEREAS, it is the desire of James R. Burris and wife, Sarah M.
Burris, for themselves, their successors and assigns, to provide for a uniform development of said property in order to preserve its value and to protect the property owners; NOW, THEREFORE, the said James R. Burris and wife, Sarah M. Burris, (hereinafter referred to as "Burris and wife.") for themselves, their successors and assigns, do hereby declare that the following restrictions shall apply to all lots located in the said subdivision known as La Foret, a map of which is recorded in the New Hanover County Registry in Map Book 22 at Page 10, and that the said restrictions hereinafter set forth shall be binding upon all parties claiming title to said lots under the said James R. Burris and wife, Sarah M. Burris.
1.
Building and Site Improvement and Approval of Plans.
(a) No building, fence, wall, or other structure shall be erected, placed or altered on any lot, nor shall the grade or elevation or physical characteristics of any such lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, specifications, exterior colors and finishes, site and grading plan (showing the proposed location of such building or structure, drives, parking areas and proposed
until the proposed building plans, specifications, exterior colors and finishes, site and grading plan (showing the proposed location 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 Burris and wife.
Refusal or approval of any such plans, location or specifications may be based by Burris and wife, upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of Burris and wife, shall seem sufficient.
No house plans will be approved unless the proposed house will have the minimum required square footage of enclosed dwelling area. Such minimum requirements for each lot shall be no less than 2,000 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used in these minimum size requirements shall mean the total enclosed area within a dwelling; provided, however, that such tera does not inclle garages, terraces, decks, open porches, and like areas; provided furthe. at shed type porches, even though attached to the house, are specifical..
from the definition of the aforesaid term, "enclosed dwelling area.
Inded lot other than a detached stories in height, and one (b) No structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any single family dwelling not to exceed three (3) or more small accessory buildings (which may include a detached private garage). Such accessory building may not be constructed prior to the construction of the main building.
(c) No domesticated animals shall be kept on the property other than household pets.
2.
(d) No metal storage buildings shall be allowed.
be constructed prior to the construction of the main building.
(c) No domesticated animals shall be kept on the property other than household pets.
2.
(d) No metal storage buildings shall be allowed.
Residential Use.
(a) All lots shall be used for residential purposes.
(b) No trailer, tent or other structure of a temporary character 126643 1008 PAGE 1415 0697 any lot at any apply to shelters shall be placed upon prohibition shall not construction of a main dwelling house, time, provided, however, that this used by a contractor during the it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the lot after completion of construction.
view.
house, (c) No fuel tanks or similar storage receptacles may be exposed to Any such receptacles may be installed only within the main dwelling within an accessory building, within a screened area, or buried underground.
(d) Prior to the occupancy of a residence on any lot, suitable provisions shall be made for the disposal of sewage by means of a proper and septic tank or other method, provided that any such method must be approved by appropriate State or County health authorities. As soon as a county sewage system with a line to the street in front of the lot is available, sewage disposal shall be only by such system.
3. Maintenance.
(a) It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept conditions of buildings or grounds on such lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the specific area. Storage of inoperable motor vehicles, installation of antennas and satellite disk shall be specifically prohibited hereunder.
y decrease the beauty of the neighborhood as a whole or the specific area. Storage of inoperable motor vehicles, installation of antennas and satellite disk shall be specifically prohibited hereunder.
(b) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence are 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.
4. Signs. No sign of any character shall be displayed on any lot except (a) a temporary "For Sale" sign, (b) a property or owner identification sign.
5. Subdividing. No lot shall be subdivided, or its boundary lines changed except with the prior written consent of Burris and wife.
6. Fences. Fences shall be permitted only on the rear portion of a lot, that is that portion lying to the rear of the extreme rear elevation of the main dwelling erected thereon. In no event shall fences of an unsightly nature be allowed and the developer reserves the right to approve or disapprove of the fence to be erected on any lot. The primary purpose of the provision is to prohibit chicken wire or barbed wire fences and others of a similar nature.
7.
Covenants Run With the Land.
All covenants, restriction 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 (10) years from the date
ions 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 (10) years from the date hereof after which time all said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by a majority of the owners of lots (not including mortgagees or trustees under deeds of trust) substantially affected by such changes in covenants, has been recorded, agreeing to change said covenants in whole or in part.
any, of Burris and wife. for a period of ten of any of these 8. Violations. In the event of a violation or breach Restrictions by any lot owner, or agent of such owner, Burris and wife, or the owner of any other property in La Foret, or any of them jointly or severally shall have the right to proceed at law or equity to compel a compliance to the terms hereof or to prevent the violation of breach. The failure to enforce any right, reservations, restrictions, or conditions contained in these 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 affect is enforcement.
bar or #008 PAGE I 9. Invalidation. The invalidation by any court, agency or legislation of any provision of these Restrictions shall in no way affect any of the other provisions of these Restrictions, but they shall remain in full force and effect.
10.
Modifications.
the Burris and wife, specifically reserve the right to amend or change any part or all of restrictions, covenants and conditions herein set out by the filing in the Office of the Register of
ications.
the Burris and wife, specifically reserve the right to amend or change any part or all of restrictions, covenants and conditions herein set out by the filing in the Office of the Register of Deeds of New Hanover County a declaration of amended restrictive covenants, which such amendments, modifications or additions to the restrictive covenants contained in this Declaration shall be made applicable only to lots conveyed subsequent to the recording of such declaration of amended restrictive covenants, or by modifications contained in deeds conveying said lots.
IN WITNESS WHEREOF, Burris and wife, have caused this instrument to be signed on their behalf, and have hereunto set their hands and seals, all as of the day and year first above written.
JAMES R. BURRIS Sarah M. Bunis SARAH M. BURRIS (SEAL) (SEAL) NORTH CAROLINA, New Hanover County.
Witness my I, a Notary Public of the County and State aforesaid, certify that JAMES R.
BURRIS AND WIFE, SARAH M. BURRIS, personally appeared before me this day and acknowledged the execution of the foregoing instrument.
hand and official stamp or seal, this 1988 .
9th My commission expires: November 22, 1991 E day of May Notary Public.
ANCE NOTARY PUBLIC NEW HANOVER COUNTY N.C.
STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificate of Elizabeth W. Yancey, Notary Public certified to be correct.
This the 16 day of May 1988 Rebecca P. Tucker, Register of Deeds By Mary Sue Otte, hest.