700 1.80 RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NC BOOK PAGE 1373 1947 MAY 5 4 04-PH '87 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF RESTRICTIVE COVENANTS OF LONG LEAF ACRES EXTENSION SECTION 1 KNOW ALL NEW BY THESE PRESENTS: That CLARK & FARRELL, INC., a North Carolina Corporation, (herein referred to as the "Declarant"), in order to provide for the preservation of property values and the desirability and attractiveness of the property in LONG LEAF ACRES EXTENSION, SECTION 1, does hereby agree with all parties hereafter acquiring any residential lots shown on the map of LONG LEAF ACRES EXTENSION, SECTION 1, recorded in Map Book at Page in the Office of the Register of Deeds of New Hanover County, that all of the lots in said subdivision shall be, and the same are hereby, subjected to the following restrictions, covenants, conditions, easements, assessments and liens relating to the use and occupancy thereof, which shall be construed as covenants running with the land and which shall be binding upon all parties acquiring any right, title or interest in any of the property in said subdivision and which shall inure to the benefit of each owner thereof: 1. All lots shall be used for residential purposes only. No commercial use shall be made of the property.
2. No structure shall be erected, altered, placed or permitted to remain on any lot other than a detached single family dwelling not to exceed two and one-half stories in height, and one or more small accessory buildings (which may include a detached private garage, but not garage apartments); provided, further, that such buildings are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the
e garage, but not garage apartments); provided, further, that such buildings are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the 106 construction of the main building.
3. No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within the main dwelling house, within an accessory building, within a screened area, or buried underground, 4. No trailer, mobile home, basement, tent, shack, garage or garage apartment, barn or other outbuilding erected on any lot shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted, nor shall any such structure or trailer be placed on said lot.
5. (a) The design of all buildings which shall be erected or moved onto any lot will be subject to the approval of Declarant, or its designee.
Upon written request by a lot owner for approval of plans, the developer shall have twenty (20) days to approve or disapprove the plans. In the event of failure to approve or disapprove within twenty (20) days, such approval will not be required provided the design of the proposed building is in harmony with the existing structures in the subdivision.
(b) In any case with or without approval, no dwelling shall be constructed on any lot in the subdivision containing less than 1,200 square feet, when measured by exterior brick work, which square footage shall be exclusive of porches, steps, walks, garages, carports, storage areas, etc.
6. The Developer reserves the right to subject the real property in this subdivision to a contract with Carolina Power and Light Company for the installation of underground electric cables which may require an initial
reserves the right to subject the real property in this subdivision to a contract with Carolina Power and Light Company for the installation of underground electric cables which may require an initial contribution and/or the installation of street lighting which will require a continuing monthly payment to Carolina Power and Light Company by the owner of each lot.
RETURNED TO $ DRAFTSMAN: DAVID C. BAREFOOT BURNEY, BURNEY, BAREFOOT & BAIN 110 N. 5TH AVE./P.O.BOX 89 097493 BOOK PAGE 1373 1948 7. It is agreed that in order to obtain electricity service, telephone service, and cable television service to the parcel of land conveyed by the conveyance, and other property adjacent to it, an easement along the front property line or back property line may be required by the Carolina Power and Light Company, the Southern Bell Telephone and Telegraph Company, and Cable Television Company, and that if one or all of the aforementioned companies shall request such easement, it will be granted by the property owners without charge.
8. No trees, exceeding three (3) inches in diameter measured one (1) foot above ground, bushes, shrubs, or other vegetation whatever, may be removed from any lot without prior written approval of Declarant, or its designee, based upon a site plan, landscaping plan or planting plan submitted to Declarant, or its designee. This restriction shall become void twenty (20) years from this date.
9. No noxious or offensive trade or activity shall be carried on or maintained upon said lot or part of any lot, or shall any use be made of any portion of said property which may be or become an annoyance or nuisance to the neighborhood. No domesticated farm animals or fowls shall be kept on the
art of any lot, or shall any use be made of any portion of said property which may be or become an annoyance or nuisance to the neighborhood. No domesticated farm animals or fowls shall be kept on the property. In the event yards are not properly maintained, they shall be cleaned up at the owner's expense. Unsightly inoperative junk cars and like eyesores cannot be maintained on the property either prior to or after the residence has been erected.
10. 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 would tend to substantially decrease the beauty of the neighborhood as a whole or the specific area.
11. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which will remain in full force and effect.
12. No inoperable vehicle or vehicle without current registration and insurance will be permitted on any lot any time.
13. No part of any building erected on any lot herein conveyed shall be nearer that thirty-five (35) feet to the front property line of said lot, not nearer than ten percent (10%) of the front width of said lot to any side boundary line. Provided, however, if the owner of two or more lots shall elect to use them for one residence, the boundary line or lines between the lots so used shall not be regarded as side boundary lines of the lots. 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 written consent of the owner or owners for the time being of the lots adjacent to said lot upon which violation has occurred thereby to change such restrictions accordingly,
ght by and with the mutual written consent of the owner or owners for the time being of the lots adjacent to said lot upon which violation has occurred thereby to change such restrictions accordingly, provided, however, that such change shall not exceed ten percent (10%) of the marginal requirements of such building line restrictions.
14. No television satellite signal receiving dishes will be permitted on any lot at any time and no chain link or wire fences shall at any time be placed or permitted to remain in the front yard of any lot.
15. All covenants and restrictions herein shall run with the land and shall be binding on all parties owning lots in said subdivision for a period of twenty (20) years from the date hereof, at which time these covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the majority of the then owners of said lots not under legal disability, it is agreed to revoke or amend same. These restrictions may be amended at any time by a majority vote of the lot owners.
16. If the purchaser of any lots or their heirs, or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violations.
BOOK PAGE 1373 1949 IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers, this the ATTEST: 134 day of may CLARK & FARRELL, INC., 1987.
ST: Larry Paramore BY Larry President
to be executed in its corporate name and its corporate seal affixed by its duly authorized officers, this the ATTEST: 134 day of may CLARK & FARRELL, INC., 1987.
ST: Larry Paramore BY Larry President Clark Secretary STATE OF NORTH CAROLINA COUNTY OF New Hanover I. Virginiw w.Goodwin State do a Notary Public in and for the hereby certify that Catherine N.
aforesaid County and Clark personally appeared before me this day and acknowledged that he/she is the Assistant Secretary of CLARK & FARRELL, INC., a North Carolina corporation, and that by authority duly given and as the act of the said corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by him/herself as its Assistent Secretary.
may WITNESS my hand and notarial seal, this the 1st day of 1987.
My commission expires: 9-9-91 (NOTARIAL SEAL) VIRGINIA NEW พ.
GOODWIN N. C.
NOTARY PUBLIC COUNTY, MANOVER Notary Public STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of Certificate of VIRMnia W. Goodwin Notary Public is certified to be correct.
day of May 1987.
REBECCA P. TUCKER REGISTER OF DEEDS NEW HANOVER COUNTY, NORTH CAROLINA for anlia Baham Deputy/Ass't.