Cu NORTH CAROLINA NEW HANOVER COUNTY DECLARATION ESTABLISHING A PLAN FOR COMMON OWNERSHIP AND MAINTENANCE 2007060557 FOR REGISTRATION REGISTER OF DEEDS REBECCA P. SMITH INSTRUMENT #2007060557 This Declaration, made as of December 21, 2007, by and among H&Y Group, LLC, a North Carolina Limited Liability Company (hereinafter "Declarant"), whose address is PO Box 818, Hampstead NC 28443, and ALL PROSPECTIVE PURCHASERS OR OWNERS of property located on Lot 2, Block 11, Love Grove as more fully described on the attached Exhibit A and Exhibit B; (The designation Declarant, Purchaser, and Owner as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context); 1.
RECITALS: Declarant has constructed and is the owner of two individual duplex units sharing a common party wall and being located on Lot 2, Block 11, Love Grove as more fully described on the attached Exhibit A and Exhibit B, hereinafter referred to as the Premises.
2.
Declarants desires to sell individual one-half (½) undivided interests in the unit together with the land on which it is situated, with exclusive use of the portions thereof as set forth herein.
3.
Declarant now desires to establish this Declaration to define the responsibilities of Owners and Purchasers of individual duplex units.
NOW, THEREFORE, in consideration of the above, Declarant now establishes that all future Return To James S. Price and Associates Tả purchasers and owners (including their heirs and assigns) of duplex units on the Premises shall be subject to the following: SECTION ONE OWNERSHIP OF PROPERTY Declarant owns certain real property more particularly described in Exhibit A and Exhibit B hereto attached.
SECTION TWO
e Premises shall be subject to the following: SECTION ONE OWNERSHIP OF PROPERTY Declarant owns certain real property more particularly described in Exhibit A and Exhibit B hereto attached.
SECTION TWO DESCRIPTION OF PROJECT The above-described property is improved by the construction of a duplex residence on the tract.
The above-described real property and duplex residence upon said property is hereby divided into two separate one-half (½) undivided interests, herein called Side A and Side B.
SECTION THREE ALLOCATION OF AREAS A. The Purchaser or Owner of unit labeled "1415” shall have the exclusive use and possession of Side A and the Purchaser or Owner of the unit labeled "1417” shall have the exclusive use and possession of Side B of said duplex unit and lot, all as shown on the attached Exhibit B.
B. Each Owner is granted a perpetual easement for the purposes of servicing, repairing and maintaining utilities (water, sewer, electrical, cable elevision, etc.) as necessary.
C.
The Owner of the unit labeled 1415 shall have the exclusive use and possession of the two parking spaces that lie exclusively on Side A per the attached Exhibit B. The Owner of the unit labeled 1417 shall have the exclusive use and possession of the two parking spaces that lie exclusively on Side B per the attached Exhibit B. The remaining parking space that lies partially on Side A and Side B shall be used and shared jointly between the Owners of 1415 and 1417.
SECTION FOUR INSURANCE A. Each party shall cause his share of the premises to be fully insured in an amount mutually agreed upon, including flood insurance, fire and other casualty insurance with extended coverage, to the end that the premises are fully insured for replacement costs. Each party or owner shall furnish the other
, including flood insurance, fire and other casualty insurance with extended coverage, to the end that the premises are fully insured for replacement costs. Each party or owner shall furnish the other party or owner with a copy of such insurance policies and verification, by letter or otherwise, that said policies are in full force and effect. In the alternative, the parties may obtain joint coverage under one policy and divide the cost of the insurance between themselves as they agree.
B.
In the event of fire or other casualty to the structure located on the premises, the parties will, within 90 days after such casualty, restore the damaged structure to its former condition, using the insurance proceeds for said purpose.
SECTION FIVE MAINTENANCE AND REPAIR A.
Any Owners or Purchasers agree that the roof and exterior of the structure shall be maintained in good condition and agree to share equally in such maintenance. Any Owners of Purchasers agree to cooperate in matters mutually affecting the other, such as cost to repair, color of paint, type of shingles, etc., and to maintain the exterior of the premises and yard in a clean and neat condition and to remove trash and debris therefrom.
B.
Owners and Purchasers agree to share equally the cost of repair and maintenance or replacement of any common decks, stairways or driveways.
C. No unit owner may add to, delete from, modify, alter or otherwise make changes to the outside of any unit without the written permission of the other unit owner. The written permission must specify in detail the proposed changes and indicate that the same are agreed to. This prohibition shall include all structural and non-structural changes and shall include painting or otherwise modifying the color of each unit.
SECTION SIX TAXES
dicate that the same are agreed to. This prohibition shall include all structural and non-structural changes and shall include painting or otherwise modifying the color of each unit.
SECTION SIX TAXES Each Owner or Purchaser shall be responsible for and pay his share of the taxes and assessments made against the premises by any governmental authority.
SECTION SEVEN UTILITIES Each Owner or Purchaser shall be responsible for the payment of all utility charges for services provided to each respective unit.
SECTION EIGHT COOPERATION Each Owner or Purchaser shall reasonably cooperate with each other in all matters affecting the premises, and each agrees to keep the other fully informed on any matters of mutual interest regarding the premises.
SECTION NINE ARBITRATION/MEDIATION In the event of any dispute between the Owners or Purchasers arising out of this Declaration, or their performance hereunder, such dispute shall first be subjected to mediation between the parties by a mediator chosen by agreement between them. If a mediator has not been selected within 30 days after notice of the dispute has been given in writing by one party to the other, or a mediation is not successful, then the dispute shall be submitted to arbitration under the North Carolina Arbitration Act in accordance with its rules and regulations then appertaining, with the forum of said arbitration to be in New Hanover County, North Carolina. The decision of the arbitrator shall be final and binding on the parties and may enforced under the North Carolina Arbitration Act. The costs of the mediation shall be borne equally by the parties. The costs of the arbitration shall be as awarded by the arbitrator.
SECTION TEN OMITTED SECTION ELEVEN PROHIBITION AGAINST PARTITION
. The costs of the mediation shall be borne equally by the parties. The costs of the arbitration shall be as awarded by the arbitrator.
SECTION TEN OMITTED SECTION ELEVEN PROHIBITION AGAINST PARTITION Owners and Purchasers agree that neither party shall, without the joinder of the other, seek a partition of the premises or a sale in lieu of partition, and the parties agree that any such attempt is barred by this Declaration.
SECTION TWELVE AMENDMENT This Declaration may be amended or modified by mutual agreement by the then owners of the Premises provided such is in writing, references this Declaration, and is recorded in the Office of the Register of Deeds of New Hanover County.
SECTION THIRTEEN CONSTRUCTION This Declaration shall not be construed in favor of or against either of the parties.
SECTION FOURTEEN APPLICABLE LAW This Declaration shall be construed and interpreted in accordance with the laws of the State of North Carolina.
SECTION FIFTEEN EXECUTION This document may be signed in counterparts, all of which taken together shall constitute a single original document. Telefacsimile copies and photocopies of signed counterparts may be used with the same force and effect as the originally signed counterpart.
SECTION SIXTEEN RESTRICTIVE COVENANTS Each individual unit may be occupied and used by the respective owner as a private dwelling for the owner, and family, tenants and social guests, or for long or short term rental, and for no other purposes.
SECTION SEVENTEEN COMPLIANCE WITH DECLARATION Each owner, tenant, or occupant of a unit shall comply with the provisions of this Declaration as lawfully amended from time to time. Failure to comply with such provisions, decisions, or resolutions,
Each owner, tenant, or occupant of a unit shall comply with the provisions of this Declaration as lawfully amended from time to time. Failure to comply with such provisions, decisions, or resolutions, shall be grounds for action to recover damages or to seek injunctive relief.
SECTION EIGHTEEN ENTIRE AGREEMENT This Declaration contains the entire agreement between the parties, and there are no warranties, representations or other agreement, except as set forth herein. No agreement shall be effective to change, modify, or discharge this lease, or to waive any agreement or condition thereof, in whole or in part, unless such agreement is in writing and signed by both of the parties hereto.
SECTION NINETEEN BINDING EFFECT The terms, covenants and conditions of this Declaration shall be binding upon and inure to the benefit of each of the parties hereto, their respective heirs, executors, administrators, successors and assigns.
IN TESTIMONY WHEREOF, the Declarant has caused this instrument to be executed in such form as to be binding, all by authority duly given, this the day and year first above written.
SIGNATURE PAGES TO FOLLOW REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK H&Y Group, LLC Ladd 5.6 Ladd S. Gasparović Manager (SEAL) Pender _County, State of North Carolina I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Ladd S. Gasparovic- Manager of H&Y Group, LLC Witness my hand and Official Seal on this Date shown.
dawna denna coston Date: Notary Public My Commission Expires: 12.21.07 4.19.2011 8 LAURA LENORA COSTON Notary Public' Pender County My Commission expires 06/19/2011 NORTH CAROLINA
on this Date shown.
dawna denna coston Date: Notary Public My Commission Expires: 12.21.07 4.19.2011 8 LAURA LENORA COSTON Notary Public' Pender County My Commission expires 06/19/2011 NORTH CAROLINA Exhibit A (Property Description) BEING all of Lot 2, Block 11, Love Grove, as shown on that map recorded in Book 56 at Page 575 of the New Hanover County Registry. Grantor acquired said property in an instrument recorded in Book 5140 at Page 2560 of said Registry.
20 20 EXHIBIT "B" EXHIBIT "B" LOT 10 PLAT NORTH PB 56, PG 575 EIP RBS SETBACKS FRONT 15' SIDE 5' REAR 15' LEGEND ΕΙΡ ERB RBS EIS EXISTING IRON PIPE EXISTING REBAR · REBAR SET EXISTING IRON STAKE WM - WATER METER SCO - SEWER CLEAN OUT PP EB POWER POLE ELECTRICAL BOX 49.98 24.88 12.00 25.09 12.00 CONC RBS 2.107 12.00 29.97 0.11 AC CONC 12.00 20.17 19.93 1417 600 SF PARTY WALL 1415 606 SF 30.07 SCO SCO S 5.9 20.19 20.19 $25°02'20'W PORCH 20.07 20.07 5.9 M.02.20.925 JESUS QUIROZ DIAZ 99.91 PIN # R04806-005-013-000 48.83 NOTES NO NCGS MONUMENTS FOUND WITHIN 2000 FT.
THIS SUBJECT PROPERTY GRAPHICALLY DOES NOT APPEAR TO BE IN A FLOOD HAZARD AREA AS DETERMINED BY FEMA FLOOD RATE INSURANCE MAPS.
COMMUNITY PANEL # 370171 3128 J EFFECTIVE DATE APRIL 3, 2006 PROPERTY ZONED R-3 RESIDENTIAL DISTRICT ALL INFORMATION TAKEN FROM AN ACTUAL FIELD SURVEY, THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET.
AREA BY COORDINATE METHOD EIS SITE KING STREET VICINITY MAP NOT TO SCALE ERB CENTER STREET CLARENDON HOLDINGS LLC.
PIN # R04806-005-015-000 • PP SIDE B SIDE A 99.84 49.82 $24°56'25'W 172.73 48.73 ERB CONTROL CORNER PARKING WM • SCO WM 25.03 50.02 24.98
TO SCALE ERB CENTER STREET CLARENDON HOLDINGS LLC.
PIN # R04806-005-015-000 • PP SIDE B SIDE A 99.84 49.82 $24°56'25'W 172.73 48.73 ERB CONTROL CORNER PARKING WM • SCO WM 25.03 50.02 24.98 RBS S24°56'25'W EIP CONTROL CORNER KING STREET 50' R/W THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT RÉGULATIONS 'REFERENCE LOVE GROVE BLOCK 11 LOT 2 10 0 20 GRAPHIC SCALE I, LINWOOD J. JONES certify that this plat was drawn under my supervision from an actual survey made under my supervision or deed description recorded in Book.
575 56 page that the boundaries not surveyed ore shown as broken lines plotted from information found in Book N/A _; that the error _ page.
of closure as cal. by lot and dep. is 1: 18122.1 OWNER: 40 CORBET & KING PROPERTIES INC.
WILMINGTON, NC 28412 SURVEY FOR: H & Y GROUP, LLC N Witness my and seal this 2007 ORTH LAND CARO SEAL 4381 AND SURVE WOOD JONES en number A.D.
WReg. # L-1381 SOUTHWIND SURVEYING ENGINEERING LAND DEVELOPMENT 14888 HWY 17N HAMPSTEAD N.C. 28443 910-270-8617 910-270-8619 (FAX) SCALE DATE 1' = 20' 12-20-07 WILMINGTON TOWNSHIP E NEW HANOVER COUNTY NC STATE DRAWING NO.
H07-0033 NEW HANOVER COUNTY.
NORTH CAROLINA ESTABLISHED 1729 " REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: Book: Document No.: 12/28/2007 09:35:41 AM RE 5263 Page: 2935-2944 2007060557 DECL 10 PGS $38.00 Recorder: PHELPS, MICAH State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
09:35:41 AM RE 5263 Page: 2935-2944 2007060557 DECL 10 PGS $38.00 Recorder: PHELPS, MICAH State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
2007060557