62 23.00 دسامبر 9001 PAGE 1428 0688 RECORDED AND VERIFIED REBECCA P. TUCKER REGISTER OF DEEDS NEW HANDVER CO. NO AUG 26 2 06 PM '88 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS MARSH LANDING This Declaration, made the 8th day of August, 1988, by Herchel E. Rogers and wife, Julia P. Rogers, hereinafter referred to as "Declarant" (whether one or more); WITNESSETH: Whereas, Declarant is the owner of certain real property in Harnett Township, New Hanover County, North Carolina, (hereinafter referred to as the "Properties") which is more particularly described as follows: Being all of Marsh Landing as shown on the plat thereof recorded in Map Book 29 at Page 12 in the Office of the Register of Deeds of New Hanover County, North Carolina, to which said plat reference is hereby made for a more particular description.
Now, therefore, Declarant hereby declares that all of the Properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties c: any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof.
SECTION 1.
ARTICLE L DEFINITIONS Association shall mean and refer to Marsh Landing HOA, Inc., a North Carolina, non-profit corporation, its successors and assigns, the Owners Association organized for the mutual benefit and protection of the Properties. All property Owners of Lots in Marsh Landing and any adjoining areas hereafter developed
ccessors and assigns, the Owners Association organized for the mutual benefit and protection of the Properties. All property Owners of Lots in Marsh Landing and any adjoining areas hereafter developed and subjected to this Declaration, if any, shall be members of the Association, which membership shall be appurtenant to and may not be separated from the ownership of such single family or multi-family Lot.
SECTION 2. Owner shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
SECTION 3. Properties shall mean and refer to all of Marsh Landing, as described above, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
SECTION 4. Additional Properties shall mean and refer to any lands adjoining the Properties which are now owned or maybe hereafter acquired or developed by Declarant and annexed to and made a part of the Properties by the Declarant and subjected to this Declaration without the assent or vote of the Owners of Lots as hereinafter provided. The annexation of such additional Properties shall become effective by the recording by the Declarant of an Amended Declaration for each new section annexed.
RETURNED TO Qurney & Burney /cmw Draftsman: DAVID C. BAREFOOT : BURNEY, BURNEY, BAREFOOT & BAIN 110 North Fifth Avenue/Post Office Box 89 Wilmington, North Carolina 28402 135448 Juch 1428 0689 SECTION 5.
Common Area shall be used interchangeably with "Common Property" to mean and refer to all real property owned by the Association for the common use and
Carolina 28402 135448 Juch 1428 0689 SECTION 5.
Common Area shall be used interchangeably with "Common Property" to mean and refer to all real property owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot shall be the street designated as "Guinea Lane" and either Lot 1 which is designated on said plat as "Common Property", or Lot 3 which Declarant has the absolute right, without a vote of the Association, to exchange for Lot I as the "Common Property" Lot.
SECTION 6.
Amenities. The Declarant shall provide a tennis court for the use and enjoyment of the members of the Association and such other persons, including neighbors, under such rules and regulations as the Association may precribe. The tennis court presently located on Lot 3 shall be used for this purpose until such time as Declarant shall in his sole discretion determine the location of the permanent tennis court facility. If the Declarant determines to locate the tennis court facility on Lot 1, then upon completion thereof, the rights of the Association to use the tennis court on Lot 3 shall cease. If the Declarant shall in his sole discretion determine to develop Lot 1 and use the tennis court on Lot 3 as the permanent facility, then the Declarant shall convey Lot 3 to the Association to be dedicated for use as "Common Property", and the Association shall reconvey Lot 1 to the Declarant free and clear of any rights of the Association to use Lot 1 as "Common Property". The rights reserved unto the Declarant in this section may not be hereafter abrogated or modified by the Association without the consent of the Declarant .
SECTION 7. Lot shall mean and refer to any of the numbered developable
he Declarant in this section may not be hereafter abrogated or modified by the Association without the consent of the Declarant .
SECTION 7. Lot shall mean and refer to any of the numbered developable Lots in Marsh Landing, unless the context requires otherwise. Developable Lots shall mean all of the numbered Lots in Marsh Landing except the Lot that is designated as the "Common Property" Lot, which shall be reserved for the use and enjoyment of the Association.
SECTION 8. Declarant shall be used interchangeably with "Developer" (which designations may be used herein in the third person neuter for convenience only, but such terms shall include singular, plural, masculine and neuter as required by the context ) to mean and refer to Herchel E. Rogers and wife, Julia P. Rogers, their heirs and assigns, if such heirs or assigns should acquire undeveloped Property from the Declarant for the purpose of development.
SECTION 9.
Declaration shall mean this instrument as it may be from time to time amended or supplemented.
SECTION 10. Membership shall mean and refer to the rights, benefits, duties and obligations, evidenced by an appropriate certificate, which shall inure to the benefit of and burden each member of the Association.
SECTION 11. Member shall mean and refer to every person or entity who has a membership in the Association.
ARTICLE IL PROPERTY RIGHTS SECTION 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: A. The right of the Association to suspend the voting rights and privileges by an Owner for any period during which any assessment against his Lot
le to every Lot, subject to the following provisions: A. The right of the Association to suspend the voting rights and privileges by an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations; B. The right of the Association to dedicate or transfer all or part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective until approved by vote of at least two-thirds (2/3) of the members as indicated in an instrument executed by the corporation and recorded in the New Hanover County Registry.
C.
The right of the Association to impose regulations for the use and enjoyment of the Common Area and improvements thereon, which regulations may further restrict the use of the Common Area.
2 300A 1428 0690 D. The right of the Declarant to exchange Lot 3 with the Association for Lot 1 for use as the "Common Property" Lot.
SECTION 2. Developer's Rights. There is hereby reserved unto the Declarant the right to to develop Lot 1 for sale to the general public and to exchange Lot 3 with the Association for Lot 1 as the "Common Property" Lot of the Association. Upon the request of the Declarant the Association shall execute and deliver to the Declarant a deed for Lot 1, free and clear of all rights of the Association to use Lot 1 as "Common Property". Upon the recording of said deed, Lot 1 shall thereafter be considered as a "Developable Lot", subject to the terms and conditions set forth in the Declaration.
Simultaneously with the recording of said deed, the Declarant shall execute and deliver
ereafter be considered as a "Developable Lot", subject to the terms and conditions set forth in the Declaration.
Simultaneously with the recording of said deed, the Declarant shall execute and deliver to the Association a deed for Lot 3, which Lot shall thereafter be dedicated for use as "Common Property" of the Association, subject to the terms and conditions set forth in the Declaration. The rights hereby reserved unto the Declarant if not soon exercised, shall expire on January 1, 1995, unless extended my mutual consent of all Lot Owners.
SECTION 1.
ARTICLE III.
EASEMENTS Perpetual, alienable easements are reserved as necessary in the Properties and the Common Areas thereof for the installation and maintenance of underground utilities and drainage facilities.
SECTION 2. Declarant hereby reserves unto itself, its heirs and assigns, perpetual, alienable easements over all streets and common areas as necessary to provide access, ingress and egress, to the property adjoining Marsh Landing to the North or South, in the event the Declarant, its heirs or assigns should acquire or develop any property adjoining Marsh Landing and annex the same to this development as herein provided.
SECTION 3. An easement is hereby granted to all police, fire protection, ambulance and all similar persons, companies or agencies performing emergency services to enter upon the Lots and common area in the performance of their duties.
SECTION 4. In case of any emergency originating in or threatening any Lot or the common areas, regardless whether any Lot Owner is present at the time of such emergency, the Board of Directors or any other person authorized by it, shall have the right to enter any Lot for the purpose of remedying or abating the causes of such
is present at the time of such emergency, the Board of Directors or any other person authorized by it, shall have the right to enter any Lot for the purpose of remedying or abating the causes of such emergency and making any other necessary repairs not performed by the Lot Owners, and such right of entry shall be immediate.
SECTION 5. The Declarant reserves unto itself, its heirs and assigns, a perpetual, alienable and releasable easement and right, on, over and under the ground with men and equipment to erect, maintain, inspect, repair and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water or other public conveniences or utilities on, in or over each Lot and such other areas as are shown on the plat of the Properties recorded or to be recorded in the office of the Register of Deeds of New Hanover County; provided further, that the Declarant may cut drainways for surface water whenever action may appear to the Developer to be necessary in order to maintain reasonable standards of health, safety and appearance.
These easements and rights expresssly include the right to cut any trees, bushes or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. It further reserves the right to locate wells, pumping stations, and tanks within residential areas on any walkway, or on any residential Lot now or subsequently designated for such use or to locate same upon any Lot with the permission of the Owner of such Lot. Such rights may be exercised by any
s on any walkway, or on any residential Lot now or subsequently designated for such use or to locate same upon any Lot with the permission of the Owner of such Lot. Such rights may be exercised by any licensee of the Declarant, but this reservation shall not be considered an obligation of the Declarant to provide or maintain any such utility or service.
SECTION 6. The Declarant reserves unto itself, its heirs and assigns, the right to subject the real property in this Subdivision to a contract with Carolina Power & Light Company for installation of street lighting, which contract requires or will require a continuing monthly payment to Carolina Power & Light Company by each residential customer for street lighting service.
809 PAGE 1428 0891 SECTION 7. All easements and rights described herein are easements appurtenant , running with the land, and shall inure to the benefit of and be binding on the undersigned , its heirs and assigns, and any Owner, purchaser, mortgagee and other person having an interest in said land, or any part or portion thereof, regardless of whether or not reference to said easement is made in the respective deeds of conveyance, or in any mortgage or trust deed or other evidence of obligation, to the easements and rights described in this Declaration .
SECTION 8. The Declarant hereby grants to the Association a temporary easement over Lot 3 for access to and from the tennis court which shall be used and maintained by the Association on Lot 3 until such time as a permanent location for the tennis court is determined by the Declarant. The easement herein granted shall terminate at such time as a permanent tennis court site is established by the Declarant, unless Lot 3 is selected as the permanent site.
SECTION I.
ARTICLE IV.
arant. The easement herein granted shall terminate at such time as a permanent tennis court site is established by the Declarant, unless Lot 3 is selected as the permanent site.
SECTION I.
ARTICLE IV.
MEMBERSHIP AND VOTING RIGHTS Every Owner of a Lot in the Properties shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot.
SECTION 2. Each member shall be entitled to one vote in the affairs of the Association for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
ARTICLE V.
MANAGEMENT AND CONTROL Management of the affairs of the Association shall be the right and responsibility of its Board of Directors in accordance with the Declaration and the ByLaws; PROVIDED, HOWEVER, that all of the powers and duties of the Board of Directors may be exercised by the Declarant until such time as 4 of the 6 developable Lots have been sold and conveyed by the Declarant to purchasers, or until December 31, 1994, which ever occurs first. Management and control may be transferred to the Lot Owners at any time but in all events, no later than 120 days after the happening of the earlier of the above events.
SECTION 1.
ARTICLE VL COVENANTS FOR ASSESSMENTS Creation of the Lien and Personal Obligation of Assessments.
The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A.
Annual assessments or charges, and
ner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: A.
Annual assessments or charges, and B. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and C. Insurance assessments; and D. To the appropriate governing taxing authority, a pro rata share of ad valorem taxes levied against the Common Area.
The annual, special and insurance assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to BOUK PAGE 1428 0692 SECTION 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvements and maintenance of the Common Areas. The funds arising from said assessments or charges, may be used for any or all of the following purposes: Maintenance and improvement of the common areas streets , roads, drives, and rights of way; enforcing these restrictions; and, in addition, doing any other things necessary or desirable in the opinion of the Association to keep the property in neat and good order and to provide for the health, welfare and safety of Owners and residents of Marsh Landing.
SECTION 3. Annual Assessments. Annual assessments shall be in an
to keep the property in neat and good order and to provide for the health, welfare and safety of Owners and residents of Marsh Landing.
SECTION 3. Annual Assessments. Annual assessments shall be in an amount to be fixed from year to year by the Board of Directors which may establish different rates from year to year as it may deem necessary for the purposes set forth in Section 2 above . The amount of the annual assessment against each Lot for any given year shall be fixed at least 30 days in advance of the annual assessment period; provided, however, that the first annual assessment shall be set prior to the conveyance of the first Lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their Lots. Written notice of each annual assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the Board of Directors and the Board of Directors shall have the authority to require the assessments to be paid in pro rata monthly installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot had been paid.
A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than five per cent (5%) above the maximum assessment for the previous year without a vote of the membership, except as herein provided.
B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be
out a vote of the membership, except as herein provided.
B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above five per cent (5%) by a vote of two-thirds (2/3) of the members who are voting in person or by proxy, at a meeting duly called for this purpose.
C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum; provided that the Board of Directors may increase the amount of the annual assessment to a maximum of Three Hundred Sixty Dollars ($360.00) per Lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth in said subparagraph shall apply to any annual increase.
SECTION 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to the year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the members who are voting in person or by proxy at a meeting duly called for this purpose.
SECTION 5. Insurance. The Board of Directors on behalf of the Association, as a common expense, shall at all times keep the property of the Association insured against loss or damage by fire or other hazards insured against, and other such risks, including, but not limited to directors' liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to
ainst, and other such risks, including, but not limited to directors' liability and public liability insurance, upon such terms and for such amounts as may be reasonably necessary from time to time to protect the Properties and common area, which insurance shall be payable in case of loss to the Association for all members. The Association shall have the sole authority to deal with the insurer in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each member to insure his personal property for his own benefit at his own expense. In no event shall the insurance coverage obtained by the Association be brought into contribution with insurance purchased by members or their mortgagees.
SECTION 6. Insurance Assessments. All insurance policy premiums on the common areas for the benefit of the Association purchased by the Board of Directors or its designee and any deductibles payable by the Association upon loss shall be a common expense and the Association shall levy against the Owners equally as an additional annual assessment, (herein called "Insurance Assessment") which shall be in addition to the amounts provided for under Section 3 above, an amount sufficient to pay the annual cost of all such insurance premiums.
5 300 PAGE 1428 0693 SECTION 7. Working Capital Assessment. At the time title is conveyed to an Owner, each Owner shall contribute to the Association as a working capital reserve an amount at least equal to a two months' estimated common area assessment. Such funds shall be used solely for initial operating and capital expenses of the Association, such as pre paid insurance, supplies and the common areas and facilities furnishings and equipment, etc. Amounts paid into the working capital fund are not to be considered as
es of the Association, such as pre paid insurance, supplies and the common areas and facilities furnishings and equipment, etc. Amounts paid into the working capital fund are not to be considered as advance payment of regular assessments. Any working capital funds remaining at the end of the first full operating year shall be transferred to and become part of the general funds of the Association, in the discretion of the Board of Directors.
SECTION 8. Notice And Quorum For Any Action Authorized Under SECTIONS 3 AND 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 and 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty per cent (60%) of all the votes of each class of membership shall constitute a quorum. The required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
SECTON 9. Uniform Rate Of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
SECTION 10. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from Declarant.
Declarant shall not be required to pay maintenance assessments on unsold Lots retained by the Declarant. Provided, however, that Declarant shall pay to the Association annually, in lieu of assessments, the prorata share of insurance assessments attributable to the Lots owned by Declarant, as the same become due.
, however, that Declarant shall pay to the Association annually, in lieu of assessments, the prorata share of insurance assessments attributable to the Lots owned by Declarant, as the same become due.
SECTION 11. Effect Of Nonpayment Of Assessments And Remedies Of The Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the highest rate allowable by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.
SECTION 12. Subordination Of The Lien To Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage.
Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE VII.
ARCHITECTURAL CONTROL SECTION 1. Developer's Rights. All duties and responsibilities conferred upon the Architectural Control Committee by this Declaration or the Bylaws of the Association shall be exercised and performed by the Declarant or its Designee, so long as Declarant shall own any Lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration.
SECTION 2. Building and Site Improvements. No dwelling, fence, wall or
hall own any Lot in the Properties or any additions annexed thereto by Supplemental Declaration or Amendment to this Declaration.
SECTION 2. Building and Site Improvements. No dwelling, fence, wall or other structure shall be commenced, erected, or maintained upon any Lot in the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, heights, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Declarant, or its designee, or, after the sale of all Lots by Declarant, by the Board of Directors of the Association, or by an architectural control committee composed of three (3) or more representatives appointed by the Board. In the event the Declarant, or its designee, or, if applicable, the Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article 6 BOOK PASE 1428 0694 will be deemed to have been fully complied with. Refusal of approval of any such plano, location or specification may be based upon any ground, including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of 95 Declarant or Architectural Control Committee shall seem sufficient. One copy of t plans and related data shall be furnished to the Declarant or Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects
eclarant or Architectural Control Committee, as the case may be, for its records. Neither the Declarant nor the Architectural Control Committee shall be responsible for any structural or other defects in plans or specifications submitted to it or any structure erected according to such plans and specifications.
SECTION 3.
Approval of Plans: A. No house plans will be approved unless the proposed house shall have a minimum of 1600 square feet of enclosed dwelling area. The term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling, provided, however, that such term does not include garages, terraces, decks, open porches, and like areas; provided, further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area".
B. Since the establishment of inflexible building setback lines for location of houses on Lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any Lot shall be controlled by and must be approved absolutely by the Declarant or the Architectural Control Committee, as the case may be. Provided, however, that no dwellings shall be constructed closer than 10 feet to an adjoining property line.
C.
The exterior of all houses and other structures must be completed
e, as the case may be. Provided, however, that no dwellings shall be constructed closer than 10 feet to an adjoining property line.
C.
The exterior of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency or natural calamities.
D. No structure shall be erected, altered, placed or permitted to remain on any Lot, except one single family dwelling not to exceed two stories in height above the first finished floor level, unless the Declarant or the Architectural Control Committee, as the case may be, approves in writing a structure of more than 2 stories, and one or more small accessory buildings (which may include a detached private garage, servants quarters, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Declarant or Architectural Control Committee overcrowd the site, and 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 construction of the main building.
E. All service utilities, fuel tanks, clothes lines, wood piles and trash and garbage accumulations are to be enclosed within a fence, wall or plant screen of a type and size approved by the Declarant or the Architectural Control Committee, so as to preclude the same from causing an unsightly view from any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail boxes shall be uniform in design. Design for mailboxes shall be furnished by Declarant.
any highway, street or way within the subdivision, or from any other residence within the subdivision. All mail boxes shall be uniform in design. Design for mailboxes shall be furnished by Declarant.
F. Off street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot, which parking areas and the drive ways thereto shall be constructed of concrete, brick, asphalt, or turfstone.
SECTION 4.
Maintenance By Association. The Association at its expense shall be responsible for maintaining, repairing and replacing all utility and drainage lines and pipes which are located on the properties, except those located within individual Lots. The Association shall have the right to go onto the Lots at reasonable times for the purpose of maintaining, repairing and replacing all utility and drainage lines and pipes which might be located on such Lots; and each Owner hereby grants permission to the Association to enter his Lot for such purposes.
Boun PAGE 1428 0695 In the event that the need for maintenance, repair or replacement (other than said being caused by fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, aircrafts, vehicles, and smoke, as the foregoing are defined and explained in North Carolina Standard Fire and Extended Coverage Insurance Policies) is caused through the willful, or negligent act of the Owner, his family, guests or invitees, the cost of such maintenance, replacement, or repairs, shall be added to and become a part of the assessment to which such Lot is subject.
ARTICLE VIIL USE RESTRICTIONS SECTION 1. Land Use And Building Type. No Lot in Marsh Landing shall be
t, or repairs, shall be added to and become a part of the assessment to which such Lot is subject.
ARTICLE VIIL USE RESTRICTIONS SECTION 1. Land Use And Building Type. No Lot in Marsh Landing shall be used for any purpose except for residential purposes other than the "Common Property" Lot which may be used for recreational purposes. All developable Lots which shall include all Lots other than the "Common Property" Lot, shall be restricted for construction of single family dwellings only. Any building erected, altered, placed or permitted to remain on any Lot shall be subject to the provisions of Article VII of this Declaration relating to architectural control. Different Land Use Restrictions and Architectural Control Guide Lines may be established for adjoining properties to be developed by Declarant.
SECTION 2. Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other property in the neighborhood by the Owners thereof. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unsightly or unkept condition 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.
SECTION 3. Lot Maintenance. In the event that any Lot Owner shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly
orhood as a whole or the specific area.
SECTION 3. Lot Maintenance. In the event that any Lot Owner shall fail or refuse to keep such premises free from weeds, underbrush or refuse piles, or unsightly growth or objects, then, after thirty days notice from the architectural control committee, the Association or its designee shall enter upon such lands and remove the same at the expense of the Owner, and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created in favor of the Association for the full amount of the cost thereof chargeable to such Lot, including collection costs and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens.
SECTION 4.
Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently.
SECTION 5. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile homes, or similar type vehicle, shall be permitted to remain on any Lot at any time, except in a garage or enclosed structure under the house, unless by consent of the Association or its designee.
SECTION 6.
Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed or kept within an approved fenced in area.
that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free and are at all times properly leashed or kept within an approved fenced in area.
SECTION 7. Outside Antennas. No outside radio or television antennas shall be erected on any Lot or dwelling unit within the Properties unless and until permission for the same has been granted by the Board of Directors of the Association or its Architectural Control Committee.
SECTION 8. Window Coverings. All drapes, curtains or other similar materials hung at windows, or in any manner as to be visible from the outside, of any building erected upon any Lot shall be of a white or neutral background material.
SECTION 9. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white, or nonfrost lights or bulbs.
8 300N PAGE 1428 0696 SECTION 10. Junk Vehicles and Tractor-Trailers. No inoperable vehicle or vehicle without current registration and insurance, and no tractor-trailers will be permitted on the premises . The Association shall have the right to have all such vehicles towed away at the Owner's expense.
SECTION 11. Signs. No "For Sale" signs or any other signs shall be permitted on any Lot or in the common areas without permission of the Board of Directors, except that a sign conforming to the New Hanover County Sign Ordinance may be displayed by Declarant on any Lot used by Declarant as a sales/rental office for the project so long as Declarant owns any Lot in the Properties.
SECTION 12. Water and Sewer Service. Each Lot will have its own well and separate pump installed an furnished by Declarant to provide water service. Each Lot will be
nt owns any Lot in the Properties.
SECTION 12. Water and Sewer Service. Each Lot will have its own well and separate pump installed an furnished by Declarant to provide water service. Each Lot will be connected to the New Hanover County Sewer System and Declarant reserves the right to charge sewer tap fees for each Lot sold which fees will be paid directly to the Declarant.
ARTICLE IX.
ANNEXATION OF ADDITIONAL PROPERTIES SECTION 1. Except as provided in Sections 2, below, annexation of additional property shall require the assent of two-thirds (2/3) of the members at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting.
SECTION 2. If the Declarant, its heirs or assigns, shall develop all or any lands adjoining the Properties, said additional tract or any portion thereof may be annexed to said Properties without the assent of the members, provided, however, the development of the additional Properties permits only single family dwellings or no more than one to four family dwellings. Annexation provided for in this section shall become effective upon the filing by the Declarant of a Supplemental or Amended Declaration in the Office of the Register of Deeds of New Hanover County.
SECTION 1.
ARTICLE X.
GENERAL PROVISIONS ENFORCEMENT. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter .
rovisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter .
SECTION 2. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
SECTION 3. LOTS SUBJECT TO DECLARATION. All present and future Owners, tenants and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of the Declaration, and as the Declaration may be amended from time to time. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot, their respective legal representatives, heirs, heirs and assigns, and shall run with and bind the land and shall bind any person having at any time any interest or estate in any Lot as though such provisions were made a part of each and every deed of conveyance or lease.
9 BOUF PARE 1428 0697 SECTION 4. AMENDMENT OF DECLARATION.
elsewhere the covenants and restrictions of this Declaration may be amended only by an Except as provided instrument duly recorded in the Office of the Register of Deeds of New Hanover County executed by the duly authorized officers of the Association upon the vote of not less less than sixty (60%) per cent of the Lot Owners; provided that no amendment shall alter any obligation to pay ad
executed by the duly authorized officers of the Association upon the vote of not less less than sixty (60%) per cent of the Lot Owners; provided that no amendment shall alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein provided, or affect any lien for the payment thereof established herein. In no event may the Declaration by amended so as to deprive the Declarant of any rights herein granted or reserved unto Declarant.
IN WITNESS WHEREOF, the Declarant herein, have executed this Declaration under their hands and seals, all on the day and year first above written.
Heubl र्ध Julia & (SEAL) HERCHEL E. ROGERS (SEAL) JULIA P. ROGERS STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Dorothy L. Rockmore, a Notary Public of the County and State aforesaid, certify that HERCHEL E. ROGERS and wife, JULIA P. ROGERS, personally came before me this day and acknowledged the due execution of the foregoing instrument.
OCFOLEY NEW EL PUBLIC CCER JESS my hand and official stamp or seal, this 8th day of August, 1988.
An Expires: 1990 RIAL SEAL) Dr k Notary Public STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of mathy L. Rockmire certified to be correct. This the 26 day of a Notary Public is 1988 REBECCA P. TUCKER Register of Deeds - New Hanover County By: ر Deputy/Artist 10