BOOK PAGE 1971 0346 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DECLARATION, made the made the DECLARATION OF COVENANTS, FOR MCCLELLAND WOODS SUBDIVISION 29th day of December 29th day of 1995, by DOUGLAS E. MILLER and wife, BOBBI B. MILLER, and JERRY D.
SELLERS and wife, HOLLY C. SELLERS, hereinafter referred to as "Declarant"; 000016 WITNESSETH: WHEREAS, Declarant is the fee simple owner of certain property in New Hanover County, North Carolina, known as MCCLELLAND WOODS SUBDIVISION, as the same is shown on a map thereof recorded in Map Book 35 at Page 239 in the Office of the Register of Deeds of New Hanover County.
NOW THEREFORE, Declarant hereby declares that all 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 as appurtenances to real property and be binding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors in title, and assigns, and shall inure to the benefit of each owner of any interest in the said McClelland Woods Subdivision as above described.
1. Permitted Uses. All lots shall be used for residential purposes only. Each lot shall contain one detached dwelling and one detached double garage with dwelling overhead as shown in the copy of a representative Plot Plan attached as Exhibit "A" and incorporated herein by reference. There shall be no variation from said Plot Plan unless approved in writing by the Declarant and a majority of the lot owners of said subdivision.
No business, trade, vocation or occupation shall be permitted to be conducted at or pursued from any office, formal or informal,
by the Declarant and a majority of the lot owners of said subdivision.
No business, trade, vocation or occupation shall be permitted to be conducted at or pursued from any office, formal or informal, on any lot.
However, this restriction shall not restrain Declarant in any way from pursuing its rightful business of developing, marketing and selling any and all lots.
2. Architectural Control. No dwelling, building, fence, wall or other structure, of whatever nature or kind, or any portion thereof, shall be erected, placed or altered on any lot, nor shall the grade or elevation or physical characteristic of any lot, or portion thereof, be altered in any way whatsoever, unless it shall be according plans delivered by Declarant to all lot owners. Any deviation from said plans must be approved in writing by the Declarant. Approval or disapproval will be at the sole discretion of the Declarant. Approval shall not be unreasonably withheld and notification of approval or disapproval shall be made within two weeks from the submittal for approval.
Prior to construction, all lot owners shall submit to Declarant or its successors or assigns specifications including color and material to be used in construction for the Declarant to grant approval to commence construction.
3.
Subdivision Prohibited. No residential building lot as shown on the Map referred to herein shall be resubdivided.
Kleider 402670 Calder & Calder SR AT.
ADMITTED TO RECORD DAY OF January 1995 10:50AM MARY SUE OOTS REGISTER OF DEEDS NEW HANOVER COUNTY BOOK PAGE 1971 0347 4. Temporary Residences Prohibited. No housetrailer, mobile home, tent, shack or temporary structure of any nature shall be located on any lot or used at any time as a residence, temporarily
1971 0347 4. Temporary Residences Prohibited. No housetrailer, mobile home, tent, shack or temporary structure of any nature shall be located on any lot or used at any time as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
5. Signs. No sign or billboard of any description shall be displayed on any lot, other than private name plates or signs for identification of the residents, and signs advertising the property "For Rent" or "For Sale". Only one (1) "For Rent" or "For Sale" sign shall be allowed, and shall be of a maximum five (5) square feet in area.
6.
Other Prohibited Uses. (A). No noxious or offensive trade or activity shall be carried on or maintained on any lot or part of any lot, nor shall any use be made of any portion of said property which may be or become an annoyance or nuisance to the neighborhood.
B. No domesticated farm animals or fowls shall be kept on the property, it being the intention of the developers that only non-violent domesticated household pets shall be permitted. No allowed animals shall be permitted to run free, and all such animals should be properly leashed and personally escorted when not secured on the owners lot by chain.
C. Unsightly inoperative junk cars, large trucks, buses, or other like eyesore cannot be maintained or stored on the property either prior to or after the residence thereon has been erected. This prohibition does expressly preclude parking or storage of recreational vehicles within the subdivision, including, but not limited to, boats, motor homes and trailers. The developer shall have the right to have all such prohibited objects removed from lot at the lot owner's expense, with the costs incurred being
, but not limited to, boats, motor homes and trailers. The developer shall have the right to have all such prohibited objects removed from lot at the lot owner's expense, with the costs incurred being a lien against the subject property until paid by the lot owner.
D.
be allowed.
Fuel tanks and similar storage facilities shall not E. Each lot owner shall provide receptacles for garbage in a screened area on his lot not visible from the street or road or other lots.
F. All light bulbs and other lights installed in any fixture located on the exterior of any building or any lot shall be clear, white or non-frost lights or bulbs.
G. No outside radio or television antennas shall be erected on any lot or dwelling unit within the property, including satellite dishes, without the express written approval of the Declarant.
H. No yard sales or garage sales shall be permitted upon any lot in the subdivision.
I. The owner of each lot shall keep the lot mowed regularly and clear of any unsightly objects. In the event any owner of a lot within the subdivision fails to keep their lot clean and mowed, the Declarant shall have the right to enter upon the lot to mow or clear the lot at the Declarant's discretion. In the event Declarant, or Declarant's duly appointed agent or employee, cleans or mows any lot for another owner, Declarant shall have the right to assess the cost of cleaning and mowing to the said owner, with the assessed cost becoming a lien on the property as a lien for assessments assessed by the Declarant.
J. Accessory buildings, storage facilities or other structures shall not be allowed on any lot without the approval of Declarant and a majority of the then lot owners.
K.
Bach lot shall have a common driveway and the owners BOOK 1971 PAGE 0348
or other structures shall not be allowed on any lot without the approval of Declarant and a majority of the then lot owners.
K.
Bach lot shall have a common driveway and the owners BOOK 1971 PAGE 0348 of lots benefitting from all common driveways shall be responsible for one-half of all the maintenance and upkeep of said common driveway regardless of whether maintenance is required on both sides of the driveway. Each owner shall have the right to make repairs to any portion of said common driveway and no owner shall subject any common driveway or parking area to use by any vehicle larger than a 1 1/2 ton pickup truck. All moving vans or vehicles larger than the above stated must be parked on the street.
Any violation of this restriction shall result in an assessment by the Declarant to the lot owner responsible for all damage occurring as a result of oversized vehicles using said common driveways and parking areas.
L.
Each purchaser of a lot shall deposit $800.00 to be held in escrow by Calder & Calder, Attorneys for the purpose of construction a privacy fence along the south lot line. Said fence shall be constructed by Declarant no later than after the sale of twelve (12) lots. If a lot is purchased following construction of said fence, the lot purchaser shall reimburse Declarant $800.00 for said fence. Ongoing maintenance shall be done and the cost thereof shared on a prorata basis among the lot owners.
M. Each lot shall have a four foot sidewalk being consistent throughout said subdivision with the concrete subcontractor to be approved in advance by Declarant.
N. There shall be no other fence than the rear privacy fence aforementioned.
7. Length of Covenants and Restrictions. All covenants and restrictions herein shall run with the land and shall be binding on
There shall be no other fence than the rear privacy fence aforementioned.
7. Length of Covenants and Restrictions. 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 the same. No amendment to these covenants, conditions and restrictions which acts to the detriment of the Declarant, their successors or assigns, shall be effective unless assented to expressly in writing by the Declarant.
Declarant retains the right to amend these Restrictions at any time prior to two (2) years from the date hereof without notification to or approval of lot owners in the subdivision. Any amendment so made by Declarant shall be effective as of recording of said amendment in the New Hanover County Register of Deeds Office.
8.
Severability. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other covenants herein, which shall remain in full force and effect.
9. Violation of Restrictions. If the parties hereto, or any of them, or their heirs and assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person, or persons, firms or corporation owning any real property situated in said subdivision to prosecute any proceeding at law or equity against the person or persons, firm or corporation violating or attempting to violate any such covenant and either to prevent him or them from so doing, recover damages or other dues
at law or equity against the person or persons, firm or corporation violating or attempting to violate any such covenant and either to prevent him or them from so doing, recover damages or other dues for such violation, or force correction of such violation.
10. RIGHTS RESERVED BY DECLARANT. Declarant reserves unto themselves a perpetual, alienable right on, over and/or under the ground to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other equipment facilities necessary for the installation and use of electric, telephone, television, cable, gas, water, sewer or other public facilities, utilities or conveniences, in or over the front ten (10) feet of each lot and ten (10) feet along one side of each lot, and any such other areas as are designated on the duly recorded subdivision map covering McClelland Woods Subdivision recorded in BOOK 1971 PAGE 034 9 the New Hanover County Registry.
The Declarant also reserves a like-right over the rear 10 feet of each lot in order to construct the common fence mentioned above.
A. The right to subject any and all portions of the property or lots to easements and contracts with electric, telephone, cable television, water and other utilities for the installation and maintenance of underground or overground cables, wires, pipes or other necessary equipment for the installation and maintenance of utilities, any of which may require an initial payment and continuing monthly payments for the use thereof by the owners of the lots within McClelland Woods Subdivision.
B. The right to place cable T.V. connection box on any property, and grant easement to the cable T.V. company to maintain the lines in connection boxes used to serve the subdivision with cable T.V.
n.
B. The right to place cable T.V. connection box on any property, and grant easement to the cable T.V. company to maintain the lines in connection boxes used to serve the subdivision with cable T.V.
C. The right to improve drainage in McClelland Woods Subdivision in any area, or on any lot, by going upon or over any lot in the subdivision and doing such actions, including but not limited to ditching or filling, as are reasonably necessary to accomplish adequate drainage in the subdivision.
D.
The right to form or require to be formed an association for the purpose of maintaining, repairing, replacing or otherwise change or repair any of the common or shared areas, including, but not limited to, the driveways and the fence.
12.
Assignment of Declarant's Rights and Obligations. After the sale of the last lot in the subdivision the Declarant will assign to the lot owners all of the rights retained by Declarant.
Declarant's obligations for maintenance and otherwise shall become obligations of the lot owners upon assignment of the developer rights. Rights transferred to the lot owners shall include, but not be limited to, the Declarant's rights for approval of construction or changes on lots, fence construction or changes, access rights, and all other rights set out in this Declaration.
IN WITNESS WHEREOF, the parties hereof have hereunto set their hand and seals, this the day and year first above written.
Douglas B. Miller (SEAL) B Mili (SEAL) Bobbi B. Miller D. Sellers Дом с Ден Holly C. Sellers (SEAL) (SRAL) BOOK PAGE 1971 0350 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Patricia M. Heal Henley a Notary Public of the County and State aforesaid, certify that Douglas B. Miller and wife, Bobbi B. Miller, personally appeared before me this day and
COUNTY OF NEW HANOVER I, Patricia M. Heal Henley a Notary Public of the County and State aforesaid, certify that Douglas B. Miller and wife, Bobbi B. Miller, personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this Josh day of Decenter 1995.
29 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Patricia B.
Heal Notary Public Henley My commission expires: 11-21-98 PENLEJN.
ILFORD a Notary Public of the County and State aforesaid, certify that Jerry D. Sellers and wife, Holly C. Sellers, personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this 290 day December 1995.
Patricia Notary Public Haley My commission expires: 11-21-98 The foregoing Certificate(s) of is/are certified to be correct.
of אכי COUNTY!
OTAR OUNTH Patricia M. Henley, Notary Public This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof.
MARY SUB OOTS, REGISTER OF DEEDS FOR NEW HANOVER COUNTY By: " Neka Register of Deeds LE DRAWN BY CALDER & CALDER, ATTORNEYS, WILMINGTON, NC 587386 HIS HIVY 17574 MARKET STREET SITE BOOK EXHIBIT PAGE 1971 0351 LOCATION MAP NOT TO SCALE KERB 30 T2 THIS MAP IS NOT A CERTIFIED SURVEY AND NO RELIANCE MAY BE PLACED IN ITS ACCURACY SURVEY REF: COPITAT Lot 2 1500 FOUNDATION OF U.N.CO., INC.
200.0 STOR N83°48' 75.0 AVELLING 150.0 75.0 PROPOSED DWELLING PROPOSED DAVELLING FROPESE DIVELLING Predi 0.002 75.0 583°48'E MCCLELLAND 75.0 1500 DRIVE L5 069 Act (PT) LOTS 344 SCALE SECTION WILMINGTON T=40' PLOT PLAN for PUGLAS MILLER SUBDIVISION MCCLELLAND WOODS TOWNSHIP NEW HANOVER CO. N.C.
Jack JACK 6. STOCKS N.C. Registration No. L-856
500 DRIVE L5 069 Act (PT) LOTS 344 SCALE SECTION WILMINGTON T=40' PLOT PLAN for PUGLAS MILLER SUBDIVISION MCCLELLAND WOODS TOWNSHIP NEW HANOVER CO. N.C.
Jack JACK 6. STOCKS N.C. Registration No. L-856 DATE 9-6-95 OTED THE MG 75.00 385 46 E CLELLAND E CLOVER ROAD NON-MUNICIPAL UTILITY 75.00 75.00 HACEMENT 7000 1207.09 DRIVE (25) (20 26 (20) SECTION FAIRLALLA MAP BOOK PAGE (24) AT.
000017 MCCLELLAND WOODS GLEASON ROAD 62 (29 130 क ADMITTED TO RECORD DAY OF 1995 10:51AM MARY SUE OOTS REGISTER OF DEEDS NEW HANOVER COUNTY CERTIFICATE OF APPROVAL BY THE CITY OF WILMINGTON SUBDIVISION REVIEW BOARD THE CITY OF WILMINGTON SUBDIVISION REVIEW BOARD HEREBY APPROVES FOR RECORDATION THE FINAL PLAT FOR THE MCCLELLAND WOODS, PROVIDED THAT SAID FINAL PLATS RECORDED WITHIN NINETY (90) DAYS, 12/8/95 DATE WILMINGTON TOWNSHIP 100 50 SCALE: 1" = 60' Map Book 35 Page 239 JON PROPERTY #17 Sta CHARMAN, SUBDIVISION REVIEW BOARD NEW HANOVER COUNTY SCALE IN FEET 80 120 180 5.89 A NORTH CAROLIN 240 SEPTEMBER, 1998 DEVELOPED BY: DOUGLAS MILLER, WILMINGTON, N.C.
RECORDED BY JAMES E. PARKER 910-341-7807 402671 JAC⭑ PAGE THAT CLEARLY INDICATED AS DAN NEW HANOVER COUNTY LACK & STOCKS CERTIFY THAT THE PLAT WILGANIN LADER TY NORTH CAROLINA SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION OKED DESCRIPTION RECORDED IN BOOK THE BOUNDARIES NOT SURVEYED ARE FROM INFORMATION POUND IN BOOK PAGE - THAT THE RATIO OF PRECISION AS CALCULATED 1:10000 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH S. 47-30 AS AMMENDED WITNESS MY ORIGINAL SIGNATURE, REGISTRATION MER AND SEAL THIS DAY OF 199s NEW HANOVER COUNTY LA MOTARY PUBLIC OF THE COUNTY AND STATE APOR THAT JACK&STOCKS, REGISTERED LAND SURVEYOR PORSIONALLY APPEARED BEFORE ME THE DAY AND ACKNOWLEDGED THE EXECUTION
SEAL THIS DAY OF 199s NEW HANOVER COUNTY LA MOTARY PUBLIC OF THE COUNTY AND STATE APOR THAT JACK&STOCKS, REGISTERED LAND SURVEYOR PORSIONALLY APPEARED BEFORE ME THE DAY AND ACKNOWLEDGED THE EXECUTION OF THE FOREGON TRENT WITHERS MY HAND AND OFFICIAL.
STAMP OR SEAL THE 3 DAY OCT 195 NEW THE PO MOVER COUNTY NOS CERTIFICATE OF C NEW HANOVER COUNTY CUTIE RETRATION ON THE ART ANAND DULY AGREED 100 JACK & STOCKS K.C. REGISTRATION NO. L-856 довать JACK & YOG M. SMITH NOTARY PUBLIC Манпура Essen Smith EVONNE TH NOTARY PUBLIC MY COMMON OPVIES #1/14/0 THIS PLATS OF A SURVEY THAT CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND CERTIFICATE OF OP, DEDIGATION AND ARMOTION THE HEREBY CERTIFY THAT I WE ARE THE OWNERS OF THE PROPERTY SHOWN AND DESCRIBED HEREON AND THAT IND HONEY ADOPT THIS PLAN OF SUDIO WITH MY (OUR) FREE CONSENT ESTABLISH THE MINIMUM BULON LINES AND DEDICATION OF ALL, STREETS, ALLEYS, WILL PARCE, CONNERVATION SPACE AND OTHER AREAS TO PUBLIC OR PRIVATE USE AS NOTED ALL ROADS AND DRAAG KANGMENTS ARE DEDICATED FOR PUBLIC UTILITY PURPOSES, FURTHER (W) CERTIFY THE LAND AS SHOWN HERSON IS LOCATED WITHIN THE SURDION AUCTION OF THE CITY OF WILMINGTON.
KERR AVENUE SOG°12'WV 200.0 TILITY EASEMERAL 73.00 76.00 (PRIVATE) 20 ORNEURY EASEMENT 70.00 300127 7500 7000 10/5/95 FOUNDATION OF UNCWV., INC.
PARCEL 2 DEED BOOK, 1658, PAGE 015 NO8400 76.00 75.00 78.00 10' WON MUNICIPAL.
75.00 75.00 75.00 EL "