ってか :50) ADMITTED TO ARCORS BOOK FILE.
MARC APR 25 11 04 AH '75 LOI CLERAY REGISTRAR STATE GEYNORTH CAROLINA COUNTY OF NEW HANOVER BOOK 1028 PACE 851 DECLARATION OF RESTRICTIONS OF MCLAIN HEIGHTS, SECTION I 1 THIS DECLARATION, made this 31st d "day of OCTOBER 1973, by DAVID G. MCLAIN and wife, THELMA T. MCLAIN of New Hanover County, North Carolina, hereinafter called the Developers.
WITNESSETH: THAT WHEREAS, the said DAVID G. MCLAIN and wife, THELMA T.
MCLAIN have placed on record in the New Hanover County Registry a map showing the area designated as MCLAIN HEIGHTS, SECTION I, said map recorded in Map Book 16 of the New Hanover County, North Carolina, Registry.
at Page 34 WHEREAS, it is the desire of DAVID G. MCLAIN and wife, THELMA T. MCLAIN for themselves, their successors and assigns, to declare that the following restrictions shall apply to all lots located in said MCLAIN HEIGHTS, SECTION I, a map of which has been duly recorded in the New Hanover County Registry; and that these restrictions shall be binding upon all parties claiming title to any lot or lots in MCLAIN HEIGHTS, SECTION I.
NOW, THEREFORE, the undersigned do hereby covenant, agree and declare to and with all persons, firms or corporations hereafter acquiring any property at MCLAIN HEIGHTS, SECTION I, that all of the lots in said MCLAIN HEIGHTS, SECTION I, as shown on map thereof recorded in Map Book 16 at Page 34 of the New Hanover County, North Carolina, Registry are hereby made subject to the following restrictive covenants as to the use thereof, which covenants shall run with the land, to-wit: (1) All lots in said subdivision shall be used for singlefamily residential purposes only...
Dand G. Fain 9 (2) on any one lot.
(3) BOOK 1028 PACE 852
hich covenants shall run with the land, to-wit: (1) All lots in said subdivision shall be used for singlefamily residential purposes only...
Dand G. Fain 9 (2) on any one lot.
(3) BOOK 1028 PACE 852 Not more than one residence shall be erected or located No residence smaller than 1,400 square feet of living space, exclusive of porches, steps, walks, breezeways, carports, and garages shall be constructed or located on any lot.
(4) No part of any building erected on any lot shall be nearer than ten (10) feet to the side boundary line of said lot nor nearer than thirty-five (35) feet to the front property line of the said lot; provided, however, if the owner of two or more contiguous lots shall elect to use them for one residence, the boundary line between the lots so used shall be regarded as non-existing for the purposes of determining the set back of the residence.
(5) No house trailer, 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 on any lot.
(6) No sign or billboard of any description shall be displayed on any lot, other than private name plates, signs for identification of the resident, and signs advertising the property "For Rent" or "For Sale", which signs shall not exceed 15" x 20".
(7) The design of all structures which shall be erected on any lot will be subject to the approval of the Developers or an Agent for the Developers.
(8) No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
(9) No animals or poultry of any kind shall be kept or
activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
(9) No animals or poultry of any kind shall be kept or maintained on any of the said lots except house pets such as dogs and نو cats, 1 BOOK 1.028 PACE 853 (10) These restrictions are subject to being altered, modified, cancelled or changed at any time, as to the property as a whole, or as to any lot or part thereof, by written document executed by the Developers ' and by the owners of not less than sixty (60%) per cent of the lots or parts of the area to which these restrictions apply, and recorded in the Registry of Deeds of New Hanover County, North Carolina.
(11) If the Developers, or any one of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person, or persons, owning any real property situate in the said MCLAIN HEIGHTS, SECTION I, to prosecute any proceedings at law or in equity against the person, or persons, violating or attempting to violate any such covenants, and either to prevent him or them from so doing or to recover damages, or other dues for such violation.
(12) Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other covenants herein, each of which shall remain in full force and effect.
(13) These covenants shall be construed as covenants running with the land and shall be binding on all parties and all persons claiming under the Developers until January 1, 1990, at which time these covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the recorded owners of a majority of lots
the Developers until January 1, 1990, at which time these covenants shall be automatically extended for successive periods of ten (10) years unless by vote of the recorded owners of a majority of lots in said subdivision it is agreed to change said covenants in whole or in part.
IN TESTIMONY WHEREOF, David G. McLain and wife, Thelma T.
McLain have hereunto set their hands and seals this 3/2 day of 5 оставок 1973.
David S.
DAVID G. MCLAIN Thelma J. McLain THELMA T. MCLAIN (SEAL) (SEAL) BOOK 1028 PAGE 854 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, Em Smith a Notary Public in and for the aforesaid County and State do hereby certify that DAVID G. MCLAIN and wife, THELMA T. MCLAIN, each personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and official seal this 31st day of acto 1973.
معدني My Commission Expires: 1/14/76 M Notary Public EVONNE M. SMITH NOTARY PUBLIC NEW HANOVER COUNTY Prepared by Herbert J. Zimmer STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificate of _ Evonne M. Smith, a Notary Public, is certified to be correct.
This the 25 day of April 19 75 xxxxxx By Lois C. LeRay. Register of Deeds Var li Deputy A.
Received and Recorded April 25, 1975 at 11:04 M.
Las Register of Deeds