NORTH CAROLINA UNION COUNTY BOOK 448 PAGE 709 Filed for record Date: 2:00 1-24-89 Reference Time O'NEIL L. PLYLER, Register of Deads Union County, Monroe, North Carolina o'clock. _ M.
RESTRICTIVE COVENANTS THIS DECLARATION, made this 20th day of January, 1989, by RICHFIELD, a North Carolina corporation, hereinafter referred to as "Declarant" or WITNESS ETH: RECORDED IN and ."
VERTED WHEREAS, Declarant is the owner of that certain tract of land hereinafter described, located in Union County, North Carolina, and WHEREAS, Declarant desires to subject and impose said property with mutual and beneficial restrictions, covenants, conditions and limitations of uses to which they may be put and place same under a general plan or scheme of improvement for the benefit and complement of said property, obligating the future owners of said property in accordance therewith.
NOW, THEREFORE, Declarant hereby declares that said property for which these restrictions are adopted are held and shall be held, conveyed, hypothecated, leased, rented, used, occupied and improved, subject to the following restrictions, all of which are declared and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the property herein described. The declaration of restrictions is designed for the purpose of keeping said property desirable and uniform, and in suitable esthetic and practical design and use as herein specified; and all of the restrictions herein contained shall run with the land and be binding upon all parties acquiring any right, title or interest in or to all the real property or any part or parts thereof subject to such restrictions, DESCRIPTION OF PROPERTY All those certain tracts or lots of land being situated in
ny right, title or interest in or to all the real property or any part or parts thereof subject to such restrictions, DESCRIPTION OF PROPERTY All those certain tracts or lots of land being situated in Monroe Township, Union County, North Carolina, and known as Lots 1 through 7 in New Town Acres, and more particularly described on plat recorded in the Office of the Register of Deeds for Union County, North Carolina, in Plat Cabinet File No. 276 • " Вор RESTRICTIONS In the following covenants and restrictions, whenever the term "Seller" shall appear or be used herein, it shall be deemed and construed to mean and include Richfield, Inc., its successors and assigns%; whenever either one of the terms "Purchaser" or "Owner" shall appear or be used herein, it shall be deemed and construed to mean and include both purchasers and owners and their respective heirs, legal representatives, administrators, executors and assigns; whenever "Tract" shall appear or be used herein, it shall be deemed and construed to mean and refer to any lot of land as shown upon said recorded subdivision plat.
for 1. All tracts of the subject property shall be used solely and exclusively residential purposes.
2. No tract of the subject property shall be subdivided, unless written approval is granted by the Declarant. Nothing contained herein shall be construed to prevent the erection of one building upon two or more adjoining tracts, and in such incidences, the two or more adjoining tracts, for the purpose of these restrictive covenants, shall be considered one tract.
3. No residential structure, other than as described herein, shall be erected, altered, placed, or permitted to remain on any tract other than one detached, single-family dwelling and other accessory structures customarily incidental
r than as described herein, shall be erected, altered, placed, or permitted to remain on any tract other than one detached, single-family dwelling and other accessory structures customarily incidental to country residential use, All such structures other than well houses shall be situated so that no wall or other portion thereof shall be any closer to the front of said lot than the front wall of the residential dwelling. No more than one mobile home shall be allowed on any one tract.
BOOK 448 PAGE 710 4. No livestock shall be raised, kept or maintained on any tract, with the exception of tract #7, which will allow horses. Household pets will be permitted; however, all household pets shall be contained within the boundaries of the tract on which their owners reside, and such pets shall be contained within the area of the tract that is to the rear of the dwelling unit.
5. No building shall be located nearer than 65 feet to the center line of any private or public street, nor nearer than 15 feet to any side or rear lot line, unless prior written approval is given by Seller for allowing an exception. No building shall be located within any easement.
6. Any conventional residential building located on any tract shall have a minimum of 850 square feet of heated area.. Any mobile home located on any tract shall be not less than 12 feet side and 55 feet long, excluding the tongue, or must contain at least 660 square feet of heated area. Any mobile home located on any tract shall be not more than five (5) years old at the time of placement unless prior written approval is given by Richfield, Inc. for allowing an older model to be located on any tract. The front door of any residence erected or situated on a tract shall face the main street on which any residence is
is given by Richfield, Inc. for allowing an older model to be located on any tract. The front door of any residence erected or situated on a tract shall face the main street on which any residence is located unless prior written approval is given by Richfield, Inc. for allowing an exception. All dwellings must be constructed of new materials and all the exterior of such dwellings must be completed within eight (8) months of commencement of construction; no house or portion of a house from another location shall be allowed to be placed upon any tract without the prior written permission from the Declarant.
7. All residences must be underpinned within one month after the electric power is turned on by the local utility department. Underpinning must be constructed of new materials, consisting of either brick, metallic or vinyl mobile home skirting. The use of any other type of material must receive written approval of the Seller prior to installation.
8. No basement, tent, shack, garage, barn or other outbuilding erected on any tract shall at any time be used as a residence, temporarily or permanently.
No sign boards of any description shall be displayed on any tract except signs "For Rent" and "For Sale", which signs shall not exceed 15 inches by 20 inches.
9. No toilet facilities shall be permitted outside the main structure.
The main structure shall contain inside toilets which shall be connected to an approved septic tank system in accordance with state and county health regulations.
10. A fifteen (15) foot wide easement is reserved along the inside of the front and side lot lines adjacent to a street right of way for utility and drainage easements, and a fifteen (15) foot wide utility and drainage ease-
wide easement is reserved along the inside of the front and side lot lines adjacent to a street right of way for utility and drainage easements, and a fifteen (15) foot wide utility and drainage easement is reserved along the inside of each side and rear lot line that is not adjacent to a street right of way. Other easements are reserved as shown on the recorded map of New Town Acres.
11. It shall be the responsibility of each property owner to prevent the development of any unclean, unsightly or unkempt conditions of building or grounds which shall tend to substantially decrease the beauty of the neighborhood, as a whole or of a specific area. No unused objects, unused apparatus, "to remain exposed on any property. All property shall be kept clean and free of garbage, junk, trash, debris or any substance that might contribute to a health hazard or the breeding and habitation of snakes, rats, insects or other pests.
12.
Nothing herein contained shall be construed as imposing any covenants and restrictions on any property of the owners of this subdivision other than the property to which these restrictive covenants specifically apply.
13. No offensive or noxious trade or activity shall be carried on upon any tract nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood.
14. Seller hereby reserves the right to use any of the above described property owned by it as streets for the purpose of providing access to or from the above described property or other property owned by it.
-Page 2BOOK 448 PACE 711 15. No lot or any portion thereof of any purchaser may at any time be
the purpose of providing access to or from the above described property or other property owned by it.
-Page 2BOOK 448 PACE 711 15. No lot or any portion thereof of any purchaser may at any time be used as a road, access road, street or alleyway without the express written permission of the Seller.
16. All driveways and driveway pipes shall be installed and constructed in accordance with those standards established by the North Carolina Department of Transportation for secondary residential streets.
17. Streets within the subdivision will remain private streets until.
dedicated to public use and shall remain private streets until such time as the N. C. Department of Transportation shall undertake and assume the responsibility of maintaining the roads and streets.
' 12 18. If any person, firm or corporation hereinafter owning any of said property shall violate any of the restrictions, conditions and covenants herein, it shall be lawful for Richfield, Inc., or any other person, firm or corporation owning any of the above described property restricted hereby to prosecute any proceedings at law or in equity against the person, firm or corporation violating or attempting or violate any such restrictions, conditions and covenants, and either to prevent him or it from doing so, or to recover damages or other dues for such violation, including reasonable attorney fees incurred by the party(s) seeking enforcement and costs of court.
19. The restrictions herein imposed shall remain in full force and effect for a period of twenty (20) years from the date hereof, at which time said restrictions, conditions and covenants shall be automatically extended for successive periods of ten (10) years each, unless by vote of a majority in
20) years from the date hereof, at which time said restrictions, conditions and covenants shall be automatically extended for successive periods of ten (10) years each, unless by vote of a majority in interest of the then owners of the lots restricted hereby it is agreed to change said restrictions, conditions and covenants, in whole or in part.
20. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
21, The development of additional sections of New Town Acres is contemplated by Seller, and these covenants and restrictions may be extended by supplemental declaration to surrounding and contiguous property owned by Seller by filing of record a supplemental declaration executed by Seller, or its successors or assigns.
THIS DELCARATORY STATEMENT OF LIMITATIONS, RESTRICTIONS AND COVENANTS shall run with the land and is hereby declared and voluntarily executed, this 20th day of January, 1989.
IN WITNESS WHEREOF, the undersigned corporation has caused these presents to be executed in its name by its duly authorized Vice President, attested by its Asst. Secretary and its corporate seal to be hereto affixed, this 20th day of January, 1989.
ATTEST: RICHFIELD, INC.
By: Ровится C Vice President Deborah Keight [CORPORATE SEAL] Asst. Secretary NORTH CAROLINA MECKLENBURG COUNTY "and" I, Rebecca Metcalf, a Notary Public for said County and State, do hereby certify that Deborah Knight personally appeared before me this day and acknowledged that she is Assistant Secretary of Richfield, Inc. and that by authority duly given as the act of the coproration, the foregoing instrument was signed in its name..]
efore me this day and acknowledged that she is Assistant Secretary of Richfield, Inc. and that by authority duly given as the act of the coproration, the foregoing instrument was signed in its name..] by Its Vice President, sealed with its corporate seal, and attested by herself as 15 Assistant Secretary. WITNESS my hand and notarial seal, this 20th day OfJanuary, 1989.
spion expires: 8/19/90 Rebecca Metcalf REBECCL -Page 3NORTH CAROLINA -- Union County DBOK PAGE 712 Count Rebecca Metcalf The foregoing certificate(s) of Notary Public of Meck Co., N.C Page 709 Is (se) certified to be correct. This instrument was presented for registration and recorded in this office at Book 7 this 24th day of January O'NEILL. PLYLER, REGISTER OF DEEDS By: .89 19 al 448 2:00 o'clock M.
Jaffy M. Jaylor Aas/Deputy Return to: Richfield, Inc., 5201 MONROG Rd.
Charlotte, NC. 28205 NORTH CAROLINA UNION COUNTY SON 462 PAGE 251 RESTRICTIVE COVENANTS Reference о это THIS DECLARATION, made this 25th day of May, 1989, by RICHFIELD, INC., & North Carolina corporation, hereinafter referred to as "Declarant" or "Seller."
WITNESS ETH: WHEREAS, Declarant is the owner of that certain tract of land hereinafter described, located in Union County, North Carolina, and WHEREAS, Declarant desires to subject and impose said property with mutual and beneficial restrictions, covenants, conditions and limitations of uses to which they may be put and place same under a general plan or scheme of improvement for the benefit and complement of said property, obligating the future owners of said property in accordance therewith; RECORDED and VERIFIED TMT NOW, THEREFORE, Declarant hereby declares that said property for which these restrictions are adopted are held and shall be held, conveyed, hypothecated,
ccordance therewith; RECORDED and VERIFIED TMT NOW, THEREFORE, Declarant hereby declares that said property for which these restrictions are adopted are held and shall be held, conveyed, hypothecated, leased, rented, used, occupied and improved, subject to the following restrictions, all of which are declared and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the property herein described. The declaration of restrictions is designed for the purpose of keeping said property desirable and uniform, and in suitable esthetic and practical design and use as herein specified; and all of the restrictions herein contained shall run with the land and be binding upon all parties acquiring any right, title or interest in or to all the real property or any part or parts thereof subject to such restrictions.
DESCRIPTION OF PROPERTY All those certain tracts or lots of land being situated in Monroe Township, Union County, North Carolina, and known as Lots 48 through 78 in RICHFIELD, and more particularly described on plat thereof recorded in the Office of the Register Cabinet Deeds for Union County, North Carolina, in Plat File No. 405 and 406 RESTRICTIONS In the following covenants and restrictions, whenever the term "Seller" shall appear or be used herein, it shall be deemed and construed to mean and include Richfield, Inc., its successors and assigns; whenever either one of the terms "Purchaser" or "Owner" shall appear or be used herein, it shall be deemed and construed to mean and include both purchasers and owners and their respective heirs, legal representatives, administrators, executors and assigns; whenever "Tract" shall appear or be used herein, it shall be deemed and construed
e both purchasers and owners and their respective heirs, legal representatives, administrators, executors and assigns; whenever "Tract" shall appear or be used herein, it shall be deemed and construed to mean and refer to any lot of land as shown upon said recorded subdivision plat.
1.
All tracts of the subject property shall be used solely and exclusively for residential purposes.
2. No tract of the subject property shall be subdivided, unless written approval is granted by the Declarant. Nothing contained herein shall be construed to prevent the erection of one building upon two or more adjoining tracts, and in such incidences, the two or more adjoining tracts, for the purpose of these restrictive covenants, shall be considered one tract.
-mo 3. No residential structure, other than as described herein, shall be erected, altered, placed, or permitted to remain on any tract other than one detached, single-family dwelling and other accessory structures customarily incidental to country residential use. All such structures other than well houses shall be situated so that no wall or other portion thereof shall be any closer to the front of said lot than the front wall of the residential dwelling. No more than one mobile home shall be allowed on any one tract.
See Supplemental Restrictions BIC 723 BOOK 462 PAGE 252 4. No livestock or fowl shall be raised, kept or maintained on any tract.
Household pets will be permitted; however, all household pets shall be contained within the boundaries of the tract on which their owners reside, and such pets shall be contained within the area of the tract that is to the rear of the dwelling unit.
5. No building shall be located nearer than 65 feet to the center line
hich their owners reside, and such pets shall be contained within the area of the tract that is to the rear of the dwelling unit.
5. No building shall be located nearer than 65 feet to the center line of any private or public street, nor nearer than 15 feet to any side or rear lot line, unless prior written approval is given by Seller for allowing an exception. No building shall be located within any easement.
area.
6.
Lots 48, 49, 50, 51, 52 and 78 shall be restricted to conventional, modular or double wide homes with a minimum of 1,080 square feet of heated area.
All other lots shall be restricted as follows: Any conventional residential building located on any tract shall have a minimum of 850 square feet of heated Any mobile home located on any tract shall be not less than 12 feet wide and 55 feet long, excluding the tongue, or must contain at least 660 square feet of heated area. Any mobile home located on any tract shall be not more than three (3) years old at the time of placement unless prior written approval is given by Richfield, Inc. for allowing an older model to be located on any tract.
The following applies to all the lots (Lot 48 through 78): door of any residence erected or situated on a tract shall face the main street The front on which any residence is located unless prior written approval is given by Richfield, Inc. for allowing an exception.
of new materials and all the exterior of such dwellings must be completed within All dwellings must be constructed eight (8) months of commencement of construction; no house or portion of a house from another location shall be allowed to be placed upon any tract without the prior written permission from the Declarant.
7. Residences on Lots 48, 49, 50, 51, 52 and 78 must be brick underpinned
se from another location shall be allowed to be placed upon any tract without the prior written permission from the Declarant.
7. Residences on Lots 48, 49, 50, 51, 52 and 78 must be brick underpinned or located on a brick foundation. Residences on all other lots must be underpinned before the electric power is turned on by the local utility department. Underpinning must be constructed of new materials consisting of either brick or vinyl mobile home skirting to match the home. The use of any other type of material must receive written approval of the Seller prior to installation, 8. Fences shall be allowed; however, they must be constructed of new wood or chain link. All fences must be constructed with new materials. Any other type of fencing must be approved by Seller.
well kept by the property owner.
All fencing must be maintained and 9. No basement, tent, shack, garage, barn or other outbuilding erected on any tract shall at any time be used as a residence, temporarily or permanently.
No sign boards of any description shall be displayed on any tract except signs "For Rent" and "For Sale," which signs shall not exceed 15 inches by 20 inches.
10. No toilet facilities shall be permitted outside the main structure.
The main structure shall contain inside toilets which shall be connected to an approved septic tank system in accordance with state and county health regulations, 11. A fifteen (15) foot wide easement is reserved along the inside of the front and side lot lines adjacent to a street right of way for utility and drainage easements, and a fifteen (15) foot wide utility and drainage easement is reserved along the inside of each side and rear lot line that is not adjacent to a street right of way. Other easements are reserved as shown on the recorded
foot wide utility and drainage easement is reserved along the inside of each side and rear lot line that is not adjacent to a street right of way. Other easements are reserved as shown on the recorded map of Richfield Subdivision.
12. It shall be the responsibility of each property owner to prevent the development of any unclean, unsightly or unkempt conditions of building or grounds which shall tend to substantially decrease the beauty of the neighborhood, as a whole or of a specific area. No unused objects, unused apparatus, uninsured or unlicensed automobiles or any portion thereof shall be permitted to remain exposed on any property. All property shall be kept clean and free of garbage, junk, trash, debris or any substance that might contribute to a health hazard or the breeding and habitation of snakes, rats, insects or other pests.
13. Nothing herein contained shall be construed as imposing any covenants and restrictions on any property of the owners of this subdivision other than the property to which these restrictive covenants specifically apply.
-Page 2300: 500% 462 FACE 253 14.
No offensive or noxious trade or activity shall be carried on upon any tract nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood.
15. Seller hereby reserves the right to use any of the above described property owned by it as streets for the purpose of providing access to or from the above described property or other property owned by it.
16. No lot or any portion thereof of any purchaser may at any time be used as a road, access road, street or alleyway without the express written permission of the Seller.
17. All driveways and driveway pipes shall be installed and constructed
rchaser may at any time be used as a road, access road, street or alleyway without the express written permission of the Seller.
17. All driveways and driveway pipes shall be installed and constructed in accordance with those standards established by the North Carolina Department of Transportation for secondary residential streets.
18. Streets within the subdivision will remain private streets until dedicated to public use and shall remain private streets until such time as the N. C. Department of Transportation shall undertake and assume the responsibility of maintaining the roads and streets.
19. If any person, firm or corporation hereinafter owning any of said property shall violate any of the restrictions, conditions and covenants herein, it shall be lawful for Richfield, Inc. or any other person, firm or corporation owning any of the above described property restricted hereby to prosecute any proceedings at law or in equity against the person, firm or corporation violating or attempting to violate any such restrictions, conditions and covenants, and either to prevent him or it from doing so, or to recover damages or other dues for such violation, including reasonable attorney fees incurred by the party(s) seeking enforcement and costs of court.
20.
The restrictions herein imposed shall remain in full force and affect for a period of twenty (20) years from the date hereof, at which time said restrictions, conditions an covenants shall be automatically extended for successive periods of ten (10) years each, unless by vote of a majority in interest of the then owners of the lots restricted hereby it is agreed to change said restrictions, conditions and covenants, in whole or in part.
21.
Invalidation of any one of these covenants by judgment or court order
owners of the lots restricted hereby it is agreed to change said restrictions, conditions and covenants, in whole or in part.
21.
Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and affect.
22. The development of additional sections of Richfield is contemplated by Seller, and these covenants and restrictions may be extended by supplemental declaration to surrounding and contiguous property owned by Seller by filing of record a supplemental declaration executed by Seller, or its successors or assigns.
THIS DELCARATORY STATEMENT OF LIMITATIONS, RESTRICTIONS AND COVENANTS shall run with the land and is hereby declared and voluntarily executed, this 25th day of May, 1989.
IN WITNESS WHEREOF, the undersigned corporation has caused these presents to be executed in its name by its duly authorized Vice President, attested by ite Secretary and its corporate seal to be hereto affixed, this 25th day of May, 1989.
L. Colline SEAL Secretary -Page 3RICHFIELD, INC.
By: ☑ : Vice President BOOK 462 PAGE 254 NORTH CAROLINA MECKLENBURG COUNTY I, Rebecca Metcalf, a Notary Public for said County and State, do hereby certify that Joseph L. Collins personally appeared before me this day Secretary of RICHFIELD, INC. and and acknowledged that he is that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal, and attested by him as its Secretary. WITNESS my hand and notarial seal, this 25th day of May, 1989.
My commission expires: REBECC MEFCALP NOTARY PUBLIC ECKLENBUR 8/19/90 COUNTY.
Rebecca Notary Public NORTH CAROLINA -- Union County The foregoing certificate(s) of
ial seal, this 25th day of May, 1989.
My commission expires: REBECC MEFCALP NOTARY PUBLIC ECKLENBUR 8/19/90 COUNTY.
Rebecca Notary Public NORTH CAROLINA -- Union County The foregoing certificate(s) of Ity Rebecce Metcalf Notary Public of Meck, Co., N.C.
Is (e) certified to be correct. This instrument was presented for registration and recorded in this office at Book……….
thle 3 day of O'NEILL PLYLER, REGISTER OF DEEDS October By: 19 11:40 89 Taffy M. Taylo 251 46a2eme Page A o'clock M..
Aest/Deputy MAIL Toi BRYANT Really INC.
5201 MonoRe Rd Charlotte N.C. 28205 -Page 4BOOK 482 PACE 829 103 Drawn By and Mail To: NORTH CAROLINA UNION COUNTY RECORDE ANI VERIFIEL mn RICHFIELD, INC., 5201 Monroe Rd., Charlotte, NC 28205 SUPPLEMENTAL DECLARATION EXTENDING Referenc RESTRICTIVE COVENANTS THIS SUPPLEMENTAL DECLARATION, made this 6th day of November, 1990, by RICHFIELD, INC., a North Carolina corporation, hereinafter referred to as "Declarant" or "Seller"; WITNESS ETH: WHEREAS, The Declarant filed Restrictive Covenants in the Office of Union County Public Registry on the 3rd day of October, 1989, which are recorded in Book 462 at Page 251; and WHEREAS, in Paragraph 22, it was provided that said Restrictive Covenants may be extended by a supplemental declaration to surrounding and contiguous property owned by Declarant by filing of record a supplemental declaration executed by Declarant, and WHEREAS, this Declaration is filed for that purpose; NOW, THEREOFRE, Declarant hereby declares that the Restrictive Covenants recorded in Book 462 at Page 251 are extended to include the property hereinafter described, and said property shall be subject to said restrictions in the same manner and to the same extent as if said property had been initially
251 are extended to include the property hereinafter described, and said property shall be subject to said restrictions in the same manner and to the same extent as if said property had been initially described in the description of property in said Restrictive Covenants.
Paragraphs 4 and 6 in said Restrictive Covenants are amended, and the following EXCEPT Paragraphs 4 and 6 are substituted in lieu thereof for the purpose of restricting the property hereinafter described: 14. No livestock or fowl shall be raised, kept or maintained on any tract.
Household pets, with the exception of pit bull dogs, will be permitted; however, all household pets shall be contained within the boundaries of the tract on which their owners reside, and such pets shall be contained within the area of the tract that is to the rear of the dwelling unit.
permitted."
No dog kennels will be "6. Lots 80 and 102 shall be restricted to conventional, modular, or double wide homes with a minimum of 1,080 square feet of heated area.
other lots shall be restricted as follows: All Any conventional residential building located on any tract shall have a minimum of 850 square feet of heated area. Any mobile home located on any tract shall be not less than 12 feet wide and 55 feet long, excluding the tongue, or must contain at least 660 square feet of heated area. Any mobile home located on any tract shall be not more than three (3) years old at the time of placement unless prior written approval is given by Richfield, Inc. for allowing an older model to be lcoated on any tract."
The property upon which these protective covenants are extended to cover being described as follows: All those certain tracts or lot of land being situated in Monroe Township, Union County, North Carolina, and known as lots 80
ese protective covenants are extended to cover being described as follows: All those certain tracts or lot of land being situated in Monroe Township, Union County, North Carolina, and known as lots 80 through 102 described on plat entitled "Richfield, Phase Two" recorded in Plat Book C at Page 652, in the Union County Public Registry.
THIS SUPPLEMENTAL DECLARATION EXTENDING PROTECTIVE COVENANTS shall run with the land and is hereby declared and voluntarily executed, this 6th day of November, 1990.
IN WITNESS WHEREOF, the undersigned corporation has caused this instrument to be signed in its name by its Vice President, attested by its Asst. Secretary and its corporation seal to be hereto affixed, this 6th day of November, 1990.
RICHFIELD, INC.
By: God . Camac Robert A. Canaday, Vice President RIC BLOOD SEAL sad Knight ORATE SEAL] ✓ Asst. Secretary BOOK 482 PAGE 830 fa NORTH CAROLINA UNION COUNTY I, Debora V. Winchester, a Notary Public for said County and State, do hereby certify that Deborah Knight personally appeared before me this day and acknowledged that she is Asst. Secretary of RICHFIELD, INC. and that by authority duly given, and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal, and attested by herself as its Asst. Secretary. WITNESS my hand and notarial seal, this 6th day of November, 1990.
N.G Debora V. Wind NOING UVLO My Comm. Expires: 6-24-94 NORTH CAROLINA - Union County Debora V. Winchesters The foregoing certificate(s) of Notary Publio of ✓ certified is (age ) certified to be correct. This instrument was presented for registration and recorded in this office at Book day of this 6th O'NEILL PLYLER, REGISTER OF DEEDS November By: 19 J ffy Union Co., N.C.
482 o'clock Page ……..
orrect. This instrument was presented for registration and recorded in this office at Book day of this 6th O'NEILL PLYLER, REGISTER OF DEEDS November By: 19 J ffy Union Co., N.C.
482 o'clock Page ……..
829 5:08 lock PM.
Meadow Ant Deputy RECORDED and VERIFIED sm Mail To Richfield, Inc.
5201 Monkge Rd.
CHARLOTTE, N.C.28205 NORTH CAROLINA UNION COUNTY BOOK 528 PAGE 132 Fled for card Delac 11-26-91 2:20 _s'clock.
OWNER. L. FLYZET, Register of Deeds thai danty, Huth Carolina Retinxic RESTRICTIVE COVENANTS of September, 1991, by corporation. hereinafter THIS DECLARATION made this 12th day Richfield. Inc., a North Carolina referred to as "Declarant" or "Seller".
WITNESSETH: !
WHEREAS, Declarant is the owner of that certain tract of land hereinafter described located in Union County, North Carolina, and said WHEREAS, Declarant desires to subject and impose property with mutual and beneficial restrictions, conditions and limitations of uses to covenants, which they place same may be put and under a general plan or scheme of improvement for the benefit and complement of said property, obligating the present and tuture owners of said property in accordance therewith.
NOW, THEREFORE, Declarant ' hereby declares properties for which these restrictions are shall that said held and adopted are be held, conveyed, hypothecated, leased, rented, used, occupied and improved, subject to the tollowing restrictions, all of which are declared and agreed upon for the purpose of enhancing and protecting the value, desirability and attractiveness of the property herein described. The declaration of restrictions is designed for the purpose ot keeping said property desirable and uniform, and in suitable esthetic and practical design and use as
s of the property herein described. The declaration of restrictions is designed for the purpose ot keeping said property desirable and uniform, and in suitable esthetic and practical design and use as herein specified; and all of the restrictions herein contained shall run with the land and be binding upon all parties having or acquiring any right, title or interest in or to all the real property or any part or parts thereof subject t.o such restrictions.
DESCRIPTION OF PROPERTY All those certain tracts of land being situated in Monroe Township, Union County, North Carolina, and known as Lots 8 through 14 in Phase II, New Town Acres, and more particularly described on plat recorded in the Office of the Register of Deeds for Union County, North Carolina, in Plat Cabinet C... File No. 848……..
In RESTRICTIONS the following covenants and restrictions, whenever the term "Seller shall appear or be used herein, it shall be deemed and construed to mean and include Richfield, Inc., its successors and assigns; whenever the term "Purchaser shall appear or be used herein, it shall be deemed and construed to mean and include all purchasers and their respective heirs, Legal representative, administrators, executors and assigns; whenever "Tract" shall appear or be used herein, it shall be deemed and construed to mean and refer to any lot or portion of lot of land as shown upon said recorded subdivision plat.
BOOK 528 PAGE 133 1. All tracts of the subject property shall be used solely and exclusively for residential purposes and the limited business purposes described herein.
2. Unless prior written approval is granted by Richfield, Inc. or assigns, no residential structure, other than as described herein, shall be erected, altered, placed, or permitted to remain
d herein.
2. Unless prior written approval is granted by Richfield, Inc. or assigns, no residential structure, other than as described herein, shall be erected, altered, placed, or permitted to remain on any tract other than one detached single-family dwelling and other accessory structures customarily incidental to country residential use and for farming and nursery operations. All such structures other than well houses shall be situated so that no wall or portion thereof shall be any closer to the front of said lot than the front wall of the residential dwelling unless prior written approval is granted by Richfield, Inc., or assigns.
3. Limited business ventures for livestock, farm products and nursery operations will be allowed, provided, no wholesale or retail outlet structure is built on subject property without the express written permission of Richfield, Inc. for allowing such, and further provided, that said business ventures do not become an annoyance or nuisance to the neighborhood; it being the intent of these restrictions to allow farming and nursery businesses to be carried on. However, no swine or fowl shall be raised, kept or maintained on any tract. All household pets shall be contained within the boundaries of the tract on which their owner resides.
4. No building shall be constructed nearer than 100 feet to the center line of Seven Lot Drive, nor nearer than 15 feet to any side or Year lot line, unless prior written approval is given by Richfield, Inc. for allowing an exception.
Any 5. Any conventional residential building located on any tract shall have a minimum of 850 square feet of heated area.
mobile home located on any tract shall not be less than 12 feet wide and 45 feet long. Any mobile home located on any tract shall
d on any tract shall have a minimum of 850 square feet of heated area.
mobile home located on any tract shall not be less than 12 feet wide and 45 feet long. Any mobile home located on any tract shall not be more than eight (8) years old at the time of placement unless prior written approval is given by Richfield, Inc., its successors and assigns, for allowing an older model to be located on any tract. The front door of any residence erected or situated on a tract shall face Seven Lot Drive unless prior written approval is given by Richfield, Inc. for allowing an exception.
6. All residences must be underpinned prior to having the electric power turned on by the local utility department, and within two (2) months from the time a mobile home is placed on any tract. Underpinning must be constructed new ot, consisting of either bricks metallic or 'vinyl mobile skirting. The use of any other type of material written approval of the Seller prior to installation.
materials, hoine must receive Page 2 BOOK 528 PAGE 134 7.
No basement, tent, shack, outbuilding erected on any tract shall temporary or permanent residence.
8.
barn or other time be used as a garage, at any No outside toilet or toilet facilities shall be 'permitted outside the main structure. The main inside toilets which shall be connected to an approved septic tank structure shall contain system in accordance with state and county health regulations.
9. A fifteen (15) foot wide easement inside of is reserved the front along the lot line street right of way for utility and draining easement, and a ten (10) foot wide along easement is reserved the inside of each interior side and rear lot line.
fifteen (15) foot wide A easement is reserved along each exterior the inside of exterior Year lot line. Other easements
e along easement is reserved the inside of each interior side and rear lot line.
fifteen (15) foot wide A easement is reserved along each exterior the inside of exterior Year lot line. Other easements on recorded maps of New Town Acres are reserved side and as shown subdivision.
10. It shall be the responsibility of each property owner to prevent the development of any unclean, conditions of building or grounds substantially decrease the beauty of the or unsightly or unkempt which shall tend to neighborhood as of a specific a whole area. No unused objects, unused apparatus, uninsured or unlicensed automobiles or any portion thereof shall permitted to remain exposed on any property.
shall be kept clean and free All property of garbage, substance junk, trash, any debris or that might contribute breeding and habitation of snakes, rats, insects or other pests.
to a health hazard or the be 11. Nothing herein contained shall be construed any covenants and restrictions the subdivision as imposing property of the owners of Property to which these on any other than the restrictive covenants specifically apply.
12.
No offensive or noxious tract ΠΟΥ shall trade or activity shall be anything be done thereon cause embarrassment, discomfort, annoyance of nuisance to the neighborhood.
carried on upon any tending to 13.
declare Seller hereby reserves the right to use, dedicate and any of the above described easement and right-of-way for streets for the purpose of providing property owned by it as temporary or Permanent access to or from the above described property or other property owned by it, prior to its sale.
14. No lot or any portion thereot of any purchaser may at any time be used 89 a road, access road, street or alleyway without the express written permission of the Seller.
ed by it, prior to its sale.
14. No lot or any portion thereot of any purchaser may at any time be used 89 a road, access road, street or alleyway without the express written permission of the Seller.
15. All driveways and driveway pipes shall constructed in 'be installed and accordance with those standards established by the North Carolina Department or residential streets.
Transportation tor secondary Page 3 BOOK 528 PAGE 135.
16. The Street within the not dedicated to public use and subdivision is a private street will be maintained by Developer until the responsibility therefor is assumed by the New Town Acres Street Owners Association as hereinafter hereby provided.
reserves the Developer right to use any property owned by it of the street or other for the from the above purpose of providing access described property or other property owned by it.
to or 17. The Developer shall have committee composed of not less than three (3) (5) property and the authority to designate a пог моге than five owners to fulfill the responsibilities of Developer with regard to consent Restriction Agreement.
approval requirements of this The committee, when shall have named by Developer, all privileges, power, rights, and vested authority in Developer, including the right to name a successor committee, the composition of which shall be approval of a majority subject to of the then members of the New Town Acres theretofore Street Owners Association.
For the 18. New Town Acres Street Owners Association: purpose of maintaining the private road, Seven Lot Drive, traffic control, drainage easements, and enforcement of the declaration of restrictions, for the general use and benefit of all lot owners of Phase II, New Town Acres, each and every owner accepting a of a
ic control, drainage easements, and enforcement of the declaration of restrictions, for the general use and benefit of all lot owners of Phase II, New Town Acres, each and every owner accepting a of a deed or contract for any lot in such premises, agrees lot in to and shall be a member of and be subject to the duly established bylaws and obligations and rules of the New Town Acres Street Owners Association. The following provisions shall constitute the initial bylaws and rules thereof, and shall be incorporated in any bylaws and rules which may be subsequently adopted by the New Town Acres Street Owners Association: (a) Membership: shall be a member of appurtenant to and may lot.
Every owner of lot numbered 8 through 14 the Association.
not be separated from Membership shall be ownership of each (b) Voting Rights: All owners shall be entitled to one vote for each lot owned. When more than one person owns an interest in any lot, all such persons shall be members. but only be cast with respect to one lot.
one vote may of a (c) Board of Directors and Officers: The Association shall have a Board of Directors of not less than five (5) nor more than seven (7) Members and shall have officers consisting President, Vice-President, Secretary and Treasurer and such other officers as the members shall elect. The initial Board of Directors shall be appointed by the Developer.‹ The Board of Directors shall adopt bylaws, to govern the normal and customary affairs and business of the Association subject thereto.
and all members shall be Page 4 BOOK 528 PACE 136 (d) Meetings: Annual meetings held at a time and place of the membership shall be designated by the Board Special meetings shall be of Directors.
held on gall of Board of Directors with not the President of the less than
meetings held at a time and place of the membership shall be designated by the Board Special meetings shall be of Directors.
held on gall of Board of Directors with not the President of the less than thirty (30) days written notice to the owners or pursuant to such ten (10) ΠΟΥ more than other reasonable meeting requirements established Voting shall be in its bylaws.
by simple majority vote (except for voting on by law changes which shall require a representation of 50% or more of the lots required to constitute a two-thirds majority) with quorum.
(a) Assessment for Maintenance of Roads, Traffic Control and Road Drainage Easements: Each and every lot owner, for himself, his heirs, executors, and assigns, annually his covenants and pro rata agrees share of to pay the cost traffic to maintain the roads, control, road drainage easements and The lot owner's assessment in this regard shall be entorcement of paid promptly when same becomes due and failure to pay same promptly when due shall constitute a lien upon in the event of his the lot or lots owned and same may be enforced in equity as in the restrictions.
least 50% subdivision.
of tracts case of any lien foreclosure. Each owner's assessment for each tract or lot shall be proportionate to the total number or lots than sold in Phase II, New Town Acres subdivision, and the assessment period shall begin upon the sale by of the Developer of at then existing lots in Phase II, New Town Acres Such assessments shall accrue to the benefit of and may be enforced jointly and severally by the other property owners in the subdivision. or by the New Association, or by the committee provided for in Item 17 above, or Town Acres Street Owners by the Developer. Any and all of the aforesaid parties shall have such rights and powers
sion. or by the New Association, or by the committee provided for in Item 17 above, or Town Acres Street Owners by the Developer. Any and all of the aforesaid parties shall have such rights and powers assessments including the right as are necessary to collect said to institute civil actions for plus reasonable attorney's fees.
body shall At such undertake to maintain the private recovery of the same time as any public road, this covenant shall terminate.
the Developer.
(F) Developer as Member of New Town Acres Street Owners Association: Notwithstanding any of the other provisions hereof, shall have no obligations relative to assessment fees upon the sale of 50% or more of the lots then existing in all sections of Phase II, New Town Acres Subdivision that abut a Developer shall not be required to become Owners Association, even private road or street.
a inember of the New Town Acres Street though it owns lots in the subdivision that abut a private road or street, but may, at its sole discretion, elect to become a member and exercise all the rights and privileges thereof.
Page 5 BOOK 528 PAGE 137 19. If any person, firm or corporation hereinafter owning any of said property shall violate any of the restrictions, conditions and covenants herein, it shall be lawful for New Town Acres Street Owners Association, Richfield, Inc. or any person, firm or corporation owning any of the above described property restricted hereby to prosecute any proceedings at law or in equity against the person, firm or corporation violating or attempting to violate any such restrictions, conditions, and covenants, and either to prevent him or it from doing so, or to recover damages or other dues for such violation including any and all related legal expenses.
20.
ny such restrictions, conditions, and covenants, and either to prevent him or it from doing so, or to recover damages or other dues for such violation including any and all related legal expenses.
20.
The restrictions herein imposed shall remain in full force and effect for a period of twenty (20) years from the date hereof, at which time said restrictions, conditions and covenants shall be automatically extended for successive period of ten (10) years each, unless by vote of a majority in interest of the then owners of the lots restricted hereby it is agreed to restrictions, conditions and covenants, in whole or in part.
change said 21. Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
THIS DECLARATORY STATEMENT OF LIMITATIONS, RESTRICTIONS AND COVENANTS shall run with the land and is hereby declared and voluntarily executed this 12th day of September, 1991.
IN WITNESS WHEREOF, the undersigned corporation has caused these presents to be executed in its name by its duly authorized officers, and its corporate seal to be hereto affixed by authority of its Board of Directors, this the 12th day of September, 1991.
RICHFIELD, INC.
By: Willi Algerian Knight Corporate seal) NI Asst. Secretary Page 6 President Book 528 PAGE 138 NORTH CAROLINA MECKLENBURG COUNTY I, Virginia W. Dover ..
a Notary Public for said County personally appeared before me is/Secretary of RICHFIELD, INC. and that by this day and acknowledged that she and as the act authority duly given, of the corporation, the foregoing instrument was signed in its name by its corporate seal, and attested by herself as its/Secretary. WITNESS
acknowledged that she and as the act authority duly given, of the corporation, the foregoing instrument was signed in its name by its corporate seal, and attested by herself as its/Secretary. WITNESS President Sealed with its Asst.
my hand and notarial seal, this _ 12th day of September 1991.
Luzina Done Notary Public My commission expires: 7-15-95 3/1119 NORTH CAROLINA - Union County The foregolas unificats(t) of…………….
Virginia W. Dove Notary Public of Meck Co. N.C.
ha 1 (960) this day of certified to be correct. This tent was presented for registration and recorded in this offics at Book 26th O'NEILL. PLYLER, REGISTER OF DEEDS 528 132 •Pape.
November) 91 19 2:20 ay o'clock M.
By BT. Sappey L. Meadows …………………………Asst/Deputy Page 7