BOOK 819 PAGE 517 STATE OF NORTH CAROLINA : COUNTY OF NEW HANOVER : DECLARATION OF RESTRICTIONS ON PINEYWOODS, SECTION "H" THIS DECLARATION OF RESTRICTIONS, Made this the 19th day of August, 1967, by and between THE OLEANDER COMPANY, INCORPORATED, a corporation of the State of North Carolina, with its principal place of business in the City of Wilmington, North Carolina, hereinafter sometimes referred to as the "DEVELOPER", WITNESS ETH: THAT WHEREAS, The Oleander Company, Incorporated is developing a certain piece of property known and designated as Pineywoods, Section "", as shown by the map now or to be hereafter recorded in the Office of the Register of Deeds of New Hanover County; and WHEREAS, the said The Oleander Company, Incorporated is desirous of placing certain restrictions on said property in order to provide for a uniform system of development of said property, and in order to protect the property owners with regard to the development of the said property; NOW, THEREFORE, it is hereby declared by the said The Oleander Company, Incorporated, that the following restrictions shall apply to all lots located in the Subdivision known as Pineywoods, Section "H" as shown by the map recorded or to be recorded in the Office of the Register of Deeds of New Hanover County: 1. The lots in this property shall be subject to any restrictions which have been placed on the property by Hugh MacRae & Co., Inc., or any other party or parties in the chain of title thereto.
2.
The lots in this section of this subdivision numbered 1 through 45 shall be used for residential purposes only and no dwelling shall be erected on any residential plot other than one detached single family dwelling not to exceed two and onehalf stories in height and a one or two car garage .
al purposes only and no dwelling shall be erected on any residential plot other than one detached single family dwelling not to exceed two and onehalf stories in height and a one or two car garage .
3. No building shall be erected nearer the front street line than 50 feet on any lot in this section of this subdivision, and no building shall be erected nearer an adjacent property line than 10 feet.
BOOK 819 PACE 518 -24. No lot, as shown by the official plan of above lots, shall be resubdivided unless such part of the subdivided lot becomes a part of a whole lot and the remainder of the subdivided lot becomes a part of another whole lot.
5. No trailer, basement, tent, shack, garage, barn or other out-building erected on the tract shall at any time be used as a residence.
6. The design of all buildings which shall be erected or moved onto any lot will be subject to the approval of the developer or a committee appointed by the developer. Upon written request by a lot owner for approval of plans the developer or said committee shall have ten days to approve or disapprove the plans including approval of furnace location.
In the event of failure to approve or disapprove within the ten days such approval will not be required, provided the design of the proposed building is in harmony with the existing structures in the section. In any case, with or without approval, no dwelling shall be constructed on any lot in the development with an interior area of less than 1400 square feet. Provided that in cases in which the interior floor space falls below the minimum set out above but in which there is additional porch space and a garage under the main roof of the house, the developer or the approval committee may, at its option, approve the construction of the dwelling
above but in which there is additional porch space and a garage under the main roof of the house, the developer or the approval committee may, at its option, approve the construction of the dwelling as long as it is in conformity with the general development of the subdivision. All dwellings must be of wood, stone, brick, brickveneer, tile and stucco, concrete or concrete and stucco structure, or asphalt shingles, I and all architectural designs appropriate to the subdivision.
Garages on dwelling lots must be constructed of the same materials as specified for dwellings. It is the express intention of the developer to maintain in this section a uniform plan of development with respect to design, size, type, cost, and general appearance of the structures to be erected on the lots therein.
7. These covenants and restrictions are to run with the land and shall be binding on all parties or persons claiming under them.
8. That until such time as municipal sewerage is available, sewerage disposal shall only be by septic tank to meet the approval of the North Carolina State Board of Health.
9. It shall be the obligation of each property owner to provide, install and maintain adequate culvert or drainage pipe beneath his or her driveway as it crosses the ditch or street line at the front of his or her lot in order that the natural flow of drainage will not at any time be blocked along the street, and the culvert or drainage pipe must be of sufficient size to accommodate the flow of surface water in the ditch lines, and in no instance shall the said drainage pipe be less than 12 inches in diameter.
10. If the parties hereto or any of them, or their heirs, successors or assigns shall violate or attempt to violate any DEHOLES BELL EAL BOOK 819 PAGE 519 -3-
pipe be less than 12 inches in diameter.
10. If the parties hereto or any of them, or their heirs, successors or assigns shall violate or attempt to violate any DEHOLES BELL EAL BOOK 819 PAGE 519 -3of the covenants herein, it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prévent him or them from so doing or to recover damages or other dues for such violation.
11.
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which will remain in full force and effect.
IN WITNESS WHEREOF, The Oleander Company, Incorporated has caused this instrument to be signed in its name by its President, attested by its Assistant Secretary, and its corporate seal to be hereto affixed, all the day and year first hereinabove written.
THE OLEANDER COMPANY, INCORPORATED Hugh Macha I By Hugh MacRae II, President TEST: 2.9.
F. A. Debnam, Assistant Secretary STATE OF NORTH CAROLINA : COUNTY OF NEW HANOVER : I, Madie Bell Mitchell for the County and State aforesaid, hereby certify that F. A. DEENAM pera Notary Public in and sonally appeared before me this day and acknowledged that he is Assistant Secretary of THE OLEANDER COMPANY, INCORPORATED, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself as its Assistant Secretary.
BITCHE October Witness my hand and notarial seal this 18th day of August, 1967.
Bell Mitchell Notary Public OTARY PUBLI ANOVER
h its corporate seal, and attested by himself as its Assistant Secretary.
BITCHE October Witness my hand and notarial seal this 18th day of August, 1967.
Bell Mitchell Notary Public OTARY PUBLI ANOVER commission expires: 2-6-68 STATE OF NORTH CAROLINA, New Hanover County The Foregoing Certificates of...Madie. Bell. Mitchell.
Notary Public of New Hanover County, is certified to be correct.
This the...18...day of...Oct.
…….A. D., 19.67 Drawn By... Hogues. Hill & Rowe Received and Recorded OCT 18 1967 4:14P.M.
Paul Blanchard Register of Decids Paul Blanchard, Register of Deeds By Vallama put cha Kame