RECORDED AND VERIFIED ΜΙΚΗ BK1172PG0684 Filed for record Date 11-24-98 Time 35 _o'clock Am JUDY G. PRICE, Register of Deeds DRAWN BY: Union County, Monroe, North Carolina Cranford, Schultze & Tomchin 2813 Coltsgate Road, Suite 200 Charlotte, NC 28211 MAIL TO: Ridgeline Development Corporation 4500 Cameron Valley Parkway, Suite 350 Charlotte, NC 28211-3552 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SOUTHBROOK SUBDIVISION KNOW ALL MEN BY THESE PRESENTS that RIDGELINE-WAXHAW, LLC, a North Carolina limited liability company (herein "Developer”), owner of the property more particularly described in Exhibit A attached hereto, does hereby covenant and agree to and with all other persons, firms and corporations hereafter acquiring the hereinafter described property located in Union County, North Carolina, that said lots are subject to the following restrictions as to the use thereof running with said property by whomsoever owned: 1.
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Residential Lots Only. All lots in the tract shall be known and described as residential lots and shall have a minimum of 10,000 square feet. No structure shall be erected, altered, placed or permitted to remain on any lot other than a single-family dwelling not to exceed two and one-half (2-1/2) stories in height excluding basement and one other accessory structure customarily incidental to the use of the lot which is constructed in harmony with the dwelling house. All houses shall have at least a single-car garage.
066617 Setbacks. No building shall be located nearer to the front property line or any side street line than the building setback line as shown on the recorded map. No building shall be located nearer any side lot than the applicable zoning ordinance
er to the front property line or any side street line than the building setback line as shown on the recorded map. No building shall be located nearer any side lot than the applicable zoning ordinance shall allow. In the event of the unintentional violation of any minimum setback requirements herein set forth, Developer, for itself and for its successors and assigns, reserves the right, by and with the mutual consent of the owner of the lot in question, to change the restrictions set forth in this instrument, provided, however, that such changes shall not exceed ten percent (10%) of the marginal requirements of such restrictions.
Minimum Square Footage. The total heated area of each dwelling unit shall be not less than 1,300 square feet under roof exclusive of any garage, porch, or similar appurtenance.
Limitation of Subdivision of Lots. No lot shall be subdivided so as to increase the total number of lots shown on said recorded plat.
Driveway. Any driveway constructed or used in or on any lot in the subdivision shall be of concrete surface only which shall be kept and maintained in good condition and repair. If the house has a two-car garage, the driveway shall be 18 BK 1172PG0685.
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feet wide at the garage and a minimum of 9 feet at the curb. For a house with a single car garage, the driveway shall be a minimum of 9 feet wide from the garage to the curb.
Union County Public Works Pump Station. The pump station lot whose address is 208 Leafmore Court shall be exempt from the requirements of these Declarations of Covenants, Conditions and Restrictions.
Roof: The majority of all roof areas on any house shall have a minimum 5/12 roof pitch.
Foundation: Any house built on a slab foundation shall have a minimum four-
enants, Conditions and Restrictions.
Roof: The majority of all roof areas on any house shall have a minimum 5/12 roof pitch.
Foundation: Any house built on a slab foundation shall have a minimum fourcourse brick masonry veneer skirt extending up the front face of the slab.
Yard: The front yard of each lot shall contain at least two trees (existing or newly planted), suitable for healthy growth in the local climate, each with a minimum caliper of 1.5 inches measured at a height of six inches above the ground.
Maintenance. Exterior maintenance, upkeep and repair to the yard, fence, walkways, shrubbery, dwelling and other improvements on each lot shall be the sole responsibility and pense of the owner of the lot. The owner of each lot shall maintain his lot or lots in a neat and clean condition, free of all trash, debris.
weeds and vines. The yard, grounds, shrubbery and trees shall be maintained in a neat and trim condition at all times.
Nuisances. No obnoxious or offensive trade or activity shall be carried on or upon any lot nor shall anything be done thereof which may be or become any annoyance or nuisances to the neighborhood.
Other Structures. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on the tract shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. No above-ground swimming pools shall be permitted on any lot. No structure shall be moved onto any lot unless it shall conform to and be in harmony with the existing structures in the tract. Nothing contained herein shall prevent a construction trailer or sales trailer from being located temporarily on a lot during the construction of improvements within the subdivision.
res in the tract. Nothing contained herein shall prevent a construction trailer or sales trailer from being located temporarily on a lot during the construction of improvements within the subdivision.
Utility and Drainage Easements. A perpetual casenient is reserved over the rear ten (10) feet of each lot for utility installation and maintenance, and public drainage, and/or as shown on the recorded map. A perpetual casement is reserved over the side five (5) feet of each lot line for utility installation, and/or as shown on the recorded map.
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" Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or a sign used by a builder or Developer to advertise the property during the construction and sales period. Developer shall have the right to place permanent signs for Southbrook within the development.
Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred, pastured or maintained on any lot, except household pets which may be kept thereon for the sole pleasure and use of the occupants, but not for any commercial use or purpose and no more than three (3) pets over the age of six (6) months which stay primarily outside the residence shall be permitted at any time.
Rubbish and Garbage. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or waste shall not be kept except in sanitary containers.
Fences and Walls. No fence or wall shall be erected on a Lot closer to the street right-of-way line than the front of the house. In the case of a corner Lot, no fence or wall shall be erected within the side yard setback adjoining the road right-of-
ed on a Lot closer to the street right-of-way line than the front of the house. In the case of a corner Lot, no fence or wall shall be erected within the side yard setback adjoining the road right-ofway, except for split rail fences.
The following types of fences or walls shall not be erected on any Lot: A.
Chain link or other metal fencing is not permitted, except that 2 inch by 4 inch metal mesh may be used with split rail fencing to contain animals or children.
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Any fence or wall in excess of six (6) feet in height.
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Any fence or wall located within the road right-of-way.
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Dog runs or animal cages.
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The location restrictions set forth above shall not pertain to any fencing erected as part of the permanent entryways to Southbrook, Clotheslines, Garbage Cans, Etc. All garbage cans, lawnmowers and similar equipment shall be kept in an enclosed structure or screened by adequate planting or fencing as to conceal same from the view of neighboring owners and streets.
Clotheslines shall not be used or permitted to be erected or placed on any lot.
Antennas and Satellite Dishes. No freestanding radio or television transmission or reception towers, antennas, dishes or discs shall be erected on a lot. Only one radio and one television antenna attached to the residence not exceeding five (5) feet in height above the roofline of the residence and only one (1) dish attached to 3 BK 1172 PG0687 20.
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the house not exceeding two (2) feet in diameter not visible from the street in front of the residence shall be permitted.
Commercial Vehicles, Buses, etc. No commercial vehicle in excess of one (1) ton capacity or buses, including, but not limited to, school buses, shall be parked
ont of the residence shall be permitted.
Commercial Vehicles, Buses, etc. No commercial vehicle in excess of one (1) ton capacity or buses, including, but not limited to, school buses, shall be parked within the property shown on the above-described recorded plats. In addition, no boats and trailers or campers shall be parked in front of the residence on any lot, or within the front or side setback of any lot. Only one (1) boat and trailer or one (1) camper may be parked on any lot at any one time. No tagless or junk vehicles shall be parked on the street in front of the residence or on any lot unless in an enclosed garage.
Site Lines. No fence, wall, hedge or shrub planting which obstructs site lines shall be placed or permitted to remain on any corner lot within the triangle area formed by the street property lines and a line connecting them at points thirty-five (35) feet from the intersection of the street property lines extended.
Basketball Goals Within Road Right-of-Way. No basketball goal shall be erected or allowed to remain within the right-of-way of any street located within the Property.
Sign and Landscape Easement. Developer hereby reserves an easement over portions of Lot 1 and Lot 58 for the future purpose of constructing and maintaining signage and landscaping for the entrance to Southbrook Subdivision.
The easement is more particularly described in Exhibit B attached hereto. This easement may be assigned to a homeowners' association comprised of owners of lots within Southbrook. The Developer shall not have any responsibility of maintenance of the signage and lanuscaping.
Covenants Independent Of One Another. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other
ility of maintenance of the signage and lanuscaping.
Covenants Independent Of One Another. 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.
Limitations. It is distinctly understood and agreed that nothing herein contained shall be taken and construed as imposing any conditions or restrictions upon any land not specifically covered by these restrictions.
Joinder of Development Lender. CB Services Corp., Trustee, and Centura Bank, owner and holder, join in the execution of these Restrictive Covenants solely for the purpose of subordinating the lien of the following recorded deed of trust (including any modifications thereof) to these Restrictive Covenants: Deed of Trust from Ridgeline-Waxhaw, LLC, a North Carolina limited liability company to CB Services Corp., Trustee for Centura, dated December 31, 1997, recorded in Book 1044, at page 272, in the Union County Registry in the original principal amount of $1,020,000.00.
BK1172PG0688 IN WITNESS WHEREOF, the parties have caused these documents to be executed this.
day of 1998.
[Corporate Seal] ATTEST: RIDGELINE-WAXHAW, LLC a North Carolina limited liability company By: Ridgeline Development Corporation, Manager By: ш клизат President Secretary SERVICES PORATE CORP TRUSTEE: CB SERVICES CORP.
By: FOTT M.
[Corporate Seal] VICE President ATTEST: asst Secretary [Corporate Sea]] ATTEST: C B. ma Secretary CENTURA BANK By: B Vice President NORTH CAROLINA MECKLENBURG COUNTY BK 1172PG0689 10th November This day of 1998, personally came before me, Cheryl Robin Belcher, a notary public of the County and State aforesaid. W. Kendall Foster, who, being by me duly sworn, says that he is President of RIDGELINE DEVELOPMENT
, personally came before me, Cheryl Robin Belcher, a notary public of the County and State aforesaid. W. Kendall Foster, who, being by me duly sworn, says that he is President of RIDGELINE DEVELOPMENT CORPORATION, manager of Ridgeline-Waxhaw LLC, a North Carolina limited liability company, and that the seal affixed to the foregoing (or annexed) instrument in writing is the corporate seal of RIDGELINE DEVELOPMENT CORPORATION, and that said writing was signed and scaled by him in behalf of said corporation for the partnership by its authority duly given by said corporation and partnership. And the said President, W. Kendall Foster, acknowledged the said writing to be the act and deed of said corporation and partnership.
(Offical Scal)" ELCHER NOTARY' My Conimising piros; § 09/17/92 Cher Robin Belcher Cheryl Robin Belcher NORTH CAROLINA MECKLENBURG COUNTY 1. Jofane Rkiria hereby certify that Dana Wicker, personally appeared before me this day and stated a notary public of the County and State aforesaid, do that (s)he is asst. setry of CB Services Corp., Trustee for Centura Bank, and acknowledged, on behalf of CB Services Corp., the due execution of the foregoing instrument.
Witness my hand and official seal this the 18th day of Nov: 1998.
(Official Seal)Notary Public My commission expires: 9-7-2003 BK 1172PG0690 NORTH CAROLINA MECKLENBURG COUNTY I, JoAme R Kir certify that Cecelia B. Thomas acknowledged that (s)he is Asst.
personally came before me this day and , a notary public of the County and State aforesaid, Secretary of Centura Bank, 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 vice president.
attested by herself/himself as its assF sealed with its corporate seal and
uthority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its vice president.
attested by herself/himself as its assF sealed with its corporate seal and Secretary.
Witness my hand and official seal, this 1877 day of Nov., 1998.
(Official Seal) Дек RK Notary Public My commission expires: 9-7-2003 NORTH CAROLINA Union County Cheryl Robin Belcher, Joanne & Kirk this Notary Public of.
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684 (are) certified to be correct. This instrument was presented for registration and recorded in this office at Book 11.72. Page...
24 day of nox JUDY G. PRICE, REGISTER OF DEEDS 19.....
98 8:35 A By: Cindy S. Dodwin Aur Deputy BK1033PG04651172PG0691 EXHIBIT "A" BEGINNING at the southeastern corner of Ora F. Hasty property, Deed Book 547, Page 94, (N.C. Grid Coordinates, NAD 83, N 434,702.02 feet, B 1,479,297.24 feet) and runs with the line of Henry T.
McBride, Jr. property. (Deed Book 545, Page 375), South 12-15-43 West 424.74 feet, South 77-50-43 East 541.91 feet, to a point in the western right-of-way line of Cureton Streat (unopened); thence with said right-of-way line South 07-50-39 East 417.04 feet to the intersection of said right-of-way line with the northern right-ofway line of Armfield Street (unopened); thence with the right-ofway line of Armfield Street South 76-20-11 Weet 856.78 feet; thence North 29-34-52 West 152.36 feet; thence North 51-30-22 West 131.26 feet; thence South 80-07-20 West 325.34 feet, thence South 06-56-16 East 24.50 feet; thence South 83-40-02 West 503.23 feet crossing Washington Street (unopened at 200.70 feet); thence to a point in (unopened); the northwestern right-of-way line of Mill Street thence with said right-of-way line North 22-02-12 East 1,063.52
crossing Washington Street (unopened at 200.70 feet); thence to a point in (unopened); the northwestern right-of-way line of Mill Street thence with said right-of-way line North 22-02-12 East 1,063.52 feet to a point within the right-of-way of Blythe Mill Road; thence with Ora P. Hasty property North 62-44-50 East 454.45 feet, North 87-16-37 East 482.43 foot to the point of BEGINNING, and containing 30.82 acres, Killough, N.C.R.L.S., as surveyed by Edward L.
November 17, 1997, Title is held as follows Daniel S. Davis Frances D. Thompson Daniel S. Davis, Jr.
Richard T. Davia Mary Jane Collins 25 Undivided Interest 25 Undivided interest St Undivided Interest St Undivided Interest St Undivided Interest Exhibit B 11 BK 1172PG0692 Sign and Landscape Easement Lot 1 Beginning at the northwest corner of Lot 1 on the southern R/W of Blythe Mill Road, thence with the north property line of Lot 1 N82-44-50E 40,00 ft., thence with a new line across Lot 1 S-03-07-22W 73.97 ft. to a point on the northern R/W of Southcliff Drive, thence with the R/W of Southcliff Drive the following two calls, N32-13-04W 61.59 ft., thence with the are of a circular curve to the right, said are having a radius of 22.00 ft. and an arc distance of 17.39 ft., said are having a chord bearing of N09-34-24W and a chord distance of 16.94 ft. to the point and place of Beginning.
Lot 58- Beginning at the northern most point of Lot 58 on the southern R/W of Blythe Mill Road, thence with the southern R/W of Southcliff Drive the following two calls, with the arc of a circular curve to the left, said are having a radius of 22.00 ft. and an are distance of 19.27 ft., said are having a chord bearing of $57-18-59E and a chord distance
wing two calls, with the arc of a circular curve to the left, said are having a radius of 22.00 ft. and an are distance of 19.27 ft., said are having a chord bearing of $57-18-59E and a chord distance of 18.66 ft., thence S32-13-03E 53.98 ft., thence with a new line across Lot 58 N63-2256W 62.35 ft. to a point on the western property line of Lot 58, thence with the western property line N22-02-12E 30.00 ft. to the point and place of Beginning.