Prepared by tra to GRIFFIN, CALDWELL, HELDER, LES, .
HELMS & HUTAFF, P.A.
FO.Drawer 99 Monroe, NC 28111-0099 BK 1100 PG009 Brided for woodDate Ame 7825 JUDY & PROCE, Regicher of Deads Union Gaunty, Monroe, North Carolice DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAEWYCK AND RECORDED THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, is mode this 14th day of May, 1998, by SANDY RIDGE DEVELOPERS, LLC, a North Carolina limited liability company, hereinafter referred to as "Declarant."
WITNESSETH: VERIFIED MKH WHEREAS, Declarant is the owner of the real property which is described in Article II hareof, and desires to create thereon an exclusive residential community of single-family houses to be named "Tracwyck"; and WHEREAS, Declarant desires to insure the attractiveness of the subdivision and to prevent any future impairment thereof, to prevent nuisances, to preserve, protect, and enhance the values and for the maintenance and upkeep of the Common Ares, as hereinafter defined; and, to this end desires to subject the said real property to the covenants, conditions, restrictions, casements, charges, and liens hereafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Declarant has incorporated or will incorporate under North Carolina law the Trzewyck Homeowners Association, Inc. as a nonprofit corporation for the purpose of exercising and performing the aforesaid functions.
NOW, THEREFORE, Declarant, by this Declaration of Covenants, Conditions and Restrictions, does declare that all of the property described in Article Il hereof is and shall be held, transferred, sold, conveyed, and accupied subject to the covenants, conditions, restrictions, easements,
ons, does declare that all of the property described in Article Il hereof is and shall be held, transferred, sold, conveyed, and accupied subject to the covenants, conditions, restrictions, easements, charges, and liens set forth in this Declaration which shall run with the real property and be binding on all partics owning any right, title, or interest in said real property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I DEFINITIONS 046221 Section 1 Honstowners Association" shall mean and refer to the Traewyok. Homeowners Association, Inc., a North Carolina nonprofit corporation, its successors and assigns.
Section 2. "Owner" shall mean and refer to the recard owner, whether one or more persons or entities, of the fee simple title to any loi (as hereinafter defined) which is a part of the properties, including contract sellers, but excluding Declarant and those having such interests merely as security for the performance of any obligation.
See Decorations of Covenants 03 e And B1181 Pg. 262 Section 3. "Properties" shall mean and refer to the property described in Article II hereof, and any additions thereto as are or shall become subject to this Declaration.
' Sections. "Common Arta“ shall inean all real property owned by the Homeowners Association for the common use and enjoyment of the Owners. Common Area within the Properties shall be shown on the Plat(s) of Traewyck recorded or to be recorded in the Union County Public Registry and designated thereon as "Common Areas," but shall exclude all Lots and public streets dedicated and excepted in accordance with Article IV, Section 3.
Section 1. "Lot" shall menn and refer to any numbered plot of land, with delineated boundary
shall exclude all Lots and public streets dedicated and excepted in accordance with Article IV, Section 3.
Section 1. "Lot" shall menn and refer to any numbered plot of land, with delineated boundary lines, appearing on any recorded subdivision map of the Properties with the exception of the Common Area and public streets dedicated and accepted in accordance with Article IV, Section 3.
Section 6. "Declarant" shall mean and refer to Sandy Ridge Developers, LLC, a North Carolina limited liability company and any party to whom Sandy Ridge Developers, LLC shall assign its rights as Declarant.
Section 7. "Member" shall mean and refer to every person or entity who holds membership in the Homeowners Association.
ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION AND WITHIN THE JURISDICTION OF THE HOMEOWNERS ASSOCIATION Section The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration, and shall be within the jurisdiction of the Homeowners Association is located in the Town of Indian Trail, Union County, North Carolina, und is more particularly described on Exhibit A attached hereto and incorporated herein by reference.
Section 2. Additions to Existing Properly: Additional land may be brought within the scheme of and made subject to this Declaration and the Homeowners Association in the following manner: (a) (b) All or part of the fand adjacent to the property described in Exhibit A and owned by the Declarant may be added to the Properties by Declarant in future stages of development without the consent of any Owner or Owners, provided that said additions must occur within six (6) years after the date of this instrument.
The additions authorized under subsection (a) above shall be made by the recordation
ny Owner or Owners, provided that said additions must occur within six (6) years after the date of this instrument.
The additions authorized under subsection (a) above shall be made by the recordation of Supplemental Declarations of Covenants, Conditions and Restrictions which shall be signed by the Declarant and shall specify the land to be added to the Properties. From and after the recordation of each Supplemental Declaration, the additional land specified therein shall be fully subject to this Declaration and to the benefits, agreements, restrictions and obligations set forth herein as if it had been a part of the Properties at the time this Declaration was recorded.
Section 3. Jadian Trail Zoning Code. The provisions of The Town of Indian Trail's zoning code and any amendments thereto shall at all times be paramount to the restrictions set forth in this Declaration and in the event of a conflict, the former shall be controlling over the latter.
ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section I. Every owner of a Lot which is subject to assessment shall be a Member of the Homeowners Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Every Owner of a Lot shall notify the acquired.
Homeowners Association of the owner's acquisition of title to a Lot within fifteen (15) days after title is Section 2. The voting rights of the membership shall be appurtenant to the ownership of the Lots. There shall be two classes of Lots with respect to voting rights and assessinents; (B) (b) Class A Lois. Class A Lots shall be all Lots except Class B Lots as the same are bereinafter defined. Each Class A Lot shall entitle the Owner(s) of said Lot to one
ng rights and assessinents; (B) (b) Class A Lois. Class A Lots shall be all Lots except Class B Lots as the same are bereinafter defined. Each Class A Lot shall entitle the Owner(s) of said Lot to one vote. When more than one person owns an interest (other than a leasehold or a security interest) in any lot, all such persons shall be Members and the voting rights appurtenant to said Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any one Class A Lot.
Class B. Lots, Class B Lots shall be all Lots owned by Declarant which have not entitled to three votes for each Class B Lot owned by it. The Class B Lots shall cease to exist and shall be converted to Class A Lots on the first to occur of: When the total number of votes appurtenant to the Class A Lots is greater than or equal to the total number of votes appartenant to the Class B Lots, or (1) (2) April 1, 2003.
Ssation 3. Notwithstanding the provisions of Section 1 and Section 2 above, the total votes cast by any nonresident Owners, other than the Deglement, shall not exceed forty-nine percent (49%) of all votes cast on any matter for action by the Owners or the Homeowners Association.
2 BK 1100PG0100 ARTICLE IV PROPERTY RIGHTS Section 1. Denora Kasement of Enjoyment. Every Owner shall have a right and essensent of Lut, subject to the following provisiona: enjoyment in and to the Common Ares, which shall be appurtenant to and pass with the title to every (a) (c) ་ (P) The right of the Homeowners Association to charge reasonable admission and other fees for the use of any recreation facilities situated upon the Common Area and to limit
e title to every (a) (c) ་ (P) The right of the Homeowners Association to charge reasonable admission and other fees for the use of any recreation facilities situated upon the Common Area and to limit the use of said facilities to Owners who occupy a residence on the Properties as their principal residence in the Town of Indian Trail, Union County, North Carolina, and to Article IV.
their families, tenants, contract purchasers and guests, as provided in Section 2 of this The right of the Homeowners Association to suspend the voting rights and rights to the use of the recreational facilities of any Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations.
The right of the Homeowners Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided, however, that such dedications or transfer shall comply with the conditions and requirements of the Indian Trail Zoning Ordinance. No such dedication or transfer shall be effective unless the Members entitled to at least two-thirds (2/3) of the votes appurtenant to Class A Lots and at least two-thirds (2/3) of the votes appurtenant to Class B Lots consent to such dedication or transfer and signify their consent and agreement in a signed and recorded written instrument. This subsection shall not preclude the Board of Directors of the Homeowners Association from granting easements to public authorities or others for the installation and maintenance of sewerage, utilities and drainage facilities upon,
e the Board of Directors of the Homeowners Association from granting easements to public authorities or others for the installation and maintenance of sewerage, utilities and drainage facilities upon, over, under and across the Common Area without the assent of the membership when, in the sole opinion of such Board, such easements do not interfere with the use and the Properties.
enjoyment of the Properties or are necessary for the convenient use and enjoyment of The right of the llomeowners Association, with the written assent of the Members entitled to at least two-thirds (2/3) of the votes appurtenant to Class A Lots and at least two-thirds (2/3) of the votes appurtenant to Class B Lots to mortgage, pledge, deed in barrowed or debts incurred.
trust, or hypothecate any or all of its real or personal property as security for money Section 2. Deleration of Use.
(a) (b) Family. The right and easement of enjoyment granted to every Owner in Section I of this Article IV may be exercised by members of the Owners' family who occupy the residence of the Owner within the Properties as their principal residence in the Town of Indian Trail, Union County, North Carolina.
Tenants or Contract Purchasers. The right and easement of enjoyment granted to every Owner in Section 1 of this Article may be delegated by the Owner to his tenants or contract purchasers who occupy a residence within the Properties, or a portion of said residence, as their principal residence in the Town of Indian Trail, Union County, North Carolina; provided that no such delegation shall relieve the Owner of his responsibility and obligations under this Declaration and the Owner shall remain fully responsible for the acts or omissions of any tenant or contract purchaser.
egation shall relieve the Owner of his responsibility and obligations under this Declaration and the Owner shall remain fully responsible for the acts or omissions of any tenant or contract purchaser.
Guests. Recreational facilities situated upon the Properties may be utilized by guests of Owners, tenants, or contract purchasers subject to the rules and regulations of the Homeowners Association, as may be established by its Board of Directors governing said use. Owners, tenants and contract purchasers shall be responsible for the conduct, acts and omissions of their guests.
Section 3, Ownership of Common Areas. Declarant shall convey the Comumon Areas to the Homeowner's Association free and clear of all liens and encumbrances. Notwithstanding the .
recordation of any map or any other action by Declarant or the Homeowner's Association, all Common areas, including cul-de-sacs and roads, if any, shall remain private property and shall not be considered as dedicated to the use and enjoyment of the public; provided, however, that the Declarant or the 3 BK1100PG0101 Homeowner's Association may offer such cul-de-sacs and roads for dedication to the appropriate governmental authorities. It' accepted for dedication by such govemment authorities, then the cul-desacs or roads shall then be considered dedicated to the use and enjoyment of the public.
Section 4. Owners' Easements for Ingress and Egress. To the extent that cul-de-sacs and roads have not been dedicated to the use and enjoyment of the public sufficient to provide access to a lot, every 101 shall be conveyed with and each Owner is hereby granted a perpetual, nonexclusive casement over any cul-de-sac or roadway which may be constructed by the Declarant and conveyed to the
a lot, every 101 shall be conveyed with and each Owner is hereby granted a perpetual, nonexclusive casement over any cul-de-sac or roadway which may be constructed by the Declarant and conveyed to the Homeowner's Association as part of the Common Area for the purpose of providing access to and from shell terminate with respect thereto.
each 1.01. Upon dedication and acceptance of such cul-de-sacs and rondwaya, these vasentent rights ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot owned within the Properties, hereby covenants and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Homeowners Association; (2) annual assessments and (2) special assessments, such assessments to be established and collected as hereinafter provided. Any such assessment, together with interest, costs and reasonable attorney's fees shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, cosis and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Honwowners Association shall be used to promote the recreation, health, safety and welfare of the residents of the Properties in connection with the use and enjoyment of the Content Area, including, but not limited to, the cast of
e used to promote the recreation, health, safety and welfare of the residents of the Properties in connection with the use and enjoyment of the Content Area, including, but not limited to, the cast of maintenance, repair, replacement or additions thereto, the cost of labor, equipment, materials, management and supervision thereat, the payment of laxes assessed against the Common Area, the procurement and maintenance of insurance in accordance with the Bylaws of the Homeowners and such other needs as naty arise.
Association, the employment of attorneys to represent the 11oareowners Association, when necessary.
Rection 3. Maximum Annual Assessment. Until January of the year inmediately following the conveyance of the first Lot by Declarant to an Owner, the maximum annual assessment shall be Sixty Dollars ($60.00) per Class A Lot and Fifteen Dollars ($15.00) per Class B Lot.
(a) (b) From and after January 1 of the year immediately following the conveyance of the first Lol by Declarant to an Owner, the maxinum annual assessment above established may be increased by the Board of Directors of the Honteowners Association, effective January 1 of each year, without a vote of membership by an amount not to exceed five percent (5%) of the maximum annual assessment of the previous year.
From and after January 1 of the year immediately following the conveyance vi the first Lot by Declarant to an Owner, said maximum annual assessment may be increased without limitation, if such increase is upproved by two-thirds (2/3) of the votes of all Members present in person or by proxy at a meeting duly called for this purpose.
Section 4. Special Assessments. In addition to the annual assessments authorized above, the
s (2/3) of the votes of all Members present in person or by proxy at a meeting duly called for this purpose.
Section 4. Special Assessments. In addition to the annual assessments authorized above, the Homeowners Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in pert, any operating cost deficit or other expense for which annual assessments receipts are insufficient or the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal as provided in Section 3(b) of this Article.
property related thereto, provided that any such assessment shall have the same assent of the Members Section 5. Assessment Rate. Bath annual and special assessments must be fixed at a uniform rate for all Lots within each class and shall be collected on an annual basis.
Section Notice and Quorum for Any Action Authorized Under Section 3 and 4. Written notice of any meeting of the Homeowners Association called for the purpose of taking any action authorized under Section 3 or 4 above shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast sixty percent (60%) of the votes appurtenant to each Class of Lots (Class A and Class B) shall constitute a quorum. If the required quorum is not present, another BK1100PG0102 mosting may be called for the same purpose and subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quonam at the preceding meeting date.
called for the same purpose and subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quonam at the preceding meeting date.
preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the Section 7. Date of Commencement of Annual Assessments: Dag Dater: Certificate of Payment The annual assessments provided for herein shall commence as to all Lots on the first day of January of the year following the conveyance to the Homeowners Association of the Common Area. When a Lot occurs shall be at the assessment rate for Class B Lots.
is conveyed by Declarant to an Owner, the annual assessment for the year in which the conveyance At least thirty (30) days before January 1 of each year, the Board of Directors of the Homeowners Association shall fix the amount of annual assessments against each Lot for the next year and at least fifteen (15) daya before January ↑ shall send written notice of such fixed assessment to every Owner subject thereto. Failure of the Board of Directors or the Homeowners Association to fix the amount of annual assessment or to notify any Owners shall not relieve any Owner of the obligation to pay assessment when due. The due dates for the payment of annual and special assessments shall be established by the Board of Directors. The Homeowners Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Homeowners Association setting forth whether the assessments on a specified Lot have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Homeowners Assocjakun.
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date
en paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Homeowners Assocjakun.
Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the annual rate of eighteen percent (18%) or the maximum interest rate permitted to be legally charged under the laws of the State of North Carolina at the time of such delinquency, whichever is the lesser. In addition to such interest charge, the delinquent Owner shall also pay such late charge as may have been theretofore established by the Board of Directors of the Homeowners Association to defray the costs of late payment. The Homeowners Association may bring an action at law against the Owner personally obligated to pay the same and/or foreclose the lien against the Lot by action or by power of sale to the extent permitted under North Carolina law, and interest, late payment fees, costs and reasonable attorney's fees of such action or foreclosure shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common Area or abandonment of his Lot.
Section 2. Subordination of the Lien to Mortgages. The liens provided for herein shall be subordinate to the lien of any mortgage or deed of trust on a Lot. Sale or transfer of any Lot shalt not affect any assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage or deed of trust pursuant to a foreclosure thereof shall extinguish the lien of such assessments to the extent the assessments became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof, but the
t the assessments became due prior to such sale or transfer. No such sale or transfer shall relieve such Lot from liability for any assessment thereafter becoming due or from the lien thereof, but the liens provided for herein shall continue to be subordinate to the lien of any mortgage or deed of trust.
Section 10, Exempt Property. All property dedicated to, and accepted by, a local public authority and all properties owned by a charitable or nonprofit organization exempt from taxation by the laws of the State of North Carolina shall be exempt from the assessments created herein. However, no land or improvements devoted to dwelling use shall be exempt from said assessments.
ARTICLE VI ARCHITECTURAL CONTROL Section 1. Extent of Contrat. No building, fence, wall, sidewalk, bodge, obstruction, driveway or other structure shall be commenced, erected or maintained upon any Lot nor shall any exterior addition, change or alteration thercio (including change of color) be made without the prior written approval of the Declarant. The areas over which Declarant shall have control shall include, but shall not be limited to, the size and plan of the residential structure, the location of the principal residential structure on the Lot, the size and plan of any attached garage, the location and manner of construction of any driveway, in-ground swimming pool, patio, mailbox or other exterior improvements, and the composition and color of all material used on the exterior of any structure. Declarant shall also have control over the removal of any trees or other vegetation from any Lot and no party shall grade, excavate upon or otherwise alter the topography of any Lot or remove any tree greater than a 5" caliper
control over the removal of any trees or other vegetation from any Lot and no party shall grade, excavate upon or otherwise alter the topography of any Lot or remove any tree greater than a 5" caliper or other vegetation therefrom without obtaining the prior written approval of Declarant. It is provided, however, that nothing herein contained shall be construed to permit interference with the development of the Property by Declarant in accordance with its general plan of development. In order to assure that location of houses will be staggered where practical and appropriate, the structures will be located with regard to the ecological constraints and topography of each individual Lot, taking into consideration topography, the location of large trees and similar considerations. The Declarant reserves the right to control absolutely and solely to decide the precise site and location of any house or dwelling or other 5 i.
BK1100PG0103 structure upon all Lots, provided, however, that such locations shall be determined only after reasonable opportunity is afforded the Lol Owner to recommend a specific sile .
Section 2. Precedure. Any party requiring approval of any proposed improvements to any Lot shall submit to Declorant plans and specifications showing in such detail and manner as Declarant shall require the nature, shape, height, materials and locations of any such improvement. Declarant , in its sole and absolute discretion, may require in particular instances that such plans and specifications be accompanied by a plat prepared by a registered land surveyor showing the location of the proposed improvements on the 1.at. All decisions by Declarant shall be based on Declarant's discretionary
ns be accompanied by a plat prepared by a registered land surveyor showing the location of the proposed improvements on the 1.at. All decisions by Declarant shall be based on Declarant's discretionary delcemination as to whether any particular improvement is suitable and harmonious with the development of the subdivision. Declarant's approval or disapproval of any proposed improvement shall be in writing. In the event that Declarant fails to approve or disapprove any such proposed improvement within thirty (30) days after plans and specifications in such detail as Declarant may require have been subinitted to it, such plans and specification shall be deemed approved. Subsequent to the approval of any plans and specifications, the Owner shall have the responsibility for making such improvements in accordance with the plans and specifications as approved. Approval by Declarant of any proposed improvements shall not constitute or be construed as approval of the structural stability, design or quality of any improvement or the compliance of any such improvement with applicable laws and codes. Refusal or approval of plans, specification or location may be based upon any grounds, including purely aesthetic considerations, which in the opinion of and the sole and uncontrolled discretion of Declarant shall be deemed sufficient.
Section 3. Duration of Contral. The Declarant will surrender the right of architectural control provided for herein, after all Lots have become Class A Luts, following which the Board of Directors of the Homeowners Association shall appoint an architectural review board (the "Architectural Review control as described in this Article.
Board"). The Architectural Review Board, when so appointed, shall have the right of architectural ARTICLE VII
rchitectural review board (the "Architectural Review control as described in this Article.
Board"). The Architectural Review Board, when so appointed, shall have the right of architectural ARTICLE VII USE RESTRICTIONS Section Land Usg. All Lots shall be known and described as residential lots. Lots are to be used exclusively for single-family residential purposes and are devoted exclusively to dwelling use. No structure shall be erected, altered, placed or permitted to remain on any Lot other than a single-family dwelling, noi la exceed two and one-half stories in height and a private garage for each unil for at least described use of the Lot.
one, but no more than three cars and other accessory structures customarily incidental to the above Section 2. Building Lines. No building shall be located nearer to the front, side or rear property lines of a Lot than the building setback lines shown on the recorded plat(s) of the Properties, if such lines are shown. In no event, shall any building be placed nearer to any front, side or rear Lot line than permitted by the Town of Indian Trail's Zoning Ordinances. Unintentional violutions not exceeding five percent (5%) of the minimum building line requirements set forth shall not be considered a violation of this section. However, the previous sentence shall not be construed to permit any violations of any conditions or requirements of the Town of Indian Trail's Zoning Ordinances.
Section 3. Sughdivision of Lots. No person or entity may subdivide or re-subdivide any Lot or Lots without the prior written consent of the Declarant.
Section 4. Size of Structure. No residential structure shall be erected or placed on any Lot having a total finished heated area of less than one thousand filty (1,050) heated square feet in addition
Section 4. Size of Structure. No residential structure shall be erected or placed on any Lot having a total finished heated area of less than one thousand filty (1,050) heated square feet in addition 10 at least a one-car garage of standard size. Such required garage may be used for any uses that are legal under the local laws and ordinances. Unintentional violations not exceeding two percent (2%) of section.
the minimum square footage requirements berein set forth shall not be considered a violation of this Section 5. Temporary Structures. No structure of a temporary nature shall be erected or allowed to remain on my Lot unless and until permission for the same has been granted by the Homeowners Association, or its designated agent or representative. This Section shall not be construction.
applicable to temporary construction trailers, sales offices and material storage facilities used during Section 6. Use of Common Area. The Common Area shall not be used in any manner except Homeowners Association.
as shall be set forth in this Declaration or as shall be approved or specifically permitted by the 81100PG0104 Section 7: Regulations, Reasonable regulations governing the use of the Common Area may be made and amended from time to time by the Board of Directors of the Homeowners Association.
All such regulations and amendments thereto shall be approved by a majority of the votes of Owner vating in person or by proxy at the annual meeting or a special meeting called for that purpose before to each Member by the Homeowners Association upon request.
the same shall become effective. Copies of such regulations and amendments thereto shall be furnished Section 8. Clothes Drying. No drying or airing of any clothing or bedding shall be permitted
uest.
the same shall become effective. Copies of such regulations and amendments thereto shall be furnished Section 8. Clothes Drying. No drying or airing of any clothing or bedding shall be permitted outdoors on any Lot or in any other unenclosed area (including patios) within the Properties other than between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday and 8:00 a.m. and 1:00 p.m.
on Saturdays (except when any such day shall fall on a holiday) and clothes hangirig devices such as aforementioned.
lines, reels, poles, frames, etc. shall be stored out of sight other than during the time and days Section Nuisances. No noxious or offensive trade or activity shall be carried on upon any neighborhood.
Lot nor shall anything be done thereof which may be or become an annoyance or nuisance to the Section 10. Residence. No trailer, basement, lent, shack, garage, barn or other outbuilding erected on the Properties shall be at any time used as a dwelling or residence, temporarily or permanently, nor shall any structure of a temporary character be used as a dwelling or residence.
Section 1 Radio and Television Antennas. No free standing radio or television or electronic reception towers, antennas, dishes or disks shall be erected on any Lot. Only radio and television antennas not exceeding fifteen (15) feet in height above the roof line of the residence and only dishes or residence shall be permitted.
disks not exceeding two (2) fect in diameter and not visible from any point on the street in front of the Section 12. Harmony of Structures. No structure shall be constructed or moved onto any Lot unless it shall conform to and be in harmony with existing structures on the Properties.
reet in front of the Section 12. Harmony of Structures. No structure shall be constructed or moved onto any Lot unless it shall conform to and be in harmony with existing structures on the Properties.
Section 13. Easements. Declarant reserves a perpetual easement and the right to grant such casement to the appropriate governmental authorities over the front and rear fifteen (15) feet of each Lot and seven and one-half (7 1/2) feet adjacent to all side Lot lines for the installation and maintenance of any and all utility lines and public storm drainage.
Section 14 Signs. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one square foot; one sign of not more than five square feet, construction and sales period.
advertising the property for sale or rent; or signs used by a builder to advertise the property during the Section 15 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs (with a limit of one exterior dog), cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
Section Trash Disposal. All nubbish, trash, garbage or waste of any kind shall be kept in sanitary containers and shall in no event be placed on Common Area. All incinerators or other equipment for the storage of disposal of such material shall be kept in a clean and sanitary condition.
Section 17. Fences. No chain link fence shall be erected on any Lot, and no fences shall be erected on any Lot closer to any street fine than the rear corners of the residence (or in any case between the residential structure located on the Lot and the road right-of-way), nor shall any fence be
cted on any Lot closer to any street fine than the rear corners of the residence (or in any case between the residential structure located on the Lot and the road right-of-way), nor shall any fence be crected except in accordance with the architectural control provisions of Article VI hereof. Provided, however, that notwithstanding anything contained in this Section or elsewhere to the contrary,.
Declerant may install decorative fencing on any Lot used by it containing a model home, and Declarant may install fences in the Common Area as Declarant deems to be necessary or appropriate, Lot.
Section 18. Swimming Pools. No above-ground swimming pools shall be permitted on any Section 19. Sight Line Limitations. No fence, wall, hedge or planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within 10 feet from the intersection of a street property line with the edge of a driveway.
BX1100PG0105 No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at suſticient height to prevent obstruction of such sight lines.
Section 20. Parking of Vehicles. No truck over one ton, school bus, camper, trailer, boat or boat trailer, recreation vehicles, nor any other vehicle, craft or watercraft shall be parked in the street, in a driveway, in the front yard or in a side yard of any Lot except as expressly permitted by the Board
recreation vehicles, nor any other vehicle, craft or watercraft shall be parked in the street, in a driveway, in the front yard or in a side yard of any Lot except as expressly permitted by the Board of Directors of the Homeowners Association or its designated subcommittee. All vehicles contained within the properties must have current valid inspection and license plates.
Section 21, Mailbox and Newspaper Box, No masonry mailbox supports shall be permitted.
Declarant may designate the type of mailbox and newspaper box that may be installed on the Properties and no other type of mailbox or newspaper box may be installed on any Lot.
Section 22, Basketball Goal Support. No basketball goal supports shall be erected or placed within any street right of way, or in font of the rear corners of the residence.
Section 23. Construction of Driveways. The driveway from the curb to the garage shall be` eighteen (18) feet.
constructed of concrete and shall provide for a pad for off-street parking of at least sixteen (16) foct by Section 24. Other Requirements. In addition to any and all other applicable requirements, each House to be constructed on a Lot shall provide for the following: The majority of all roof areas of each house shall have a minimuma slope of A.
7/12; B.
The exterior walls (excluding trim) shall have a wood, brick, stenę, viny), masonite or stucco (including synthetic stucco-type products) finish; C.
D The foundation walls shall be a minimum of sixteen inches (16") above grade; No concrete block or foundation of concrete shall be visible. Stused foundations are limited to stucco houses; B.
With respect to all one-story houses, (1) the wall of the architectural front of each house shall not run unbroken (i.e. unarticulated) for a distance greater than twenty-four
ted to stucco houses; B.
With respect to all one-story houses, (1) the wall of the architectural front of each house shall not run unbroken (i.e. unarticulated) for a distance greater than twenty-four (24) lincal feet, and (2) all wall offsets shall be at least one (1) foot in depth; F. A minimum of twenty-five percent (25%) of the architectural front wall (excluding the foundation) of any house shall have a brick, stone or stucco finish (including synthetic stucco-type products); and ARTICLE VIII EASEMENTS Easements for the installation and maintenance of fences, driveways, walkways, parking areas, water lines, gas lines, telephone, cable TV, electric power lines, sanitary sewer and storm drainage facilities and for other utility installations are reserved as shown on the recorded plats and as further described in Article VII, Section 13 of this instrument. Within any such rasements, no structure, planting or other material shall be placed or permitted to remuin which may interfere with the installation and maintenance of sewerage disposal facilities and utilities, or which may change the direction or flow or drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. Declarant and its successors and assigns, hereby ·reserves and shall have temporary easements for itself, its agents and employees over the Common Area to facilitato construction of improvements to be completed in developing the Properties.
BX1100PG0106 ARTICLE IX GENERAL PROVISIONS Section 1. Repurchase of Unimproved Lot by Declarant, In order to promote the timely development of the subdivision, it is the intention of Declararit that Owners begin construction of a
AL PROVISIONS Section 1. Repurchase of Unimproved Lot by Declarant, In order to promote the timely development of the subdivision, it is the intention of Declararit that Owners begin construction of a house within a timely manner. Therefore, in the event an Owner has not begun construction of a house on its Lot within one (1) year after the date on which such Lot was originally sold by Declarant to the initial owner thereof, Declarant shall have the option at any time thereafter and so long as construction has not begun to purchase the Lot from Owner at the same price for which such unimproved Lot was originally sold by Declarant to the initial owner thereof ("Original Price"). The Original Price shall be the actual cash purchase price of such hot and shall not include any additional expenses incurred by any party in connection with the purchase of such Lot. For purposes of this Section, construction shall be deemed not to have begun until Declarant has approved construction plans hereunder, a valid building permit has been issued, the foundation is in place, and framing has begun.
Section 2. Enforcement. The Homeowners Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, al) restrictions, conditions, cuvenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. In any such action, the court may award reasonable allomey's fees to the prevailing party. Failure by the Homeowners deemed a waiver of the right to do so thereafter..
Association or any Owner to enforce any covenant or restriction herein contained shall in no way be Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment
er..
Association or any Owner to enforce any covenant or restriction herein contained shall in no way be Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect.
Section 4. Effect of Restrictions and Amendment. The covenants and restrictions of this Declaration shall bind only the land specifically herein described and shall run with and bind that land.
This Declaration may be amended prior to April 1, 2002, by an instrument signed by the Owners of not less than ninety percent (90%) of the Lots and by the Declarant, so long as Declarant still owns any of the Lots. Any amendment must be properly recorded.
Lots, and thereafter, by an instrument signed by the Owners of not less than seventy-five percent (75%) IN WITNESS WHEREOF, Sandy Ridge Developers, LLC, Declarant, by virtue of the provisions of the preamble of the aforesaid Declaration of Covenants, Conditions and Restrictions, has caused this instrument to be duly executed under seal as of the day and year first above wriltra.
SANDY RIDGE DEVELOPERS LLC MEMBER MANAGER Richard R. Hut MEMBER-MANAGER y STATE OF NORTH CAROLINA COUNTY OF UNION and Before me, a Notary Public, personally appeared this day Jake C., Helder Richard Huff who, being duly swom, says that they are Member-Managers of SANDY RIDGE DEVELOPERS, LLC, a North Carolina limited liabilty company, and acknowledged of the company referred to in this acknowledgment, the execution and sealing of the foregoing instrument as Member-Managers on behalf of and as the act Witness my hand and notarial seal this 27 day of My commission expires: 1-11-2003 Notary Public 1998.
MIL) H 9 NOTARY PUBLIC COUNT N.C.
SHING BK 110060107
s Member-Managers on behalf of and as the act Witness my hand and notarial seal this 27 day of My commission expires: 1-11-2003 Notary Public 1998.
MIL) H 9 NOTARY PUBLIC COUNT N.C.
SHING BK 110060107 STATE OF NORTH CAROLINA COUNTY OF UNION The foregoing certificate of E Notary(ies) Public of County, North Carolina, is/ugchungby certified to be page This day of May 1998, at o'clock Am.
WDY G. PRICE Register of Deeds B. Judy He Prepared by: Griffin, Caldwell, Hebdor, Lee, Helma & Hutuff, P.A.
15/saling/resi/ion.abesk,ran 10 !
BK1100PG0108 EXHIBIT "A" Being all property shown on Maps 2A, 3, 4 and 5 of Traewyck, Vance Township, Union County, North Carolina, prepared by Robert B. Rembert, R.L.S. and recorded in Plat Cabinet F, File Nos. 98, 99, 100 and 101 in the Union County Register of Deeds office.
Sea RECORDED AND VERIFIED Time PHIA JT Filed for record Date_ Drawn by and return to: Griffin, Caldwell, Helder, Lee, Helms, & Hutaff, P.A.
P.O. Drawer 99, Monroe, NC 28111 BK1181PG0262 12-11-98 JUDY G. PRICE, Register of Decde Union County, Monroe, North Carolina AMENDMENT OF AND SUPPLEMENTARY DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAEWYCK THIS AMENDMENT AND SUPPLEMENTARY DECLARATION, made as of the date hereinafter set forth by Sandy Ridge Developers, LLC, hereinafter referred to as "Declarant": WITNESSETH: WHEREAS, Declarant has heretofore executed the Declaration of Covenants, Conditions and Restrictions for TRAEWYCK, filed for recorded in Book 1100, page 98, of the Union County Public Registry; and WHEREAS, pursuant to Section 4, Article IX, of the Declamation, the restrictions may be
nd Restrictions for TRAEWYCK, filed for recorded in Book 1100, page 98, of the Union County Public Registry; and WHEREAS, pursuant to Section 4, Article IX, of the Declamation, the restrictions may be amended by a majority vote af not less than ninety percent (90%) of the Lot Owners; and WHEREAS, pursuant to Section 2, Article II, of the Declaration, the Declarant reserves the right to annex additional land and makes the same subject to the Declaration: NOW, THEREFORE, the Declarant does hereby publish and declare that Section 24 C of Article VII, providing for a foundation wall with a minimum of sixteen (16") inches above grade shall be stricken in its entirety, and the Declarant does further hereby publish and declare that all of the land more particularly described below is made subject to this Declaration, as amended, and all of the terras and conditions thereof. The additional land hereby annexed is more particularly described as follows: Being all of the lots as shown on TRAEWYCK plats recorded in Plat Cabinet F, File 22B; Plat Cabinet F. File 229; Plat Cabinet F, File 230; and Plat Cabinet F, File 231, all of the Union County Registry, IN WITNESS WHEREOF, the Declarant has caused this Amendment of and Supplementary Decimation of Covenants, Conditions and Restrictions for TRAEWYCK Subdivision to be signed and sealed by its duly authorized member managers as its act and deed this the.
_ day of October, 1998, and the owners of a sufficient number of lots to equal not less than ninety percent (99) of the Lots in TRADWYCK Subdivision have indicated their assent to the amendment thereof by execution of the Amendment and Supplementary Declaration.
003343 SANDY RIDGE DEVELOPERS, LLC BY: Jake C. Helder, Member Manager Richard R.
BY: Ate Richard R. Hutaff, Member Manager
mendment thereof by execution of the Amendment and Supplementary Declaration.
003343 SANDY RIDGE DEVELOPERS, LLC BY: Jake C. Helder, Member Manager Richard R.
BY: Ate Richard R. Hutaff, Member Manager A & S CONSTRUCTION, INC.
Secretary LEWIS HOMES INCORPORATED 8. Dari Bucking By: Pres Attest By: President Secretary BK1181PG0263 D. BALLARD CONSTRUCTION, INC.
Attest: لعملا B. Ball President Secretary AMERIFIRST DEVELOPMENT CORPORATION Attest: Mary Chapman By:, Secretary R.D. HARRELL COMPANY Attest: Im WV Rishis Secretary 7. Met OR.
..
President By: amll President METZ, JR.
KNITCHEL V. HERRON (SEAL) (SEAL) (SEAL) STATE OF NORTH CAROLINA COUNTY OF UNION I, a Notary Public of the aforesaid county, do hereby certify that JAKE C. HELDER and RICHARD R. HUTAFF, member managers of SANDY RIDGE DEVELOPERS, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledged the pay referred to in this acknowledgment.
xecution and sealing of the foregoing instrument as Manager on behalf of and as the act of the NOTARY PUBLIC UNION RUALIO ON December Witness my hand and seal this 9 day of October 1998.
Michelle K Suevas COUNT mission expires: 1/20/2003" STATE OF NORTH CAROLINA COUNTY OF UNION Notary Public being duly sworn, says that he is the Before me, a Notary Public, personally appeared this day Arlie RUSHING wito, Secretary and that DORIS RUSHING is the President of A & S CONSTRUCTION, INC., the corporation described in and which executed the instrument was executed in its corporate name by the said foregoing instrument; that he/she knows the common seal of said corporation; that the foregoing President and attested to by the said Secretary who affixed the common scal thereto, all by order of the Board of Directors of said
he/she knows the common seal of said corporation; that the foregoing President and attested to by the said Secretary who affixed the common scal thereto, all by order of the Board of Directors of said corporation and that the said instrument is the act and deed of the said corporation.
Witness my hand and notarial seal this 18 day of 1998.
Novembre Sina Wheres Pushing Notary Public My commission expires: 2003 My Commission Expime Ocioban8, 196 2 FUN!+ BK 1217PG0203 Filed for record Date 3-10-99 Time o'clock m Drawn by and return to: Griffin, Caldwell, Helder, Lee, Helms, & Huiaff, F.A.
P.O. Drawer 99, Monroe, NC 28111 JUDY G. PRICE, Register of Deeds Union County, Monroe, North Carolina SECOND SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRAĘWYCK THIS SECOND SUPPLEMENTARY DECLARATION, made as of the date hereinafter set forth by Sandy Ridge Developers, LLC, hereinafter referred to as "Declarant": WITNESSETH: 078052 WHEREAS, Declarant has heretofore executed the Declaration of Covenants, Conditions and Registry, and Restrictions for TRAEWYCK, filed for recorded in Nook 1100, page 98, of the Union County Public WHEREAS, pursuant to Section 2, Article II, of the Declaration, the Declarant reserves the right to annex additional land and makes the same subject to the Declaration; NOW, THEREFORE, the Declarant does hereby publish and declare that all of the land more particularly described below is made subject to this Declaration, as amended, and all of the terms and conditions thereof. The additional land hereby armexed is more particularly described as follows: File 389, of the Union County Registry, Being all of the lots as shown on TRAEWYCK plats recorded in Plal Cabinet F, File 388 and
itional land hereby armexed is more particularly described as follows: File 389, of the Union County Registry, Being all of the lots as shown on TRAEWYCK plats recorded in Plal Cabinet F, File 388 and IN WITNESS WHEREOF, the Declarant has caused this Second Supplementary Declaration of Covenants, Conditions and Restrictions for TRAEWYCK Subdivision to be signed and sealed by its duly authorized member managers as its act and deed this the 10 day of March, 1999, SANDY RIDGE DEVELOPERS, LLC BY: 14.
Jake C. Helder, Member Manager BY: Rutard R. Hustall Richard R. Hutaff. Member Magager Now E NOTAR PUBL WICH STATE OF NORTH CAROLINA COUNTY OF UNION ↓. Cinnamon E. Little, a Notory Public of the aforesaid county, do hereby certify that Jake C. Helder and hard R. Hutaff, Member Managers of Sandy Ridge Developers, LLC, a North Carolina Limited Liability Company, personally appeared before me this day and acknowledged the execution and scaling of the foregoing instrument as managers on behalf of and as the act of the company referred to in this cwledgedment. Witness my hand and official seal this 10th day of March, 1999.
commission expires: 5/20/2002 NORTH CAROLINA Union County The foregoing sertif) of Cense Notary Public Noury Public Pa 203 A .M.
Depay is (le) certified to be correct. This instrument was presented for registration, and socorded in this office at 12171 thi .10 day at.
March JUDY G. PRICE, REGISTER OF DEEDS GRIFFIN, CALDWELL.
HELDIA, LEK SIELNE & HUTAIT. PA.
ATTORNEY&ANLAW MONROE, M.C.
99 10:50 Br Cindy B. Dadwin