300 50 Admitted to record, 17th day of _Alf at 3.452 M 14 Recorded in Book 1001 66:26 ACCK1001 PAGE 656 Page Lois C. LeRay, Registrar New Hanover Co., N. C.
DECLARATION OF RESTRICTIONS: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER KNOW ALL MEN BY THESE PRESENTS: That the undersigned, H & H Development Corp., a corporation, is the owner of all of the interest and equity in that certain tract of land known as Treasure Cove Subdivisic and it is the desire of the undersigned, the developer of this land, to insure the use of said property for attractive residential purposes only, to prevent the impairment of the attractiveness of the property, to maintain the desired tone of the community, and thereby to secure to each lot owner the full benefit and enjoyment of his home with no greater restriction upon the free and undisturbed use of his lot than is necessary to insure the same advantages to the other lot owners; NOW THEREFORE, the undersigned does hereby covenant, agree and declare to and with all persons, firms or corporations now owning or hereafter acquiring any property in Treasure Cove Subdivision, that all of the lots in said subdivision as shown on a map recorded in Map Book 15 at Page 33 & 33A are hereby made subject to the following restrictions as to the use thereof, running with the land by whomsoever owned, to-wit: 1.
All lots in said subdivision shall be known as single-family residential lots, and shall be used for residential purposes only.
2. No residence smaller than 1,000 square feet, when measured by exterior brick work, and which square footage shall be exclusive of porches, garages, carports, steps, walks, storage areas, etc., shall be constructed or located on any building lot.
when measured by exterior brick work, and which square footage shall be exclusive of porches, garages, carports, steps, walks, storage areas, etc., shall be constructed or located on any building lot.
3. No concrete block, concrete brick, asbestos siding or cinder block shall be used for the exterior of any residence constructed on any building lot herein conveyed, nor composition tar paper exterior dwelling shall be permitted, it being intended that only conventional frame or clay brick exteriors be constructed on any of the lots, subject to these covenants.
4. No part of any building erected on any lot herein conveyed shall be nearer the front property line of said lot nor nearer the side boundary line of said lot than the minimum requirement set forth in the New Hanover Subdivision Ordinance. Provided, however, if the owner of two or more lots shall elect to use them for one residence, the boundary line or lines between the lots so used shall not be regarded as side boundary lines of the lots.
In the event of the unintentional violation of any of the building line restrictions herein set forth, the undersigned reserves the right by and with the mutual written consent of the owner or owners for the time being of the lots adjacent to said lot upon which violation has occurred thereby to change such restrictions accordingly, provided, however, that such change shall not exceed 10% of the marginal requirements of such building line restrictions.
: 5. No house trailer, mobile home, tent, shack or temporary structure of any nature, shall be located on any lot or used at any time as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
temporary structure of any nature, shall be located on any lot or used at any time as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
6. No sign or billboard of any description shall be displayed on any lot, other than private name plates or signs for identification of the resident, and signs advertising the property "For Rent" or " For Sale".
7. No manufactured or prefabricated homes of any nature shall be erected on any building lot as set forth herein.
8. All water to be used in said subdivision for any purpose whatsoever shall be obtained from the community water system, unless other sources are approved by the City-County Board of Health and the owner of the community water system, or their successors. An eight (8) foot radius from each water meter shall be an easement for maintenance and repair of such meter.
9. All covenants and restrictions herein shall run with the land and shall be binding on all parties owning lots in said subdivision for a period of 20 years from the date hereof , at which time these covenants shall be automatically extended for successive periods of ten (10) years, unless by vote of the majority of the then owners of said lots not under legal disability, it is agreed to revoke or amend same.
45 BCOK 1001 PAGE 657 10. Sewage disposal shall meet the approval and comply with the regulations of the North Carolina State Board of Health.
11. All building plans for residences must be approved prior to construction by the developer or an agent appointed by the developer.
12.
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other covenants herein, which shall remain in full force and effect.
nted by the developer.
12.
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other covenants herein, which shall remain in full force and effect.
13. No noxious or offensive trade or activity shall be carried on or maintained on any lot or part of any lot, nor shall any use be made of any portion of said property which may be or become an annoyance or nuisance to the neighborhood. No domesticated farm animals or fowls shall be kept on the property. In the event yards are not property maintained, they shall be cleaned up at the owner's expense. Unsightly inoperative junk cars and like eyesores cannot be maintained on the property either prior to or after the residence has been erected.
14. If the parties hereto, or any of them, or their heirs and assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person, or persons, owning any real property situate in said subdivision to prosecute any proceedings at law or in equity against the person or persons violation or attempting to violate any such covenants, and either to prevent him or them from so doing or to recover damages or other dues for such violation.
IN TESTIMONY WHEREOF, the said H & H Development Corp., has caused this instrument to be executed in its corporate name by its president and attested by its secretary, all as duly authorized this 16th day of ENT October H & H DEVELOPMENT CORP.
BY: BY: President 1992.
1973 Hell retaz الاداة STATE OF NORTH CAROLINA COUNTY OF NESTER I, Greene Josephine S.
a Notary Public in and for the State and County aforesaid do hereby certify that ill personally appeared before me this day and acknowledged that she is secretary of H & H
ESTER I, Greene Josephine S.
a Notary Public in and for the State and County aforesaid do hereby certify that ill personally appeared before me this day and acknowledged that she is secretary of H & H Development Corp., 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 Mits corporate seal and attested by himself as its secretary.
SEPH No Witness my hand and notary seal this 16 day of PUBLIC My commission expires: 7.6.76 Notary Public October 1973 1972.
STATE OF NORTH CAROLINA, New Hanover County The Foregoing Certificate (4) of Josephine S. Sowers, a Notary Public_ This 17th Drawn By day of April Franklin-N. Jackson..A.D., 1974.
Lois C. LeRay, Register of Deeds By Received and Recorded April 17, 1974 at 3:45 P. M.
Register of Deeds H.