1300 44 900 PAGE STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECORDED AND VERIFIED REBECCA P. TUCKER 1442 1199 REGISTER OF DEEDECLARATION OF RESTRICTIONS NEW HANOVER CO.
WENDOVER NORTH, PHASE 1 Jan 11 11 56 AM '89 KNOW ALL MEN BY THESE PRESENTS: That the undersigned, TWA DEVELOPMENT CO, INC. ("TWA") a North Carolina corporation, is the OWNER of all of the interest and equity in that certain tract of land known as WENDOVER NORTH PHASE 1, and it is the desire of TWA, 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 ment of his home enjoywith 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; agree NOW, THEREFORE, the undersigned do hereby covenant, and declare to and with all persons, firms or corporations now owning or hereafter acquiring any property in WENDOVER NORTH, PHASE 1, that all of the lots in said subdivision as shown on those maps recorded in Map Book 29, at Page 80 of the New Hanover County Registry, are hereby made subject to the following restrictions as to the use thereof, running with the land by whomsoever owned, to-wit: 1.
for singleresidential All lots in said Subdivision shall be known as family residential lots, and shall be used purposes only.
or the 2. No residence smaller than 1750 square feet of heated floor space, with attached garage, or 1800 sq. feet of heated floor space, without garage, exclusive of porches, steps, walks, carports, storage areas and so forth, shall be constructed
feet of heated floor space, with attached garage, or 1800 sq. feet of heated floor space, without garage, exclusive of porches, steps, walks, carports, storage areas and so forth, shall be constructed located on any building lot. Provided, that in cases where area is not more than ten percent (10%) below the minimum above set out, Declarant, or its designated agents, may, at their option , approve the construction of the dwelling if it is conformity with the general development of the Subdivision.
in be 3. No concrete block, concrete brick, asbestos siding, aluminum siding, cinder block nor tar paper composition shall used for the exterior of any residence constructed on any building lot herein conveyed, it being intended that only conventional frame, brick, clay brick, stucco, vinyl or exterior composition sidings for exteriors be constructed on the lots subject to these covenants.
4. Since the establishment of standard inflexible building, setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, TWA reserves the right to control and approve absolutely the site and location of any house or dwelling or other structure upon any lot. In any event, no house shall be erected closer to the front lot line or nearer to any side line than the minimum distances established by applicable New Hanover County ordinances.
5. No house trailer, mobile home, tent, shack or temporary
d closer to the front lot line or nearer to any side line than the minimum distances established by applicable New Hanover County ordinances.
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 RETURNED TO Infect Jack 145542 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BUOK 1442 PAGE 1200 any structure of a temporary character be used as a residence.
the 6. No fence or hedge in excess of four (4) feet in height shall be erected on any lot, unless written approval thereof has first been obtained from the DEVELOPER. No fence shall be permitted nearer the front lot line than the rear corners of house constructed on said lot. Chain link fences are prohibited along the street lines of any corner lot unless permitted writing by the DEVELOPER.
in 7. Modular and prefabricated homes and previously constructed houses may not be erected or placed on any lot, without the express written consent of the DEVELOPER.
8. No advertising signs or billboards shall be erected on any lot or displayed to the public on any lot subject to these Restrictions, except that one sign of not more than five square feet in area may be used to advertise a complete dwelling for sale. This covenant shall not apply to signs erected by the OWNER/DEVELOPER used to identify and advertise the subdivision as a whole, or by a contractor for an item of work being performed on a given lot.
9. No fuel exposed to view.
tanks or similar storage receptacles may be Any such receptacles may be installed only main dwelling house, within an accessory building, within a screened area, or buried underground.
within the 10. All water to be used in said subdivision for domestic
receptacles may be installed only main dwelling house, within an accessory building, within a screened area, or buried underground.
within the 10. All water to be used in said subdivision for domestic purposes 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. Lot owners may, however, drill shallow wells for irrigation purposes and for non domestic usage, if all applicable regulations are complied with. An eight (8) foot radius from each water meter shall be an easement for maintenance and repair of such meter. Additionally, the front 10 feet of each lot is hereby reserved for utility easements. All sewage disposal shall be by connection to the Community waste water treatment system servicing the development and not otherwise.
11. No yard sales or garage sales shall be permitted upon any lot in this Development.
12. (a) All building plans for residences must be approved, prior to construction, by the DEVELOPER or an agent appointed by the DEVELOPER.
(b) No lot shall be clear cut or substantially without the express written consent of the DEVELOPER.
cleaned is (c) The roof on each residence must have a minimum pitch of 6'/12', unless written permission to vary therefrom first obtained from the DEVELOPER.
(d) No school buses may be parked on any of the streets, lots or common areas in the DEVELOPMENT.
(e) All exposed foundations on all buildings constructed on any lot shall be of brick, stone, stucco or treated wood.
13.
No noxious or offensive 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 may become
treated wood.
13.
No noxious or offensive 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 may 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 properly 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.
2 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOUR 1442 PAGE 1201 lot line to the and the regrass, at 14. The Buyer or Purchaser of each lot shall keep the mowed regularly, including that area from the lot edge of the paved street and clear of any unsightly objects, in the event that the Buyer or Purchaser of any lot within said Subdivision breaches this restriction, the DEVELOPER serves the right to enter upon the said lot and now the clean up the lot and remove unsightly structures and objects, owner's expense.
15. The DEVELOPER reserves the right to subject the real property in this Subdivision to a contract with Carolina and Light Company Power for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to Carolina Power and Light Company by the of each building.
owner 16. Each lot owner shall provide receptacles for garbage and all cans, carts and bags must be kept in a screened area, accessory building or other storage facility, and not visible from the street, except on garbage pick-up days.
with the 17. Construction activity on a lot shall be confined the boundaries of
ned area, accessory building or other storage facility, and not visible from the street, except on garbage pick-up days.
with the 17. Construction activity on a lot shall be confined the boundaries of said lot. Each lot owner shall have obligation to collect and dispose of all rubbish and trash resulting from construction on his lot. Upon a lot failure to collect and dispose of such trash within thirty days after receipt of a written notice from TWA, TWA (30) and dispose of such rubbish and trash at the lot owner's expense.
may collect owner's 18. Each lot in the subdivision shall have mailbox and one (1) paper box to be mounted on a single post, and only one (1) all such boxes shall be as approved by TWA. Such mailboxes or paper boxes may be provided by the developer or the builder.
boxes so provided shall be considered an improvement and remain with the lot.
Any must 19. Each lot must have a paved driveway at a location approved by TWA. Off street parking for not less than two (2) passenger automobiles must be provided on each lot prior to the occupancy of any residence constructed on said lot, which parking areas and the driveways thereto shall be constructed of concrete, brick or asphalt, or landscape paving blocks.
20. All service utilities, fuel tanks, clothes lines, wood piles, and trash and garbage accumulations are to be enclosed within a fence , wall or plant screen of a type and size so as to preclude the same from causing an unsightly view from any highway, street or way within the DEVELOPMENT, or from any other residence within the DEVELOPMENT.
any 21. No boat, motor boat, camper, trailer, motor or mobile home, trucks over 3/4 ton, or similar type vehicle shall be permitted to remain on any lot, or in any parking space at
in the DEVELOPMENT.
any 21. No boat, motor boat, camper, trailer, motor or mobile home, trucks over 3/4 ton, or similar type vehicle shall be permitted to remain on any lot, or in any parking space at time, unless written permission is first obtained from DEVELOPER, or unless said vehicles are properly stored out of sight in enclosed area.
antennas or an satellite 22. No outside radio or television dishes shall be erected on any lot or dwelling unit in the DEVELOPMENT unless written permission is first obtained from the DEVELOPER.
23.
Invalidation of any one of these covenants by judgments or court order shall in no way affect any of the other covenants herein, which shall remain in full force and effect.
24. If the parties hereto, or any of them, or their and assigns heirs shall violate or attempt to violate any of the covenants herein, it shall be lawful for any person or persons, owning any real property situated in said WENDOVER NORTH, PHASE 1 to prosecute any proceedings at law or in equity against the 3 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 PAGE person or persons violating or 1442 1202 attempting to violate any such covenants, and either to prevent him or them from doing or to recover damages or other dues for such violation.
25. At any time prior to December 31, 1990, these restrictions may be amended by TWA at its discretion, but not to impair the property value of the lot owners. Thereafter, these restrictions may be amended by vote of the owners of two-thirds (2/3'8) of the lots in WENDOVER NORTH, PHASE 1.
26. All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming under them to
RTH, PHASE 1.
26. All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming under them to specifically include, but not be limited to the successors and assigns, if any, of TWA, for a period of twenty (20) years from the date hereof after which time all said covenants shall be automatically extended for successive periods of ten years, unless an instrument signed by the owners of a majority of the lots (not including mortgagees or trustees under deeds of trust) substantially affected by such changes in covenants, has been recorded, agreeing to change said covenants in whole or in part.
27. THESE RESTRICTIONS APPLY ONLY TO SECTION 1, WENDOVER NORTH SUBDIVISION, AS THE SAME IS SHOWN ON THE HAP REFERENCED ABOVE, AND NOTHING HEREIN IS INTENDED, NOR SHALL BE DEEMED, то BE A REPRESENTATION, WARRANTY, COVENANT OR PROMISE THAT THESE RESTRICTIONS APPLY OR SHALL APPLY TO ANY OTHER REAL PROPERTY OWNED BY DEVELOPER AND AS DESCRIBED IN THAT DEED RECORDED IN BOOK 1381, AT PAGE 1363 OF THE NEW HANOVER COUNTY REGISTRY. DEVELOPER FOR ITSELF, ITS SUCCESSORS AND/OR ASSIGNS, DECLARES THAT SECTION 1, WENDOVER NORTH, IS NOT PART OF ANY OVERALL PLAN FOR THE DEVELOPMENT OF THE REAL PROPERTY DESCRIBED IN THE DEED REFERENCED HEREIN, AND THAT THE REMAINDER OF SAID PROPERTY MAY AND CAN BE USED, DEVELOPED, CONVEYED AND/OR IMPROVED FOR PURPOSES AND SUBJECT TO RESTRICTIONS OTHER THAN AS SET OUT HEREIN.
IN TESTIMONY WHEREOF, TWA, the DEVELOPER, has caused this instrument to be signed in its name by its President, sealed with its corporate seal, and attested by its Secretary this 10th day of January, 1989.
ATTEST: TWA DEVELOPMENT CO., INC.
BY: B Low Sem Сдам в Соня B
t to be signed in its name by its President, sealed with its corporate seal, and attested by its Secretary this 10th day of January, 1989.
ATTEST: TWA DEVELOPMENT CO., INC.
BY: B Low Sem Сдам в Соня B EKKETARTXAssistant Secretary (AFFIX CORPORATE SEAL) OPMENT DEVELOP CORPORATE SEAL MORTH Co., CAROLINA INC.
PRESIDENT 4 RYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28402-0147 BOOK PAGE 1442 1203 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I,Susan P. Price County and State, do hereby certify that ., personally a Notary Public of said Dale B. Covil came before me this day and acknowledged that in/she is Assistant Secretary of TWA, 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 kinsskf/herself as its Assistant Secretary.
WITNESS my hand and notarial January 1989 seal this 10th day of My Commission Expires: Nov. 24, 1991 (NOTARIAL SEAL) NEW!
SUSAH P. PRE NOTARY PUBLIC HANOVER COUNS N.
/WEND /RESTRICT Susan P. Price Notary Public STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificate of Puble is certified to be correct.
Note This the day of Jan. 1989 ebecca P.
er of Deeds Julie B. Praba 5 HYALS, JACKSON & MILLS WILMINGTON, NORTH CAROLINA 28408-0147