BOOK 779 PACE 363 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER KNOW ALL MEN BY THESE PRESENTS: DECLARATION OF RESTRICTIONS That ALEXANDER MALPASS, SR., AND WIFE, BERTA ANN MALPASS, and CARL T. JENNETTE and wife, MARIGOLD D. JENRETTE, of New Hanover County, North Carolina, the present ormers of all of the lots in Willow Woods Subdivision, Section 3, JAMES D. CARR, TRUSTEE, and CAROLINA SAVINGS & .' LOAN ASSOCIATION, do hereby covenant and agree to and with all persons, firms, or corporations now owning or hereafter acquiring any property in the area hereafter described, that all of the lots shown upon the map of that certain subdivision known as Willow koods, Section 3, to be recorded at a later date, which property is described in a dead to the makers of this declaration as recorded in Book 723, at Page 336, are hereby subject to the following restrictions as to the use thereof, running with said properties by whomsoever owned, to wit: 1. All lota in the said subdivision shall be used for residential purposes only. No structure shall to erected, altered, placed or ornitted to ronin on any residential building plot other than single or multiple unit family dwellings not to exceed two stories in height and a private garage for not more than four cars and other outbuildings incidental to residential use of the plot including servants quarters.
2. No building shall be located on any residential building plot nearer than 35 feet to the front line nor nearer than ton feet to the side line for one story structures nor nearer than ton foot to the side lot line for a two story structure. No dwelling shall be located nearer than twenty-five foot to the rear lot line. Unattached garages or other outbuildings shall be located not nearer than seventy-
e lot line for a two story structure. No dwelling shall be located nearer than twenty-five foot to the rear lot line. Unattached garages or other outbuildings shall be located not nearer than seventyfive feet to the front lot line and not nearer than five flot to side or rear lot linus.
3. No noxious or offensive trade or activity shall be carried on or maintained upon any lot or part of any lot nor shall any use le made of any portion of said property which may be or become an annoyance or nuisance to the neighborhood. No cattle, fowl, hogs sheep or goats shall be kept on the property.
4. No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time te used as a residence nor shall any structure of a temporary character be used as a residence.
5. The minimum floor area of each dwelling shall be 1,250 square feet, excluding porches, garage, terrace, outbuilding and garage apartments.
BOOK 779 PAGE 364 6. No lot, as shown by the official plan of the above lots, shall be resubdivided unless such part of the subdivided lot becomes a part of a whole lot and the remainder of the subdivided lot becomes a part of another whole lot.
7. That the plans for all dwellings and structures incidental to the use of the lots shall be approved by either Alexander Malyans, Sr., or Carl T. Jenrette, or their heirs or assigns, until such time as the said owners shall sell all of the lots of said subdivision.
At that time, the said plans shall be approved by a building committee.
This building committee shall be composed of three members elected by the owners of the lots in said subdivision. This election shell be by majority vote, one vote to each lot owner. Each member elected to the
ding committee shall be composed of three members elected by the owners of the lots in said subdivision. This election shell be by majority vote, one vote to each lot owner. Each member elected to the building committee shall serve a three-year term with the exception of two of the original members of said committee who shall serve for a ono and two-year term, respectively. The length of the original board members' terms shall be determined by lot as between the three members.
8. These covenants are to run with the land and shall be binding on all parties and on all persons claiming under them until January, 1983, at which time said covenants shall be automatically extended for successive periods of ten years unless by vote of the majority of the owners of the lots it is agreed to change the said covenants in whole or in part.
9. 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 situated in said development or subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or then from so doing or to recover damages or other dues for such violation.
10. Invalidation of any one of these covenanta by judgment or court order shall in no wise affect any of the other provisions.
IN TESTIMONY WHEREOF, the partion have hereunto set their hands and seals, this the 29th day of 1985.
be L'ass Alexander Malpaşa, Sr.
(SEAL) Betonmal Pal (SEAL) Forta Ann Halpass.
Carl T Fomitte Carl 1. Jenrette.
morial & Text Jenrette.
James D. Can 203 D. Carr, Trustee.
(SEAL) (SEAL) (SEAL) CAROLINA SAVINGS & LOAN ASSOCIATION By: Attest: -2-
onmal Pal (SEAL) Forta Ann Halpass.
Carl T Fomitte Carl 1. Jenrette.
morial & Text Jenrette.
James D. Can 203 D. Carr, Trustee.
(SEAL) (SEAL) (SEAL) CAROLINA SAVINGS & LOAN ASSOCIATION By: Attest: -2Stary ยว Executive Vice President.
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BOOK '779 PAGE 365 a Notary Public in and for the State and County aforesaid, do hereby certify that ALEXANDER MALPASS, SR., and wife, BERTA ANN MALPASS, and CARL T. JENRETTE and wife, MARIGOLD D. JENRETTE, personally appeared before me this day and each acknowledged the due execution of the foregoing instrument.
October WITNESS my hand and seal, this 29th day of May 1965.
My commission expires: 6.1967 Jane 3/ Notary Fublic.
STATE OF NORTH CAROLINA COUNTY OF NEW HANDVER ንህቢ _ a Notary Public in and for the Stete and County aforesaid, do horoty certify that JAMES D. CARR, TRUSTIN, personally appeared before me this day and acknowledged the duo execution ot the foregoing instrument.
WITHERS my hand and seal, this Th day of May, 1965.
Sacchy rosion expires: STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Notary Publið.
This "Th day of Neuimbia of Hay, 1965, personally came before no who, being unly shorn, says that she knows the common soal of the CAROLINA SAVINGS & LOAN ASSOCI ATION, and is acquainted with a mess who is Executive Vice President of said corporation, and that she the said at T Hikett is Secretery of the said corporation, and saw the said Executive Vice President sign the foregoing instrument, and sow the said common seal of said corporation affixed to Bald instrument by Bald Executive Vice President nu e in attestat said _ her name of the execution of mid instrument in the presence of said Executive Vice President of said corporation.
Witness my hand and seal this 11th
ld Executive Vice President nu e in attestat said _ her name of the execution of mid instrument in the presence of said Executive Vice President of said corporation.
Witness my hand and seal this 11th day of May, 1965.
Cara Kr My commission expires: th STATE OF NORTH CAROLINA New Hanover County.
exy Lane A. becom The Foregoing Certificate) ~ barely days Notary Public of New Hanover County, adjudged to be correct. Let the instrument with the Certificate be recorded.
This the day of 1965 for Mar Clerk Superior Court Drawn by Robert Calder.
Rotary Publ Received and Recorded _ NOV 23 1965 10:10 A.M Paul Blanchard Register of Deeds