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BOOK 6031 PAGE 0223 STATE OF NC STONEHENGE 18
COUNTY OF WAKE
PROTECTIVE COVENANTS THIS DECLARATION, made this 1st day of February, 1994, by DEVELOPMENT ASSOCIATES, INC., a North Carolina corporation, hereinafter called "Declarant", CRAIG/MIKE DEVELOPEMENT CO., INC., a North Carolina corporation, hereinafter called "Craig/Mike" and THE CITY OF RALEIGH, hereinafter called "City." THAT WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration and is desirous of subjecting said real property to the easements, assessments, covenants, conditions and restrictions hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof. NOW, THEREFORE, the Declarant hereby declares that the real property described in and referred to in Article I hereof is and shall be held, transferred, sold, and conveyed subject to the Protective Covenants set forth below: The real property which is, and shall be held, transferred, sold and conveyed subject to the Protective Covenants set forth in the Articles of this Declaration is located in the County of Wake, State of North Carolina, and is more particularly described as follows: BEING all of Lots 1266 through 1280, inclusive, Stonehenge 18 Subdivision, as shown on map recorded in Book of Maps 1994, Page 213, Wake County Registry. The real property described in Article I hereof is subjected to the Protective Covenants and Restrictions hereby declared to insure the best use and the most appropriate development and improvement of each lot thereof; to protect the owners of lots against such improper use of surrounding lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures, and structures built of improper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereof on lots; to secure and maintain proper setbacks from streets, and adequate free spaces between structures, to provide uninterrupted sewer service to the owners of the lots via a private sewer lift station and force main, and in general to provide adequately for a high type and quality of improvement in said property, and thereby to enhance the values of investments made by purchasers of lots therein. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes, except that nothing herein shall preclude the use of any lot as the well site for a community water system or for use in providing a recreational area for the individual lot owners as a group. No building shall be erected, altered, placed or BOOK 6031 PAGE 0224 permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than three cars. SITE AND PLAN APPROVAL. No building, fence, swimming pool, or any other structure shall be erected, placed, or altered on any premises in said development until the building plans, specifications, and plot showing the location of such improvements, including finished ground elevation have been approved in writing by an architectural committee (the Architectural Committee) composed of three persons designated and appointed by Declarant or its assigns. The Architectural Committee shall have sole discretion as to the location, design and color of any accessory building, including, but not limited to, storage buildings, greenhouses, playhouses, doghouses and dog runs, etc. Said location of any accessory building is to conform to the zoning restrictions by the governmental body having jurisdiction over the area and shall not be placed where it would become an eyesore to any adjoining property owner. In the event said committee fails to approve or disapprove such design or location within thirty (30) days after said plans and specifications have been submitted to it, such approval will not be required and this covenant will be deemed to have been fully complied with. Members of such committee shall not be entitled to any compensation for services performed pursuant to this covenant. DWELLING SIZE AND DRIVEWAYS. Except with the prior written approval of the Architectural Committee, no residential structure which has an area of less than 1600 square feet, exclusive of porches, breezeways, steps and garages, shall be erected or placed or permitted to remain on any lot; no story and one-half, two story or two and one-half story residential structure which has a ground floor area of less than 800 square feet, exclusive of porches, breezeways, steps and garages, shall be erected or placed or permitted to remain on any lot; and no split-level residential structure which has a living area of less than 1200 square feet, exclusive of basement or finished area shall be erected or placed or permitted to remain on any lot. Declarant reserves the right to waive in writing any minor violation of this Article of this Declaration, and for purposes hereof, any violation which does not exceed 20% shall be considered a minor violation. BUILDING LOCATION. No building shall be located on any lot nearer to the front line than 40 feet or nearer to the rear line than 30 feet, or nearer to the side street than 30 feet from the property line in the case of a corner lot. No building or garage shall be located nearer than 10 feet to an interior lot line. For the purpose of this covenant, eaves, steps, chimneys and stoops shall not be considered a part of a building; provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. Declarant reserves the right to waive in writing any minor violation of this Article of this Declaration and for purposes hereof, any violation which does not exceed 10% shall be considered a minor violation. LOT, AREA AND WIDTH. No dwelling shall be erected or placed on any lot having an area of less than 20,000 square feet. Declarant reserves the right to waive in writing any minor violation of this Article of this Declaration and for purposes hereof, any violation which does not exceed 10% shall be considered BOOK 6031 PAGE 0225 a minor violation. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear 10 feet of each lot and 5 feet on each side line unless shown in excess of such distances on recorded plat, in which case the plat shall control. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and drainage facilities, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. PRIVATE SEWER LIFT STATION. Each lot shall be non-exclusive served by a private sewer lift station and force main (the "Lift Station"). The Lift Station is owned by Craig/Mike, subject the terms and provisions set forth in Article XII of that certain instrument entitled "Evans Mill Declaration of Covenants Conditions and Restrictions," dated August 21, 1992 and recorded in Book 529 Page 657, Wake County Registry (the "Evans Mill Covenants"). Each lot described herein shall be held, transferred, sold and conveyed subject to easements, assessments, covenants, conditions and restrictions set out in Article XII, Section D, of the Evans Mill Covenants entitled "Covenant for Assessments," and Article XI Section E of the Evans Mill Covenants entitled "Lift Station and Force Main Service to Additional Property," the terms and conditions of which are hereby incorporated by reference. Craig/Mike joins in the execution of this instrument for the sole purpose of conveying a right and easement of enjoyment in and to the Lift Station pursuant to Article XII, Section E of the Evans Mill Covenants, until such time as the City shall determine that the Lift Station be abandoned and gravity sewer service is provided the lot owners without necessity of the Lift Station (the "Date of Abandonment"). Until the Date of Abandonment, each lot owner shall be subject to the assessments for repair and maintenance costs of the Lift Station, as set forth hereinabove. The City joins in the execution of this instrument for purposes of consent, pursuant to Article XII, Section E of the Evans Mill Covenants. NUISANCES. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No signs or billboards shall be erected or maintained on the premises. No signs or billboards shall be erected or maintained on the premises. No trade materials or inventories may be stored or regularly parked on the premises. No business activity or trade of any kind whatsoever, which shall include but not be limited to the use of any residence as a doctor's office or professional office of any kind, a fraternity house, a rooming house, a boarding house, an antique shop or gift shop, shall be carried on upon any lot. TEMPORARY STRUCTURES. No trailer, tent, shack, barn, or other outbuilding except a private garage for not more than three cars, shall be erected or placed on any lot covered by these covenants. Except with the prior consent of the Architectural Committee, no detached garage shall at any time be used for human habitation temporarily or permanently. BOOK 6031 PAGE 0226 FENCES. No fence, wall, hedge, or mass planting shall be permitted to extend beyond the minimum building setback line established herein except upon approval by the Architectural Committee. ACCESSORY BUILDINGS. No accessory building of any nature whatsoever (including but not limited to detached garage, storage buildings, dog houses, greenhouses) shall be placed on any lot without the prior written approval of the Architectural Committee, with said Committee to have the sole discretion relating to the location and type of accessory building which shall be permitted on any lot. APPEARANCE. Each owner shall keep his building site free of tall grass, undergrowth, dead trees, trash and rubbish and properly maintained so as to present a pleasing appearance. In the event an owner does not properly maintain his building site as above provided, in the opinion of the Architectural Committee, then Declarant may have the required work done and the costs thus incurred shall be paid by the owner. ANIMALS. No animals (including horses) or poultry of any kind, other than house pets, shall be kept or maintained on any part of said property. PARKING. Adequate off-street parking shall be provided by the owner of each lot for the parking of automobiles owned by such owner, and owners of lots shall not be permitted to park their automobiles on the streets in the development. Owners of lots shall not be permitted to park boats, trailers, campers and all other similar property on the streets in the development, and such property be parked in a garage or screened area. UNDERGRDUND UTILITIES AND STREET LIGHTING. Declarant reserves the right to subject the real property described herein above to a contract with Carolina Power & Light Company for the installation of underground electric cables and the installation of street lighting, either or both of which may require a continuous monthly charge to the owner of each building lot. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty five (25) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. BOOK 6031 PAGE 0227 SEVERABILITY. Invalidation of any one of these covenants or any part by judgment or court order in no wise affects any of the other provisions which shall remain in full force and effect, and the failure of any person or persons to take action to enforce the violation of any of these covenants and restrictions shall not be construed as a waiver of any enforcement rights and shall not prevent the enforcement of such covenant or covenants in the future. IN TESTIMONY WHEREOF, the Declarant and Craig/Mike have caused this instrument to be executed in its corporate name by its President, attested by its Secretary, and its corporate seal to be hereunto affixed, by order of its Board of Directors duly given, all as of the day and year first above written, and the City has executed this instrument by authority duly given as of the day and year first above written. DEVELOPMENT ASSOCIATES, INC. By: President ATTEST: Assist. Secretary CRAIG/MIKE DEVELOPMENT CO., INC. By: President ATTEST: Secretary CITY OF RALEIGH Approved to form By: _____________ ATTEST: _____________ NORTH CAROLINA WAKE COUNTY I, Karen Conroy, a Notary Public in and for the aforesaid County and State, do hereby certify that Kay B. Gill, personally came before me this day and acknowledged that she is Asst. Secretary of Development Associates, Inc., a North Carolina 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 its corporate seal and attested by her as its Asst. Secretary. Witness my hand and official stamp or seal, this the 14th day of February, 1994. Notary Public BOOK 6031 PAGE 0228 NORTH CAROLINA WAKE COUNTY I, Karen Conroy, a Notary Public in and for the aforesaid County and State, do hereby certify that Craig C. Huggins personally came before me this day and acknowledged that he is Secretary of Craig/Mike Development Co., a North Carolina 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 its corporate seal and attested by him as its Secretary. Witness my hand and official stamp or seal, this the 15th day of February, 1994. Notary Public NORTH CAROLINA WAKE COUNTY I, Victoria S. Teachey, a Notary Public in and for the aforesaid County and State, hereby certify that Ira S. Botvinick personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this the 18th day of February, 1994. Notary Public |