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BOOK 2489 PAGE 136 STATE OF NORTH CAROLINA PROTECTIVE COVENANTS COUNTY OF WAKE THIS DECLARATION, made this 1st day of December , 1976 , by DEVELOPMENT ASSOCIATES, INC., a North Carolina corporation, hereinafter called Declarant; 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 Protective Covenants 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 Nos. 31 through 51 inclusive, and Lots Nos. 64 through 77 inclusive, as shown on map entitled "Stonehenge, Section One," dated November 2, 1976, prepared by TEAP, INC., and recorded in Book of Maps 1976, Volume IV, Page 450, 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 inprovement 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 prevent haphazard and inharmonious improvement on lots; secure and maintain proper setbacks from streets, and adequate free spaces between structures, and in general to provide adequately for a high type and quality of inprovement 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 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, have been approved in writing as to conformity BOOK 2489 PAGE 137 and harmony of external design with existing improvements in the development, and as to location of the improvements with respect to topography and finished ground elevation by an architectural committee (the Architectural committee) composed of three persons designated and appointed by Declarant or its assigns. In the event said committee fails to approve or disapprove such design or location within thirty days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the erection of such improvements or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant will be 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 Comittee, no single-story residential structure which has an area of less than 1200 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, breeze-ways, 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 unfinished area. All driveways shall be paved (concrete or asphalt) from street to each house including parking areas. An exception for gravel drive will be allowed, at the sole discretion of the Architectural Committee, the apron from the street to the property line is paved with asphalt or concrete and is the same width as the driveway. 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. 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 in the case of a corner lot. No building or garage shall be located nearer than 10 feet to an interior lot line. No other permitted accessory building shall be located nearer than 30 feet to an interior lot line or nearer than 30 feet to a rear lot line, or nearer than 100 feet the minimum building setback 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 a width less than 100 feet at the minimm building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 20,000 square feet. Delcarant 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. 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 improvemnts for which a public authority or utility is responsible. BOOK 2489 PAGE 138 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 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. 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 Ccnmttee. 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 lot 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 shall be parked in a garage or screened area. UNDERGROUND UTILITIES AND STREET LIGHTING. Declarant reserves the right to subject the real property described herein above to a contract with Carolina Power & Light Campany 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. BOOK 2489 PAGE 139 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. 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 shall not prevent the enforcement of such covenant or covenants in the future. IN TESTIMONY WHEREOF, the Declarant has 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. DEVELOPMENT ASSOCIATES, INC. By: H. Arthur Sandman, President Corporate Seal ATTEST: Secretary NORTH CAROLINA WAKE COUNTY This is to certify that on this day before me personally came Arthur H. Sandman, who, being by me first duly sworm, says that he is the President and Elaine E. Sandman is the Secretary of Development Associates, Inc., the corporation described in and which executed the foregoing instrument; that he knows the common seal of said corporation; that the seal affixed to the foregoing instrument is said common seal and the name of the corporation was subscribed thereto by said President, and the said President and Secretary subscribed their names thereto and said common seal was affixed all by order of the Board of Directors of said corporation, and that the said instrument is the act and deed of said corporation. Witness my hand and seal, this the 1st day of Dec., 1976. Notary Public |