DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PLANTATION OAKS SUBDIVISION, PHASE ONE

Transcription

1 STATE OF NORTH CAROLINA COUNTY OF PAMLICO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PLANTATION OAKS SUBDIVISION, PHASE ONE This Declaration of Covenants, Conditions and Restrictions for Plantation Oaks Subdivision, Phase One (as may be amended or supplemented as set forth herein, Declaration ) is made this the day of April, 2012 by Ezzell & Powers Development Company, LLC, (the Declarant ) and ALL PROSPECTIVE PURCHASERS of Lots Nos. 1, 2, 19, 25-29, inclusive, as shown and delineated on the plat of Plantation Oaks Subdivision, Phase One, recorded in Plat Cabinet A, Slides through , in the office of the Register of Deeds of Pamlico County, and any other lots which are hereafter annexed into the subdivision; W I T N E S S E T H: WHEREAS, Declarant heretofore has acquired title to a certain tract or parcel of land which has been subdivided into lots numbered 1, 2, 19, inclusive, according to a map entitled Plantation Oaks Subdivision, Phase One, (hereinafter referred to as Subdivision ), which map is recorded in the office of the Register of Deeds of Pamlico County, North Carolina, in Plat Cabinet A, Slides through ; and, WHEREAS, Declarant intends to convey said numbered lots by deeds, deeds of trust, mortgages, and other instruments to various persons, firms and/or corporations, subject to certain restrictive and protective covenants and conditions which are deemed to make the Subdivision more desirable to the end that the restrictive and protective covenants and conditions herein set out shall inure to the benefit of each person, firm or corporation which may acquire title to any or all of said numbered lots and which shall be binding upon each such person, firm or corporation to whom or to which Declarant hereafter may convey any of said numbered lots by deed, mortgage, deed of trust, or other instrument.

2 NOW, THEREFORE, in consideration of the premises, the Declarant hereby covenants and agrees with said Prospective Purchasers that each of the aforementioned numbered lots shall be held, sold, and conveyed subject to the restrictive and protective covenants and conditions hereinafter set forth and said restrictive and protective covenants and conditions shall become a part of each instrument conveying any of said numbered lots, as fully and to the same extent as if set forth therein. As a condition of the sale or conveyance of any of said numbered lots, the purchasers agree and covenant to abide by and conform with said restrictive and protective covenants and conditions. 1. Definitions as used herein. THE RESTRICTIVE AND PROTECTIVE COVENANTS AND CONDITIONS ARE AS FOLLOWS: (a) Built Upon Area (BUA) means that portion of an individual lot that is covered by impervious surfaces including buildings and pavement, but not including decking. (b) Lot shall mean the separately enumerated parcels depicted on the above mentioned plat. (c) Subdivision means Plantation Oaks Subdivision, Phase One. 2. Street Maintenance. The Declarant agrees that it will be responsible for maintaining the rights of way designated as Plantation Oaks Drive and Covington Court on the above referenced plat until said road is taken over by the State Department of Transportation. If the State Department of Transportation will not take over road maintenance, once all of the lots are sold by the developer to individual lot owners, the lot owners will maintain said roads. Each lot owner shall have and is hereby conveyed a perpetual, nonexclusive right of way and easement for the purposes of ingress, egress and regress to and from said owner s lot over, through and across the streets and roads shown on the subdivision map recorded in Plat Cabinet A, Slide through , Pamlico County Registry. 3. Land Use and Building Type. No structure shall be erected, altered, placed or permitted to remain on any lot other than for use as a single-family residential dwelling and only one single-family residential dwelling shall be erected or permitted to remain on any lot. Homes will be stick built on site. No mobile, manufactured, or modular homes may be erected or permitted to remain on any lot. No outbuilding shall be erected upon any lot unless same is incidental to the residential use of said lot. Any detached structures shall be architecturally compatible with the primary dwelling and shall be constructed of the same design and quality of materials which match the facade of the primary dwelling. The Declarant or its designees, during the development stage, may maintain a home site and or home within the community for

3 use as a sales office to aid sales in the Subdivision. After development has been completed, no such sales office may be maintained in the Subdivision. 5. Dwelling Size. Every residential dwelling erected upon any lot shall contain not less than 1300 square feet of enclosed heated area, exclusive of porches and garages (whether open or closed). The enclosed ground floor heated and cooled area of a residence consisting of more than one story shall not be less than 1300 square feet. 6. Dwelling Quality. All dwellings and outbuildings erected upon any lot shall be constructed of materials of good grade, quality and appearance, and all construction shall be performed in a good and workmanlike manner. The exterior construction of any dwelling shall not be asbestos shingle siding, imitation brick or concrete blocks. No monolithic slab foundations for the dwelling shall be allowed. Monolithic slab foundations are permitted, however, for garages, storage buildings, porches and other non-heated spaces. 7. Setback Lines. The building setbacks shall be as shown on the plat of Plantation Oaks Subdivision, Phase One as recorded in Plat Cabinet A, Slide through , Pamlico County Registry and those imposed by local, state or federal regulation. For purposes of this covenant, eaves and steps shall not be considered a part of the building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot. 8. Easements. (a) Each owner, as an appurtenance to such Lot, shall have and is hereby conveyed a perpetual, non-exclusive right of way and easement for the purpose of ingress, egress and regress to and from said Lot over, through and across the streets and roads shown on the Plat and/or described herein. (b) The Declarant reserves the drainage and utility easements as shown on the plat of Plantation Oaks Subdivision as recorded in Plat Cabinet A, Slide through , Pamlico County Registry. It is provided, however, that in the event lots are combined, side lot line easements shall be terminated and a new easement along the outside lot lines of said combined lot automatically shall be created. 9. Nuisances. No noxious or offensive trade or activity shall be carried on upon any lot and nothing shall be done thereon which may be or become a nuisance or any annoyance to the neighborhood. No parking shall be allowed along any street in the Subdivision. All motor vehicles of any type kept within the subdivision shall have a current registration and inspection certificates. Only automobiles, pick-up trucks or vans of a size of three-quarter ton or smaller and motorcycles shall be allowed to remain overnight in the subdivision; however, boats on trailers and recreational vehicles may be kept within the subdivision, provided that they are parked no further forward than the front of the house. No tractor or tractor trailer shall be kept

4 within the subdivision. No outdoor overnight parking of commercial vehicles shall be allowed. No stripped, partially wrecked, junked, or inoperative motor vehicle or any part thereof shall be permitted to be parked or kept on any lot. It is provided, however, that during the construction and development, construction trucks, tractors and equipment may be kept within the subdivision by the Declarant or his designees. All outdoor clotheslines shall be located in the rear yard. Outdoor receptacles for trash, rubbish or garbage shall be screened or so placed and kept as not to be visible from any street, except for waste pickup. 10. Temporary Structures. No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuilding shall be permitted on any lot at any time as a residence, either temporarily or permanently. No shell home of any type shall be erected, constructed, or be permitted to remain on any lot regardless of cost. 11. Signs. No signs of any kind shall be displayed to the public view on any lot. However, one sign of not more than six square feet advertising the property for sale or rent and signs used by a builder to advertise the property during the construction and sales period are permissible. 12. Fences. The Architectural Review Committee must approve all fences. No fence shall be erected along the front line of any lot any closer to the street than the front of the house. However, a fence shall be allowed parallel to the sideline of a lot fronting on a street but extending no closer to the street fronting the house than the front of a house. In the event that the lot is a corner lot or the sideline of a lot is adjacent to a street, no fence shall be erected outside of the building set back line along the side lot line adjacent to the street. Notwithstanding anything to the contrary herein contained, no chain link fences shall be erected or allowed to remain along the front of any lot. Fences must be approved in writing by the architectural control committee as to style, location, materials and height. 13. Satellite Dishes. No satellite receiving dish, radio antennae or other similar device shall be allowed on any lot, except that satellite receiving dishes no greater in size than twenty-four (24) inches in diameter shall be allowed, but only upon approval by the architectural control committee as to its location. As a guide, the satellite receiving dish will only be approved if it is located in a way to minimize the visibility of the dish from any street or adjoining property. The committee may impose screening requirements by vegetation or otherwise as it deems appropriate. 14. Lot Appearance. Each Lot Owner shall keep the Lot mowed and the weeds cut regularly. Grass shall not be allowed to be more than four (4") inches above ground level. Lots shall be kept clear of all unsightly objects and debris. All Lot Owners shall be required to dispose of waste as provided by the Pamlico County or any other governmental authority regulating waste disposal, if any, and pay for such services if there is a fee. Furthermore, each Lot shall be maintained during its pre-construction stages. At all times, the grass or ground cover shall not be allowed to exceed the height of one (1) foot. The provision of this paragraph shall not apply to the wooded portions of each Lot, as long as said wooded portions are maintained in their natural state.

5 15. Driveways. All driveways shall be constructed of concrete or asphalt. 16. Severability. Invalidation of any one of these covenants or conditions by judgment or order of any court shall in no way affect any of the other provisions which shall remain in full force and effect. 17. Enforcement. Enforcement of these restrictions shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or condition, either to restrain violation thereof or to recover damages. 18. Underground Electrical Distribution Contract. The Declarant reserves the right to subject the real property in the subdivision to a contract with Progress Energy for the installation of street lighting which requires a continuing payment to Progress Energy by the residential customer. 19. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats, or other household pets may be kept provided they are not kept, bred or maintained for commercial purposes. Such pets shall be kept confined at all times in the rear yard within an approved enclosure if not inside the residence. At no time shall pets be allowed to roam free. Pets must be on a leash when not confined in an approved enclosure. No Lot Owner shall have more than two (2) pets maintained on any Lot. Penned animals making excessive noise or odor may be construed as a nuisance, pursuant to paragraph Duration. These covenants shall run with the land and shall be binding on all persons acquiring title to any of the aforementioned lots, and shall be binding on said parties and/or persons claiming under them for twenty-five (25) years from the recordation hereof, at which time said covenants shall be automatically extended for successive periods of ten (10) years, unless by written instrument executed by at least 66% of the then owners of said lots, duly recorded in the office of the Register of Deeds of Pamlico County, it is agreed to change said covenants in whole or in part. 21. Compliance with Governmental Regulations. Any improvement upon any lot shall comply with the provisions of the applicable regulations of any governmental body having jurisdiction thereof, including, but not limited to, ordinances of Pamlico County. Furthermore, Declarant reserves the right to amend these covenants in order to bring the covenants into compliance with any regulatory provision, whether federal, state or local. 22. Amendment to Covenants. This Declaration may be amended by an instrument executed by not less than sixty-six (66%) percent of the Lot Owners of the subdivision. The amendment must be recorded in the Pamlico County Registry to become effective. For purposes of this paragraph, the term Lot Owner shall mean and refer to an entity which owns one or more Lots in the subdivision. Each Lot Owner shall receive one (1) vote for each Lot owned.

6 23. Architectural Control. All plans and specifications for any structure or improvement whatsoever to be erected on any lot, including, without limitation, residential dwelling units, utility or accessory buildings, fences, swimming pools, etc. shall be subject to and require the approval in writing of the Architectural Control Committee. At least thirty (30) days prior to the anticipated commencement of any landscaping or construction of any structure or improvement on any lot, the owner of such lot (or his duly authorized agent) shall submit to the committee a survey of the lot, which survey shall show each lot corner. In addition, the survey shall show the proposed location of all proposed and existing structures or improvements, including driveways, patios, decks and walkways. There shall be further provided to the committee sufficient building elevations and landscape plans, including a statement of the type of exterior material and exterior color and the proposed location, elevation and orientation in relation to streets, the construction material, the roofs and exterior color schemes, to allow the committee to appropriately and accurately evaluate the proposal. The location of a proposed well, if any, shall also be delineated on said survey. There shall be submitted two copies of all information required to be submitted, and the information submitted shall be of professional quality. There hereby is constituted the Plantation Oaks Subdivision Architectural Control Committee consisting of two (2) members. The initial members are Leon E. Ezzell, Jr. and Erick Cooper. The initial members shall serve until they die, resign or are replaced as herein provided. Each member of the committee shall be either an owner of an interest in a lot, an officer of a corporate owner of a lot, a partner in a partnership owner of a lot or a member of a limited liability company owner of a lot. A member of the committee may resign by document directed to the attention of the remaining members of the committee. A member may be removed by the remaining members of the committee if the member being removed has become unqualified because of failure to meet the criteria mentioned above. A member of the committee may be removed with or without cause by a writing signed by a majority of the owners of the lots within the subdivision which writing specifies the lots owned by the voters and names a replacement for the member (s) so removed. Such writing shall be delivered to each of the members of the committee and shall be effective from the time of such delivery. The remaining members of the committee shall replace any member who has resigned, sold his lot, or who has died. A written record shall be kept of all actions of the committee. The members of the committee shall serve without compensation. Any member of the committee may call a meeting upon one day s notice to the other members of the committee. Such notice shall state the time, place and purpose of the meeting. A written decision signed by two members of the committee shall be the decision of the committee. The Committee shall approve or disapprove plans, specifications and details within thirty (30) days from the receipt thereof. In the event that the Committed has failed to designate its approval or disapproval within thirty (30) days from the receipt of the plans, specifications and details, the same shall be deemed approved in their entirety. The decisions of the Committee shall be final and not subject to appeal or review. All

7 notices required to be given herein shall be given in writing, hand-delivered or mailed postage prepaid, return receipt requested, and the committee shall be obligated to specify the particular grounds upon which a denial of any application is founded. One set of plans, denoted as approved (or approved within specified conditions) shall be retained by the committee and the other shall be returned to the applicant. The Committee or its agents shall have the right to inspect all construction to insure that the structure is in accordance with the approved plans, specifications and details. No structure or improvement shall be made unless it conforms substantially to the approved plans, specifications or details. The committee shall not be responsible for any structural defects in any construction approved by the committee. 24. Fuel Storage. Fuel storage tanks shall be buried below the surface of the ground or screened by shrubbery or other satisfactory means so that they will always be hidden from streets. 25. Variances. The Committee, in its discretion, may allow reasonable variances and adjustments of these restrictions in order to alleviate practical difficulties and hardship in their enforcement and operation. To be effective, a variance hereunder shall be recorded in the office of the Register of Deeds in Pamlico County, shall be executed by the committee, and shall refer specifically to these restrictions. STORMWATER RESTRICTIONS AND SEDIMENTATION EROSION CONTROL. following provisions relate to stormwater management: The A. The covenants in this section are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW , as issued by the Division of Water Quality under the Stormwater Management Regulations. B. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. C. These covenants, as with all the covenants herein, are to run with the land and be binding upon all persons and parties claiming under them. D. The covenants pertaining to stormwater may not be altered or recinded without the express written consent of the State of North Carolina, Division of Water Quality. E. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. F. The maximum allowable built-upon area per lot is 3785 square feet. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon

8 area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. G. In the case of a lot within CAMA s regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built-upon area for that lot that is shown herein, the governing maximum built-upon area for that lot shall be the most restrictive of the two. H. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is strictly prohibited by any persons. I. Each lot will maintain a 50 foot wide vegetated buffer between all impervious areas and surface waters. J. All roof drains shall terminate at least 50 feet from the mean high water mark of surface waters. IN WITNESS WHEREOF, the Declarant has caused this instrument to be executed in such form as to be binding, this the day and year first above written. EZZELL & POWERS DEVELOPMENT COMPANY, LLC By: Leon E. Ezzell, Jr. Manager STATE OF NORTH CAROLINA CRAVEN COUNTY I,, a Notary Public in and for said County and State, do hereby certify that Leon E. Ezzell, Jr. personally appeared before me this day, who being by me first duly sworn, says that he is manager of EZZELL & POWERS DEVELOPMENT COMPANY, LLC, the limited liability company described in and which executed the foregoing instrument; that he executed said instrument in the limited liability company name by subscribing his name thereto; and that the instrument is the act and deed of said limited liability company. WITNESS my hand and notarial seal, this the day of April, Notary Public

9 My Commission expires: