Yard of the Month
THESE
COVENANTS ARE PROVIDED FOR YOUR INFORMATION.
IN SOME PHASES ARTICLE XIII, ARCHITECTURAL APPROVAL, IS NOT INCLUDED.
THIS
DECLARATION, made this day of
1988, by CROSSWINDS
PROPERTIES, INC., a North Carolina Corporation, hereinafter called Declarant;
WITNESSETH:
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
insure 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.
ARTICLE I
The real property which is and shall be held, transferred, sold and
conveyed subject to the protective covenants set forth in the Articles of the
Declaration is located in the County of Wake, State of North Carolina, and is
more particularly described as follows:
TRACT, LOT NUMBERS, AND RECORDING INFORMATION APPEARS HERE.
No property other than that described above shall be deemed subject to
the Declaration until specifically made subject hereto.
The Declarant may, from time to time, subject additional
real
property to the protective covenants and restrictions
herein
set forth by appropriate reference hereto.
ARTICLE II
The lots described in Article I hereof shall be known
and
described as residential lots.
No building shall be erected,
altered,
placed or permitted to remain on any residential lot
other
than one detached single-family dwelling not to exceed two
stories
in height (exclusive of basement and attic) and a private
garage
for not more than two cars.
However, the Declarant
reserves
the right to erect and place a temporary sales office
on
any lot still owned by it and to be used only as a sales
office
for a period not to exceed four years.
ARTICLE III
All dwellings constructed on lots in this subdivision
shall
have an enclosed area of the main structure, exclusive of
one-story
open porches and garages, of at least 1600 square feet
for
a one-story dwelling, at least 1800 square feet to a one and
one-half
story dwelling, at least 1900 square feet for a two-story
dwelling,
and at least 1300 square feet of finished floor area
on
the top two levels for a split-level dwelling.
ARTICLE IV
No dwelling shall be erected on any lot nearer to the
front
lot line than 40 feet, nor nearer to the side line than 10
feet;
provided, however, that on corner lots the dwelling may
face
either street and may be located not nearer than 20 feet to
one
street if the same is at least 40 feet from the other street.
For
the purpose of this covenant, eaves, steps and open porches
shall
not be considered as a part of the dwelling, provided,
however,
that this shall not be construed to permit any portion
of
a dwelling on a lot to encroach upon another lot.
ARTICLE V
No dwelling shall be erected or placed on any lot
having
a width less than 75 feet at the minimum building setback
line;
nor shall any dwelling be erected or placed on any lot
having
an area of less than 20,000 square feet, except that a
dwelling
may be erected or placed on all lots as show on said
recorded
plat, regardless of width at the minimum building
setback
line or area in square feet.
ARTICLE VI
No noxious of 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 neighbor-
hood.
No trade materials or inventories may be stored upon the
premises
and no trucks, tractors, or inoperable automobiles 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 of gift shop,
shall
be carried on upon any lot.
Except with the prior approval
of
Declarant or the Architectural Committee, no communication
tower,
television tower or sattelite disc shall be erected or
placed
upon any lot.
ARTICLE VII
No trailer (except recreational vehicles and boats
which
are parked behind the dwelling), tent, shack, or barn
shall
be erected or placed on any lot covered by these cove-
nants.
A storage shed may be permitted at the rear of each lot
upon
approval of the Architectural Committee after the plans and
specifications
or a photograph and a plot plan showing the
proposed
location have been submitted for approval.
ARTICLE VIII
An easement is reserved over the rear 5 feet of each
lot
and over a strip 5 feet in width along the side lines of
each
lot for the installment of utilities and drainage facilities.
ARTICLE IX
In the event that a dwelling is constructed nearer to
the
adjacent lot line than is permitted by these restrictive
convenants,
but not nearer than 5 feet to such line, such violation
may
be waived by the execution and recording in the Wake County
Registry
of an instrument in writing signed by the Declarant,
and
by the owners of the adjacent lot on the side on which the
violation
occurs.
Declarant reserves the right to waive viola-
tions
not in excess of 10% of the front and side street lot line
setback
requirements.
Upon the execution and recording of
such
waivers, such violations shall not thereafter be
deemed
existing.
ARTICLE X
No animals, livestock or poultry of any kind shall be
raised,
bred or kept on any lot, except dogs, cats or other
household
pets may be kept, provided that they are not bred or
maintained
for any commercial purpose.
ARTICLE XI
No lot or portion thereof shall be dedicated or used
for
a public street without the written consent of the Declarant,
its
successors or assigns.
ARTICLE XII
No fence, wall, hedge, or mass planting shall be
erected
or permitted to remain on any lot closer to the front
lot
line than the front of the dwelling erected on said lot.
ARTICLE XIII
ARCHITECTURAL APPROVAL.
No building shall be erected,
placed,
or altered on any premises in said development until the
building
plans, specifications and plat showing the location of
such
buildings have been approved in writing as to conformity
and
harmony of external design with existing structures in the
development,
as to location of the building with respect to
typography
and finished ground elevation, and as to finished
living
area, by Declarant or by an architectural committee (the
Architectural
Committee) designated and appointed by Declarant
or
its assigns.
In the event Declarant or 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
building
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 deemed to have been fully
complied
with.
Declarant and members of such committee shall
not
be entitled to any compensation for services performed
pursuant
to this covenant.
ARTICLE XIV
Enforcement of these covenants 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 damage.
ARTICLE XV
Invalidation of any one of these covenants by judgment
or
court order shall in no way affect any of the other provisions
which
shall remain in full force and effect.
ARTICLE XVI
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 years from the date these covenants are
recorded,
after which time said covenants shall be automatically
extended
for successive periods of ten years unless an instrument
signed
by a majority of the then owners of the lots has been
recorded
agreeing to change said covenants in full or in part.
ARTICLE XVII
Declarant reserves the right to subject said property
to
a contract with Carolina Power and Light Company for the
installation
of underground electric cables and/or the installa-
tion
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 Owner of each lot.
IN TESTIMONY WHEREOF, Crosswinds Properties, Inc. has
caused
this instrument to be executed in its corporate name by
its
President, attested by its Secretary and its corporate seal
to
be hereto affixed, by order of its Board of Directors duly
given,
as of the day and year first above written.
CROSSWINDS PROPERTIES, INC.
By: ___________________________
ATTEST:
F. L. Robuck Jr., President
_____________________________
Thomas L. Fonville, Secretary
STATE OF NORTH CAROLINA
COUNTY OF WAKE