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HomeMy WebLinkAboutSW6170802 - Coldstream at Thrower (3)High Density Residential Subdivisions Deed Restrictions & Protective Covenances In accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for High Density Residential Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" area consistent with the design criteria used to size the stormwater control facility. I, John D. Hornaday, acknowledge, affirm and agree by my signature below, that I will cause the following deed restrictions and covenants to be recorded prior to the sale of any lot: 9. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number , as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 6. The maximum allowable built -upon area per lot is 4000 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 area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. OR, if the proposed built -upon areas per lot will vary, please REPLACE #6 above with the following: 6. The maximum built -upon area per lot, in square feet, is as listed below: Lot # BUA Lot # BUA Lot # BUA Lot # BUA 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 area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 7. Each lot will maintain a 30** foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. 8. All runoff from the built -upon areas on the lot must drain into the permitted system. This may be accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a component of the stormwater collection system. Lots that will naturally drain into the- system are not required to provide these additional measures. Form DRPC-3 Rev.2 05Nov2009 Page 1 of 2 Signature_ High Density Residential Subdivisions Deed Restrictions & Protective Covenanc Date: a Notary Public in the State of County of --CM4119 A_ do hereby certify that Apersonally appeared before me this the day of 4cW AL 20 and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal, SEA Signat k61®ey PuIE�plfor gra°SSMy Commission expires 11 �l�-lG� cu�e�tiQ� Form DRPC-3 Rev.2 05Nov2009 Page 2 of 2 r/KONGW7 Corporations Division North Carolina Secretary CFS CARS'` of STATE PO 8ax 2%22 Raleigh,NC 27628-0622 (919)814-5409 Account Login Note: Due to the installation of equipment upgrades, our website will not be fully functional Create beginning at 7:00 p.m. Friday, July 21st through 7:00 p.m. Saturday, July 22nd. We apologize foiSite any inconvenience this may cause. Account Click Here To: View Document Filings File an Annual Report Amend a Previous Annual Report Print a Pre -Populated Annual Report form Corporate Names Legal: COLDSTREAM DEVELOPERS, LLC Limited Liability Company Information Sosld: 1385834 Status: Current -Active Annual Report Status: Current Citizenship: 'Domestic Date Formed: 6/19/2014 Fiscal Month: Registered Agent: Hornaday, John D Corporate Addresses Mailing: 581 Executive Place, Suite700 FAYETTEVILLE, NC 28305 Principal Office- 581 Executive Place, Suite700 FAYETTEVILLE, NC 28305 Reg Office: 581 Executive Place,_Suite700 FAYETTEVILLE, NC 28305 Reg Mailing. 581 Executive Place, Suite700 FAYETTEVILLE, NC 28305 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S 57D-3-20. Managing Member Member: Member: John D Hornaday 170 Ellerslie Drive Fayetteville NC 28303 Andrew M Reynolds 65 Meadowbrook Sudbury MA 01776 John D Reynolds 7 Cook St. Rowayton CT 06853 http-//www sosnc.gov/Search/profcorp/10555731 1 /1 BK 1 0065 POO 46 1 FILED CUMBERLAND COUNTY NC J LEE WARREN. JR. _ REG1ST-Cg.OF DEEDS_ FILED Apr 03, 2017 AT 10-34:59 am BOOK 10065 START PAGE 0461 END PAGE 0465 INSTRUMENT # 10344 RECORDING $26.00 EXCISE TAX $2,150.00 SMD NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $2,150.00 Parcel Identifier No. 0442-00-1723 Verified by County on the day of , 20— By- This instrument was prepared by: Thorp and Clarke PA **NO TITLE FRAM MADE BY PREPARER** Brief description for the Index: LOT 67.44 Acres THIS DEED made this 29th day of March , 2017 , by and between GRANTOR Vance U. Tyson, Jr. and spouse, Rebecca D. Tyson 4925 NC Highway 87 S Fayetteville, NC 28306 GRANTI :E Coldstream Developers, LLC. 581 Executive Place, Suite 700 Fayetteville, NC 28305 Enter in appropriate block for each Grantor and Grantee: name, trailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Fayetteville I Grays Creek 'Township, Cumberland County, North Carolina and more particularly described as follows: SEE ATTACHED EXI11BIT A The property hereinabove described was acquired by Grantor by instrument recorded in Book 10009 page 887 All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book page Page 1 of 2 NC Bar Association Form No. 3 0 1976, Revised ®1977.2002, 2013 This standard form has been approved by: Printed by Agreement wish the NC Aar Association — 1981 North Carolina Bar Association —NC Bar Form No. 3 BX 10065 POO 462 TO I [AVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Restrictions, easements and rights-of-way of record; and ad valorem property taxes for the current year. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day // and year first above written. SEAL (Entity Name) Te Nam : Van e U. Tyson, Jr By: CJ(SEAL) Print/rype Name & Title: Pr' t/Type Name:,Reheces D_ '6011 By: Print/Type Name & Title: By: Print/Type Name & Title: (SEAM Print/Type Name: (SEAL) Print/Type Name: State of North Carol ina - County or City of Cumberland I, the undersigned Notary Public of the County or City of C'umherland and Stare aforesaid, certify that Vance U, Tyson, Jr. and spouse, Rebecca D. Tyson personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein `jjp4,�Witness my hand and Notarial stamp or seal this 29th day of March , 20—E tY J Q tary My Commission Expires: November 22, 2020 � � 33regory . Glasby Notary Public (Affix Seal) t A 1. P . S C fl g = ` P000 Z gotary's Printed or Typed Name !V Ci`1 State of North Carolina - County or City d 1, the undersigned Notary Public of the County �r�sf11111� execution of the foregoing instrument for the purposes therein expressed. , 20_ and State aforesaid, certify that kv— personally appeared before me this day and acknowledged the due Witness my hand and Notarial stamp or seal this _!9!L day of My Commission Expires: November 22, 2020 tt Gregory J. Glasby Notary Public (Affix Seal) Notary's Printed or Typed Name State of - County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that he is the of , a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of , 20--. My Commission Expires: (Affix Seal) Notary's Printed or Typed Name otary Public Page 2 of 2 NC Bar Association Potm No. 3 ® 1976, Revised 0 1977, 2002, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association — NC Bar Fonn No. 3 BK 10065 PG0463 LARRY KING & ASSOCIATES, R.L.S., Y.A. 1333 MORGANTON ROAD, SUITE 201 FAYETTEVILLE, NC 28305 PHONE: (910) 483-4300 FAX: (910) 483-4052 N.C. Firin Lic. C-0887 March 15, 2017 LEGAL DESCRIPTION 67.44 ACRES COLDSTREAM AT TIIROWER LYING in Grays Creek Township, Cumberland County, North Carolina. Bounded on the north by the southern right of way margin of Thrower Road (60 ft. public right of way); bounded on the east by: the tract as conveyed to Donald L. Hester, et al, as described and recorded in Deed Book 590, Page 291, Cumberland County Registry, and by the tract as conveyed to Vance U. Tyson, Jr., as described and recorded in Deed Book 10009, Page 887, Cumberland County Registry; bounded on the south by: a 60 ft. private road easement (Plat Hook 135, Page 144), by the northern right of way margin of Thrower Road (60 ft. public right of way), by Lot l (Plat Book 135, Page 144), by "Cypress Woods Subdivision Lots 10-13" (Plat Book 134, Page 115) and by Lots 9A and 9B (Plat Book 135, Page 160), Cumberland County Registry; bounded on the west by: the tract as conveyed to Lewis Donaldson, as described and recorded in Deed Book 3896, Page 240, by Lot 1 "M.J. Marsh Farms, Inc." (Plat Book 115, Page 174), by Lots 4-6 "Eugene G. Hair" (Plat Book 80, Page 65) and by the eastern right of way margin of Appian Way (60 ft. private street -- Plat Book 80, Page 65) and being more particularly described as follows: COMMENCING from an existing iron rod, the northeast corner of Lot 2 "Vance U. Tyson, Jr." as described and recorded in Plat Book 135, Page 144, Cumberland County Registry, thence South 70 degrees 46 minutes 05 seconds West for a distance of 193.77 feet to a point, thence North 15 degrees 15 minutes 10 seconds West for a distance of 60.15 feet to a point, said point also being the TRUE POINT AND PLACE OF BEGINNING. THENCE as and with the western boundary line of the Vance U. Tyson, Jr. tract, North 15 degrees 04 minutes 01 seconds West for a distance of 592.85 feet to a point; THENCE and continuing with the Vance U. Tyson, Jr. tract, North 02 degrees 08 minutes 01 seconds West for a distance of 520.00 feet to a point; THENCE as and with the western boundary line of the Donald L. Hester, et al tract, North 00 degrees 40 minutes 20 seconds West for a distance of 754.55 feet to a point located in the southern right of way margin of Thrower Road (60 ft. public right of way); THENCE as and with said right of way margin the following calls: North 89 degrees 36 minutes 13 seconds West for a distance of 43.24 feet to a point; BK 10065 PG0464 North 89 degrees 48 minutes 27 seconds West for a distance of 101.75 feet to a point; North 89 degrees 23 minutes 52 seconds West for a distance of 100.38 feet to a point; North 89 degrees 34 minutes 18 seconds West for• a distance of 99.07 feet to a point; North 89 degrees 36 minutes 28 seconds West for a distance of 98.55 feet to a point; North 89 degrees 39 minutes 02 seconds West for a distance of 98.40 feet to a point; North 89 degrees 37 minutes 57 seconds West for a distance of 97.49 feet to a point; North 89 degrees 20 minutes 00 seconds West for a distance of 60.49 feet to a point; THENCE and leaving said right of way margin of Thrower Road, South 00 degrees 44 minutes 48 seconds West for a distance of 346.24 feet to a point; THENCE North 89 degrees 31 minutes 12 seconds West for a distance of 251.59 feet to a point; THENCE North 00 degrees 44 minutes 48 seconds East for a distance of 346.51 feet to a point located in the southern right of way margin of Thrower Road; THENCE as and with said right of way margin the following calls: North 89 degrees 30 minutes 07 seconds West for a distance of 85.00 feet to a point; North 89 degrees 19 minutes 56 seconds West for a distance of 100.66 feet to a point; North 89 degrees 15 minutes 12 seconds West for a distance of 99.36 feet to a point; North 89 degrees 12 minutes 40 seconds West for a distance of 98.65 feet to a point; North 89 degrees 27 minutes 23 seconds West for a distance of 50.10 feet to a point; North 89 degrees 32 minutes 23 seconds West for a distance of 50.06 feet to a point; South 89 degrees 48 minutes 50 seconds West for a distance of 48.80 feet to a point; South 87 degrees 17 minutes 30 seconds West for a distance of 48.23 feet to a point; South 84 degrees 05 minutes 44 seconds West for a distance of 48.01 feet to a point; South 80 degrees 02 minutes 58 seconds West for a distance of 49.49 feet to a point; South 77 degrees 39 minutes 20 seconds West for a distance of 47.86 feet to a point; South 75 degrees 51 minutes 04 seconds West for a distance of 49.20 feet to a point; South 74 degrees 09 minutes 18 seconds West for a distance of 49.00 feet to a point; South 72 degrees 20 minutes 24 seconds West for a distance of 49.42 feet to a point; South 69 degrees 16 minutes 33 seconds West for a distance of 49.08 feet to a point; South 65 degrees 47 minutes 41 seconds West for a distance of 48.94 feet to a point; South 62 degrees 29 minutes 21 seconds West for a distance of 47.95 feet to a point; South 60 degrees 44 minutes 39 seconds West for a distance of 14.26 feet to a point; THENCE as and with the eastern right of way margin of Appian Way (60 ft. private street) South 21 degrees 01 minutes 33 seconds West for a distance of 92.84 feet to a point; THENCE and continuing with said right of way margin, South 18 degrees 17 minutes 29 seconds East for a distance of 469.21 feet to a point; THENCE as and with the north boundary line of Lot 6 (Plat Book 80, Page 65) North 71 degrees 39 minutes 58 seconds East for a distance of 448.32 feet to a point; THENCE as and with the east boundary line of Lots 4, 5 and 6 (Plat Book 80, Page 65), as and with the east boundary line of Lot 1 (Plat Book 115, Page 174), as and with the east boundary line of the Lewis Donaldson tract South 17 degrees 29 minutes 18 seconds East for a total distance of 1851.40 feet to a point; THENCE as and with the north boundary line of Lots 9A and 9B (Plat Book 135, Page 160), as and with the north boundary line of Lots 10, 11 and 13 (Plat Book 134, Page 115), as and with the north boundary line of Lot 1 (Plat Book 135, Page 144) North 70 degrees 43 minutes 23 seconds East for a total distance of' 770.16 feet to a point; 8K 10065 P60465 THENCE as and with the east boundary line of Lot 1 (Plat Book 135, Page 144), South 19 degrees 16 minutes 46 seconds East for a distance of 400.12 feet to a point located in the northern right of way margin of Thrower Road; THENCE as and with said right of way margin, North 70 degrees 41 minutes 39 seconds East for a distance of 86.15 feet to a point; THENCE as and with the western margin of a 60 ft. private road easement (Plat Book 135, Page 144) North 19 degrees 08 minutes 46 seconds West for a distance of 460.49 feet to a point; THENCE as and with the northern margin of said private road easement, North 70 degrees 46 minutes 05 seconds East for a distance of 274.82 feet to a point, said point also being the TRUE POINT AND PLACE OF BEGINNING. Together with and subject to all covenants, restrictions and easements of record. Said property contains 67.44 acres (2,937,860 square feet). This description was prepared by Larry King and Associates, R.L.S., P.A., under the direct supervision of W. Larry King, P.L.S., L -1339, -on this the 15th day of March, 2017. "Not a Certified Document —This document originally issued and sealed by W. Larry King, L-1339 on 13th day of March, 2017. This document shall not be considered a certified document"; W. Larry King, P.L.S., L-1339