SW4210703_Deed Restriction/Protective Covenant Form_20210914

North Carolina
Forsyth County
First Amendment to the Declaration of
Covenants Conditions and Restrictions
for Tally Pointe
WHEREAS Tally Pointe is a community of 30 residential lots created by and subject to
the "Final Plat Tally Pointe" recorded at Book 78 Page 14 of the Davidson County Registry; and
the "Declaration of Covenants, Conditions and Restrictions for Tally Pointe" recorded at Book
2460 Page 1525 of the Davidson County Registry (hereinafter the Declaration).
WHEREAS the development of Tally Pointe is subject to the requirements of 15 NCAC
2HI 000 "Stormwater Management" as administered by the State of North Carolina, Division of
Energy, Mineral and Land Resources; and
WHEREAS Tally Pointe is classified as a Low Density Residential Subdivision which
requires the issuance of a State Stormwater Management Permit as well as the recordation of
deed restrictions and protective covenants to ensure that ongoing use of the land complies with
such permit.; and
WHEREAS the Division of Energy, Mineral and Land Resources has required that the
following amendment to the Declaration be adopted and recorded; and
WHEREAS Tally Pointe, LLC and Sagamore Homes NC, Inc. together own more than
66 2/3% of the Lots and as such have authority to amend the Declaration; and
WHEREAS Tally Pointe, LLC is currently the Declarant and hereby gives its consent to
the following Amendment; and
NOW THEREFORE the following is hereby adopted as a new Article of the Declarations:

ARTICLE XI
1. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW4210703, 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 The covenants pertaining to stormwater may not be altered or rescinded without the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 4,800 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, and coquina, but does not include raised, open wood decking, or the water
surface of swimming pools.
7. 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.
8. Each lot will maintain a 30-foot-wide vegetated buffer between all impervious areas and
surface waters.
9. All roof drains shall terminate at least 30 feet from the mean high water mark of surface
waters.
10. The Association, as designated by the Declarations, shall be responsible for the
maintenance of all Stormwater Control Measures as required by the Permit.
a. The cost of such maintenance shall be a Common Expense regardless of whether
the Stormwater Control Measures are located on the Common Area or a Lot.
b. The cost of such maintenance shall be charged to an Owner if the need for
maintenance is the result of the intentional or negligent acts of the Owner or their
agents, employees, invitees, lessees, guests, or family members.

Done this ft).. day of r e, 2021 by the affirmative approval of more
than 66 2/3% of Lot Owners and de Declarant.
Sagamore Homes NC, Inc
Walton T. Bunker
Vice -President
State of North Carolina, County of 6r5ll�
F-0 r 5 VI-1-4 1,_� IL- (�igu'ell'lld a Notary Public in and for f
County, NC do hereby certify that Walton T. Bunker did appear before me this day and
acknowledged that (s)he is the Vice- President of Sagamore Homes NC, Inc. and further
acknowledged the due execution of the attached document on behalf of said entity.
Witness in hand and.,offi s I is t day of 4:f�r�
NOTARY PIC —MARK J. CHIARELLO
NOTARY:PUBLIC
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My Comr�Ksion Expires: FWSYM County
oi
N=% Cacrolim
Tally Pointe, LLC
By:
Gregory B. -Garrett
Manager
a Notary Public in and for F-orr5 v
County, NC do hereby certify that Gregory B. Garrett did appear before me this day and
acknowledged that (s)he is the Manager of Tally Pointe, LL C_. and further acknowledged the
due execution of the attached document on behalf of said entity.
Witness my hn d and ifficiall s 20 jtn o icia e s t dayof
NOfA<Y Pulyp(�'
1
My Commis i n Expires: ARK J. CHIARELLO
NOTARY PUBLIC
Forsyth County
North Carolina
My Commission Expires September 7,2025