SW4100201_SW4100201_Deed Restrictions & Easements_20210930_20210930

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High Densit Commercial Subdivisions
rs Deed Restrictions & Protective Convenances
In accordance with Title 15 NCAC 2H.1000 and S-L. 2006-246, the Management Regulations, deed
restrictions and protective covenants are required for High Density Commercial 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.
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
within the project known as Proposed Sheetz Parcel
The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number , as issued by the Division of Water Quality
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.
The covenants pertaining to Stormwater may not be altered orrescinded wih,out the axpress
written consent of the State of North Carolina, Division of Water Qualify.
5. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
6. The maximum allowable built -upon area per lot io square feet for 8ioretention Pond # 1 is as
fUllows:
Frost Pro- er_t_y BU.A: 46,730 square feet
Sheetz Parcel_ BUA: 58,250 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.
All runoff from the built -upon areas on the lot must drain info 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.
8. The owner of each lot, whose ownership is not retained by the pennittee, is required to submit a
separate stormwater permit application to the Division of Water Quality and receive a permit
prior to construction.
9. The project and each lot will maintain a 30** foot wide vegetated buffer between all impeniious
areas and surface waters.
**50 foot for projects located in the 20 coastal counties.
Form DRPC-1 Rev.2 05A1ov2009 Page] of 2

High Density Commercial Subdivisions
Deed Restrictions &. Protective Convenances
Signature: /&29 � � Date: ?/13//0
C. r•
a Notary Public in the
State of 1r-\ ti N-Ac� , County of j
do hereby certify that ` ,c'w\ f c is i . personally appeared
before me this the 1 3 day of c=-tip« ti , 20 i << and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
AoLt
Sign Lure
My Commission expires
Form DRPC-1 Rev.2 05Nov2009 Page 2 of 2
SEAL
+:,:, 1 1.U72i COUEii�(

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C
01195
FILED FOR REGISTRATION
MARCH 12, 2010 2:34 P.M.
DATE TIME
AND RECORDED IN BOOK 820PAGE 862
M. BRENT SHOAF, REGISTER OF DEEDS
VIE COU C
B
D U�'Y
Prepared by/and After Recording Return To:
Mocksville Development Group, LLC (CPC)
P.O. Box 341
Dobson, NC 27017
STATE OF NORTH CAROLINA
COUNTY OF DA VIE
DRAINAGE AND DETENTION POND EASEMENT AGREEMENT
THIS DRAINAGE AND DETENTION POND EASEMENT
AGREEMENT ("Agreement") is made and entered into this 1 day of
'110iZ-.' H , 2010 by and among MOCKSVILLE DEVELOPMENT GROUP, LLC, a
North Carolina limited liability company ("MDG") and ERNESTINE F. KINCAID,
WILLIAM 1. KINCAID, BETTY G. FROST REVOCABLE TRUST and KATHERINE
F. BUNCH (collectively "Frost") (MDG and Frost sometimes individually referred to as
a "Party" and collectively referred to as the "Parties").
WITNESSETH:
THAT WHEREAS, MDG is the fee simple owner of that certain Parcel of
land described in Exhibit A, attached hereto and incorporated herein by reference (the
"MDG Parcel"); and
WHEREAS, FROST is the fee simple owner of that certain Parcel of land
described in Exhibit B, attached hereto and incorporated herein by reference (the "Frost
Parcel") (the MDG Parcel, and Frost Parcel are sometimes referred to collectively herein
as the "Parcels"); and
WHEREAS, Frost has agreed to provide MDG with certain easement
rights, as described herein.
NOW THEREFORE, for one dollar in hand paid, the mutual promises and
agreements herein contained, and for other good and valuable consideration, the receipt
Drainage and Detention Pond Easement Agreement

s�c870PG8b3
and sufficiency of which is hereby mutually acknowledged, the Parties, intending to be
bound, hereby agree as follows:
1. Drainage and Pond Easements. Frost wishes to grant to MDG easement rights
of drainage from the MDG Parcel over certain areas on the Frost Parcel and through
certain drainage pipes located on the Frost Parcel and for impoundment of drainage water
within the storm water retention pond, as more particularly described in Exhibit C and
shown on Exhibit C-1 as "Drainage Easement" attached hereto and incorporated herein
by reference (the "Drainage Easement Areas").
For the benefit of MDG, its successors and assigns, and their respective tenants,
Frost hereby grants, transfers and conveys to MDG, as an appurtenance to the MDG
Parcel, a non-exclusive easement for drainage of surface water from the MDG Parcel
over, across and through the Drainage Easement Areas and for impoundment of drainage
water within the storm water retention pond on the Frost Parcel. The aforesaid easement
unto MDG and its successors and assigns forever.
2. Construction and Maintenance of Easements and Infrastructure Improvements.
Within six (6) months from the date of this Agreement, MDG shall construct the
storm water detention ponds and the storm water lines and related improvements (the
"Storm Water Improvements") within the Drainage Easement Areas, pursuant to plans
approved by the Town of Mocksville and the North Carolina Division of Water Quality.
Said Storm Water Improvements shall be of a design, size, and capacity to receive and
impound storm water from the MDG parcel and the approximately one and one tenth
(1.1) acre portion of the Frost Parcel located adjacent to Highway 601 and shown on
Exhibit C-1 as Frost 1.1 acre ("Frost Drainage Area"). Frost shall construct, at its cost,
storm water lines from the Frost Parcel to the storm water retention pond. The cost of
constructing the Storm Water Improvements shall be borne by MDG. After completion
of construction, the cost of maintaining the Drainage Easement Area in accordance with
applicable governmental requirements shall be borne by MDG, provided, however, at
such time as development occurs on the Frost Drainage Area or a portion of the Frost
Drainage Area is sold to a third parry, both Frost and MDG shall share equally in the cost
of maintaining the Drainage Easement Area. MDG shall have a perpetual easement and
right to go on the Frost Parcel to perform any necessary maintenance, repairs, or
construction to the Storm Water Improvements. During such time as MDG is performing
construction activities upon the Frost Parcel, MDG or MDG's contractor shall maintain a
policy of general liability insurance with a minimum limit of $1 million each occurrence
for bodily injury, death or property damage, insuring Frost against liability for MDG's
activities upon the Frost Parcel. Prior to commencement of construction activities, MDG
shall provide Frost a certificate of said insurance.
3. Construction Easements. Frost wishes to grant to MDG, for the benefit of the
MDG Parcel, for a period of six (6) months after the date of this Agreement, certain
easement rights to go upon certain portions of the Frost Parcel in accordance with
2
Drainage and Detention Pond Easement Agreement

8K820°GBb4
generally accepted engineering practices as necessary and appropriate for construction of
the improvements stated herein.
For the benefit of MDG, its successors and assigns, and their respective tenants,
employees, customers, and invitees, Frost hereby grants, transfers and conveys to MDG,
as an appurtenance to the MDG Parcel, a non-exclusive easement for a period of six (6)
months after the date of this Agreement, for the use of the Drainage Easement Areas for
construction of the Storm Water Improvements and for the use of the portion of the Frost
Parcel within ninety (90) feet of the MDG Parcel for grading on the MDG Parcel. During
such time as MDG is performing construction activities upon the Frost Parcel, MDG or
MDG's contractor shall maintain a policy of general liability insurance, as set forth
herein above, insuring Frost against liability for MDG's activities upon the Frost Parcel.
4. No Waiver. No delay or omission by any Party in exercising any right or
power accruing upon any noncompliance or failure of performance by the other Party
under the provisions of this Agreement shall impair any such right or power or be
construed to be a waiver thereof.
5. Relationship of Parties. Nothing contained in this Agreement shall be
construed to make the Parties partners or joint venturers or render either of said Parties
liable for the debts or obligations of the other.
6. Modification. This Agreement may be modified, amended, or canceled only
by written instrument executed by all Parties in interest at the time of such amendment
and recorded with the Davie County Register of Deeds, North Carolina.
7. Benefit and Burden Running With Land. The benefits and burdens, rights and
obligations, easements and restrictions created by this Agreement shall be appurtenant to
and run with and burden and be binding upon the Parcels, and shall inure to the benefit of
and be binding upon the Parties and those claiming by, through, or under them. The
covenants, agreements, terms, provisions and conditions of this Agreement shall bind and
benefit the successors in interest of the Parties hereto with the same effect as if
mentioned in each instance when a Party hereto is named or referred to, it being
understood and agreed that upon any transfer of ownership of all or any part of any of the
Parcels, each such successor in interest shall thereupon and thereafter assume, and
perform and observe, any and all of the obligations of its predecessors in interest under
this Agreement. Notwithstanding the foregoing, the covenants, agreements, terms,
provisions and conditions of this Agreement may be modified by written agreement of all
Parties.
8. Notice. Any notice or other communication from one party to the other
pursuant to this Agreement shall be in writing and shall be delivered by hand, by
registered or certified mail, by recognized overnight delivery service such as Federal
Express, or by facsimile, and addressed in the case of MDG to:
Drainage and Detention Pond Easement Agreement

9n820PG8b5
Mocksville Development Group, LLC
P.O. Box 341
Dobson, North Carolina 27017
and addressed in the case of Frost to:
Betty G. Frost Rev. Trust
Ernestine F. Kincaid
William I. Kincaid
Katherine F. Bunch
c/o David F. Bunch
415 S Kentucky Ave
Lakeland, FL 33801
Either Party shall have the right to require (by notice similarly given to the other Party)
that copies of any such notices and like communications also be sent to mortgagees,
partners, counsel, successors, and other third -parties, at such addresses as may be
designated from tune to time. Notices shall be deemed to have been delivered by hand,
or if so mailed or sent by overnight delivery service, on the first day that delivery is made
to the recipient or refused by the recipient, according to the U.S. Postal Service records,
or the records of the overnight delivery service, or upon receipt if delivered by facsimile.
9. Miscellaneous. This Agreement, executed in multiple copies, is to take
effect as a sealed instrument; shall be construed under North Carolina law; sets forth the
entire agreement between the parties; and supersede all prior agreements and memoranda
with respect to the subject matter hereof. The captions are used only as a matter of
convenience and are not to be considered a part of this Agreement or to be used in
determining the intent of the parties. All recitals contained at the beginning of this
Agreement are an integral part of this Agreement and are fully incorporated into the body
of this Agreement. Defined terms in this Agreement are initially underlined only for the
purpose of ease in locating defined terms.
[SIGNATURES FOLLOW]
4
Drainage and 0_tenUon Pond Easement Agreement

IN WITNESS WHEREOF, the undersigned have executed this Agreement under
seal as of the date first above written.
Mocksville Development Group, LLC,
a North Ca o ma limit - liab' ty company
By: i�iy, 11 4 (SEAL)
Timothy 4. Dockery, Me er/Manager
Date: 03-11-2010
STATE OF NORTH CAROLINA
COUNTY OF SMY
I, Michelle S. Gough , Notary Public for said County and State,
certify that Timothy A. Dockery, a Member/Manager of Mocksville Development
Group, LLC, a North Carolina limited liability company personally came before me this
day and acknowledged the due execution of the foregoing instrument on behalf of said
limited liability company.
WITNESS my hand and official seal, this 11 day of March
2010.
Nota+Public `
(Official Seal)
My commission expires: June 26, 2010
T OFFICIAL SEAL
MICHELLE S GOUCH
h:OTARY PUBLIC • NORTH Ch„CL: i l.'
BURRY COUNTY
{ MY COMMISSION EXPIRtS
5
Drainage and Detantion Pond Easement Agreement

OK820PC, 861
STATE OF
COUNTY OF
FROST:
Ernestine F. Kincaid
r,
William I. Kincaid
Betty G. gost
Katherine F. Bunch
ajad"tW
t . U try fff 1 -a-- I'4c for TJ ��C Gi
County, in the State of , do hereby certify that Ernestine F.
Kincaid personally appeared before me this day and acknowledged the due execution of
the foregoing instrument. ,
Witness my hand and official seal the
q.
e a ` " e.2
1
My Commission Expires:
Drainage and Detention Pond Easement Agreement
no

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STATE OF #(� -,
COUNTY OF
/� C S�•Cau'IC�CD
.. � n;ic for [),4 V1 �—
Co ty, in the State of IN -,do hereby certify that William I.
Kincaid personally appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hanb and official seal this the day of , 2010.
'(Off cial Seal/Stamp) a
/} My Commission Expires:
STATE OF J Vv `
COUNTY OF
I, AjAAE Aw)-&r< m -- a��c for
Coun y, in the State of My . , do hereby certify that Betty G.
Frost personally appeared before me rs day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and official seal this the day ofM, 2410.
(Official Seul/Stamp) -5,Pub1i4cr f
My Commission
STATE'Of : F 1 o c-Ao—
COUNT-v o i l<
c , n e_ f� . ��� s s cD , a Notary Public fork -
County, in the State of j o c I of o_ , do hereby certify that Katherine F.
Bunch personally appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and official seal this the ` -Fkday of Vv� arcV, 2010.
(Official Seal/Stamp) Notary Public W.",
MY COMMISSION I DD834811
EXPIRES: October 2B, 2012t•BOAP.Y Ft. Notary thsmum Assoc. Co.
My Commission Expires: any
Drainage and Detention Pond Easement Agreement

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Exhibit A
MDG Property
Situated in the Mocksville Township, Davie County, North Carolina and being
more particularly described as follows:
Being all of Tract 1 and Tract 2, containing 1.670 acres as shown on the
"Recombination Plat for Mocksville Development Group, LLC" dated July 16,
2009, prepared by Lewis L. Moore, Professional Land Surveyor L-4570 for Allied
Associates, P.A., and recorded in Plat Book 10, Page 182-183 in the Office of the
Davie County Register of Deeds on the 10th day of March, 2010.

i3K020PIG 810
Exhibit B
The Frost Parcel
All of that property described in Deed Book 124, Page 200 recorded in the
Office of the Register of Deeds of Davie County, North Carolina save and except
those tracts and easements excepted in said deed and save and except the
properties described in the following deeds:
1. Deed Book 147, Page 134
2. Deed Book 178, Page 290
3. Deed Book 212, Page 589
(All deeds designated in this Exhibit B are incorporated herein by
reference as if fully set out.)
And, save and except the property described below:
Situated in the Mocksville Township, Davie County, North Carolina and being
more particularly described as follows:
Being all of Tract 1, containing 1.103 acres as shown on the "Recombination Plat
for Mocksville Development Group, LLC" dated July 16, 2009, prepared by Lewis
L. Moore, Professional Land Surveyor L-4570 for Allied Associates, P.A., and
recorded in Plat Book 10, Page 182-183 in the Office of the Davie County
Register of Deeds on the 10th day of March, 2010.

OK, 32QPG811
EXHIBIT C
DRAINAGE EASEMENT AREAS
BEGINNING at a proposed junction box labeled as JB #1 on a proposed site plan by Miller
Landscape Architecture, PA, said proposed junction box also lying N 82' 50' 24" W, 520.62 feet
from NCGS Monument "EYE", having published NAD 83/2001 grid coordinates of
N: 793,059.05 US feet and E: 1,530,852.90 US feet, thence from said point of beginning the
following (3) calls along a proposed storm drain system as shown on a proposed site plan by
Miller Landscape Architecture, PA, until it meets the proposed Storm Water Pond Easement
which runs along the southwestern margin of a proposed 50 foot public right-of-way
(1) N 48° 36' 42" W, 33.00 feet to a proposed curb inlet labeled as Cl #1 (2) S 520 09' 49" W,
75.79 feet to a proposed curb inlet labeled as Cl #2 (3) S 72' 22' 46" W, 11.08 feet to the
southwestern margin of a proposed 50 foot public right-of-way. It is intended for the (3) three
calls above to be the centerline of a 30 foot drainage easement, being 15 foot on each side.
CP
Together with the following property:
BEGINNING at an existing iron rebar in the southwestern margin of a proposed 50 foot
public right-of-way, said existing iron rebar also lying the following course from NCGS
Monument "EYE", having published NAD 83/2001 grid coordinates of N: 793,059.05 US feet
and E: 1,530,852.90 US feet: (1) N 84' 51' 15" W, 637.34 feet, thence from said point of
beginning and with the southwestern margin of a proposed 50 foot public right-of-way,
S 48° 36' 42" E, 42.24 feet to a point, thence leaving the southwestern margin of a proposed 50
foot public right-of-way, S 411 23' 18" W, 40,39 feet to a point in the common property line
between Betty G. Frost Trust, ET AL property, Tax PIN 5729931266 (DB 743, Pg 894 & DB
124, Pg 200) and Lowe's Home Centers property, Tax PIN 5739022679 (DB 582, Pg 203),
thence with the common property line of Betty G. Frost Trust, ET AL property and Lowe's
Home Centers property, N 89135' 19" W, 216.79 feet to a point, said point lying
S 890 35' 19" E, 352.39 feet from an existing iron rebar, iron rebar being a common comer
between Betty G. Frost Trust, ET AL property, and Lowe's Home Centers property, thence
leaving the common property line between Betty G. Frost Trust, ET AL property and Lowe's
Home Centers property, and going through the Betty G. Frost Trust, ET AL property,
N 000 24' 41" E, 43.20 feet to a point, thence continuing through the Betty G. Frost Trust, ET
AL property, N 411 23' 18" E, 149.94 feet to a point, thence continuing through the Betty G.
Frost Trust, ET AL property, S 48' 36' 42" E, 149.76 feet to the point and place of
BEGINNING. The storm water pond easement described herein contains 22,954 square feet 1
0.526 acres, more or less.

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This map is not a certified
survey & has not been reviewed
by a local Government agency
for land development regulations. Exhibit C-'1C-'i
Drainage Easement
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and sufficiency of which is hereby mutually acknowledged, the Parties, intending to be
bound, hereby agree as follows:
1. Drainage and Pond Easements. Frost wishes to grant to MDG easement rights
of drainage from the MDG Parcel over certain areas on the Frost Parcel and through
certain drainage pipes located on the Frost Parcel and for impoundment of drainage water
within the storm water retention pond, as more particularly described in Exhibit C and
shown on Exhibit C-1 as "Drainage Easement" attached hereto and incorporated herein
by reference (the "Drainage Easement Areas").
For the benefit of MDG, its successors and assigns, and their respective tenants,
Frost hereby grants, transfers and conveys to MDG, as an appurtenance to the MDG
Parcel, a non-exclusive easement for drainage of surface water from the MDG Parcel
over, across and through the Drainage Easement Areas and for impoundment of drainage
water within the storm water retention pond on the Frost Parcel. The aforesaid easement
Lento MDG and its successors and assigns forever.
2. Construction and Maintenance of Easements and Infrastructure Improvements.
Within six (6) months from the date of this Agreement, MDG shall construct the
storm water detention ponds and the storm water lines and related improvements (the
"Storm Water Improvements") within the Drainage Easement Areas, pursuant to plans
approved by the Town of Mocksville and the North Carolina Division of Water Quality.
Said Storm Water Improvements shall be of a design, size, and capacity to receive and
impound storm water from the MDG parcel and the approximately one and one tenth
(I.1) acre portion of the Frost Parcel located adjacent to Highway 601 and shown on
Exhibit C-1 as Frost 1.1 acre ("Frost Drainage Area"). Frost shall construct, at its cost,
storm water lines from the Frost Parcel to the storm water retention pond. The co of
constructing the .storm Water Improvements shall be borne by MDG. - �
h of maintaining the Drainage EasernentwAw ..dappe with,
-r
applicable goebl�ernmental- t' ill be borne by, rovi ;` ro e y
- ramage
ad M 1d
shall have a perpetual easement and
right to go on the Frost Parcel !IMMDG
any necessary maintenance, repairs, or
construction to the Storm Water Improvements. During such time as MDG is performing
construction activities upon the Frost Parcel, IVIDG or MDG's contractor shall maintain a
policy of general liability insurance with a minimum limit of $1 million each occurrence
for bodily injury, death or property damage, insuring Frost against liability for MDG's
activities upon the Frost Parcel. Prior to commencement of construction activities, MDG
shall provide Frost a certificate of said insurance.
3. Construction Easements. Frost wishes to grant to MDG, for the benefit of the
MDG Parcel, for a period of six (6) months after- the date of this Agreement, certain
easement rights to go upon certain portions of the Frost Parcel in accordance with
2
Drainage and Detention Pcnd Easement Agreement