SW4240502_Deed Restriction/Protective Covenant Form_20240820 (2)

IIII'llll IIIII IIIIIIIII I (III I) I
0007388
DAVIDSON CO,NC FEE$26.00
PRESENTED&RECORDED:
04-30-2024 08:21:48 AM
MICHAEL E.HORNE
REGISTER OF DEEDS
BY:TARA W.WHITMAN
DEPUTY
FCa DE 2647
122-123
COVER SHEET
DOCUMENT TYPE: Low Density Residential Subdivisions Deed Restrictions and Protective
Convenances
GRANTOR: K.Todd Isenhour/653 Hartman Road, LLC
GRANTEE: Rosewood HOA/Rosewood Subdivision

Low Density Residential Subdivisions
Deed Restrictions & Protective Covenances !
In accordance with Title 15 NCAC 21-1.1000 and S.L. 2006-246, the Stormwater Management
Regulations, deed restrictions and protective covenants are required for Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are
necessary to ensure that the development maintains a "built-upon" area consistent with the applicable
regulation governing the density level.
1, K. Todd Isenhour acknowledge and affirm by my signature below, that I will cause the following
deed restrictions and protective covenants to be recorded for Rosewood Subdivision prior to the
sale of any lot:
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number-MNt>]V(I as issued by the Division of Energy, Mineral and
Land Resources under the Stormwater Management Regulations. d
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 patties claiming
under them. s
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 The covenants pertaining to stormwater may not be altered or rescinded without the express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. t
6. The maximum allowable built-upon area per lot is 9,200 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. 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 than is shown herein, the
governing maximum built-upon area for that lot shall be the most restrictive of the two.
8. 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.
9. Each lot will maintain a 30*foot wide vegetated buffer between all impervious areas and surface C
waters.
10. All roof drains shall terminate at least 30*foot from the mean high water mark of surface waters.
i
*50 foot for of !!tte i t e 20 oast 1 counties,
Signature: Date: rrz-u- �7 /LDZ+
I, M'�Ch6�'e' a Notary Public in the
1 151
State of b �� � County of
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do hereby certify that - �o�d��nha,�' personally appeared
before me this the day of /C pit 120 and acknowledge
the due execution of the foregoing instrument. Witness my hand and official seal,
I
MIC L MIZE 3
Signa u n Q NOTARY PUBLIC
M Commission expires , G� l Forsyth County
Y p North Carolina
Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 My Commission Expires March 7,2029
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IIIIIII III I III IIIIII II IIII II I '�
2024007498
DAVIDSON CO, NC FEE$26.00
PRESENTED&RECORDED. "..
05-01-2024 08:36:13 AM
MICHAEL E.HORNE
REGISTER OF DEEDS
BY:TARA W.MITMAN
DEPUTY
K: DE 2647
PC: 71-73
STATE OF NOTH CAROLINA
DAVIDSON COUNTY
FOURTH AMENDMENT TO THE
DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS
FOR ROSEWOOD RECORDED IN BOOK 2430, PAGE 263
This AMENDMENTTO THE DECLARATION OF COVENANTS, CONDITIONS,AND
RESTRICTIONS FOR ROSEWOOD recorded in Book 2430 page 263(the"Declaration"), is made on
the date hereinafter set forth by 653 HARTMAN ROAD, LLC, a North Carolina limited liability
company(herein DECLARANT).
WHEREAS,the DECLARANT, in accordance with ARTICLE X,SECTION 3-AMENDMENT,
hereby desires to amend the Declaration as follows:
ARTICLE I,SECTION 9 shall now read:"Period of Declarant Control shall mean and refer to the
period of time commencing on the date this Declaration is recorded in the Office of the Register of
Deeds in Davidson County and continuing for ten(10)years from the date this Declaration is so
recorded or the later of; (i)such time as Declarant,together with all affiliated entities, shall cease to
own at least one of the lots shown on the Plan which are intended for residential purposes in all
phases; (ii)such time as Declarant transfers all required post construction stormwater permits to
the Rosewood HOA, Inc."
ARTICLE X,SECTION 3(b)shall now read:"During the period of Declarant control or if Additional
Property is annexed pursuant to the provisions hereinafter set forth,the Declarant has the right to
revise or amend these documents without the approval of the owners. Any restriction, covenant or
conditions hereinafter set forth may be removed, modified, or changed by securing written consent
of the Declarant,which written consent shall be duly executed,acknowledged,and recorded in the
Office of the Register of Deeds of Davidson County, North Carolina, and which written consent may
be given or withheld within the uncontrolled and sole discretion of the Declarant, and its heirs and
assigns. The Declarant may convey its rights to remove, modify or change any restriction,
condition, or covenant of this instrument to any person firm or corporation by instrument in writing
duly recorded in the Office of the Register of Deeds of Davidson County, North Carolina."

i
ARTICLE I-DEFENITIONS shall now include in addition:"SECTION 15. BUILT-UPON AREA
(BUA). Impervious surface and partially impervious surface to the extent that the partially
impervious surface does not allow water to infiltrate through the surface and into the subsoil. BUA
does not include: a slatted deck;the water area of a swimming pool; a surface of number 57 stone, i
as designated by the American Society for Testing and Materials, laid at least four inches thick over
a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the
pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41
inches per hour); or landscaping material, including, but not limited to,gravel, mulch, sand, and
vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways
and parking areas that will not be compacted by the weight of a vehicle, such as the area between
sections of pavement that support the weight of a vehicle."
ARTICLE II PROPERTY RIGHTS shall now include in addition:"SECTION 5. LOW DENSITY
RESIDENTIAL SUBDIVISIONS DEED RESTRICTIONS AND PROTECTIVE COVENANCE. The
Rosewood subdivision is subject to the restrictions outlined in Exhibit B recorded in Davidson
County Deed Book 2647 Page 122.
Exhibit B shall be added and attached to the Declaration and contains the following
language:
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 Low Density Residential
Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants
are necessary to ensure that the development maintains a"built-upon"area consistent with the
applicable regulation governing the density level.
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number(to be assigned),as issued by the Division of Energy, Mineral and Land
Resources(the "Division")under 15A NCAC 02H.1000, effective January 1,2017.
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 Division.
5.Alteration of the drainage as shown on the approved plans may not take place without the
concurrence of the Division.
6. The maximum built-upon area(BUA)per lot is 9,200 square feet. This allotted amount includes
any BUA 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 not shown on the approved plans. BUA has
the same meaning as G.S. 143-214. 7,as amended.
7. The maximum allowable BUA shalt not be exceeded on any lot until the permit is modified to
ensure compliance with the stormwater rules,permit, and the approved plans and specifications.
8. Filling in,piping or altering any vegetated conveyances(ditches,swales, etc.)associated with the
development, except for average driveway crossings, is prohibited by any persons.

9.A 30-foot wide vegetative setback must be provided and maintained adjacent to all surface
waters in accordance with 15A NCAC 02H.1003(4)and the approved plans.
10.All roof drains shall be released no closer than at the edge of the 30-foot wide vegetated setback
and allowed to flow through the setback as dispersed flow.At no time shall stormwater runoff be
piped into or through the setback.
11.Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in NCGS 143,Article 21.
In Testimony Whereof,the duly authorized representative of the DECLARANT has executed
this instrument for and on behalf of the limited liability company this 30th day of April, 2024.
DECLARANT: �,�
653MTMAOAD,,:7aLLC, a Limited Liability Company
By: K.Todd Isenhour, Manager
STATE OF North Carolina
COUNTY OF Forsyth
I, a Notary Public of the county and state aforesaid, certify that K.Todd Isenhour,who
Being known by me duly sworn,says that he is the manager of 653 HARTMAN ROAD, LLC, a North
Carolina limited liability company, and that the foregoing instrument was duly executed by
him for and on behalf of said limited liability company.
WITNESS my hand on official stamp or seal,this day of , 2024.
Notary Public (SEAL)
MMVAV- �e, MICHELLE MIZE
Printed Name NOTARY PUBLIC
p- Forsyth County
My commission expires: 1'W1 2� North Carolina
My Commission Expires March 7,2029

Dav�
i
Michael E. Horne Davidson County Transaction#:1429249 Print Date:
Register of Deeds Receipt#: 1429249 5/1/2024 8:36:30 AM
, P.O. Box 464 Cashier Date: 5/1/2024 08:36:13 AM
Lexington, NC 27293 (TWHITMAN)
336-242-2150
Customer Information Transaction Information Payment Summary
TODD ISENHOUR Date Received: 5/1/2024 Total Fees: $26.00
Source Code: MAIL Total Payments: $27.00
Return Code: MAIL
Total Docs Received: 1
1 Payment
Credit Card-Authorization: 61253Q $26.0
Credit Card Fee $1.0
1 Recorded Item
(R/C) RESTRICTIVE COVENANTS Instrument#:2024007498 Book 2647 Page 751 Date: 5/1/2024 08:36:13 AM
From: ROSEWOOD To:
Recording Fee 1 st Page @$26.00 3 $26.00
Additional Pages @$4.00
1001 Excise Tax @$1 per$500 0 $0.0
MAR 01 2024
By
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Davidso,OYOAIHCAROL ^ , tj� a)
Michael E. Horne Davidson County Transaction #:1429111 Print Date:
Register of Deeds Receipt#: 1429111 4/30/2024 8:21:53 AM
, P.O. Box 464 Cashier Date: 4/30/2024 08:21:48 AM
Lexington, NC 27293 (TWHITMAN)
336-242-2150
Customer Information Transaction Information Payment Summary
TODD ISENHOUR Date Received: 4/30/2024 Total Fees: $26.00
Source Code: MAIL Total Payments: $27.00
Return Code: MAIL
Total Docs Received: 1
1 Payment
Credit Card -Authorization: 02146Q $26.0
Credit Card Fee $1.0
1 Recorded Item
(R/C) RESTRICTIVE COVENANTS Instrument#:2024007388 Book 2647 Page 122 Date: 4/30/2024 08:21:48 AM
From: ISENHOUR, K TODD To:
Recording Fee 1st Page @ $26.00 2 $26.00
Additional Pages @ $4.00
1001 Excise Tax @ $1 per$500 0 $0.0
U
MAN ON
2024
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