20031554 Ver 2_More Info Received_20101123

Dennison, Laurie G'?- IS5?+ va.
F H A S vzu ? b n,
rom. omewoo , ue
Sent: Tuesday, November 23, 2010 4:08 PM
To: Dennison, Laurie
Cc: Chapman, Amy
Subject: FW: Recorded Restrictive Covenants for Cedrow Park Riparian Buffer Restoration Area
(DWQ 2003-1554)
Attachments: Cedrow Park Restrictive Covenants_Recorded.pdf
Please I:„c e in file 2005 1563
Sue Homewood
NC DENR Winston-Salem Regional Office
Divisk,w r41 ',Natei Qu lity
vVlrt??t '?:lent, INC 2, :
Voi(e: ?0) 771 4964
FAX: (33E) 771-4630
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
From: Bob Zarzecki [mailto hzarzecki dsandec.com
Sent: Friday, November 19, 2010 8:37 AM
To: Homewood, Sue; Williams, Andrew E SAW
Cc: Dawson, Amos; Wendell Overby; Rich Glover
Subject: Recorded Restrictive Covenants for Cedrow Park Riparian Buffer Restoration Area (DWQ 2003-1554)
.a:ct re;tr..ctTVe cove n.irs for f.r? (_' Ce drow Park k>.ai:fer
ci t rr E.. 1 ,r lain ;l are .)ri schedule to occur dt rinc4 the first cotipl,e mc-,rit-hs of
aF w it provide you. not,i
r,e on,_-.e tyre prcAnri_ncs are done. I L]_
s . on hE> NIS wor> .> omplr- t e .
kK ?I in:I holiday.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh. NC 27614
[phone] Office Phone
(919)`.! 4517 Direct Line
(919) 8463-9467 Fax
[phone] Mobile
bzarzecki(d)sandec.com
www.SandEC.com
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1
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CITY OF HIGH POINT
FRED A. SAGGETT
CITY ATTORNEY
Mr. Amos Dawson
WILLI AMS MULLEN
301 Fayetteville St., Suite 1700
Raleigh, NC 27601
NORTH CAROLINA
November 8, 2010
RE: Cedrow Park Covenants
Dear Amos:
?3-?55?4 v2.
Enclosed is copy of these recorded covenants. I don't have Bob Zarzecki's address at
hand, so please send to him also.
Thanks for all your help in arranging this chore.
Very truly yours,

Fred P. Baggett
FPB:djs
Enclosure
P. O. BOX 230, 211 SOUTH HAMILTON STREET, HIGH POINT, N. C. 27261 [phone], FAX [phone]
TDD [phone]
Book 7180 Page 2140
2010059146
GUILFORD CO, NC FEE $29.00
MSEHi6D & WORM;
11-05-2010 08:34:55 AM
JEFF L. THIGPEN
REWTeR OF 0®9
BY: JANE SCHULTZ
DEPUTY-W
BK: R 7180
PG: 2140-2145
STATE OF NORTH CAROLINA
COUNTY OF GUILFORD

DECLARATION OF RESTRICTIVE
COVENANTS FOR CEDROW PARK
RIPARIAN BUFFER RESTORATION
AREA, CITY OF HIGH POINT, NC
THIS DECLARATION OF RESTRICTIVE COVENANTS FOR THE CEDROW
PARK RIPARIAN BUFFER RESTORATION AREA, High Point, NC, is made this /f d y of
?/??c'ytdrt<, 2010, by the City of High Point, NC, a North Carolina municipal corporation,
{hereinafter referred to as "Declarant"},
RECITALS:
A. Declarant is the owner of certain real property located in High Point, Guilford
County, NC, which property is described on EXMIT "A" attached hereto and incorporated by
reference herein and depicted on EXHIBIT "B" the plat attached hereto and incorporated by
reference herein.
B. Declarant desires to subject the described property to the restrictions set forth in
this Declaration for purposes of creating a riparian buffer restoration area pursuant to the Cedrow
Park Riparian Buffer Mitigation Plan dated July 2, 2010 and approved by the North Carolina
Department of Environment and Natural Resources. The restrictive covenants set forth herein
are intended to ensure continued compliance with the mitigation condition of the major variance
Book 7180 Page 2141
issued by the North Carolina Environmental Management Commission ("DWQ No. 03-1554')
and the City of High Point (Case # WSV 09-01) for the City of High Point Riverdale Landfill.
C. The restrictive covenants set forth herein shall run with the land, and shall be
binding on the Declarant and all parties claiming under it. The restrictions may be enforced by
the State of North Carolina and the City of High Point.
NOW, THEREFORE, Declarant hereby declares that the property described in
EXHIBIT "A" and depicted on EXHIBIT "B" shall be held, transferred, leased, occupied and
used subject to the following restrictions which are hereby imposed for the purpose of
maintaining the riparian buffer restoration area in perpetuity in its natural or mitigated condition.
The restrictions set forth in this Declaration shall touch and concern and run with the title to the
real property subjected to this Declaration and shall be binding on all parties having any right,
title or interest in the described property or any portion thereof. This Declaration shall bind the
respective heirs, devisees, fiduciary representatives, successors, successors in title and/or assigns,
and shall inure to the benefit of the State of North Carolina and the City of High Pont, each of
which may enforce its terms.
RESTRICTIONS
No person or entity shall perform any of the following activities within the riparian buffer
restoration area property described in EXHIBIT "A" and depicted on EXHIBIT `B:"
a. Fill, grade and excavate or perform any other land disturbing activities;
b. Cut, mow, burn, remove or harm any vegetation;
C. Construct or place any roads, trails, walkways, buildings, mobile homes,
signs, utility poles or towers, or any other permanent or temporary structures;
d. Drain or otherwise destruct or alter the hydrology or drainage ways of the riparian
Book 7180 Page 2142
buffer restoration area;
e. Conduct any activity that negatively affects in a material manner the sediment
removal functions of the riparian buffer restoration area;
f. Dump or store soil, trash or other waste;
g. Graze or water animals, or use for any agricultural or horticultural purpose.
IN WITNES S WHEREOF, Declarant has caused this Declaration to be executed by its
duly authorized representative as of the day and year first above written.
DECLARANT:
CITY OF HIGH POINT, aNorth Carolina
Municipal Corporation
By: 56*6G-,
Title: C izy
Printed Name; ,d?y
STATE OF NORTH CAROLINA
COUNTY
?,A/2,/L ? , a Nataty Public in and for the
County aid btate aforesaid, do hereby certify that _
personally appeared before me this day and acknowledged that he is `
of the City of High Point, NC, a North Carolina municipal'corporation and-64 by au ority duly
given and as the act of the City of High Point, the foregoing Declaration of Restrictive
Covenants, was signed on behalf of the City of High Point.
Witness my hand and notarial stam or seal s Sfi day of Olt),
?i
blic
My commission expires: .Z&/CYNTHIA C. DUNCAN-SMITH
NOTARY'PUBLIC
GUILFORD COUNTY, NO
Book 7180 Page 2143
Description
of
Cedrow Park Riparian Buffer Mitigation Site
on the lands of the -
City of High Point
(Deed Book 2254, Page 483)
"Cedrow Park"
High Point Township
Guilford County, North Carolina
Commencing at an iron pipe on the westerly line of the
lands of the City of High Point (Deed Book 2254, Page 483)
said point being the southeasterly corner of the lands of
Richard L. Moore et ux (Deed Book 3404, Page 119) also
known as Lot 12 of Hickory Hills Subdivision (PB 45, Pg
38), thence North 28° 18' 1311 East 190.68 feet to the True
Point of Beginning of the parcel herein described;
thence from said Point of Beginning and thru the lands
of the City of High Point the following twenty three (23)
courses and distances:
1) North 20° 02' 21" East 91.49 feet, thence
2) North 78° 51' 41" East 91.41 feet, thence
3) North 80° 22' 03" East 54.47 feet, thence
4) North 77° 49' 20" East 104.91 feet, thence
5) South 01° 41' 19" East 39.27 feet, thence
6) South 11" 10' 54" West 39.28 feet, thence
7) South 23° 351 18" East 16.49 feet, thence
8) South 15° 11' 47" West 39.19 feet, thence
9) South 00° 48' 49" East 14.33 feet, thence
10) South 46° 25' 31" East 6.59 feet, thence
11) South 43° 34' 29" West 93.20 feet, thence
12) North 51° 45' 47" West 21.00 feet, thence
13) South 73° 071 23" West 23.46 feet, thence
14) North 66° 12` 51" West 6.29 feet, thence
15) North 49° 16' 28" West 4.65 feet, thence
16) South 80° 43' 56" West 25.07 feet, thence
17) South 86° 35' 37" West 48.24 feet, thence
18) North .810 15' 02" West 28.40 feet, thence
19) North 70° 13' 36" West 38.14 feet, thence
20) North 08° 11' 19" West 22.27 feet, thence
21) North 55° 43' 53" West 20.24 feet, thence
22) North 04° 31' 11" East 15.25 feet, and thence
Book 7180 Page 2144
23) North 19° 38' 19" West 12.25 feet to the Point of
Beginning and containing 45,268 square feet or 1.03921
Acres of land more or less for mitigation purposes.
Project: 20005
Parcels: 148-01-027
File: 20005/desc2.doe
Revised: 9 September 2010
Bo
ok 7180 Page 2145
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