Loading...
HomeMy WebLinkAboutSW8890508_Current Permit_19921130DR ro- Zj::�R,6 2eaen0 -..RECORDED & VERIFfn STATE OF NORTH CAROLINA REBECCA T.CHRISTIAN BOOK PAGE REGISTER OF DEEDS COUNTY OF NEW HANOVER ��}{ yy NEW HANOVER CO. NO, DECLARATION OF }RSAICTION1,4CONDITIO , Enno 37 COVENANTS, AGREEMENTS, LIENS ANUT (OR RESTRICTIVE COVENANTS) KURE BY THE SEA T.,!?S 1 R THIS DECLARATION made this the 161-4- day of November, 1992 It by Kure by the Sea Homeowners Association, Inc., a North Carolina Corporation, formed under Chapter 55A of the North Carolina General Statutes with an address of 535 The Cape Boulevard, Wilmington, NC 28412 hereinafter called "Declarant"; W I T N E S S E T H: WHEREAS, Declarant is the owner of that certain real proper- ty located in the Town of Kure Beach, New Hanover County, North Carolina and designated as Lot No. 18 on that certain survey map or plat entitled: "PHASE I, KURE BY THE SEA" hereinafter sometimes referred to as "map", which map or plat is recorded in Map Book 29 at Page 151 in the Office of the Register of Deeds of New Hanover County, North Carolina, said property being more particularly described on said map or plat. WHEREAS, it is the desire and intention of Declarant to impose upon said lot as well as all property lying between the easternmost boundary of said lot and the mean high water line of the Atlantic Ocean as the same now exists as well as any land that may accrue to said property in the future by accretion, mutually, beneficial restrictions, conditions, easements, cove- nants and agreements under a genera]_ plan or.scheme of improve- ments for the benefit of all of the future owners of lots in KURE BY THE SEA, ALL PHASES; NOW, THEREFORE, Declarant hereby declares that Lot 18 of Phase I of Kure By the Sea is held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to the following provisions, rest 'cti conditions, nd easements, covenants and agreements a� of which are declared and agreed to be in furtherance of a plan`. `' 64E 0 Vol benefit of lot owners in Kure By the Sea all Phas Nuv Yt 1992 established and agreed upon for the purpose of enhancing [y*dM 89 a So S protecting the value, desirability, and attractiveness o sai r •. m S r real property and every part thereof, and all of which shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the above named lot or any part thereof. 1. No impervious surf ce. as d.ef i ned in. the storm water run off ru_tes and a-egulat:i a: ns ad�ipt� ed. by t-:ise Sta-te of North Carolina shell be allowed or placed upon any portion of said Lot, other than the existing gazebo. 2. Said Lot shall be maintained in a natural, unspoiled state for the joint and mutual use and benefit of all lot owners of Kure By the Sea, all phases. IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed in its corporate name by its President, sealed with its corporate seal and attested by its Secre- tary, all on the day and year first hereinabove written. ATTEST: ?:�ORPORATES� L ) V � ; n STATE OF NORTH CAROLINA KURE BY THE SEA HOMEOWNERS ASSOCIATI I C. BY: Pi -es Ident STORMWATE W W O 0 Ito. c1 COUNTY OF NEW HANOVER 03 rn I, ��`are.�Cc��I'10.r�r-Qx�mmPr►'r�ar�� a Notary Public in and for the County ofIN Ha �t over an State of North Carolina do hereby certify that i . d a- 6 • M e are S personally appeared before me this day and acknowledged that he/ip is Secre- tary of KURE BY THE SEA HOMEOWNERS ASSOCIATION, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was duly signed in its name by its President sealed with its corporate seal and attested by himself erself) as its Secretary. WITNESS my hand and notarial seal, this 1014�`-day of November, 1992. , --N E C E E V Im V NOV 3 a 1992 ®EM "OJ sgasoS _ t� x ``YY1 0.ranACLR NOTARY &UBLIC c utRssion expires: MAL' `" ' — G�' STATE OF NORTH CAROLINA L'h)' TI`•.'b ' New Hanover County ThpS Fore oin /Aanexed Certificates) 0- _ ,�� � �•' of '{sue Notary ({!ielarier}Public is,lare certified M. Ux to be correct. •i .� .dye _ _ This the'k day of 'EC n ORDED & VERIFIED REg ECCA T. OHMSTiAN REGISTER OF DEEDS A NEW HANOVER CO. NC" STATE OF NORTH CAROLINDOpK , PAGE ,92 �oU 2 COUNTY OF NEW HANOVER1 6 3 1 } 0 RM 20 31 FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS, COVENANTS,'AGREEMENTS, LIENS AND CHARGES (OR RESTRICTIVE COVENANTS), RECORDED IN BOOK 1457 PAGE 1345 OF THE NEW HANOVER COUNTY REGISTRY KURE BY THE SEA LOTS 23 THROUGH 44, PHASE I it THIS FIRST AMENDMENT to that certain Declaration made.the 25th day of May, 1989 by Kure By the Sea Limited Partnership, recorded in Book 1457 at Page 1345 of the New Hanover County Registry. W I -T N E S S E T H : WHEREAS, in Paragraph 3(b) of the Declaration, the Declarant reserved the right to " allow adjustments to the conditions and restric- tions herein in order to overcome practical difficul- ties and prevent the necessary hardship in application of the regulations contained herein . . ."; and WHEREAS, it has been determined that the following lots are currently in violation of Paragraph 3(c) in that each lot to some degree exceeds the allowance of 1686 square feet specified in said paragraph for covered structures; and WHEREAS, through a combination of a reduction in covered area on each offending lot and a dedication of land in the subdivision to restrictions that shall keep said land in a natural, unspoiled state, the requirements of the North Carolina storm water run off rules and regulations for the subdivision as a whole are now being met; NOW, THEREFORE, the Declarant, acting pursuant to Paragraph 3(b) of the Declaration hereby grants the following variance to permit the following lots to have the following amount of covered (impervious) surfaces: nn Lot 24 2180 square feet of covered area U C E U `1 LC1UJ Lot 29 2151 square feet of covered area Lot 27 2151 square feet of covered area NOV 3 0 1992 Lot 37 2151 square feet of covered area Lot 38 1900 square feet of covered, area D E M -_OJ # ??050F EXCEPT as herein varied, the provisions of said Declaration shall remain in full force and effect. 00002 m f � IN WITNESS WHEREOF, the Declarant has caused this instrument to be signed in its name by its General Partner, all on this the 4 5+►-- day of N1 vd f t,•-be (' , 1992. KURE BY THE SEA LIMITED PARTNERSHIP V-0 c� BY: (SEAL) --� THOMAS.D. WR H , General Partner Y � O O �,p !O STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, P1�a�Ca+hari /•e�� rnme�m�� _, a Notary Public in and for the County of C%N anogt° and State of North Carolina do hereby certify that THOMAS D. WRIGHT personally appeared before me this day and acknowledged that he is General Partner of KURE BY THE SEA LIMITED PARTNERSHIP, a North Carolina limited partner- ship, and that by authority duly given and as the act of the limited partnership, the foregoing instrument was duly signed in its name by himself as General Partner.- �10 77NES Smy hand and notarial seal, this 1 Pk- day of 1992. My commission. expires: 1- a � -q f CPAT_1 rc=.. \Jcnee\kuresee.end - not an AA Cl ct„� NOTARY UBLIC STATE OF NORTH CAROLINA New Hanover County 7�e F ing/APPm*e& Certificate(Q of Notary 4bk* "ice) Public is/ere certified to be correct. This the davof Rebecca P-Tucker, Register of Deeds i ef,'' 044--- By py, A A&4zhA!!n2 . Deputy/AceiataA- W Nov s o 1992 D E M gqo Soy - 2 - ILI BOOK STATE OF NORTH CAROLINA 16 3 1 RECORDED & VERIFIED REBECCA T. CHRIS T IAN PAGE REGISTER OF DEEDS 141 0 NEW HANOVER CO. NC. - COUNTY OF NEW HANOVER 092 NOV 20 An lO 36 FIRST AMENDMENT TO DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS, COVENANTS, AGREEMENTS, LIENS AND CHARGES (OR RESTRICTIVE COVENANTS), RECORDED IN BOOK-1535 PAGE 0047 OF THE NEW HANOVER COUNTY REGISTRY KURE BY THE SEA LOTS _4 HROUGH 50 AND LOTS 66 THROUGH 78, PHASE 2A THIS FIRST AMENDMENT to that certain Declaration made the ,- 8th day of March, 1991 by Kure By the Sea Limited Partnership, recorded in Book 1535 at Page 0047 of the New Hanover Counfy Registry. W I T N E S S E T H: WHEREAS, in Paragraph 3(b) of the Declaration, the Declarant reserved the right to " . . allow adjustments to the conditions and restric- tions herein in order to overcome practical difficul- ties and prevent the necessary hardship in application of the regulations contained herein . . ."; and WHEREAS, it has been determined t1lat Lot 67 is currently in violation of Paragraph 3(c) in that it has exceeded the allowance of 1686 square feet specified in said paragraph for covered structures; and WHEREAS, through a combination of a reduction in covered area on the offending lot and a dedication of land in the subdi-- vision to restrictions that shall keep said land in a natural, unspoiled state, the requirements of the North Carolina storm water run off rules and regulations for the subdivision as a whole are now being met; NOW, THEREFORE, the Declarant, acting pursuant to Paragraph 3(b) of the Declaration hereby grants the following variance to permit Lot 67 to have the following amount of covered (impervi- ous) surface: Lot 67 ..............2080 square feet of coveredarea ' 1Aff EXCEPT as herein varied, the provisions offsaiVion shall remain in full force and effect. 000023 E E [U NOV 3 0 1992 J f IN WITNESS WHAM, the DJPA%ant has caused this instrument to be signed in itl ghhU by it&'GU ral Partner, all on this the I Bt►`. day., of N1DdCry) bf i , 1992. KURE BY THE SEA LIMITED PARTNERSHIP BY: (SEAL) n THOMAS D. HT, General Partner h STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public in and for the County of N e,,t H a,1 av e (' and State of North Carolina do hereby certify that THOMAS D. WRIGHT personally appeared before me this day and acknowledged that he is General Partner of KURE BY THE SEA LIMITED PARTNERSHIP, a North Carolina limited partner- ship, and that by authority duly given and as the act of the limited partnership, the foregoing instrument was duly signed in its name by himself as its General Partner. ti✓ WITNESS my hand and notarial seal,_ this � day of hiDJem he ( , 1992. My commission expires: I ►- a5-6KO (SEAL) 6�4- -Tyl &jl,,A- NOTAR-(j PUBLIC STATE OF NORTH CAROLINA New Hanover County The Forggoing/AnnexedCertificate(s) of � Notar y I.DJwteries)-i'ublic is/,aye certified to be correct. i This the .401_4 day of __V600 19 QL . RebeccazF. Tucker, Register of Deeds I By An .Ch/'s bra.- I Deputy/e& &%p# _ I STORMWATER C E IUJ W NOV 3 0 1992 DEm ,0j # rR0568 \Jones\kurasee7.sud - noa - 2 BOOK PAGE Mail To: This instrument• was prepared F, P. O. Drawer 2178, Wilmington, NC 28402 QUITCLAIM DEED — QD-1 Printed and for sale by James Williams & Co., Inc., P.O. Box 127, Yadkinville, N.C. 27055 STATE OF NORTH CAROLINA, ��� New. Hanover County. THIS DEED, Made and entered into this I , _day of NavenbeY , 19 92 , by and between Kure by the Sea Limited Partnership of New Hanover County and State of North Carolina,'hereinafter called Grantor, and Kure by the Sea Hdueowners Association, Inc. of New Hanover County and State of North Carolina, hereinafter called Grantee, whose permanent mailing address is 535 dB die Cape oulevard, Wilmington, North Carolina 28412 ; WITNESSETH: • to 70 ? Z 70 rn . rn $ �.n f�.n� xmnM o >o -4 c� rn " S G A C c ^+ That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to him in hand paid, the receipt ofswhich is hereby acknowledged, has remised and released and by these presents does remise, release, convey, and forever quitclaim unto the Grantee, his heirs and/or successors and assigns, all right, title, claim and interest of the Grantor in and to a certain lot or parcel of land lying and being in Federal Point Township, New Hanover I County, North Carolina, and more particularly described as follows: Being all of that land lying eastwardly of the eastern boundary line of Lot 18 of Kure By the Sea, Phase I, recorded in Map Book 29 at Page 151 in the Office of the Register of Deeds of New Hanover County and extending eastwardly to the mean high water line of the Atlantic Ocean, bounded on the North by the northern boundary of said Lot 18 extending eastwardly to said high water line and bounded on the South by the southern boundary of said Lot 18 extended to said high water line. NOV 3 0 1992 L� D IE ill 000022 # $g0s00 To have and to hold the aforesaid lot or parcel of land and all privileges thereunto belonging to him, the Grantee, his heirs and/or successors and assigns, free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under him. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. KUM BY THE SEA LIMITED PARMMHIP ;tame) N(SEAL) By SEAL' (SEAL) General P er (SEAL) (SEAL) SEAL -STAMP NORTH CAROLINA, COUNTY. 1, a Notary Public of the County and State aforesaid, certify that SEAL -STAMP The foregoing Certifl is/are certified to b at A.M., P By personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of 1 g My Commission expires: NORTH CAROLINA, COUNTY. I, a Notary Public of the County and State aforesaid, certify that Notary Public Trustee, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of My Commission expires: 19 . Notary Public P NORTH CAROLINA, NEW HA 4OVER COUNTY. I, a Notary Public of the County and State aforesaid,. certify that T. D. WRIGHT ;personally came before me this day and acknowledged that— he is &Vb=gf3emra1 Part ner - i'. ; iE` iJRE BY THE SEA LIMITED PA UM' S)EHIP Limited Pa nershi n •- a North Carolin�/g, an t at by aut `ority = ~ LiTrdted Partnership en and as the act of thiYaaqwEmZmthe foregoing instrument was signed in its name byAX hiltself General Parther. — my hand and official stamp or seal, this—l-4ay : •- My commission expires: l November ,19 92 . Cam^ fl^^^ '��otary Public STATE OF NORTH CAROLINA v New Hanover County The For oin /-Certificate( of Notary Public ism certified to be correct: ,, y registered this day of 1 g This the Q � y of _A&V, r , Rebecca P.-Tucker, Register of Deeds !r of Deeds for eeCounty, North Carolina. By M� _ Deputy/Assistant — Register of Deeds. Deputy/Assn. C" W 6°'4 C.7 Q .--i o m a a O 4A t n a �i RECENED APR 2 7 1.19? R!F ED DF� 15 3 u u "7 1 z, .��c� �;;•,. z REG15i,.- STATE OF NORTH CAROLINA, �HR .� 55 COUNTY OF NEW HANOVER. DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS, COVENANTS, AGREEMENTS, LIENS AND CHARGES (OR RESTRICTIVE COVENANTS) KURE BY THE SEA LOTS 45 THROUGH 50 AND 'LOTS' '66 THROUGH '7-8,' PHASE' 2 A THIS DECLARATION made this the 8th day of ki/IRCH,. 1991 by KURE BY THE SEA LIMITED PARTNERSHIP, a North Carolina Limited Partnership (see Certificate filed in Book 1449 at Page 1427 of the New Hanover County Registry) with an address of P. 0. Box 999, Hampstead, N.C. 28443, hereinafter called "Declarant"; W I T N E S S E T H: WHEREAS, Declarant is the owner of that certain real property located .in. the Town of Kure Beach, New Hanover County, North Carolina, as set forth on that certain survey map or plat entitled: is PHASE 2 A KURE BY THE SEA " hereinafter sometimes referred to as "map", which map or plat is recorded in Map Book 31 at Page 290 in the Office of the Register of Deeds of New Hanover County, North Carolina, said 14 property being more particularly described on said map or plat. WHEREAS, it is the desire and intention of Declarant to sell the lots set out and described below and to impose upon those lots mutually, beneficial restrictions, conditions, easements, cove- nants and agreements under a general plan or scheme of improve- ments for the benefit of said lots as well as the future owners of lots in KURE BY THE SEA ALL PHASES; NOW, THEREFORE, Declarant hereby declares that LOTS 45-50 and 66-78 of Phase 2A of Kure By the Sea are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to the following provisions, restrictions, conditions, easements, covenants and agreements all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of the said real property and are established and agreed upon for the purpose of enhancing and protecting the, value, desirability, and attractiveness of said real property and every part thereof, and all of which shall run with the land and shall be binding on all PAGE 2 parties having or acquiring any right, title above named lots or any part thereof. RECEIVED APR 2 7 1992 wiwngton Regional Office DEM r intere-s-t-in the 1. DEFINITIONS. As used in this Declaration of Restrictive Covenants, the following terms shall mean: (a) "Declarant" (sometimes referred to as the "Company" as used herein shall mean KURE BY THE SEA LIMITED PARTNERSHIP, its successors and assigns. (b) "Record" or "Recording" refers to record or recording with the Register of Deeds of New Hanover County, North Carolina. (c) "Property" generally means the lands known as KURE BY THE SEA, ALL PHASES, in the Town of Kure Beach, New Hanover County, North Carolina. (d) "Residential Lots" or "Lots" means the lots specifically set forth above, to -wit: Lots 45-50;66-78' , of Phase 2A_ KURE BY THE SEA. (e) "Association" shall mean the KURE BY THE SEA OWNERS' ASSOCIATION, INC., its successors and assigns. (f) "Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictive Covenants. 2. APPLICABILITY. These Restrictions shall apply to all of Lots 45-50: 66-78 , '2A as shown on the above referred to map of PHASE I, KURE BY THE SEA. 3. (a) RESERVATIONS. The Company reserves the right to change, alter or redesignate roads, utility and drainage facilities, and to change, alter or redesignate such other present and proposed amenities or facilities as may, in the sole judgment of the Company, be necessary or desirable. Provided, however, no such changes shall be deemed to affect any lots previously conveyed by the Declarant. (b) VARIANCES. The. Company and/or the Architectural Committee appointed by the Company shall have the power to and may allow adjustments to the conditions and restrictions herein in order to overcome practical difficulties and prevent unnecessary hardships in application of the regulations contained herein, provided, however, that such is done in conformity with the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustment of height, size and setback requirements may be granted hereunder. (c) BUILDING AND SITE IMPROVEMENTS. No building, fence, wall, bulkheading or other structure shall be erected, placed or altered on any residential lot, nor shall the grade or elevation or physical characteristics including, but not limited to, slopes, dunes, and tree growth, on any such lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, RECEIVE® PAGE 3 APR 2 7 199[ Wlimin&n Regional Offic O DEM specifications, exterior colors and finishes, ncludifig' brick siding, etc., site and landscaping plans (showing the proposed location, height and orientation of such building or structure, drives, parking areas and proposed alterations to the grade, elevation or physical characteristics of the site), and construction schedule shall have been approved in writing by the Company. Refusal of approval of any such plans, location or specifications may be based by the Company upon any grounds including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Company shall seem sufficient. Without the prior written consent of the Company, no changes or deviations in or from such plans or specifications as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Company. One (1) copy of all plans and related data shall be furnished to the Company for its records. The Company shall not be responsible for any structural or other defects in plans or specifications submitted to it or in any structure erected according to such plans and specifications. No more than 1686 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended to insure continued compliance with stormwater runoff rules adopted by the State of North. Carolina and therefore this provision may be enforced by the State of North Carolina through its duly authorized agencies. 5. APPROVAL OF PLANS. (a) No house plans will be approved unless the proposed house will have the minimum required square footage of enclosed dwelling area. The term "enclosed dwelling' area" as used in the minimum size requirements shall mean the total enclosed area within a dwelling; provided, however, that such term does not include garages,'terraces, decks, open porches, and like areas. The minimum enclosed dwelling area shall be 1200 L square feet. (b) KURE BY THE SEA BUILDING SETBACK GUIDELINE REQUIREMENTS. Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the Ocean, preservation of land contour, important trees and other vegetation, ecological and related considerations, variances for these specific setback guidelines are permitted under these Restrictions in Paragraph 3 (b) hereinabove. In order to assure, however, that the foregoing considerations are given maximum PAGE 4 � 535 00 . effect, the Company reserves the right to control and approve absolutely the site, location, orientation and floor elevations of any house or dwelling or other structure upon any lot. Planting in areas outside the designated building site is limited to gras'J3, flowers, and shrubs having a height of not moe than 14 feet abov� mean low water of the Atlantic ocean or bvera-& uJMFtl ight whichever is greater. K V(1Imin&n Regional offiC9 (c) The exterior of all houses and other structuz must be completed within six (6) months after the Instruction of same shall be commenced, except where such completion is impossible or would result in great hardship to -the owner or builder due to strikes, fires, national emergency or natural calamities. (d) service rooms, garages and shower facilities may be placed below the first living floor provided suitable screening is provided. (e). Each lot owner shall provide receptacles for garbage, in a screened area not generally visible from the road, or provide underground .receptacles or similar facility in accordance with reasonable standards established by the Company. (f) Subject to any other limitations imposed by the zoning ordinance of the Town of Kure Beach, no structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any residential lot other than a detached single family dwelling not to exceed two and one-half (2-1/2)) stories in ineight, unless the Company approves in writing a structure of more than two (2) stories pursuant to Paragraphs 3(b) and 4(a) hereof. No building or other structure, or part thereof, at any time situate on such residential lots shall be used as a professional office or charitable or religious institution, or for business or manufacturing purposes, or for any use whatsoever other than residential and dwelling purposes as aforesaid; and no duplex residence or apartment house shall be erected or placed on or allowed to occupy such residential lots and no building shall be altered or converted into a duplex residence or apartment house thereon. In addition, no residence shall be converted to or RECEIVED PAGE PAGE 5 APR 2 7 1992 1 5 3� l U 51 wiinnIr�co�e�onal Office marketed under a time-share plan tan as defined by the General Statutes of North Carolina. (g) If the finished building or other structure does not comply with the submitted plans and specifications, the Company retains the right to make the necessary changes at owner's expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. 5. RESIDENTIAL USE: (a) A].1 of. the above described lots shall be used for residential purposes exclusively. (b) No trailer, tent, mobile home, or other structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the lot after completion of construction. (c) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within a screened area, or buried underground; provided, however, that nothing contained herein shall prevent the Company from erecting, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service. 6. MAINTENANCE. (a) It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkempt conditions of buildings or grounds on such lot which shall tend to substantially decrease -the beauty of KURE BY THE SEA. (b) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment-, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. R REG W, W APR 2 7 19?. 3 .S U U 2 PAGE 6 �(jlmingtoofona! Alflaf self, ' 7. ENTRY. The Company reserves for it , its successors and assigns, and its agents the right to enter upon any residential lot, such entry to be made by personnel with tractors or other suitable devices, for the purposes of mowing, removing, clearing, cutting or pruning underbrush, hedges (to enforce height limitations), weeds or other unsightly growth, or for the purpose of building or repairing any land contour or other dunework, which in the opinion of the Company detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the property. Such entrance shall not be deemed a trespass. The Company and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this Paragraph shall not be construed as an obligation on the part of the Company to undertake any of the foregoing. 8. MISCELLANEOUS EASEMENTS. The Company reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right on, over and under the ground with men and equipment to erect, maintain, inspect, repair and use wires, cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity and telephone equipment, gas, sewer, water or other public conveniences of utilities on, in or over the rear ten (19) feet of each lot as shown on the recorded plat. This easement and right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economic and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any licensee_of the Company, but this reservation shall not be considered an obligation of the Company to provide or maintain any such utility or service. 9. SUBDIVIDING. No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Company. However, the Company hereby expressly reserves to itself, its successors and assigns, the right to replat any two 0 RECEIV8P APR 2 7 1992 IjU .� PAGE 7 Wilminston Regional office (2) or more lots set forth above in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such replatted lot suitable and fit as a building site, said steps to include, but not to be limited to, the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. 10. MEMBERSHIP IN ASSOCIATION. By the recording of the deed to his or her lot, the lot purchaser becomes and agrees to become a member of the Kure By the Sea Owners Association, if and when such an Association is formed, and agrees to abide by, and be subject to, the charter and by-laws of the Association and these Restrictions. 11. COVENANTS RUN WITH THE LAND. All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming under them to specifically include,, but not be limited to, the successors and assigns, if any, of the Company, for a period of ten (10) years from the date hereof after which time all said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the above numbered lots has been recorded, agreeing to change said covenants in -whole or in part. 12. VIOLATIONS. In the event of a violation or breach of any of these Restrictions by any lot owner, or agent of such owner, the Company or owners of any other property in KURE BY THE SEA ALL PHASES, or any of them jointly or severally shall have the right to proceed at law or equity to compel a compliance with the terms hereof or to prevent a violation or breach. In addition to the foregoing, the Company shall have the right, whenever there shall have been built on any lot any structure which is in violation of these restrictions to enter upon the lot on which said violation exists and summarily abate or remove the same at the expense of the owner, if thirty (30) days after written notice of such violation it shall not have been corrected by the owner. Any such entry and abatement for removal shall not be deemed a I RECEIVED Bout ?At3E APR 2 7 199? 1 5 3 5 0054 PAGE 8 Mimington Regional Office trespass. The failure to enforce any right, reservations, restrictions, or condition contained in these Restrictions, however, long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 13. DEDICATION TO PUBLIC USE. Nothing in these Restrictions, nor in the recording of any _ plat or deed pursuant hereto, shall dedicate (or be deemed to dedicate) to public use any of the streets, common lands or other grounds within KURE BY THE SEA. 14. No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspaper or magazines or similar material shall be erected or located on any building lot unless and until the size, location, design and type of material for said box or receptacle shall have been approved by the Company. 15. Exterior radio and television aerials for reception of commercial broadcasts shall not be permitted in KURE BY THE SEA; and no other aerials (for example, without limitation, amateur short wave or ship to shore) shall be permitted in KURE BY THE SEA without permission of the Company as to design, appearance and location. 16. During construction all vehicles involved including those delivering supplies must enter the building lot on the driveway only as approved by the Company so as not to damage unnecessarily natural vegetation and dunes. During construction builder must keep the homes, garages, and building sites clean. All building debris, stumps, bushes, etc., must be removed from each building lot by builder as often as necessary to keep the house and lot attractive. Such debris will not be dumped in any area of the Subdivision. 17. No property owner will do or permit to be done any act upon his property which may be or is or may become a nuisance to any other property owner or resident. There shall be no OOF [ 5 35 PAGE 9 APR 2 7 W? � u 5 5 discharging of firearms, guns or pistols, oftany kind, caliber, x type, or method of propulsion. 18. No personal sign of any character shall be displayed upon any part of the property without the Company's prior approval. The Company, however reserves the right to display its "for sale" or "for rent" signs without limitation for so long as it is involved in developing the KURE BY THE SEA Project. 19. No animals, birds, or fowl shall be kept or maintained on any part of the.property except dogs, cats and pet birds, which may be kept thereon in reasonable numbers as pets for the pleasure and use of the occupants but not for any commercial use or purpose. 20. Clotheslines or drying yards shall be located as not to be visible from the street or common easement area serving the premises or from the waterfront. 21. No trailers or habitable motor vehicles of any nature, boats or canoes on or off trailers, may be parked on any part of the property unless inside an enclosed garage. These prohibitions also apply to the common easement area. 22. No individual water supply system shall be permitted except a non -potable lawn irrigation system not connected to any building. A shallow well may be permitted for such water supply. The pump, pressure tank, and pump house, if any, shall be considered structures. 23. Each and every covenant and restriction contained herein shall be considered to be an independent and separate covenant and agreement, and in the event any one or more of said covenants or restrictions shall, for any reason, be held to be invalid, or unenforceable, all remaining covenants and restrictions shall nevertheless remain in full force and effect. 24. The Company may include in any contract or deed hereafter made any additional covenants and restrictions that are not inconsistent with and which do not lower the standards of the covenants and restrictions set forth herein. 25. If the Company shall transfer or assign the development of such Subdivision or if it shall be succeeded by another in the >; t EZ'1"JE:D aonK a F APR 2, 7 19 t 5 3 5 PAGE 10 j •• development of such Subdivision, then such transferee, assignee, or successor shall be vested with the several rights, powers, privileges, or authorities given said Company by any part or paragraph hereof. The foregoing provisions of this Paragraph shall be automatic, but the Company may execute such instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and authorities in such transferee, assignee, or successor. 26. The covenants and restrictions herein shall be deemed to be covenants running with the land. If any person claiming under the Company shall violate or attempt to violate any of such restrictions or covenants, it shall be lawful for the Company, or any person. or persons owning property in KURE BY THE SEA ALL PHASES, and damaged by said violation: (A) To prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to violate any such covenant or restriction, or (B) to maintain a proceeding in equity against the person or persons so violating or attempting to violate any such covenant or restriction for the purpose of preventing such violation, provided however, that the remedies in this Paragraph contained shall be construed as cumulative of all other remedies now or hereafter provided by law. Without limiting the foregoing provisions of this Paragraph, enforcement of these covenants and restrictions may be by the KURE BY THE SEA PROPERTY OWNERS ASSOCIATION, INC. 27. And the said Company hereby covenants and agrees that every contract of sale or deed made by the Company wherein is described any of the above residential lots of said land, to -wit: Lots 45-50;66-78 2A•shall include .or be subject to, by reference or otherwise, each and every covenant and restriction herein written, or the substance thereof, and, subject to the reservation herein, the Company shall conform with and abide by the foregoing covenants as to all of said lots. IN WITNESS WHEREOF, the Declarant has caused this instrument U Butit A;7c PAGE 11 APR 2 j i 535 057 Pop c to be signed in its name by its Partners, all on the day and year first hereinabove written. KURE �BY HIE/ SEEA1 LIMITED PARTNERSHIP BY: V � N l/,�T T. D. WRIG T, General Partner STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. I�La Notary in and for the abovesaid �JCount an St te, o h e y certi y that T. D. Wright, General Partner of Kure by the Sea Limited Partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, Notaxt Pyblicf My Commission Expires: this 8th day of March, 1991. STATE OF NORTH CgROLINA. New Hanover County The Foregoing/Annexed Certificate(s) of --�_ Notary (N taries) public is , to be correct,is/are certified This the 1 day of Rebecca P. Tucker, Register 19!( 8y Deputy/Assiett 0 �11U�457 STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. +Ilr C6 I I 03 '39 DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS, COVENANTS, AGREEMENTS, LIENS AND CHARGES (OR RESTRICTIVE COVENANTS) KURE BY THE SEA LOTS 23 THROUGH 44, PHASE I THIS DECLARATION made this the 25TH day of MAY, 1989, by KURE BY THE SEA LIMITED PARTNERSHIP, a North Carolina Limited Partnership (see Certificate filed in Book 1449 at Page 1427 of the New Hanover County Registry) with an address of P. O. Box 999, Hampstead, N.C. 28443, hereinafter called "Declarant"; W I T N E S S E T H: WHEREAS, Declarant is the owner of that certain real property located in the Town of Kure Beach, New Hanover County, North Carolina, as set forth on that certain survey map or plat entitled: is PHASE I, KURE BY THE SEAr hereinafter sometimes %U referred to as "map", which map or plat is recorded in Map Book 29 at Page 151 in the Office of the Register of Deeds of New Hanover County, North Carolina,. said m �g! property being more particularly described on said map - or plat. WHEREAS, it is the desire and intention of Declarant to sell e the lots set out and described below and to impose upon those lots mutually, beneficial restrictions, conditions, easements, cove- nants and agreements under a general plan or scheme of improve- ments for the benefit -of said lots as well as the future owners of lots in KURE BY THE SEA ALL PHASES;. NOW, THEREFORE, Declarant hereby declares that Lots 23 through 44, of Phase I of Kure By the Sea are held and shall be held, conveyed, hypothecated or encumbered, leased, rented, used, occupied, and improved subject to the following provisions, restrictions, conditions, easements, covenants and agreements all "of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of the said real property and are established and agreed upon for the purpose of enhancing and protecting the value, desirability, and attractiveness of said real property and every part thereof, and all of which shall run with the land and shall be binding on all. \DW3\JOEDAVID\KUREDUNE.DEC IRETURNEDTO � • � Vmz: �• � S) i_ ' poor, PAGE 2 1 3 4 6 parties having or acquiring any right, title or intes�l� above named lots or any part thereof. APR 2 7 199"' "Unington Fteeonai Offiv® DEM 1. DEFINITIONS. As used in this Declaratio of Restrictive, Covenants, the following terms shall mean: (a) "Declarant" (sometimes referred to as the "Company" as used herein shall mean KURE BY THE SEA LIMITED PARTNERSHIP, its successors and assigns. (b) "Record" or "Recording" refers to record or recording with the Register of Deeds of New Hanover County, North Carolina. (c) "Property" generally means the lands known as KURE BY THE SEA, ALL, PHASES, in the Town of Kure Beach, New Hanover County, North Carolina. (d) "Residential Lots" or "Lots" means the lots specifically set forth above, to -wit: Lots 23 through 44, of Phase I, KURE BY THE SEA. (e) "Association" shall mean the KURE BY THE SEA OWNERS' ASSOCIATION, INC., its successors and assigns. (f) "Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictive Covenants. 2. APPLICABILITY. These Restrictions shall apply to all of Lots 23 through 44 as shown on the above referred to map of PHASE I, KURE BY THE SEA. 3. (a) RESERVATIONS. The Company reserves the right to change, alter or redesignate roads, utility and drainage facilities, and to change, alter or redesignate such other present and proposed amenities.or facilities as may, in the sole judgment of the Company, be necessary or desirable. Provided, however, no such changes shall be deemed to affect any lots previously conveyed by the Declarant. (b) VARIANCES. The Company and/or the Architectural Committee appointed by the Company shall have the power to and may allow adjustments to the conditions and restrictions herein in order to overcome practical difficulties and prevent unnecessary hardships in application of the regulations contained herein, provided, however, that such is done in conformity with the intent and purposes hereof, and provided, also, that in every instance such variance or adjustment will not be materially detrimental or injurious to other property or improvements in the neighborhood. Variances and adjustment of height, size and setback requirements may be granted hereunder. (c) BUILDING AND SITE IMPROVEMENTS. No building, fence, wall, bulkheading.or other structure shall be erected, placed or altered on any residential lot, nq.r shall the grade or elevation or physical characteristics including, but not limited to, slopes, dunes, and tree growth, on any such lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, \DW3\JOEDAVID\KUREDUNE.DEC RECEIVE PAGE 3 APR 2 7 1451 1j47 Wilmington Regional Office specifications, exterior colors and finishes, �cluding brick siding, etc., site and landscaping plans (showi' the proposed location, height and orientation of such building or structure, drives, parking areas -And.. proposed alterations to the grade, elevation or physical characteristics of the site), and construction schedule shall have been approved in writing by the Company. Refusal of approval of any such plans, location or specifications may be based by the Company upon any grounds including purely aesthetic and environmental considerations, that in the sole and uncontrolled discretion of the Company shall seem sufficient. Without the prior written consent of the Company, no changes or deviations in or from such plans or specifications as approved shall be made. No alterations in the exterior appearance of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made without like approval by the Company. One (1) copy of all plans and related data shall be furnished to the Company for its records. The Company shall not be responsible for any structural or other defects in plans or specifications submitted to it or in any structure erected according to such plans and specifications. No more than 1686 square feet of any lot shall be covered by structures and/or paved surfaces, including walkways or patios of brick, stone, slate or similar materials. This covenant is intended,to insure continued compliance with stormwater runoff rules adopted by the State of North Carolina and therefore this provision may be enforced by the State of North Carolina through its duly authorized agencies. 5. APPROVAL OF PLANS. (a) No house plans will be approved unless the proposed house will have the minimum required square footage of enclosed dwelling area. The term "enclosed dwelling area" as used in the minimum size requirements shall mean the total enclosed area within a dwelling; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas. The minimum enclosed dwelling area shall be 1200 square feet. (b) KURE BY THE SEA BUILDING SETBACK GUIDELINE REQUIREMENTS. Since the establishment of standard inflexible building setback lines for location of houses on lots tends to force construction of houses both directly behind and directly to the side of other homes with detrimental effects on privacy, view of the Ocean, preservation of land contour, important trees and other vegetation, ecological and related considerations, variances for these specific setback guidelines are permitted under these Restrictions in Paragraph 3 (b) hereinabove. In order to assure, however, that the foregoing considerations are given maximum \DW3\JOEDAVID\KUREDUNE.DEC BOOP. •'alit • PAGE 4 1451 1 348 effect, the Company reserves the right to control and approve absolutely the site, location, orientation and floor elevations of any house or dwelling or• other structure upon any lot. Planting in areas outside the designated building site is limited to grass, flowers, and shrubs having a height of not more ian 14 feet above mean low water of the Atlantic ocean or average �Et whichever is greater. APR 2 7 19R2 VAlmingbon Regional Office DEM (c) The exterior of all houses and other s uctures must be completed within six (6) months after the construction of same shall be commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency or natural calamities. (d) Service rooms, garages and shower facilities may be placed below the first living floor provided suitable screening is provided. (e) Each lot owner shall provide receptacles for garbage, in a screened area not generally visible from the road, or provide underground receptacles or similar facility in accordance with reasonable standards established by the Company. (f) Subject to any other limitations imposed by the zoning ordinance of the Town of Kure Beach, no structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any residential lot other than a detached single family dwelling not to exceed two and one-half (2-1/2)) stories in height, unless the Company approves in writing a structure of more than two (2) stories pursuant to Paragraphs 3(b) and 4(a) hereof. No building or other structure, or part thereof, at any time situate on such residential lots shall be used as a professional office or charitable or religious institution, or for business or manufacturing purposes, or for any use whatsoever other than residential and dwelling purposes as aforesaid; and no duplex residence or apartment house shall be erected or placed on or allowed to occupy such residential lots and no building shall be altered or converted into a duplex residence or apartment house thereon. In addition, no residence shall be converted to or \DW3\JOEDAVID\KUREDUNE.DEC a,}uw P Af*, F REC1451 �; i t 3 4 9 PAGE 5 APR 2 7 1�f' Wilmingtgn Regiocol a:;ri� DENT marketed under a time-share plan as defined y the General Statutes of North Carolina. (g) If the finished building or other structure does not comply with the submitted plans and specifications, the Company retains the right to make the necessary changes at owner's expense, and the further right to file under the North Carolina lien laws notice of liens for any costs incurred. 5. RESIDENTIAL USE: (a) All of. the above described lots shall be used for residential purposes exclusively. (b) No trailer, tent, mobile home, or other structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not, at any time, be used as residences or permitted to remain on the lot after completion of construction. (c) No fuel tanks or similar storage receptacles may be exposed to view. Any such receptacles may be installed only within a screened area, or buried underground; provided, however, that nothing contained herein shall prevent the Company from erecting, placing or permitting the placing of tanks, or other apparatus, on the property for uses related to the provision of utility or other service. 6. MAIFTENANCE. (a) It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkempt conditions of buildings or grounds on such lot which shall tend to substantially decrease the beauty of KURE BY THE SEA. (b) No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof. \DW3\JOEDAVIE\KUREDUNE.DEC h' BOW ✓AG PAGE 6 1451 1 ;i U APR 27 1'19 . Wilmington R€ PNWERI 7. ENTRY. The Company reserves for itself, .its succWihi§ors and assigns, and its agents the right to enter upon any residential lot, such entry to be made by personnel with tractors or other suitable devices, for the purposes of mowing, removing, clearing, cutting or pruning underbrush, hedges (to enforce height limitations), weeds or other unsightly growth, or for the purpose of building or repairing any land contour or other dunework, which in the opinion of the Company detracts from or is necessary to maintain the overall beauty, ecology, setting and safety of the property. Such entrance shall not be deemed a trespass. The Company and its agents may likewise enter upon any lot to remove any trash which has collected without such entrance and removal being deemed a trespass. The provisions in this Paragraph shall not be construed as an obligation on the part of the Company to undertake any of the foregoing. 8. MISCELLANEOUS EASEMENTS. The Company reserves unto itself, its successors and assigns, a perpetual, alienable and releasable easement and right on, over and under the ground with men and' equipment to erect, maintain, inspect, repair and use wires, cables, conduits, sewers, water mains and other suitable equipment for'the conveyance and use of electricity and telephone equipment, gas, sewer, water or other public conveniences of utilities on, in or over the rear ten (10) feet of each lot as shown on the recorded plat. This easement and right expressly includes the right to cut any trees, bushes, or shrubbery, make any grading of the soil, or to take any other similar action reasonably necessary to provide economic and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any licensee of the Company, but this reservation shall not be considered an obligation of the Company to provide or maintain any ti such utility or service. 9. SUBDIVIDING. No lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Company. However, the Company- hereby expressly reserves to itself, its successors and assigns, the right to replat any two \DW3\JOEDAVID\KUREDUNE.DEC 145i 1351 (2) or more lots set forth above in order to create a modified building lot or lots; and to take such steps as are reasonably necessary to make such< replatted' lot suitable and fit as a building site, said steps to include, but not to be limited to, the relocation of easements, walkways, and rights -of -way to conform to the new boundaries of the said replatted lots. 10. MEMBERSHIP IN ASSOCIATION. By the recording of the deed to his or her lot, the lot purchaser becomes and agrees to become a member of the Kure By the Sea Owners Association, if and when such an Association is formed, and agrees to abide by, and be subject to, the charter and by-laws of the Association and these Restrictions. 11. COVENANTS RUN WITH THE LAND. All covenants, restrictions and affirmative obligations set forth in these Restrictions shall run with the land and shall be binding on all parties and persons claiming under them to specifically include, but not be limited to, the successors and assigns, if any, of the Company, for a period of ten (10) years from the date hereof after which time all said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of -the above numbered lots has been recorded, agreeing to change said covenants in whole or in part. 12. VIOLATIONS. In the event of a violation or breach of any of these Restrictions by any lot owner, or agent of such owner, the Company or owners of any other -property in KURE BY THE SEA ALL PHASES, or any of them jointly or severally shall have the right to proceed at law or equity to compel a compliance with the terms hereof or to prevent a violation or breach. In addition to the foregoing, the Company shall have the right, whenever there shall have been built on any lot any structure which is in violation of these restrictions to enter upon the lot on which said violation exists and summarily abate or remove the same at the expense of the owner, if thirty (30) days after written notice of such violation it shall not have been corrected by the owner. Any such entry and abatement for removal 1hall not be deemed a VvFZ \DW3\JOEDAVID\KUREDUNE.DEC APR 27 DLIQ BUNK A;jE PAGE S 14552 trespass. The failure to enforce any right, reservations, restrictions, or condition contained in these Restrictions, however, long continued, shall not be deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring prior or subsequent thereto and shall not bar or affect its enforcement. 13. DEDICATION TO PUBLIC USE. Nothing in these Restrictions, nor in the recording of any plat or deed pursuant hereto, shall dedicate (or be deemed to dedicate) to public use any of the streets, common lands or other grounds within KURE BY THE SEA. 14. No mail box or paper box or other receptacle of any kind for use in the delivery of mail or newspaper or magazines or similar material shall be erected or located on any building lot unless and until the.size, location., design and type of material for said box or receptacle shall have been approved by the Company. 15. Exterior radio and television aerials for reception of commercial broadcasts shall not be permitted in KURE BY THE SEA; and no other aerials (for example, without limitation, amateur short wave or ship to shore) shall be permitted in KURE BY THE SEA without permission of the Company as to design, appearance and location. 16. During construction all vehicles involved including those delivering supplies must enter the building lot on the driveway only as approved by the Company so as not to damage unnecessarily natural vegetation and dunes. During construction builder must keep the homes, garages, and building sites clean. All building debris, stumps, bushes, etc., must be removed from each building lot by builder as often as necessary to keep the w house and lot attractive. Such debris will not be dumped in any area of the Subdivision. 17. No property owner will do or permit to be done any act upon his property which may be or is or may become a nuisance to any other property owner or resident. There shall be no \DW3\JOEDAVID\KUREDUNE.DEC AP I $OUr• ;-AqE PAGE 9 14 5 discharging of firearms, guns or pistols, of any kind, caliber, type, or method of propulsion. 18. No personal sign of any character shall be displayed upon any part of the property without the Company's prior approval. The Company, however reserves the right to display its "for sale" or "for rent" signs without limitation for so long as it is involved in developing the KURE BY THE SEA Project. 19. No animals, birds, or fowl shall be kept or maintained on any part of the property except dogs, cats and pet birds, which may be kept thereon in reasonable numbers as pets for the pleasure and use of the occupants but not for any commercial use or purpose. 20. Clotheslines or drying yards shall be located as not to be visible from the street or common easement area serving the premises or from the waterfront. 21. No trailers or habitable motor vehicles of any nature, boats or canoes on or off trailers, may be parked on any part of the property unless inside an enclosed garage. These prohibitions also apply to the common easement area. 22. No individual water supply system shall be permitted except a non -potable lawn irrigation system not connected to any building. A shallow well may be permitted for such water supply. The pump, pressuretank, and pump house, if any, shall be considered structures. 23. Each and every covenant and restriction contained herein shall be considered to be an independent and separate covenant and agreement, and in the event any one or more of said covenants or restrictions shall, for any reason, be held to be invalid, or unenforceable, all remaining covenants and restrictions shall nevertheless remain in full force and effect. 24. The Company may include in any contract or deed hereafter made any additional covenants and restrictions that are not inconsistent with and which do not lower the standards of the covenants and restrictions set forth. herein. 25. If -the Company shall transfer or assign the development of such Subdivision or if it shall be succeeded by another in the ', r. \DW3\JOEDAVID\KUREDUNE.DEC "AG PAGE lei 145! 1 J 5 4 development of such Subdivision, then such transferee, assignee, or successor shall be vested with the several rights, powers, privileges, or authorities given said Company by any part or paragraph hereof. The foregoing provisions of this Paragraph shall be automatic, but the Compan};, may execute such instrument as it shall desire to evidence the vesting of the several rights, powers, privileges, and authorities in such transferee, assignee, or successor. 26. The covenants and restrictions herein shall be deemed to be covenants running with the land, If any person claiming under the Company shall violate or attempt to violate any of such restrictions or covenants, it shah'. be lawful for the Company, or any person or persons owning property in KURE BY THE SEA ALL PHASES, and damaged by said violation: (A) To prosecute proceedings at law for the recovery of damages against the person or persons so violating or attempting to violate any such covenant or restriction, or (B) to maintain a. proceeding in equity against the person or persons so violating or attempting to violate any such covenant or restriction for the purpose of preventing such violation, provided however, that the remedies in this Paragraph contained shall be construed as cumulative of all other remedies now or hereafter provided by law. Without limiting the foregoing provisions of this Paragraph, enforcement of these covenants and restrictions :may be by the KURE BY THE SEA PROPERTY OWNERS' ASSOCIATION, INC. 27. And the said Company hereby covenants and agrees that every contract of sale or deed MELd.e by the Company wherein is described any of the above residential lots of said land, to -wit: Lots 23 through 44, shall include or be subject to, by reference or otherwise, each and every covenant and restriction herein written, or the substance thereof, and, subject to the reservation herein, the Company shall conform urith and abide by the foregoing covenants as to all of said lots. IN WITNESS WHEREOF, the Declarant has caused this instrument �C R ..:. RECE��::�. APR 2 7 1992 \DW3\JOEDAVID\KUREDUNE.DEC Wilmington Rpoonai OffIoa I am t.. 15J to be signed in its name by its Partners, all on the day and year first hereinabove written. 0611r }.. .:;.. �x-ot(Asst. 4 'E SEAL) �. Secretary KURE THE SEA LIMITED PARTNERSHIP BY' THE SUSSEX EAST COMPANY, GeneraMW- Thomas .BY: D. W ight President °,�si�' NORTH CAROLINA, rNrrrnr„s, ''COUNTY OF EW HANOV $' 2 I, , a Notary Public in and for the unty of and St a North Carolina do hereby certify tha- IFt � p onally appeared before me this ay and acknowle ged that is (Asst.) Secretary of THE SUSSEX EAST COMPANY, a North Carolina corporation, GENERAL PARTNER OF KURE BY THE SEA, a North Carolina Limited Partnership, and that by authority duly given and as the act of the corporation, the foregoing instrument was duly signed in its name by its President, sealed with its corporate seal and attested by as its Secretary. WITNESS my hand and notarial seal, .this 1 S'L-L day of 1989. O. . NOTARY PUBLIC i:nn expires: w ! - Jl - cj o , RECEIV", Z) APR 2 7 1992 Mlmiw \DW3\JOEDAVID\KUREDUNE.DEC � �anal offeca Door. = ,r,E 1 451 1 356 JOINDER AND CONSENT OF TRUSTEES AND BENEFICIARIES/MORTGAGEES R. HOOKER THOMAS, III, Substitute Trustee, and PLANTERS NATIONAL BANK AND TRUST COMPANY, Mortgagee, a National banking Association, join in the execution of this Declaration of Covenants, Conditions and Restrictions for the sole purpose of subjecting, submitting and subordinating, and they, and each of them, do hereby subject, submit and subordinate any and all right, title and interest in the property known as Lots 23-44, KURE BY THE SEA, Phase I, and shown on a map of said property recorded in Map Book 29 at Page 151 of the New Hanover County Registry, that they have, or either of them has, or may have, by virtuee of that deed of trust recorded in Book 1358 at Page 171 of the New Hanover County Registry to said Declaration, and every provision thereof, and to the jurisdiction of KURE BY THE SEA OWNERS ASSOCIATION, INC. as the same may be amended from time to time. WITNESS 'WHEREOF, R. HOOKER THOMAS, III, SUBSTITUTE ,..has hereunto set his hand and seal, AND PLANTERS NATIONAL ft;TRUST COMPANY, N.A. has caused this JOINDER AND CONSENT ,died in its corporate name by its duly authorized officers �.,�porate seal to be hereunto affix d all by authority of '='Qf Directors all on this the �� day of MAY, 1989. Al 12�/�% (SEAL ) R. HOOKER THOMAS, III SUBSTITUTE TRUSTEE . PLANTERS NATION BANK & TRUST CO. G1 �� BY: Ice President ( CORPORATE SEAL)Si'J�/t7` STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. PERSONALLY APPEARED before me, "PAV i)o Ili. i�t�! L��S a Notary Public in and for the said ,County and State, , R. HOOKER THOMAS, III, SUBSTITUTE TRUSTEE, who acknowledged the due execution of the foregoing instrument for the uses and purposes expressed. . �r'yv��p�,.��{{�� N ESS m hand and notarial �, hi r � y seal = day of - 0 17YI . >s•" G ■�' NOTARY PUBLIC Yon expires: �— G �/ STATE OF NORTH CAROLINA, COUNTY OF NEW HANOVER. I, DAV(0 6 Plati'i.109 , a Notary Public in and for the State and County aforesaid, do hereby certify that MIC(W.1,, Cam. DOLL:VGL persoa peared before me this day and nal acknowledged that he is •Stiy of PLANTERS NATIONAL BANK AND TRUST COMPANY, a National Banking Corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by itsl&ti,n_i-President, sealed with its corporate seal and attested by its A%i. n .. .,sue. _.... my hand expires: dEalulm 7) - day of _t!961 - APR 27 Wilmington Regiv;; a; Dl:A 4 1