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HomeMy WebLinkAboutSW8890519_Current Permit_19920427I I tip RECORDE.9 A`i') VERIFIE0 �. REliECCA �' Ut;!:ER 14 I; OE` C 'QA STATE OF NORTH CAROLINA, APR I q 23 COUNTY OF NEW HANOVER. J DECLARATION OF RESTRICTIONS, CONDITIONS, EASEMENTS, COVENANTS, AGREEMENTS, LIENS AND CHARGES (OR RESTRICTIVE COVENANTS) KURE BY THE SEA THIS DECLARATION made this the 14th day of APRIL, 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 SEA hereinafter sometimes referred to as "map", which map or plat is recorded in Map Book r_Q9 at Page ISf in the Office of the Register of Deeds of New Hanover County, North Carolina, 4- said 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 14, Jr, 16, 19, 20 and 21. of :�f "Ture. By `bAe 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 RETURNED TO PAGE 2 i459 i. 761 parties having or acquiring any right, title above named lots or any part thereof. or interest i t %"*t ' .P A Vii.�o 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 14, 15, 16, 19, 20 and 21, 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 14, 15, 16, 19, 20 and 21 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, \DW3\JOEDAVID\KUREDUNE.DEC PAGE 3 specifications, exterior colors and finishes, including brick siding, etc., site and landscaping plans (showing the Kgposed location, height and orientation of such building or st� ure, drives, parking areas and proposed alterations to the grade, elevation or physical characteristics of the site), construction schedule shall have beeapproved i s1. ,��.!Lti -��� bl' Fhde Compn- Refusal of approval of any such plans, location orb specifications may be based by the Company upon any gr ds:V including purely aesthetic and environmental considerations, at* in the sole and uncontrolled discretion of the Company shall e� sufficient. Without the prior written consent of the Company, n m changes or deviations in or from such plans or specifications a approved shall be made. No alterations in the exterior appear.nce of any building or structure, or in the grade, elevation, or physical characteristics of any lot shall be made withwt4• 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. T t-.-tarn 30l.l. .fio-otagcc of any 1®t shall die 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 and like areas. The s (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, \DW3\JOEDAVID\KUREDUNE.DEC 4 J W ? PAGE 4 however, that the foregoing considerations are given maximum 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 than 14 feet above mean low water of the Atlantic Ocean or average dune height whichever is greater. (c) The exterior of all houses and other structures 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 ebew placed below the first living floor provided suitable screening is provided. Dv, (e) Each lot owner shall provide receptacles for garbage, in N a screened area not from the generally visible road, or provide underground receptacles or similar facility in accordance withi ,v tip 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 tr \DW3\JOEDAVID\KUREDUNE.DEC Mir PAG= PAGE 5 1 452 1 7 thereon. In addition, no residence shall be converted to or marketed under a time-share plan as defined by the General Statutes of North Carolina. (g) gf the 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) A11of 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 �• i : 0 within a screened area, or buried underground; provided, however, 0 J� that nothing contained herein shall prevent the Company from 0 R erecting, placing or permitting the placing of tanks, or other R 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. \DW3\JOEDAVID\KUREDUNE.DEC PAGE 6 7. ENTRY. The Company reserves for itself, 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. B. 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 DO utilities on, in or over the rear ten (10) feet of each lot a ep 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 \DW3\JOEDAVID\KUREDUNE.DEC 475 PAGE 7 (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 may, at his or her option, become a member of the Kure By the Sea Owners Association if and when such an Association is formed, and if the purchaser joins the Association he or she agrees to abide by, and be subject to, the charter and by-laws of the Association and these Restrictions. 11. C i'JErT.t NTS WIN WITS'_ THE L,Mr A1.1 co-✓Enant.3, 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, D F which time all said covenants shall be automatically extended for m N successive periods of ten (10) years, unless an instrument signed�0 by a majority of the then owners of the above numbered lots has P been recorded, agreeing to change said covenants in whole or in 4,.. W . T part. 12. .4r*":I:T _°:Gi3:3. In the event of a violation or breach of any of these Restrictions by ary :act 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 . �.r<::eec' at �}.°�� or u.i.}�,: .ca cc=ira ey. a comp' .ante wj; terms hereof or t rent a violation 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. \DW3\JOEDAVID\KUREDUNE.DEC B0111 y 7 M 4 1452 1 476 PAGE 8 Any such entry and abatement for removal shall not be deemed a 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 a commercial broadcasts shall not be permitted in KURE BY THE SEA; a � s � and no other aerials (for example, without limitation, amateu�; N 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 \DW3\JOEDAVID\KUREDUNE.DEC ,.r PAGE 9 l4r� J r 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. o The pump, pressure tank, and pump house, if any, shall be m rah z gm 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 \DW3\JOEDAVID\KUREDUNE.DEC BMA - P�A,E 1452 14?8 PAGE 10 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. restrictions herein shall be decried to be covana"nf�sMnninq 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 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 foregoin o N provisions of this Paragraph, enforcement of these covenants and !V 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, 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, i,6�-� IN WITNESS WHEREOF, the Declarant has caused this instrument \DW3\JOEDAVID\KUREDUNE.DEC Iet52e i4IS. to be signed in its name by its Partners, all on the day and year .first hereinabove written. LP t- • f Asst . cretary �►'�:'i CUR Q�Pt,F,V- E SEAL) °1Ca' fE•-OF NORTH CAROLINA, COUNTY OF NEW HANOVEA. for the County of 'e . A hereby 'certify tliat KURE THE SEA LIMITED PARTNERSHIP BY: THE SUSSEX EAST COMPANY, General pa ner BY: \�-WZAA- ThomasWright President , a tary Public in and and State f N h Carolina do personally appeared before me this day and acknowledge 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 elPresident, sealed with its corporate seal and attested by as its Secretary. ESS my hand and n tarial seal, his 3 day of 1989. TARY PU LIC L'ss on expires: '7. •{/u RECEIVED APR 2 7 199Z Wilmington �0na! Mcs \DW3\JOEDAVID\KUREDUNE.DEC i " 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 KURE BY THE SEA and shown on a map of said property recorded in Map Book at Page 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. IN WITNESS WHEREOF, R. HOOKER THOMAS, III, SUBSTITUTE TRUSTEE, has hereunto set his hand and seal, AND PLANTERS NATIONAL BANK AND TRUST COMPANY, N.A. has caused this JOINDER AND CONSENT to be signed in its corporate name by its duly authorized officers and its corporate seal to be hereunto affixed all by authority of its Board.of..Directors all on this the iy day of APRIL, 1989. SEAL R. HOOKER THOMAS, III =;,•':.�': �`!-�'�1'� ;�`•,, SUBSTITUTE TRUSTEE ACY,.': PLANTERS NATIONAL BANK & TRUST CO. .. , ..1f /J. • !, �1 2 t Presiden `L (O, RP, 6 E SEAL)4 yAfker Pi�.CAROLINA, ' COtjNT`ir;(AF�:`.''NI�,W`•�.�HANQVER ,. } ''01.l��l1�'•�.',, e'y'.'�,' .:._ ..1N:•ltari ,•cC.'e..';�':•"~: PERSONALLY 'APPEARED before me f QY 9, , �T;:.Z•1 e;.�'ey a NotaryPublic in and for the said C �� County and State,' THOMAS, III, SUBSTITUTE TRUSTEE, who acknowledged; t1fi•dual;, r execution of of the foregoing instrument for the uses and= therein expressed. ' t='= `'::•ti --i WITNESS my hand and notarial seal, t is a X APRIL, 1989. R „fIf/9!1_ylNl NOSY TUMAC M commission s ' l;Y CO!•A?AI5SI0?1 EXPIRES OCT.16,1.990 { y ion expire ( SEAL) APR 2 rl WK., STATE OF NORTH CAROLINA, 14knIROon Regional offics COUNTY OF NEW HANOVE//R. ��'' I. J P��.e�� Af J�MMS , a Notary Pubic in and for the State and County aforesaid, do hereby certify that personally,_ appeared before me this day and acknowledged that he of PLANTERS NATIONAL BANK AND TRUST COMPANY, a National Banking Corporation, and that b authorityduly "' y given and as the .act of the corporation..,,'* foregoing instrument was signed in its name by its SR. sealed with its corporate seal and attested by s��•tir,str�r';� WITNESS my hand and notarial seal, th s /__di��J nQ APRIL, 1989. NOTAR BLI My commission expireM1:COA%j!SSIO,JEXPIRES OCT. 161P90 (SEAL) 1 4L I „�•:uuurr,��,: STATE OF NORTH CAROLINA New Hanover County Foregg ng rtat of ✓lrr,t Cin�(l ,(No ies),Fublic /are to be correct,ce„tified This the d y of ��� 19 F b cca Tuc r, Re is / 1 r of Deeds r Deputy Meet i RECEIVED APR 2 7 1992 h WHmington Regional Office k