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Home My WebLink About20130427 Ver 1_Recorded Restrictive Covenants_20130911BK015435PG02512 WAKE COUNTY, NC 23 LAURA N RIDDICK REGISTER OF DEEDS PRESENTED 8 RECORDED ON 0911012013 AT 09:50:46 BOOK:015435 PAGE:02S12 - 02516 Instrument Prepared By: The Thompson Law Firm, PLLC Brief Description for Index: Lot 9 Stonehaven Mail After Recording To: The Thompson Law Firm, PLLC (Box 227) STATE OF NORTH CAROLINA COUNTY OF WAKE DECLARATION OF COMPLIANCE OF STREAM & BUFFER REGULATIONS FOR LOT 9, STONEHAVEN SUBDIVISION MAP BOOK 2006, PAGE 1647, WAKE COUNTY [TITLE 15A NCAC 213.02001 THIS DECLARATION OF COMPLIANCE OF STREAM & BUFFER REGULATIONS FOR LOT 9, STONE1 AVEN SUBDIVISION (the "Agreement ") is made this _th day of July, 2013, by HJ MORRIS CONSTRUCTION, INC., whose address is 1708 Trawick Road, Suite 209, Raleigh, North Carolina 27604, (hereinafter referred to as the "Declarant "). WITNESSETH WHEREAS, Declarant is the owner in fee simple of that certain property situated in Wake County, North Carolina and more particularly described as follows; BEING all of Lot 9, Stonehaven Subdivision as shown on that plat recorded in Book of Maps 2006, Page 1647, Wake County Registry. (hereinafter, the "Property ") WHEREAS, a portion of this lot has been determined to meet the requirements for designation as a stream and protected stream buffer; and WHEREAS, the Declarant desires to ensure continued compliance with all rules adopted by the State of North Carolina with respect to streams and protected stream buffers, as pursuant to Neuse Buffer Rules 15A NCAC 2B .0233 and as depicted on the attached Exhibit A entitled "Buffer Impact Area for Property of HJ Morris Construction, Inc." (hereinafter "Map ") and therefore BKO15435PGO2513 desires to grant the State of North Carolina enforcement rights; and WHEREAS, the covenants contained herein run with the land and bind all Parties and all persons claiming under them; and WHEREAS, this Declaration has been procured in accordance with Title 15A NCAC 2B .0200. NOW, THEREFORE, for a valuable consideration, including the benefits Grantors may derive therefrom, the receipt of which is hereby acknowledged, the Declarant hereby agrees as follows: 1. RECITALS. The foregoing recitals shall constitute an integral part of this Agreement, and this Agreement shall be incorporated herein and made a part hereof - 2. COVENANTS. a. A portion of this lot (as depicted or described on the attached Map) has been determined to meet the requirements for designation as a stream and protected stream buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this provision is to prevent additional stream or buffer filling, draining, creation of concentrated stormwater flow, or impacts to riparian buffer(s) (streamside) vegetation, so the property owner should not assume that a future application for filling, draining or riparian vegetation removal would be approved. The property owner shall report the name of the subdivision, copy of the variance and this covenant in any application pertaining to said rules. b. The stream and protected Neuse River Riparian Buffer exists on the property. Direct discharge of stormwater. runoff through the buffer to the stream is prohibited. Gutters, outlet dissipater pad, stream side plantings, and bio- retention area have been provided on the house and property to help ensure that such discharge does not occur. These matters should remain in place, be utilized and maintained on a regular basis_ The Division of Water Quality is to be notified in writing of any proposal to remove or modify the above stormwater control measures. This written notification is to be mailed to Division.of Water Quality, Raleigh Regional Offiice, 3800 Barrett Drive, Raleigh, NC 27609. C. This covenant is intended to ensure continued compliance with all rules adopted by the State of North C_ arolina and therefore the State of North Carolina may enforce benefits. d. This covenant is to run with the land and shall -be binding on all Parties and all persons claiming under them. 3. RESERVATION BY RECORD OWNER. The Declarant shall in all other BK015435PG02514 ' • 1 respects remain the owner of the Property, subject to the above restrictions, and may make all lawful uses of the Property not inconsistent therewith. 4. SUCCESSORS AND ASSIGNS. The Declarant shall include the Parties, heirs, assigns, and successors in interest. 5. AMENDMENT. No Amendment to this Declaration shall become effective until executed by the appropriate parties, approved by NCDENR and recorded in the office of the County Register of Deeds. 6. TERM. This Declaration shall continue as a servitude running in perpetuity with the Property. IN WITNESS WHEREOF, the Declarant has executed this Agreement and under seal as of the day and year first above written. H7 MORRI CO 'J. ION, INC. - Declarant By: ` Heni orris, President 1708 Trawick Road, Ste 209 Raleigh, NC 27604 Tele:(919)250 -6000 Wake County, North Carolina I certify that the following person(s) personally appeared before are this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Henry J. Morris, President Date: 7/23/0 ` ' ' ' ' • f s', Typed notary name, Notary �.'�OTA Official Seal ®� IAy commission expites: 1 18 BKO15435POO2515 qo - EXHIBIT A THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT w AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS a n o m PROPERTY OF EDWARD J. k JOYCE UNGEMACN PIN 0797 -08 -9728 B.M. 1988 -362 GARAGE F3 0 x Z [ e O 19 I � I 10 er K COVEREO PORCH o' 10.19' w. l 0 O' ry 5' 0 YAD[ \ 103 STEPS 1U COVERED PORCH \ \ in \ 1 1 10 PROPERTY OF PATRICK k ANGELA MCKINLEY PIN 0797 -18 -1931 B.M. 2006 PG. 1647 CAF iik �O��SIa SEAL ., { L -2601 "."10 e. .. �, soon � 27,,gN114U,'• i 24 g PROPERTY OF EDWARD BENJAMIN JR. k 5Do 'YEA MOLLY RROU E I7 T__ _ - - -- - - -- gFE - 371.1 SITE AREA P RER OPTH TY GREENS OF C 1 ® IMPACT AREA 7p AND NCDOT STANDARDS AND SPECIFICATION B.M. 2006 PG. 1647 ZONE 2 1,017 sq. ft. 10. _ - -- DATA 0.0234 acres PROPERTY OF DREAMY WAY ALVARO & TRACT CORIEZ ZONE 1 MCWITY YAP NO SCALE PIN 0797.08 -9982 471 sq. ft. FIELD B.Y. 2007 PG. 1616 0.0108 acres JD 45' PUBLIC R/ W BOOK 6 0 FIELD C0N6eLTM ENWomMM IJ • 100 YEAR FLOOD FRINGE TAKEN FROM 06310 CHAPEL HILL ROAD, SUITE 250 DRAINA EASEMENT 15' x 5' EASEMENT 2000E 5 P0. 2223 FAX: B.O.N. 2002 PG. 1990 IS BARED ON •CERTIFICATIONI NUMBERS: NCBELS (C- 0110); NCBLA (G0267) FOR DRIVEWAY / FLOOD STUDY BY BECKY WARD, PE (FS -516). LEESVILLE TOWNSHIP RALEIGH, N.C. 0.8. 1291 PG. C, -79 1791 WGR • t �pOS x, CDR w1,7 a�� p0� y / PROPERTY I I\ 11 SIECFRICD k JD ANN SC SCHLESINCER PIN 0797 -09 -9063 B.M. 2004 PG. 1026 / rn 0 � � I / m o I Z II rrsOrosEO DRIVE I o°. � � V N / ,, .... o � �• PROPERTY OF EDWARD J. k JOYCE UNGEMACN PIN 0797 -08 -9728 B.M. 1988 -362 GARAGE F3 0 x Z [ e O 19 I � I 10 er K COVEREO PORCH o' 10.19' w. l 0 O' ry 5' 0 YAD[ \ 103 STEPS 1U COVERED PORCH \ \ in \ 1 1 10 PROPERTY OF PATRICK k ANGELA MCKINLEY PIN 0797 -18 -1931 B.M. 2006 PG. 1647 CAF iik �O��SIa SEAL ., { L -2601 "."10 e. .. �, soon � 27,,gN114U,'• i 24 g PROPERTY OF EDWARD BENJAMIN JR. k 5Do 'YEA MOLLY RROU E T__ _ - - -- - - -- gFE - 371.1 LOT 9 / AREA P RER OPTH TY GREENS OF C 1 ® IMPACT AREA 7p AND NCDOT STANDARDS AND SPECIFICATION B.M. 2006 PG. 1647 ZONE 2 1,017 sq. ft. 10. _ - -- DATA 0.0234 acres PROPERTY OF IMPACT AREA LOT ADDRESS: 8103 DREAMY WAY ALVARO & TRACT CORIEZ ZONE 1 THERE ARE NO ENCROACHMENTS ON SAID LOT EXCEPT AS NOTED PIN 0797.08 -9982 471 sq. ft. FIELD B.Y. 2007 PG. 1616 0.0108 acres JD b BOOK 6 (BAB, O(�Ce FIELD C0N6eLTM ENWomMM PRIYA PRIVATE LOCATEp TOP OF 06310 CHAPEL HILL ROAD, SUITE 250 DRAINA EASEMENT DANK �� a' O 2000E 5 P0. 2223 FAX: •CERTIFICATIONI NUMBERS: NCBELS (C- 0110); NCBLA (G0267) m PROPERTY OF EDWARD J. k JOYCE UNGEMACN PIN 0797 -08 -9728 B.M. 1988 -362 GARAGE F3 0 x Z [ e O 19 I � I 10 er K COVEREO PORCH o' 10.19' w. l 0 O' ry 5' 0 YAD[ \ 103 STEPS 1U COVERED PORCH \ \ in \ 1 1 10 PROPERTY OF PATRICK k ANGELA MCKINLEY PIN 0797 -18 -1931 B.M. 2006 PG. 1647 CAF iik �O��SIa SEAL ., { L -2601 "."10 e. .. �, soon � 27,,gN114U,'• i 24 g PROPERTY OF EDWARD BENJAMIN JR. k MOLLY RROU PIN 0787-1 -1 8-07 B.M. 1988 -362 / � t LOT 9 / AREA P RER OPTH TY GREENS OF C 10,695 S.F PIN O PIN 0797 - 11 6.1712 0.2501 AC ALL CONSTRUCTION SHALL BE PER CITY OF RA.LZIGH PIN 0797 -18 -0963 / B.M. 1993 -1635 AND NCDOT STANDARDS AND SPECIFICATION B.M. 2006 PG. 1647 SCALE: 1" = 30, — _ - -- DATA 0 15 30 60 90 120 Book of Maps 2006 Vol _ Page 1647 Deed Book 15071 P 2543 County of WAKE LOT 9 STONEHAVEN SUBDIVISION LOT ADDRESS: 8103 DREAMY WAY 1 HEREBY CERTIFY THAT THIS MAP IS CORRECT AND THAT THE BUILDING FOU DAT HOLLY ON THE LOT AND THAT THERE ARE NO ENCROACHMENTS ON SAID LOT EXCEPT AS NOTED Surv'd. ralrn PM Chk'd. SW FIELD Date 02 -13 -13 Scela 1,. = 3Y BOOK (BAB, O(�Ce BUFFER IMPACT AREA C0N6eLTM ENWomMM FOR PROPERTY OF 06310 CHAPEL HILL ROAD, SUITE 250 RALEIGH, NORTH CAROLINA 27607 • TELEPHHONE): (91 N91851 -4422 OR (800)345 -1879 NJ MORRIS CONSTRUCTION, INC. FAX: •CERTIFICATIONI NUMBERS: NCBELS (C- 0110); NCBLA (G0267) LEESVILLE TOWNSHIP RALEIGH, N.C. R: 12006jobs 106425000106425LDD1dwg106425 LOT 9 Impact Exhibit.dwq, 21 1312013 12:40:31 PM. oat [07 � � t tttttt� l lttt� t t� [07��lt�iE!llt7� 1312013 12:40:31 PM. oat BK015435PG02516 BOOK:815435 PAGE:82512 - 82516 Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for rerecording. Wake County Register of Deeds Laura M. Riddick E-1 Register of Deeds This Customer Group This Document # of Time Stamps Needed New Time Stamp of Pages Z 22M4 -ansm