HomeMy WebLinkAbout20130570 Ver 1_Draft Protective Covenant_20140219PROTECTIVE COVENANTS FOR THE PROPERTY AT
8909 OXBRIDGE CT, RALEIGH, NC
The undersigned, , being the OWNER of all that certain land and
property lying and being situated in the City of County,
, consisting of Lot , in the subdivision of according
to a map or plat thereof on file and of record in the office of the Clerk of
County, and being desirous of imposing certain protection for itself and all future
owners and purchasers of the property, does hereby covenant and agree with reference to said
lot, and fi ture owners of said lot, that for a period of ten (10) years from the date of this
instrument the following protective covenants and restrictions shall apply and be legally
enforceable to the above mentioned lot, to -wit:
1. On the above named property is an unnamed tributary to Hare Snipe Creek and a
protected Neuse River riparian buffer.
2. New direct discharges of stormwater runoff through the buffer to the stream are
prohibited.
3. The Owner and all successors -in- interest are prohibited from filling, draining, or creating
impacts to the existing riparian buffer vegetation and /or altering the rain gutters and bio- retention
area without approval, except where alteration of the gutters does not change the flow of water
and is for the purposes of gutter and /or home maintenance. All existing use applications are
exempt from this limitation per the Neuse River Riparian Area Protection Rule (15A NCAC 2B
.0233 (3)(b)(i) ).
4. The Site is required to have rain gutters and a bio- retention area and these shall remain in
place and be used and maintained on a regular basis.
5. The Division of Water Resources (or its successors -in- interest) shall be given written
notification of any proposal to remove or modify the Stormwater Management Plan.
6. These covenants shall run with the land and shall be binding upon all parties and all
persons claiming under them for a period of ten (10) years from the date of this instrument, at
which time the covenants shall be automatically extended thereafter for successive ten (10) year
periods unless written approval from the Division of Water Resources (or its successors -in-
interest) to remove the covenants is obtained. These covenants shall become null, void, and of
no fi rther effect if at any time the Neuse River Riparian Area Rule (15A NCAC 2B .0233) is
repealed, modified, or altered, removing the requirements on the above mentioned lot, or if a
new Rule, Law, or Statue is ever passed, or signed into law, removing the requirements on the
above mentioned lot.
IN WITNESS THEREOF, , has executed the above and foregoing instrument
of Protective Covenants, this the day of 120
IC
STATE OF
COUNTY OF
PERSONALLY appeared before me, the undersigned authority in and for the jurisdiction
aforesaid, on this the day of , 20 within my jurisdiction, the within
named , who acknowledged that he is and that in said
representative capacity he executed and delivered the above and foregoing instrument, as said
Trust's own act and deed, after first having been duly authorized to do so.
GIVEN UNDER my hand and Official Seal of Office this the day of 120
NOTARY PUBLIC
My Commission Expires: