SW1140701_Recorded Documents_20140806

Prepared by and Return To. Chad Domerhoo, Campbell Shelley, PLLC, 674 Mammon Ave,
Suite 210, Ashville, NC 28804
STATE OF NORTH CAROLINA
DECLARATION OF
COUNTY OF BUNCOMBE RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made as
ofthe date sal forth in the notary acknowledge below, by THE BUNCOMBE COUNTY BOARD
OF EDUCATION, a body politic and corporates Declarant").
W ITNESSETH:
WHEREAS, Declarant owns in fee simple certain real property more particularly
described in Deed Book 4453 Page 1258 at the Office of the Register of Deeds for Buncombe
County, North Carolina ("Property");
WHEREAS, the Declarant constructed tennis courts on a portion ofthe Property,
WHEREAS, the Declarant was required, pursuant to rules promulgated by the North
Carolina Department of Environment and Natural Resources ("NCDENR"), to comsnua and
maintain a Stomtwater BMP/Bio-Retention Area ("Area") on the Property;
WHEREAS, the Area is more particularly described in Plat Book 181 Page 89 at the Office
ofthe Register of Deeds for Buncombe County, North Carolina;
WHEREAS, the Declarant desires to make this Declaration for the purpose of eomplying
with NCDENR rules and preserving the Area in the event Declarant ever sells the Property, and
WHEREAS, the execution ofthis Declaration was duly approved at an officially called
public meeting on the 16 i day of Apnl, 2015.
NOW, THEREFORE, in consideration ofgood and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, Declaram, subject to the terms, covenants and
conditions of this Declaration, hereby restrict the use ofthe Property as set forth herein.
1. MAINTENANCE OF AREA. As long astevnlscourtsorany other structures are
in place such that the Area must exist, as required by NCDENR rules regulations, Declarant and
any and all future owners of the Property will maintain the Area in accordance with NCDENR
standards and regulations.
2. PERMISSIVE ACCESS BY NCDENR As long as the Area is required and is
in existence, Declarant, and any and all future owners of the Property, hereby giant permissive
access to NCDENR to access the Area and, should it be necessary, maintain the Area in accordance
with NCDENR standards and regulations.
(CS: 00027229. DOCX)

3. DURATION. This Deelaration and the covenant and restrictions imposed herein
shall be binding upon and insure to the bereft of Declarant, its successors and assigns, and shall
continue as a servitude unudng in perpetuity with the Property.
IN TESTIMONY WHEREOF, the Declarant has caused this instrument 10 be executed
in its name by ANT' B. FRANKLIN, Chair, attested by TONY BALDWIN, Superintendent and
Secretary to the Board of Education, as ofthe date set forth in the notary acknowledgment below.
BUNCOMBECOUNTY
BOARD OF EDUCATION
By
Ann B. Franklin, Madam Chair
ATTEST.
Dr. Tony Baldwin
Secretary to the Board of Education -
STATE OF NORTH CAROLINA '
COUNTY OF BUNCOMBE
I, a Notary Public of the County and State aforesaid, certify that Tony Baldwin (the
"Signatory') personally came before me this day and acknowledged that he is the Secretary ofthe
Buncombe County Board of Education (the "Board of Fitucation") and that by authority duly given
and as the act ofsaid Board of Education, the foregoing instrument was signed in its name by the
Chairperson of said Board of Education and attested by him/her as Secretary of said Board of
Education.
1 certify that the Signatory personally appeared before me this day, and I have personal
knowledge of the identity ofthe Signatory.
The Signatory acknowledged to me that he voluntarily signed the foregoing document for
the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp orsea], this the loss day of April, 2015.
Not/a�ry�Public
&Qns±4ne,s- L Sac ron
i
Print
My Commission Expnes:J-0)'CA a0, P,090
T [NOTARY SEAL] (MUST BE FULLY LEGIBLE)
(CS. 00027229 DOCX)

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Prepared by and Return To: Chad Donnahoo, Campbell Shatley, PLLC, 674 Merrimon Ave,
Suite 210, Ashville, NC 28804
STATE OF NORTH CAROLINA
DECLARATION OF
COUNTY OF BUNCOMBE RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made
as of the date set forth in the notary acknowledge below, by THE BUNCOMBE COUNTY
BOARD OF EDUCATION, a body politic and corporate ("Declarant").
WITNESSETH:
WHEREAS, Declarant owns in fee simple certain real property more particularly
described in Deed Book 4453 Page 1258 at the Office of the Register of Deeds for Buncombe
County, North Carolina ("Property");
WHEREAS, the Declarant constructed tennis courts on a portion of the Property;
WHEREAS, the Declarant was required, pursuant to rules promulgated by the North
Carolina Department of Environment and Natural Resources ("NCDENR"), to construct and
maintain a Stormwater BMP/Bio-Retention Area ("Area") on the Property;
WHEREAS, the Area is more particularly described in Plat Book 181 Page 89 at the
Office of the Register of Deeds for Buncombe County, North Carolina;
WHEREAS, the Declarant desires to make this Declaration for the purpose of complying
with NCDENR rules and preserving the Area in the event Declarant ever sells the Property; and
WHEREAS, the execution of this Declaration was duly approved at an officially called
public meeting on the 161h day of April, 2015.
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, Declarant, subject to the terms, covenants and
conditions of this Declaration, hereby restrict the use of the Property as set forth herein.
I. MAINTENANCE OF AREA. As long as tennis courts or any other structures
are in.place such that the Area must exist, as required by NCDENR rules regulations, Declarant
and any and all future owners of the Property will maintain the Area in accordance with
NCDENR standards and regulations.
2. PERMISSIVE ACCESS BY NCDENR. As long as the Area is required and is
in existence, Declarant, and any and all future owners of the Property, hereby grant permissive
access to NCDENR to access the Area and, should it be necessary, maintain the Area in
accordance with NCDENR standards and regulations.
{CS: 00027229.DOCX}

3. DURATION. This Declaration and the covenant and restrictions imposed herein
shall be binding upon and insure to the benefit of Declarant, its successors and assigns, and shall
continue as a servitude running in perpetuity with the Property.
IN TESTIMONY WHEREOF, the Declarant has caused this instrument to be
executed in its name by ANN B. FRANKLIN, Chair, attested by TONY BALDWIN,
Superintendent and Secretary to the Board of Education, as of the date set forth in the notary
acknowledgment below.
BUNCOMBE COUNTY
BOARD OF EDUCATION
Ann B. Franklin, Madam Chair
ATTEST:
Dr. Tony Baldwin
Secretary to the Board of Education
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
I, a Notary Public of the County and State aforesaid, certify that Tony Baldwin (the
"Signatory") personally came before me this day and acknowledged that he is the Secretary of
the Buncombe County Board of Education (the "Board of Education") and that by authority duly
given and as the act of said Board of Education, the foregoing instrument was signed in its name
by the Chairperson of said Board of Education and attested by him/her as Secretary of said Board
of Education.
I certify that the Signatory personally appeared before me this day, and I have personal
knowledge of the identity of the Signatory.
The Signatory acknowledged to me that he voluntarily signed the foregoing document for
the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal, this the 16"' day of April. 2015.
Notary Public
Print
My Commission Expires:
`11 [NOTARY SEAL] -(MUST BE FULLY -LEGIBLE)
{CS: 00027229.DOCX}

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