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Home My WebLink AboutSW6240701_Deed Restriction/Protective Covenant Form_20240716 BK 1534 PG 0191 FILED ELECTRONICALLY HOKE COUNTY NC ELAINE BRAYBOY REGISTER OF DEEDS FILED May 16, 2024 AT 10:27:48 AM BOOK 01534 START PAGE 0191 END PAGE 0195 INSTRUMENT # 03190 EXCISE TAX $0.00 NL Declaration of High Density Commercial Subdivision Deed Restrictions and Protective Convenants Prepared by: Player&McLean, LLP(without title examination or certification), 1019 Hay Street, Fayetteville, NC 28305 Return to: Player&McLean, LLP(without title examination or certification), 1019 Hay Street, Fayetteville, NC 28305 This Declaration of High Density Commercial Subdivision Deed Restrictions and Protective Covenants("Declaration") is made and entered into as of thisl5th day of May,2024, by Hoke Landing 3, LLC,a North Carolina limited liability company;Trina T. Riddle,a citizen and resident of Cumberland County, North Carolina; and Teri Henderson,Trustee of the Joseph P. Riddle, III Descendants Trust u/a/d December 12, 2012, a North Carolina Trust(collectively"Declarant". WITNESSETH: WHEREAS,in accordance with Title 15 NCAC 2H.1000 and S.L.2006-246,the Management Regulations, deed restrictions and protective covenants are required for High Density Commercial Subdivisions where lots will be subdivided and sold and runoff will be treated in an engineered stormwater control facility; and WHEREAS, deed restrictions and protective covenants are necessary to ensure that the development of such lots maintains a built-upon area consistent with the design criteria used to size the stormwater control facility; and WHEREAS, Hoke Landing 3, LLC is the owner of certain property in Hoke County, North Carolina, described as Lot 3B of the Subdivision known as"Hoke Landing Subdivision of Lots 2 and 3"as shown on a plat map of the same recorded in Plat Book 4131, Page 0004 of the Hoke County, North Carolina Public Registry(and previously described as Lot 3 of the Subdivision known as Submitted electronically by "Player McLean LLP" in compliance with North Carolina statutes governing recordable documents and the terms of the Memorandum of understanding with the office of the Register of Deeds of Hoke County. NCGS 47-14(a1)(5). BK 1534 PG 0192 "Hoke Landing Subdivision of Lot 3"as shown on the plat map recorded in Plat Book 4121, Page 001, Hoke County, North Carolina, Public Registry) ("Lot 3B";and WHEREAS,Trina T. Riddle,together with Teri Henderson,Trustee of the Joseph P. Riddle, III Descendants Trust u/a/d December 12,2012,are the owners of certain property in Hoke County, North Carolina,described as Lot 2A of the Subdivision known as"Hoke Landing Subdivision of Lots 2 and 3"as shown on a plat map of the same recorded in Plat Book 4131, Page 0004 of the Hoke County, North Carolina Public Registry("Lot 2A"); WHEREAS,Trina T. Riddle,together with Teri Henderson,Trustee of the Joseph P. Riddle, III Descendants Trust u/a/d December 12,2012,are the owners of certain property in Hoke County, North Carolina, described as Lot 3A of the Subdivision known as"Hoke Landing Subdivision of Lots 2 and 3"as shown on a plat map of the same recorded in Plat Book 4131, Page 0004 of the Hoke County, North Carolina Public Registry("Lot 3A"); WHEREAS, Lot 2A, Lot 3A and Lot 3B are hereinafter individually referred to as a"Lot",and collectively referred to as the"Lots",the"Land",the"Hoke Landing 3 project",and/or"Hoke Landing, Phase 2." NOW THEREFORE, Declarant hereby covenants and declares on behalf of themselves and their respective successors and assigns as follows: 1. The Declarant hereby acknowledges, affirms and agrees by the signatures below that Declarant will cause this Declaration, including the following deed restrictions and covenants,to be recorded prior to the sale of a Lot within the Hoke Landing 3 project. 2. The following covenants are intended to ensure ongoing compliance with the State Stormwater Management Permit Number SW6190901,as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 3. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the State Stormwater Management Permit Number • SW6190901. 4. These covenants are to run with the Land and be binding on all persons and parties claiming underthem. 5. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. 6. Alteration of the drainage as shown on the approved plan for State Stormwater Management Permit Number SW6190901 may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 7. The maximum built-upon area per Lot("BUA"), in square feet, is as listed below: BK 1534 PG 0193 Lot# BUA Lot 2A 31,190 sf Lot 3A 51,960 sf Lot 3B 32,436 sf This allotted BUA amount includes any built-upon area constructed within the Lot property boundaries,and that portion of the right-of-way between the front Lot line and the edge of the pavement. Built upon area includes, but is not limited to,structures,asphalt,concrete, gravel, brick,stone, slate,coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. 8. All runoff from the built-upon areas on the Lot must drain into the permitted system.This may be accomplished through a variety of means including roof drain gutters which drain into the street,or grading perimeter swales to collect the lot runoff, an directing them into a component of the stormwater collection system are not required to provide these additional measures. 9. The owner of each Lot,whose ownership is not retained by the permittee is required to submit a separate stormwater permit application to the Division of Energy, Mineral and Land Resources and receive a permit prior to construction. 10. The Hoke Landing 3 project and each Lot will maintain a 30**foot wide vegetated buffer between all impervious areas and surface waters. **50 foot for projects located in the 20 coastal counties. [SIGNATURES APPEAR ON THE FOLLOWING PAGE(S).1 BK 1534 PG 0194 • ` (SEAL) Trina T. Riddle ,1..sY-�tJ✓ (SEAL) Teri Henderson,Trustee of the Joseph P.Riddle III Descendants Trust u/a/d December 20,2012 • Hoke Landing 3,LLC rBq. `Z (SEAL) Name: I r:r\o�-T. 12:zNt E Title: Manager State of North Carolina-County of l,Wm 3,k(')C"ei � I L�ri z\ne. P, e J1 , a Notary of the above state and county,certify that the following person personally appeared before me on the ISM day of May, 2024 acknowledging to me that she signed the foregoing document, in the capacity represented and identified therein(if any):TRINA T. RIDDLE. Witness my hand and Notarial stamp or seal,this IS4kday of May, 2024. A1/4041,--* Notary Public tom urns,. Printed Name: eVICkr% A �..• ALS � ,�%.%'0 'INE4y ,/ ffix§WITARy °m My Commission Expires: E. pi 1BLIC c�' BK 1534 PG 0195 State of North Carolina-County of CUB `d(`" I, the undersigned Notary Public of the County and State aforesaid, certify that TERI HENDERSON, personally came before me this day and acknowledged she is the Trustee of the JOSEPH P. RIDDLE III DESCENDANTS TRUST U/A/D DECEMBER 20,2012,and that by authority duly given and as the act of such entity, she signed the foregoing instrument in its name on its behalf as its act and deed. • ��, Witness my hand and Notarial stamp or seal,this �Jday of May,2024. La..%j_voilazkr. r__ ,,,�oliiinrrq,. >N�otarry Public `,,`.G��\STINq'5.,,'•, Printed Name: C r,s ►C. A . f?j i, ? NO NIL ,0 m= "t; ..• Seal) p,I C My Commission Expires: u`l`{I zow.0 V�.`��` ��'',„ Cou C.,, ''lrrnlitoot State of North Carolina-County of Cu„NkQr I v\cl I, the undersigned Notary Public of the County and State aforesaid, certify that T%na, T. (z (iO3,1e personally came before me this day and acknowledged (s)he is the Manager of HOKE LANDING 3, LLC, and that by authority duly given and as the act of such entity,(s)he signed the foregoing instrument in its name on its behalf as its act and deed. •Witness my hand and Notarial stamp or seal,this l Cl day of May,2024. cLAL ASZAX--- Notary Public `````%.`��STINF.'',. C1 r%c K. • N.idas q,p Printed Name: �. ,, fl fi yQ r (Affi ,l) O m = My Commission Expires: I NI ab F. '°1574/0 co • ,,,'''. COUNr(?s