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HomeMy WebLinkAboutSW4240801_Deed Restriction/Protective Covenant Form_20241105 Beau's View— Payne's Court Low Density Residential Subdivisions Deed Restrictions & Protective Covenants in accordance with Title 15 NCAC 2H.1000 and S.L. 2006-246, the Stormwater Management Regulations, deed restrictions and protective covenants are required for Low Density Residential Subdivisions where lots will be subdivided and sold. Deed restrictions and protective covenants are necessary to ensure that the development maintains a "built-upon"area consistent with the applicable regulation governing the density level. i, Bang Poole,acknowledge and affirm by my signature below, that I will cause the following deed restrictions and protective covenants to be recorded for Beau's View—Payne's Court prior to the sale of any lot. (The lots have already been sold and a recorded HOA is in place. The following is a summary of how each of these items were handled): 1. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number r,LUt-C-1- 0 -C as issued by the Division of Energy, Mineral and Land Resources under the Stormwater Management Regulations. 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the stormwater management permit. The first page of the HOA Covenants has the seal of the document being recorded with the Register of Deeds. In the documents it is written that the development will be in conformance with the Laws of the State—which includes the Division of Energy, Mineral, and Land Resources. 3. These covenants are to run with the land and be binding on all persons and parties claiming under them. By them being recorded with the Register of Deeds—then they are binding. 4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. There are no plans to revise the HOA covenants and any attempt to revise the covenants to exclude compliance with the State would be against its function and not enforceable. 5. Alteration of the drainage as shown on the approved plan may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. Ally changes would have to be resubmitted to the regional DEQ office for review. There are no plans for any changes. 6. The maximum allowable built-upon area per lot is square feet(see response below). This allotted 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, and coquina, but does not include raised, open wood decking, or the water surface of swimming pools. The cottages are restricted to a maximum of 1700 sf. That restriction comes from the Architectural Review Committee section of the recorded HOA Covenants. A copy of that restriction is included in this document and listed in the Table of Contents. All of the RV pads have been constructed with their areas included in these tabulations. All but three cottages have been constructed with those built included in these calculations. Those three lots without cottages are restricted to the 1700 sf. maximum size limit. if all three lots were to build the maximum size cottage (at 1700sf), the overall impervious percentage would still be less than 12%. 7. in the case of a lot within CAMA's regulated AEC, where the Division of Coastal Management calculates a different maximum allowable built-upon area for that lot than is shown herein, the governing maximum built-upon area for that lot shall be the most restrictive of the two. N/A 8. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings is strictly prohibited by any persons. The site has been completed without any filling-in or piping of vegetative conveyances. The entrance road and devetopment are constructed along a ridge with the RV pads and cottages off to either side. The RV pads and cottages are near the same elevation as the road_ The stormwater drains directly down the hill through downspouts and by disbursement to the drainage conveyance swales at the bottom of the ridge, As such at the bottom of the ridge, the existing conveyances were left undisturbed and natural. 9. Each lot will maintain a 30'foot wide vegetated buffer between all impervious areas and surface waters. The surface ►eaters are shown in plan with dimensions to the surface waters and the natural conveyances. The 30'min. vegetated buffer has been exceeded to the surface waters. is All roof drains shall terminate at least 30'foot from the mean high-water mark of surface waters. The 30'distance from roof drains to surface waters is exceeded. *50 foot for projects located in the 20 coastal counties. N/A Signature::�'atl.5 t Pl.c� � Date:_g NOTARY UI R NT: 1, a Notary Public in the State of n ij-1i La-, County of ! 'w ____, do hereby certify that (,�X Yl,l 1' � personally appeared before me this the r-A, day of +- 20 , and acknowledge the due execution of the foregoing instrument.Witness my hand and official seal, '14 a2L= Eiwab I A SEAL '8igilloature My Commission expires oak WARps' Q�:' c10TAi7�.'• O�ChAN f•GpV��aP. err/ry'C'RO`` Form DRPC-5 Rev.2 05Nov2009 Page 1 of 1 AREA BY COORDINATE GEOMETRY NOTE: PROPERTY SUBJECT TO ALL RIGHT OF WAYS AND EASEMENTS OF RECORD. OLDS BEAU CENERAL PARTNERSHIP 82. ro �A�rA DB. 149, PG. 802 o,�Ay 85• s6�o , '41'S 401.88 � � v ' N I Final 11at hereby certify that the subdivision plat N 6/ ��- BEAUS VIEW AT fIITCHELL CORCE shown hereon has been found to comply with 316' 0 18�91 17 LOTS the Land Subdivision Ordinance of Alleghany 0 f.Of ACRES 16.49 Acres County, North Caroling subject to any 5.35 Acres Easement & Common Area LOT a variances noted in the minutes of the board f.35 AC 20 RES �� - 21.84 Acres Total of Commissioners _ w t` Date eview 0 'cer �� OLDS BEAU GENERAL PARTNERSHIP q ffi DB. 149, PG. 802 OAIRIN6 SEPTICj 6° �� c,�,•t W-( E U.S. MW 14 AREA LOT 21 , dam- s U 0.79 CRES 3 89, Q TO SKIN s A" 76 NEWCO HOLDINGS,LLC VICINITY SKETCH `'� 5,1 g`I 58,3g'�° � 03 M 420, PC. 1338 x �� LOT 122 0.70 ACRES 5-s4 Ci r 8 91 8,138 N 1, John M. Myers, certify that this plat was Z� 46 g�,5� 2 u+� I, doff if. AIYL'RS, CERTIFY THAT THIS ZAP IIAS drown under my supervision from an actual survey '12 5� crw DRAWN UNDER !fY SUPERPISION FR0,V AN ACTUAL made under my supervision from recorded w EASEMENT & COMMON AREA LOT 23 a�� CPS SURVEY AGDE UNDER kT SUPERMKSION AND THE descriptions as shown on the face of this plat; FOLLOWING INFORA(ATION WAS USED TO PERFORM THE that the boundaries not surveyed are shown b 0.89 A RES 681 SURVEY broken lines drawn from information as shown g8 3 79 ' CLASS OF$ SURVEY: CLASS A�g on the face of this plat; that the ratio of 1 1 � POSITIONAL ACCURACY: 0.10' SFT r recision as calculated is 1:p _ tD,00D 8 • •1 w ''� TYPE OF CPS FIELD PROCEDURE NC GLASS RTIC -- --' 5g w 9 that this plat was prepared in accordance with It LOT 24 � DAMN!/EPOCH: NAD 83 (2011 ADJUSTMENT) P P P Z� 0.75 AZRE'S 31 DATE OF SURVEY: 2128122 G.S. 47-30 as amended. Witness my original FILED Oct 10, 2022 08:56:22 am SEPTIC 59g g5 PUBLISHEDIRXED-CONTROL USED: NC GLASS RTN signature, registration, and seal this _25th day BOOK 0001Z ALLEGHANY COUNTY NC AREA o 1,15'8 3g2 GE01D MODEL: GEOIDI8 of _ 1u - 2022. MIRANDA H. ROUPE Ok 5�1 o COMBINED GRID FACTOR 0.99990832 PAGE 0325 REGISTER OF DEEDS g3 0.82 ACRES 1 UNITS: U.S. SURVEY FEET -- -� o L=3618 _ LOT 25 INST# 02401 405 19�� Joh Mye �o °tiy tratlon number & g a Course Bearing Distance •00'26'� 80"31 9096 11 LOT 26 �No. 361 L1 N 46'57'01 W 71 .19' S 7-9. 0.90 ACRES �� o'fy�SUIZo�4 L2 N 50'52'30 W 81 .06' L3 N 55'27'35 W 58.61 ' C .$ 4�32939 L3A N 25'17'12' W 46.65' 6 .2.31 `ram OLDS BEAU GOLF COUNTRY CLUB LIMITED PARTNERSHIP NOTES.- L4 N 21 '14'00' W 100.70' LOT 119 w 9� � E3.B3, DB. 392, PC f282 L5 N 26'33 42 W 88.38 o LOT ,27 Jr 1.46 ACRES f. This Plato Land shoran hereon does " grit in L6 N 27'30 18 W 85.55 0.95 ORES 66' , ,,, an area designated by the State of North Carolina as L7 N 29'45'05 W 95.01 �'� ,$ 44150 17 High Quality !Pater (HQA� or Outstanding Resource L8 N 33'04'23 W 83.52 9 28 3 !Paters (ORW). L9 N 30'12 1 1 W 95.98 , g29 62�1 L10 N 21 '14 23 W 89. 11 41 cr 11 2. This plat of Land shown hereon does not lie writhin a L11 N 26'26 23 W 72.35 o Flood Hazard Area as determined by the Federal Emergency L12 S 33'05 01 E 83.38 LOT 128 I15�i 't`� o°' Management Agency. L13 S 29'44 34 E 94.77 z 60'34 "' D.88 CRES�� 363 + 3 This Plat of Land shown hereon does not lie within L14 S 27'27 45 E 83.34 S a9, 8,3g� A a Protected Mountain Ridge as identified by map L15 S 26'32 59 E 86.52' � LOT I f8 g0. 11 5 29 entitled `Identification of Protected Mountain ridges in L16 S 22'13 22 E 52.85 0.97 ACRES a ay e the County of Alleghany". L 18 S 19'46 02 E 4 9.0 4. This plat of land shown herein does not lie within L18 S 01 '07 12 E 109.09 � LOT 29 '3 +� L 19 S 00't 5 t t W 88.07 `� # ca the Alleghany County A'atemipply Iratershed Management �' � LOT 30 L20 S 18'42 03 W 79.17 BEAU'S VIEW Nd'-�� ?, .v6P. � 0 76 RE�51� 0.83 ACRES' "� a- and Protection Ordinance as adopted December f, 1997. L21 N 21 '26 11 E 136.47 -" - 223 per' 3h5 5 y L22 N 00'15 1 1 E 91 .19 PB. 12, PC 159 �--, 29A1( 2 38�'�� g 3g5 �3 r L23 S 57'56'42 E 72.05' 68.28 v 9 / . L24 S 48'20'32 E 57.42' r' N��6`� IAT 31 164'> -Z L25 S 35'17.18' E 111 .75' 5 L26 N 49'46'44' E 26.86' > ��� a76 ACRES Bate Review Officer m 9 0 L27 N 49'46'44' E 26.86' .� 13 0 L28 N 37'27'31 ' W 108.24' j LOT 1 f7 4 66 f.40 ACRES `- 16 Qp•8 32 2go et' Curve Radius Tangent I Length Delta Degree Chord Chord Bear. m Cf �, STATE OF NORTH CAROLINA C1 19.15 38.15' 42.35 126'40 53 299'09 48 34.23 N 83-11 14 E �P COUNTY OF ALLECHANY LOT 132 AA., / f.06 ACRES �k° 1, %/�AA. , Review Officer of Allegheny o� ,�0 �'� County, certify that the map or plat to which this � � certification is affixed meets all statutory requirements �s o for recording. ;rj may tk Review Officer accurate title search. The above described property could be subject to such so LOT A CRES ti `�z� 95�� s oLDE BEAU GOLF DC 3NZR PG. U28 1. LWITED PARTNERSHIP facts as would have been revealed by such a title search. BEAU'S VIEW `� , K 0 �. Date PB. 12, X. 159 2x`26 54 REV= 10�r/2022 N 6 456 ¢g�,tAb LOTS 20 &21 AND ROAD CHANGED ,Y g .k �p 66 9 BOUNDARY SURVEY FOR TOWNSHIP COUNTY 12 325o��'�� , f22.79' $1121 BEW S VIEW AT AIITCHELL CORGE CHERRY L,4NE ALLECHANY fig. S 757 PROPERTY OF SCALE STATE DATE BE,4U'S VIEW LEGEND A0F CO LLC f"= 100' NC 812512022 PB. 12, PG. 159 EXISTING CORNER -*- JOB NO. BLUE RIDGE SURVEYING -0--IRON SET 100 0 100 200 300 COMPUTED POINT -0-- 22-098 RIGHT-OF-WAY -R/W- SOUTH MAIN STREET F-0405 WATER METERS SPARTA, NC 28675 PHONE: 336 372-8635 GRAPHIC SCALE - FEET WATER VALVE �r ( ) tieai�'ti i ♦�i eK� 2V-0" LOT NO. CV BASEMENT FRAMING s 1 i R q v FLOOR PLAN 1772 SQFT 0 w a J � J w 7 > W_ z D rn La a p m U as'-a" 04 BK:0O422 PG:O449 The Association's indemnity of any person who is or was a director,officer,employee or agent of the Association,or is or was serving at the request of the Association as a director,officer,employee or agent of another corporation,partnership,joint venture,trust or other enterprise,shall be reduced by any amounts such person may collect as indemnification(i)under any policy of insurance purchased and maintained on his behalf by the Association or(ii)from such other corporation,partnership,joint venture,trust or other enterprise. Nothing contained in this Article IX,or in the Bylaws,shall operate to indemnify any director or officer if such indemnification is for any reason contrary to any applicable state or federal law. ARTICLE X ARCHITECTURAL CONTROL The Architectural Control for the of Village of Beau's View at Olde Beau Homeowners Association,Inc., are defined and enforced subject to the recorded Declaration of Covenants,Restrictions and Conditions for Olde Beau,recorded on June 17, 1992 in Deed Book 155,Page 501 of the Alleghany County Registry,which was thereafter amended and supplemented via recordings in the Alleghany County Registry,including in Book 189,Page 686;Book 190,Page 82;Book 201,Page 360;Book 210,Page 965;Book 229,Page 176;Book 297,Page 1574; Book 379,Page 1404;Book 379,Page 1406;Book 381,Page 530;Book 381,Page 547;Book 390,Page 1295 and all future amendment(s)to the Olde Beau Declaration. The additional Architectural Controls outlined below are enforceable within the Village of Beau's View at Olde Beau Luxury Motorcoach Resort in addition to the recorded Declaration of Covenants,Restrictions and Conditions for Olde Beau outlined above.Aqua shall be exempt from all Architectural Requirements under this Declaration. Section 1. Lot Pads (a) Irrigation—No irrigation is allowed per Aqua's Water Utility System. (b) Mulch-Mulch used in landscape beds installed with a Lot Pad and or Coach House shall be defined as materials that are of natural products. Declarant and or/Developer reserves the right to define an inappropriate material. (c) Lot Pads—Concrete Pads shall be broom finished concrete consistent throughout the entire community using the tinted concrete color if approved by the Declarant and/or Developer. (d) Lot Pad Screening Requirements' Trash Containers and above ground propane bottles are to be kept screened from view of the street,golf course and neighbors with evergreen landscaping. Section 2. Coach Houses (a) Coach House Size—A Coach House shalt not be smaller than approximately one thousand square feet under roof in which a minimum of seven hundred fifty square feet(750 sq. ft.)is conditioned(heated and/or air conditioned)space.A Coach House can be no more than one thousand seven hundred square feet(1700 sq.ft.)but shall contain the other mandatory requirements.Coach Houses can be built on a raised slab,crawlspace and or basement foundation and must be single level above basement or foundation level., (b) Exposed Foundation-Exposed foundations walls are to be parged to conceal the exposed block. Exposed foundation heights greater than 16"will require the foundation plantings to be increased in size to minimize the foundations exposure. , (c) Design Concept-Exterior Design of the Coach House will be consistent through the Village of 3 Beau's View as determined by the Declarant and/or Developer. i 17 I 4 VILLAGE OF BEAU'S VIEW AT OLDE Parcel ID: 4917265827 BEAU HOMEOWNERS ASSOCIATION INC Account:83865 PO BOX 41 Reval Year: 2021 Tax Year: 2025 NB:605 RV PARK @ OLDE BEAU CARD NO. 1 of 1 DEED INFORMATION COMMON AREA TWP:CHERRY LANE DEED DATE:2/2024 Appraised By TAD on 10/26/2021 ROARING GAP NC 28668 ProDertv Location: MITCHELLS GORGE 5.5200 AC FIRE:CHERRY LAN DEED BOOK PAGE:00442 0622 EX-680 LAST ACTION 20240516 MARKET VALUE CORRELATION OF VALUE PROPERTY TYPE USE CDU PHYSICAL CONDITION GRADE EYB AYB CREDENCE TO MARKET R PARCEL VALUATION SUMMARY DWELLING DATA BILLABLE LAND VALUE 56,200 CONDO STYLE KITCHEN HOUSE STYLE WALLS STORY HT. #ROOMS BED FAMILY KITCHENS FULL HALF BILLABLE IMPROVEMENT VALUE 0 REMODELED COLOR ROOMS ROOMS BATHS BATHS TOTAL BILLABLE VALUE 56,200 PERMIT BATH HEATING UNFINISHED UNHEATED BSMT LIVING BSMT REC ADD'L TOTAL CODE DATE NO. BMST ATTIC REMODELED HEATING SYSTEM TYPE AREA AREA AREA AREA FIXTURES FIXTURES SALES DATA OFF.RECORD I DATE 7 TYPE BSMT GARAGE WOODBURNING/METAL INT/EXT MARKET ADJUSTMENT COST&DESIGN TRUEGFA TRUE TLA BOOK PAGE MO YR VALID V I SALES PRICE (#CARS) FIREPLACES 00442 0622 2 2024 E V 0 00420 1 1338 1 7 120211 E I V 1 0 SKETCH INFORMATION BUILDING VALUATION SUMMARY LOWER LEVEL FIRST FLOOR SECOND FLOOR THIRD FLOOR AREA VALUE Base Price NOTES Plumbing Additions SPLIT FROM 4917277308(2021) Unfin.Area Basement Attic Heat/AC Adj. FBLA Rec Room Fireplace Basement Garage SUBTOTAL Grade Factor() C&D Factor TOTAL RCN W.Good Market Adlustment Factor RCNLD CODE DESCRIPTION COUNT LTH WTH SIZE UNIT PRICE ORIG%COND BLDG# --- AYB EYB DEP SCH OVR °/a COND OB/XF DEPR. VALUE TOTAL OB XF VALUE LAND INFORMATION HIGHEST AND USE IDEPTH/I COND INFLUENCES AND UNIT BEST USE CODE FRONTAGE DEPTH SIZE FACT TOPOGRAPHY TOTAL LAND UNITS TYPE ADJUSTED UNIT PRICE LAND VALUE OVERRIDE VALUE LAND NOTES COMMON AREA 14 0 0 1.0000 5.520 AC 10,173.91 56160 TOTAL MARKET LAND DATA 5.52 56160 TOTAL PRESENT USE DATA 4917265827(1188165)Group:0 7/18/2024 9 29 59 AM. VILLAGE OF BEAU'S VIEW AT OLDE BEAU HOMEOWNERS ASSOCIATION INC Parcel ID: 4917265827 83865 ID NO CARD NO. 1 of 1