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 The covenants pertaining to stormwater may not be altered or rescinded without the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
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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,
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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
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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 ( )
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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