SW4240901_Deed Restriction/Protective Covenant Form_20241106

Beau's View- Mitchell's Gorge
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, Barry 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—Mitchell Gorge prior to the
sale of any lot. (The lots have already been sold and a recorded HOA is in place. The following is a
surnmaty of how each of these items were handled):
1. The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit NumberAl LC(;,-)nzz-061, 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 benetrciary 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. i
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 The covenants pertaining to stormwater may not be altered or rescinded without the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. Any
changes would have to be resubmitted to the regional DEO 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 eight cottages have been constructed with those built included in these
calculations. Those eight lots without cottages are restricted to the 1700 sf maximum size
limitation. If all eight 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
3 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 development 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 waters 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.
10. 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. CctclS JET Date: ~a3
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before me this the day of 20AIL, and
acknowledge the due execution of the foregoing instrument.Witness my hand and official
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Form DRPC-5 Rev.2 05Nov2009 Page 1. of 1

BK:00422 PG:0433
FILED Sep 09, 2021 12:51:31 pm
BOOK 00422 ALLEGHANY COUNTY NC
PAGE 0433THRU 0468 MIRANDA H. ROUPE
INST# 02609 REGISTER OF DEEDS
EXCISE TAX (None)
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
VILLAGE OF Beau's View at OLDE BEAU LUXURY MOTORCOACH RESORT
THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR Village of Beau's View
("Declaration") is made on the date hereinafter set forth by NEWCO HOLDINGS LLC,a North Carolina limited
liability company, hereinafter referenced to as"Declarant" and/or"Developer".
W ITNESSETH:
WHEREAS, Developer is the owner of all of that certain real property located in the Alleghany County,
North Carolina and more particularly described on the plat recorded in Plat Book 12, Page 159 of the Alleghany
County Registry and incorporated herein by reference,(the"Property").The Property has been or will be developed
by Developer as a"Class A Motorcoach Development"with-in the Olde Beau Subdivision which is herein referred
to as and which shall hereafter be known as Village of Beau's View at Olde Beau Luxury Motorcoach Resort.
Declarant and Developer desire to provide for the preservation and enhancement of the property values,amenities
and opportunities in Village of Beau's View at Olde Beau Luxury Motorcoach Resort and for the maintenance of the
Property and improvements thereon,and to this end desire to subject the Property to the easements,covenants,
conditions,restrictions,charges and liens hereinafter set forth and/or described.
WHEREAS, Developer and/or Declarant deem it desirable in order to insure the efficient preservation,
protection and enhancement of the values in Village of Beau's View at Olde Beau Luxury Motorcoach Resort and
the residents'enjoyment of the specific rights, privileges and easements set forth in this Declaration that an
organization be created to which will be delegated and assigned the powers of maintaining Common Areas
including the Onsite Wastewater Treatment and,certain Common Easement Areas, and Lot(as hereinafter defined)
landscaping, and administering and enforcing the covenants and restrictions and collecting and disbursing the
assessments and charges hereinafter imposed;and
WHEREAS, Developer has caused to be created, for the purposes aforesaid, a North Carolina non-profit
corporation under the name and style of Village of Beau's View at Olde Beau Homeowners Association, Inc.,
hereinafter referenced to as"Association";
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BK:00422 PG:0434
NOW,THEREFORE,Developer and/or Declarant hereby subject the Property to the easements,covenants,
conditions,restrictions,charges and liens hereinafter set forth and hereby declare that(subject to certain rights of
amendment, as hereinafter described)all of the Property shall be held, sold and conveyed subject to such easements,
covenants, conditions,restrictions,charges and liens,all of which are for the purpose of enhancing and protecting
the value, desirability and attractiveness of Village of Beau's View at Olde Beau Luxury Motorcoach Resort.
Subject to the rights of Declarant and Developer reserved in this Declaration, such easements,covenants,conditions,
restrictions, charges and liens shall run with the Property,and be binding on all parties having or acquiring any right,
title or interest in the Property, or any part thereof and shall inure to the benefit of each Owner(as hereinafter
defined)of the Property or any part thereof.
ARTICLE I
DEFINITIONS
Section 1. Definitions. The following terms when used in this Declaration, or any amendment or
supplement hereto(unless the context shall otherwise require or unless otherwise specified herein or therein), shall
have the following meanings:
(a) "Act" shall mean and refer to the North Carolina Planned Community Act,Chapter 47F of the
North Carolina General Statutes.
(b) "Annual Assessments"shall have the meaning set forth in Article V hereof.
(c) "Approved Builder"shall mean and refer to one or more persons or companies, in the business of
building and selling homes or Coach Houses(which includes the construction of the Lot Pad and utility hook ups)to
individuals and selected by Declarant to construct Coach Houses and or Lot Pads for sale on the Property,so long as
any such Approved Builder is in good standing with Declarant. As of the date of this Declaration, Beau's View LLC
is the sole Approved Builder. Declarant reserves the right to add to the list of Approved Builders at any time.
(d) "Architectural Design Guidelines"shall have the meaning set forth in 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.
(e) "Articles"shall mean and refer to the Articles of Incorporation of the Association.
(f) "Association"or"Village Association" shall mean and refer to Village of Beau's View at Olde
Beau Homeowners Association, Inc.,a North Carolina non-profit corporation, its successors and assigns.
(g) "Association Member"or"Member"shall mean and refer to any Person who holds membership in
the Association as set forth in Article III hereof. Association Members shall include the Declarant and/or Developer,
for so long as it owns any part of the Property,and all Owners of Lots.
(h) "Aqua" shall mean and refer to Aqua North Carolina, Inc. a North Carolina corporation, its
successors and assigns, whose business address is 202 MacKenan Court,Cary,NC 27511.
0) "Board"or"Board of Directors"or"Village Board"shall mean and refer to the Board of Directors
of the Association.
0) "Bylaws"or"By-Laws"or"By-Laws"shall mean and refer to the Bylaws of the Association as
they may be amended and/or restated from time to time. A copy of the initial Bylaws is attached to this Declaration
as Exhibit"A".
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BK:00422 PG:0435
(k) "Certified Subsurface System Operator"shall mean and refer to a person or employee of an entity
hired by the Association or Developer to perform the state required maintenance of the Onsite Wastewater
Treatment and Dispersal System within the Septic Area.
(1) "Common Area"or"Common Areas"shall mean and refer,singularly or collectively,as
applicable,to all land, improvements and other properties which hereafter shall be deeded to or acquired by, in fee,
from time to time by the Association for the common use and enjoyment of the Owners(as hereinafter defined)and
the Occupants(as hereinafter defined), including, without limitation,that property identified and designated as
Easement and Common Area and"Septic Drainfield Easement Area" including the Entrance Gates and Entrance
Monument at the Village of Beau's View or other similar designation on any Plat(as hereinafter defined).
(m) "Common Easement Areas" shall mean and refer collectively to the portions of the Property
designated"Easement&Common Area"and"Septic Drainfield Easement Area"or other similar designation on any
Plat(hereinafter sometimes collectively referred to as the"Easement Areas")and"Utility Easement"or other similar
designation on any Plat(as hereinafter defined).
(n) "Common Expenses"shall mean and refer to the actual and estimated expenses the Association
incurs or expects to incur, for the general benefit of all Owners(as hereinafter defined). Common Expenses include
any reserves the Board deems necessary or appropriate.
(o) "Coach House"shall mean the Structure constructed by the Approved Builder on a Lot, if
purchased by an Owner,and used by the Owner for a utility room,kitchen,bathroom, living room,bedroom(s)
covered outdoor living, screened porch, and/or storage facility.
(p) "Declarant" shall mean and refer to NEWCO HOLDINGS LLC,a North Carolina Limited
Liability Company, and successors in title to NEWCO HOLDINGS,LLC,to the extent provided in and upon
compliance with the requirements in the Act.
(q) "Declaration"shall mean and refer to this Declaration of Covenants,Conditions and Restrictions
for Village of Beau's View at Olde Beau Luxury Motorcoach Resort as it may be amended and/or supplemented
from time to time as herein provided.
(r) "Developer"shall mean and refer to NEWCO HOLDINGS, LLC,a North Carolina Limited
Liability Company,and successors in title to NEWCO HOLDINGS, LLC,to the extent provided in and upon
compliance with the requirements of the Act.
(s) "Entrance Gate"shall mean and refer to the powder coated steel gates,stone columns,electrical
service and wires,receptacles, light fixtures,etc. associated with all electric power to operate gates,motorized gate
operators and all accessory equipment for gate operator system.
(t) "Entrance Monument"shall mean and refer to the stone monument including all of the
landscaping plantings, landscape lighting system and electrical power located in the Common Area at the corner of
County Downs Ave and Village of Beau's View.
(u) "Lot"shall mean and refer to any portion of the Property,with delineated boundary lines, shown
on the Plat(as hereinafter defined) intended for the purposes consistent with Class A Motorcoach Lots as outlined in
the Olde Beau Subdivision Declaration, with the exception of any Common Areas.
(v) "Lot Pad"shall mean and refer to the driveway pad constructed by the Approved Builder to park a
Class"A"Motor Coach on a Lot that shall have a minimum of 20' x 70' made up of broom finished concrete(Color
and patterns to be approved by Declarant),private water and sewer lines,and electrical service installed on lot to
service the Class"A" Motorcoach or Coach House.
(w) "Member"shall mean and refer to each Owner(as hereinafter defined)or Lot Owner(as
hereinafter defined)who by virtue of ownership of a Lot is automatically a Member in the Association.
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BK:OO422 PG:O436
(x) "Mortgage"shall mean and refer to any mortgage or deed of trust constituting a first lien on a Lot.
(y) "Mortgagee"shall mean and refer to the owner and holder of a Mortgage at the time such term is
being applied.
W "Motor Coach"shall mean and refer to only Class"A"motor coaches and/or"bus conversion"
motor coaches, i.e. motor coaches built on either a truck chassis or a bus chassis where the driving compartment is
an integral part of the vehicle interior,that: (a)for a Class"A" Motor Coach at least thirty-four(34)feet in length
and model age not more than twelve(12)years old at time of Class"A"Motor Coach Lot purchase and for and
certain Vintage Coaches as approved by NEWCO HOLDINGS, LLC(b)have an RVIA seal if applicable;(c)have a
current State inspection, if applicable;(d) is"roadworthy"as determined by the Village Association and(e) is
"visually in good repair"as determined by the Village Association. Not included in this definition of Class A
"Motor Coach"shall be modern travel trailers, folding tents not mounted on wheels,tent type folding trailers,pick-
up campers,vans greater than 15 feet,fifth wheel trailers,Class C and Super C motor coaches,Class B motor
coaches,and park model or park home recreational vehicles. It is the declared intent of NEWCO HOLDINGS, LLC
to exclude motor coaches shorter than thirty-four(34)feet long, motor coaches in visually poor repair and/or not
roadworthy as the same may be determined by the Village Association in its sole discretion,park model trailers,
park home trailers,and mobile homes(single-wide, double-wide,triple-wide,"tiny homes"on trailer frames or
modular)from being placed on any Lot and to create and maintain an area designated for maximum beauty and
benefit of the Motor Coach Village(s).
(aa) "Notice and Opportunity for Hearing" shall mean and refer to the giving of at least ten(10)days
prior notice of a proposed action and the reasons thereof,and an opportunity to be heard by the Board,orally or in
writing,not less than ten(10)days before the effective date of the proposed action.
(bb) "Occupant" shall mean and refer to any person occupying all or any portion of a Lot or the
Property for any period of time,regardless of whether such person is a tenant of the Owner of such Lot or portion of
the Property.
(cc) "Onsite Wastewater Treatment and Dispersal System"shall rnean and refer to any area designated
for sewer treatment and or repair area.
(dd) "Owner"or"Lot Owner"shall mean and refer to the record owner,whether one or more persons
or entities,of fee simple title to any Lot or other portion of the Property, but excluding those having such interest
merely as security for the performance of an obligation.
(ee) "Person"shall mean and refer to any natural person,corporation,joint venture,partnership
(general or limited), Limited Liability Company, association,trust or other legal entity.
(ff) "Plat"shall mean and refer to the plat recorded in Plat Book 12,at Page 159 of the Alleghany
County Register of Deeds in Alleghany County,North Carolina.
(gg) "Private Sewer Line"shall mean and refer to the portion of the individual lot's sewer line for
which Owner assume maintenance responsibility. The Private Sewer Line shall include only that portion of the
individual sewer line that extends from the 4"Main Sewer Lines located in the Utility Easement to the Motor Coach
and/or Coach House.
(hh) "Property"shall mean and refer to that certain real property located in the Alleghany County,
North Carolina and more particularly described on the plat recorded in Plat Book 12, at Page 159 of the Alleghany
County Registry and incorporated herein by reference.
(ii) "Road","Private Road",or"Road Easement"shall mean and refer to the asphalt road within the
50' Easement for Road and Utilities as shown on the Plat throughout Beau's View.
0j) "Septic Area" shall mean and refer to the land in which the Onsite Wastewater Treatment and,or
any Drip Dispersal System is located as part of the Common Area that services the lots within the Property.
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BK:00422 PG:0437
(kk) "Structure"shall mean and refer to anything which constitutes a one family dwelling(single
family dwelling),Coach House,and/or an accessory building as defined by the North Carolina State Building Code
—Residential.
(I1) "Special Assessments" shall have the meaning set forth in Article V hereof.
(min) "Special Individual Assessments"shall have the meaning set forth in Article V hereof.
(nn) "Special Declarant Rights"shall mean the rights defined in Section 4 717-1-103 (28)of the Act for
the benefit of Declarant, including,but not limited to the following:to complete improvements indicated on plats or
plans filed with or referenced in this Declaration;to exercise any development right as defined in the Act;to
maintain sales offices, management offices,models and signs advertising in the Village of Beau's View at Olde
Beau Luxury Motorcoach Resort;to use easements through the Common Area and Common Easement Areas,for
the purpose of making improvements within Village of Beau's View at Olde Beau Luxury Motorcoach Resort; and
to elect,appoint or remove any officer or Board member of the Association until the Turnover Date(as defined in
Section 2(b)of Article III hereof).
(oo) "Utility Easement" shall mean and refer to the portion of the Property located on the front of each
Lot,Common Area and Septic Area within the 50'Easement for Road and Utilities as shown on the Plat. The Utility
Easement extends on each Lot,Common Area and Septic Area 30' from the center of the road.
(pp) "Water Facilities"shall mean and refer to Aqua's existing Olde Beau Master Water System in
which the Water Utility System shall be connected to.
(qq) "Water Service Lines"shall mean and refer to the portion of the individual lot's water line for
which Aqua will not assume maintenance responsibility. The Water Service Lines shall include only that portion of
the individual water line that extends from the Aqua water meter at or near the property line or street to the lot. The
portion of the line extending from the water meter to the water main at or near the street shall not be included in the
term "Water Service Line"
(rr) "Water Utility System" shall mean and refer to the distribution system, including interconnection
to Aqua's Water Facilities,and other facilities used in distribution of water including but not limited to: all water
mains, interconnections, services,meter boxes,meter yokes, back flow preventers,and other additional components
of the Water Utility System necessary to serve water to the lots in Village of Beau's View at Olde Beau Luxury
Motorcoach Resort.
ARTICLE 11
PROPERTY
Section 1. Property Made Subject to Declaration.The Property is hereby made subject to this
Declaration and the Property shall be owned,held, leased,transferred,sold,mortgaged and/or conveyed by
Declarant, Developer,the Association,each Owner and each party owning record title to any of the Property,subject
to this Declaration and the controls,covenants, conditions, restrictions,easements,development guidelines, charges
and liens set forth in this Declaration.
Section 2. Olde Beau Declaration. In addition to the matters set forth in this Declaration,the
Property is also subject to the recorded Declaration of Covenants, Restrictions and Conditions,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 (collectively,the"Olde
Beau Community")and all future amendment(s)to the Olde Beau Declaration. Pursuant to the Olde Beau
Declaration,each Lot is obligated to pay certain assessments to the Olde Beau Owners Association, Inc. in addition
to the Assessments payable to the Association provided for in this Declaration.
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BK:OO422 PG:O438
Section 3. Additional Declaration Documents. Declarant and Developer may supplement the
provisions of this Declaration,whether with regard to the entire Property or any portion thereof, including any
modifications as may be necessary to reflect the different character of any portion of the Property,provided the same
are not inconsistent with the plan and spirit hereof.
Section 4. Changes to this Declaration Requiring Declarant's Consent. Notwithstanding anything
contained herein to the contrary, it is expressly understood and agreed that, so long as Developer owns any part of
the Property,the prior written consent of the Declarant shall be required for any Person to modify,change,
supplement and/or amend, in whole or in part,the terms and provisions of this Declaration or to impose new or
additional covenants,conditions,restrictions or easements on any part of the Property.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot which is subject to assessment shall be a Member of
the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is
subject to assessment.
Section 2. Voting Rights. The voting rights of the membership shall be appurtenant to the ownership
of the Lots. The Association shall have two(2)classes of voting membership.
(a) Class A. Except as provided below,Class A Members shall be all Lot Owners except the
Declarant and/or Developer. Class A Members shall be entitled to one(1)vote for each Lot owned. When more than
one person owns an interest(other than a leasehold or security interest)in any Lot,all such persons shall be
Members and the vote appurtenant to said Lot shall be exercised as they,among themselves, determine,but in no
event, shall more than one(1)vote be cast with respect to any Lot.
(b) Class B. The Class B Member shall be the Declarant and Developer.The Class B Member shall be
entitled to thirty-six(36)votes for each Lot owned by Developer and/or Declarant.Notwithstanding anything
contained herein to the contrary,the Class B membership shall cease and be converted to a Class A membership on
the earliest to occur of(a)the date on which Declarant and/or Developer no longer owns any part of the Property;
(b)the date Declarant and/or Developer shall elect, in its sole discretion,that Class B membership cease and be
converted to Class A membership(which election may be made, if at all,upon the Declarant and/or Developer
giving written notice of the election to the Owners);or(c) December 31,2029.The earliest to occur of(a),(b)or(c)
above shall herein be referred to as the "Turnover Date." After the Turnover Date and for so long as Declarant
and/or Developer owns any part of the Property, Declarant and/or Developer shall be a Class A Member.
ARTICLE IV
PROPERTY RIGHTS, EASEMENTS AND RIGHTS OF ENTRY
Section 1. Owner's Right of Enjoyment• Every Owner,and in the case of rented Lots, such Owner's
tenants,shall have a non-exclusive right to and easement for enjoyment of the Common Areas and the Common
Easement Areas(excluding the Septic Area)to be used and maintained as set forth in the Village of Beau's View at
Olde Beau Luxury Motorcoach Resort Declaration and this Declaration for the common benefit of the Property and
the Owners. Such rights and easements shall be appurtenant to and shall pass with the title to every Lot.
Each Owner's non-exclusive right to and easement set forth above in this Section 1 for enjoyment of the
Common Areas and the Common Easement Areas shall be subject to the following:
(a) The right of the Association to suspend voting rights for any period during which any Assessment
(as hereinafter defined)against such Owner's Lot remains unpaid; and for a period not to exceed sixty(60)days for
any infraction of the Association's published rules and regulations;
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BK:00422 PG:0439
(b) The right of the Association to dedicate or transfer all or any part of the Common Areas to any
public agency, authority,or utility for such purposes and subject to such conditions as may be agreed to by the
Members.No such dedication or transfer shall be effective unless the Members entitled to at least three-fourths(3/4)
of the votes appurtenant to each of the two classes of Lots(Class A Lots and Class B Lots)agree to such dedication
or transfer and signify their agreement by a signed and recorded written document,provided that this subsection
shall not preclude the Board of Directors of the Association from granting easements for the installation and
maintenance of water supply, sewerage,utilities, including CATV,and drainage facilities upon,over,under and
across the Common Areas without the assent of the Members when such easements, in the opinion of said Board,
are requisite for the convenient use and enjoyment of the Property.Notwithstanding the above,the Association shall
have the right to convey or transfer small portions of the Common Areas to any party or parties for the purposes of
changing any Lot lines or correcting minor errors, discrepancies or encroachments which may arise in deeds,
surveys or other instruments into the Association or any Owner, including any connections made necessary by the
revision or modification of an existing Plat of the Property;
(c) Except as provided in Subsection(b)hereinabove,conveyance or encumbrance of Common Areas
shall be governed by Section 47F-3-112 of the Act which provides that portions of the Common Areas may be
conveyed or subjected to a security interest by the Association if persons entitled to cast at least eighty percent
(80%)of the votes in the Association agree in writing to that action. Proceeds of the sale or financing of Common
Areas shall be an asset of the Association.The Association, on behalf of the Owners,may contract to convey
Common Areas or subject Common Areas to a security interest, but the contract is not enforceable against the
Association until approved as hereinabove set forth.Thereafter,the Association has all powers necessary and
appropriate to make the conveyance or encumbrance,free and clear of any interest of any Owner or the Association
in or to the Common Area conveyed or encumbered, including the power to execute deeds or other instruments.No
conveyance or encumbrance of Common Area may deprive any Lot of its rights of access and support.
(d) The right of the Association,with the assent of Members entitled to at least two-thirds(2/3)of the
votes appurtenant to each of the two classes of Lots(Class A Lots and Class B Lots),to mortgage,pledge,deed in
trust,or otherwise hypothecate any or all of its real or personal property as security for money borrowed or debts
incurred;
(e) The right of the Association to levy Annual Assessments, Special Individual Assessments and
Special Assessments;
(f) The right of Declarant and/or Developer, and its successors and assigns,to make any
improvements for any reason it deems proper upon the Common Areas,even after their conveyance to the
Association. Declarant hereby reserves an easement over the Common Areas. Although not limiting the scope of
this easement,this easement shall include the right of access at all times for Declarant and/or Developer's
employees,agents,subcontractors, invitees,etc.,over the Common Areas and shall include the right to construct,
maintain and dedicate any additional drainage easements and general utility easements across any of the Common
Areas. This easement shall terminate upon completion of the development Village of Beau's View at Olde Beau
Luxury Motorcoach Resort or fifteen(15)years from the date hereof, whichever first occurs;
(g) The right of Declarant and/or Developer, and its successors and assigns,and the Association,to
erect and maintain hardscaping, landscaping, fences, lighting and any other improvements and landscaping within
Common Areas or any easements granted under the provisions of Article XII hereof and as shown on any Plat;and
(h) The right of the Association to prescribe rules and regulations governing the use,operation and
maintenance of the Common Areas(including limiting the number of guests of Owners who may use such Common
Areas)and the Lots("Rules and Regulations")subject to limitations established by Declarant and/or Developer on
such right to impose the Rules and Regulations.
Section 2. Delegation of Use.
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BK:OO422 PG:O44O
(a) Family. The right and easement of enjoyment granted to every Owner in Section I of this Article
may be exercised by members of the Owner's family who occupy the Lot either in a Motor Coach and/or the Coach
House of the Owner located on the Property, or a portion of said Lot,in the Village of Beau's View at Olde Beau
Luxury Motorcoach Resort.
(b) Tenants. The right and easement of enjoyment granted to every Owner in Section 1 of this Article
may be delegated by the Owner to the Owner's tenants or contract purchasers who occupy the Lot either in a Motor
Coach and/or the Coach House of the Owner located on the Property, in the Village of Beau's View at Olde Beau
Luxury Motorcoach Resort. Motor Coach Lot and Coach House may not be leased at any tirne to two different
tenants nor can either be leased if owner occupies any part of property. Owners may not extend rights to Motor
Coach lot to any tenant while the owner occupies their Coach Cottage.
(c) Guests. Facilities located on Common Areas may be utilized by guests of Owners,tenants or
contract purchasers subject to such rules and regulations governing said use of the Common Areas as may be
established by the Board of Directors.
Section 3. Title to Common Areas. Title to the Common Areas and Road Easement shall be
conveyed to the Association free and clear of all liens and encumbrances;provided,however,that Declarant and/or
Developer shall have the right from time to time to reserve for the purpose of development of the Property, all or
any portion of the Property, including any Common Areas, various easements and rights-of-way,together with the
right to dedicate same where applicable and customary and the right of ingress and egress across the Common Areas
in connection with the development of the Property. Declarant and/or Developer's rights hereunder shall not
unreasonably interfere with any Owner's easement for enjoyment.
The Association shall accept"as is"the conveyance of Common Areas,the Common Easement Areas,the
Septic Area,the Road Easement,and the Utility Easement without any representation or warranty,express or
implied,in fact or by law,with respect thereto,or with respect to the improvements and repairs to be completed after
the conveyance, including, without limitation,representations or warranties of merchantability or fitness for the
ordinary or any particular purpose,and without any representations or warranties regarding future repairs or
regarding the condition, construction,accuracy, completeness,design, adequacy of the size or capacity in relation to
the utilization,date of completion or the future economic performance or operations of,or the utilities,materials or
furniture which have been or will be used in such Common Areas,the Common Easement Areas,the Septic Area,
the Road Easement,and the Utility Easement or repairs, except as set forth herein. By acceptance of an interest in
any such Common Areas,the Common Easement Areas,the Septic Area,the Road Easement,and the Utility
Easement or the deed to any Lot,the Association and all Owners Release Declarant and/or Developer from any
claims and warrant that no claim shall be made by the Association or any Owner relating to the condition,or
completeness of such property or repairs or for incidental or consequential damages arising therefrom.
Section 4. Entry Easement to Association. The Association,through its authorized representatives,
shall have the right of entry and access to,over,upon and through all of the Property,to enable the Association to
perform its obligations,exercise its rights,and fulfill its duties pursuant hereto, and such representatives shall not be
deemed to have committed a trespass as a result thereof. Except in an emergency situation,entry shall only be
during reasonable hours and after notification to the Owner(s)of the portion of the Property being entered.
Section 5. Private Road. As also provided elsewhere in this Declaration,the portion of the Road
with in the designated"50'Easement for Road and Utilities" ("Road")will be maintained by the Association.
Maintenance of the Private Road shall be to the standard of the maintenance(if one is ascertainable)required by
Alleghany County. The maintenance obligations of the Association with respect to the Private Road shall not be
construed to obligate the Association to maintain any public utility lines located within the Private Road other than
any portion of the Utility Easement Areas located therein. The Declarant and/or Board of Directors reserves the
right to transfer the Road to the Olde Beau Owners Association Inc. Upon transfer the maintenance of the Road will
become the responsibility of Olde Beau Owners Association Inc.
Section 6. Provision of Services. The Association may provide,or provide for,services and
facilities for all or any of the Owners and their Lots,and may enter into contracts or agreements with other entities,
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including Declarant and/or Developer to provide such services and facilities. The Board may charge use or service
fees for any such services and facilities. The Board may charge use or service fees for any such services and
facilities,or may include the costs in the association's budget as a Common Expense and assess it as part of the
Annual Assessment, if provided to all Lots. By way of example,such services and facilities might include landscape
maintenance,maintenance for the Onsite Wastewater Treatment and Drip Dispersal system,maintenance for
Entrance Gate,pest control service, cable television service,telephone, internet access,security monitoring,utilities,
trash collection and recycling,and similar services and facilities.Nothing in this Section shall be construed as a
representation by Declarant and/or Developer or the Association as to what, if any,services shall be provided. In
addition, subject to the contract terms,the Board may modify or cancel existing contracts for services in its
discretion, unless the services are otherwise required by this Declaration.Non-use of services provided to all
Owners or Lots as a Common Expense shall not exempt any Owner from the obligation to pay assessments for such
services.
ARTICLE V
COVENANT FOR ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant and/or
Developer,for each Lot owned within the Property,hereby covenants,and each Owner of any Lot by acceptance of
a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the
Association: (1)Annual Assessments or charges as provided in Section 3 of this Article V;(2)Special Assessments
as provided in Section 4 of this Article V;and(3)Special Individual Assessments as provided in Section 5 of this
Article V;The assessments described in(1),(2),and(3)of this Section 1 (the"Assessments"),together with interest
thereon, late charges,attorney fees,court costs and other costs of collection,shall be a charge on the land and shall
be a continuing lien upon each Lot against which each such Assessment is made or has matured. The Assessment
shall also be the personal or entity obligation of the person(s)or entity(ies)owning such Lot at the time when the
Assessment fell due.Although unpaid Assessment charges are not the personal or entity obligation upon such
Owner's successors in title unless expressly assumed by the successors in title,the unpaid Assessment charges
continue to be a lien upon the property against which the Assessment has been made or has matured. Aqua shall be
exempt from any from any Annual Assessment, Special Assessment and or Special Individual Assessment within
the Association.
Section 2. Purposes of Assessments. The Assessments shall be used exclusively to promote the
health,safety and welfare of the residents of the Property,the enforcement of this Declaration and the rules of the
Association, and in particular for the improvement,and maintenance of the Property and providing the services and
facilities devoted to this purpose and related to the use and enjoyment of the Common Areas and any other areas
maintained by the Association,the procurement and maintenance of insurance in accordance with the By-Laws,the
employment of attorneys to represent the Association when necessary,and such other needs as may arise,all such
items being Common Expenses of the Association.
Section 3. Annual Assessment. Annual Assessment amounts shall be determined by the Board of
Directors in accordance with the provisions of the Act and this Declaration effective January 1 of each year. In
making such determination,the Board of Directors shall take into consideration,among other things,estimated
development and maintenance costs to be borne by the Association under this Article V and future needs of the
Association under this Article V. The time of payment of the applicable Annual Assessment amount shall be
determined by the Board of Directors from time to time as set forth in statements of amounts due sent to each Owner
of a Lot subject to Annual Assessment.
Annual Assessment amounts established by the Board of Directors shall continue thereafter from year to
year until changed by said Board.
Section 4. Special Assessments. In addition to the Annual Assessments described in Section 3
above,the Board may levy in any assessment year or years,in accordance with the Act and this Declaration,a
special assessment or assessments("Special Assessments")for the purpose of defraying, in whole or in part, any
costs incurred by the Association which are not paid for out of funds on hand in the Association or out of the Annual
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Assessments collected by the Association. Such costs may include,but shall not be limited to,the costs of any
construction,reconstruction,repair or replacement of a capital improvement upon or within any Common Area.
Notwithstanding the above, all fees and costs incurred by the Association in exploring or waging a complaint or suit
against Developer must be paid for out of a Special Assessment and, for this purpose only,such a Special
Assessment must be approved by a vote of the Members entitled to cast no less than two thirds(2/3)of all votes
entitled to be cast by the Members.The due date of any Special Assessment levied pursuant to this Section 4 shall
be fixed in the Board resolution authorizing such Special Assessment. Upon the establishment of a Special
Assessment,the Board shall send written notice of the amount and due date of such Special Assessment to each
Owner of a Lot subject to the Special Assessment at least thirty(30)days prior to the date such Special Assessment
is due.
Section 5. Special Individual Assessments. The Board may levy Special Assessments against
individual Owners("Special Individual Assessments")(i)for the purpose of paying for the costs of any construction,
reconstruction,repair or replacement of any damaged component of the Common Areas or Common Easement
Areas occasioned by the act of a Lot Owner,or a Lot Owner's family,tenants,guests or agents,and not the result of
ordinary wear and tear;(ii)for payment of fines,penalties or other charges imposed against an Owner relative to
such Owner's failure to comply with the terms and provisions of this Declaration,the Bylaws or any rules or
regulations promulgated hereunder, including,without limitation,penalties assessed by the Committee(as defined
in Article X)pursuant to the Architectural Design Guidelines,reimbursement to the Committee(as defined in
Article X)for any sums it expends on an Owner's behalf pursuant to the Architectural Design Guidelines, and
reimbursement to the Association for all expenses incurred in connection with the enforcement of the provisions of
Article XI;or(iii)for the purpose of reimbursing the Association for costs(including attorney's fees)incurred in
bringing the Owner,the Owner's Lot or the Owner's residence into compliance with the provisions of this
Declaration,the Bylaws or the Rules and Regulations.The due date of any Special Individual Assessment levied
pursuant to this Section 5 shall be fixed in the Board resolution authorizing such Special Individual Assessment.
Upon the establishment of a Special Individual Assessment,the Board shall send written notice of the amount and
due date of such Special Individual Assessment to the affected Owner(s)at least thirty(30)days prior to the date
such Special Individual Assessment is due.
Section 6. Assessment Rate. Annual Assessments and Special Assessments must be fixed at a
uniform rate for all Lots subject to Annual Assessments and Special Assessments and shall be collected on such
basis as determined from time to time by the Board.
Section 7. Commencement of Annual Assessments and Special Assessments. The Annual
Assessment for each Lot, shall commence on the earlier of(a)the first day of the month following the month in
which a residence on the Lot is first occupied,or(b)the first day of the second month after the month in which a
certificate of occupancy for a residence on the Lot is issued by the governmental authority having jurisdiction.The
Annual Assessment for Lots which are first subject to Annual Assessments after January 1 of the applicable year
shall be pro-rated for that year,beginning on January 1 st of that year. Each Lot owned by an Owner other than an
Approved Builder or the Developer shall also be subject to Special Assessments. Failure to mail notices by the dates
required shall not affect the rights of the Association to assess Lots as provided herein.
To the extent, if any,the total amount of Annual Assessments collected by the Association is from time to
time insufficient to satisfy in full currently due charges for Common Expenses,excluding reserves("Current
Operating Short-Fall"), until the Developer no longer owns any of the Lots,the Developer shall fund the Current
Operating Short-Fall.
Section 8. Non-Payment of Assessment. Any Assessment levied or matured pursuant to these
covenants which is not paid on the date when due shall be delinquent and shall,together with such interest thereon
and cost of collection thereof,as hereinafter provided, including reasonable attorney's fees, be a continuing lien
which shall bind such Lot in the hand of the then Owner,and such Owner's heirs,devisees,personal representative
and assigns. The personal obligation of the then Owner to pay such Assessment,however,shall remain such
Owner's personal obligation and shall not pass to such Owner's successors in title unless expressly assumed by them.
Interest on delinquent Assessments shall be charged at the lesser of the rate from time to time established by the
Board or the highest rate permitted by the Act.
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BK:OO422 PG:O443
Any Assessment not paid within thirty(30)days after the due date shall be subject to such late charge as
may be from time to time established by the Board or the maximum late charge permitted by the Act,and the
Association may bring an action at law against the Owner personally obligated to pay the same,or to foreclose the
lien against the Lot as provided in Section 47F-3-116 of the Act and interest, late payment charges, costs and
reasonable attorney's fees related to such action or foreclosure shall be added to the amount of such Assessment.No
Owner may waive or otherwise escape liability for the Assessments provided for herein by not using the Common
Areas or by abandoning such Owner's Lot.
Section 9. Subordination to the Lien of First Mortgages. The liens provided for herein shall be
subordinate to the lien of any first mortgage or first deed of trust on a Lot. Sale or transfer of any Lot shall not affect
any Assessment lien. However,the sale or transfer of any Lot which is subject to any mortgage or deed of trust,
pursuant to a foreclosure thereof or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such
Assessments as to the payment thereof which became due prior to such sale or transfer.No such sale or transfer shall
relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof,but the liens
provided for herein shall continue to be subordinate to the lien of any first mortgage or deed of trust.
Section 10. Exempt Property. All property dedicated to,and accepted by,a local public authority
and all properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of
North Carolina shall be exempt from the Assessments created herein. However, no land or improvements devoted to
Lot use shall be exempt from said Assessments except Aqua including all components of the Water Utility System.
Section 11. Reserves. The Annual Assessments shall,as determined by the Board, include
reasonable amounts as reserves for the future periodic maintenance,repair and/or replacement of all or a portion of
the Common Areas and any improvements located thereon and any improvements which are maintained by the
Annual Assessments. All amounts collected as reserves,whether pursuant to this Section 11 or otherwise, shall be
deposited by the Association in a separate bank account to be held in trust for the purposes for which they were
collected and are to be segregated fi•om and not commingled with any other funds of the Association. Assessments
collected as reserves shall not be considered to be advance payments of Annual Assessments.
ARTICLE VI
COMMON EASEMENT AREAS
Section 1. Utilities and Storm Drainage in General. Easements for installation and maintenance
of the Road,Common Area, Water Utility System,Onsite Wastewater Treatment and or Drip Disposal System,
cable television,telephone,electric power,4"main sewer line and manholes located in the Utility Easement Areas
and Storm Drainage Easements and for other utility installations are reserved as shown as"50'Easement for Road
and Utilities"on the Plat and/or as more particularly set forth in this Declaration. Further, easements 20' in width,
back from the centerline of the road, and/or as specifically indicated on the Plat, for such purposes are reserved over,
under and through and along the front Lot lines of all Lots and easements five(5)feet in width for such purposes are
reserved over, under and through and along the side Lot lines of all Lots. hi the event it is determined that other and
further easements are required over any Lot or Lots in locations not shown on any recorded Plat and not along rear
or side Lot lines,such easements may be established by the Declarant and/or Developer,except that if any such
easements are reserved or established after the conveyance of a Lot or Lots to be affected thereby,the written assent
of the Owner or Owners of such Lot or Lots and of the trustees and mortgagees in deeds of trust constituting a lien
thereon shall be required. Within any such easements above provided for,no structure,planting or other material
shall be placed or permitted to remain which may interfere with the installation,delivery and maintenance of public
utilities,or which may obstruct or change the direction of flow of drainage channels in the easements or which may
obstruct or retard the flow of water through drainage channels in the easements, unless approved in writing by the
Declarant in accordance with the terms of Article X and all public authorities having jurisdiction. Any
improvements or obstructions placed within easements shall be subject to removal or relocation without replacement
as may be necessary for emergency service or maintenance operations by the Association or appropriate
governmental authority. Such approved improvements shall be done at the Lot Owner's risk of removal. Except for
those improvements for which a public Authority or utility is responsible and except as otherwise specifically set
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BK:OO422 PG:O444
forth in this Declaration,the easement area of each Lot and all improvements in it shall be maintained continuously
by the Owner of the Lot
Section 2. Operation Maintenance and Monitoring of the Onsite Wastewater Treatment with in the
Septic Area. In an effort to ensure the ongoing performance of the Onsite Wastewater Treatment,the Association
limits the Owners and Occupants access to the Septic Area. The use of the Easement Area and the Septic Area are
designated as entry,access and use to maintain the Onsite Wastewater Treatment by the Certified Subsurface
System Operator hired by the Board and routine inspections by a representative of the Appalachian District Health
Department, and/or a representative of the NC Department of Health and Human Services Division of Public Health.
Owners and Board Members should be accompanied by the Certified Subsurface System Operator upon access to
the Septic Area. Routine lawn maintenance of the area is allowed but all parties should avoid access over the
portion of the Drip Dispersal systern located in the wooded area within the Septic Area.
Section 3. Aqua's Water Utility Systern in General. An easement, in favor of Aqua,allowing
Aqua unobstructed ingress,egress,regress,and access to operate,maintain,repair and replace the Water Utility
System and appurtenant equipment located within the Property. For any portion of the Water Utility System not
located within Utility Easement,Aqua shall be granted a perpetual easement centered 10 feet on each side of the
water mains within the Water Utility System for ingress,egress,regress,and access for the installation,operation,
maintenance, repair and replacement of the Water Utility System. The easements shall prohibit the erection of any
building or structure within the right of way provided by the easement.
The Lot Owner is responsible to maintain the Water Service Line serving the lot,refrain from erecting any
structure within the utility and access easements provided, and refrain from placing any contaminant within any
easement provided to Aqua for the Water Utility System. Aqua shall have the right to unilaterally and immediately
remove any structure or contaminant from easements provided to Aqua for the Water Utility System if the property
owner,person,or entity introducing the source of contamination or erecting the structure fails to immediately
remove it and, further,shall also require such Lot Owner responsible to reimburse Aqua for all expenses associated
with the removal of the structure or contaminant.
ARTICLE VII
INSURANCE
Section 1. Insurance Requirements under the Act. Section 47F-3-113 of the Act requires certain
insurance to be carried by the Association and provides for the distribution of insurance proceeds. Sections 2
through 5 of this Article VII set forth the requirements of Section 4717-3-1 13 of the Act. In the event the insurance
requirements set forth in the Act or any portion of the Act are changed, amended or deleted,the insurance
requirements set forth in Sections 2 through 6 of this Article V11 shall likewise be changed,amended or deleted to
conform with the insurance provisions of the Act without the requirement of a formal amendment to this
Declaration.
Section 2. Property Insurance. The Association shall maintain,to the extent reasonably available,
property insurance on the Common Areas insuring against all risks of direct physical loss commonly insured against
including fire and extended coverage perils. The total amount of insurance after application of any deductibles shall
not be less than eighty percent(80%)of the replacement cost of the insured property at the time the insurance is
purchased and at each renewal date,exclusive of land,excavations, foundations,and other items normally excluded
from property policies. Any loss covered by this property insurance shall be adjusted with the Association,but the
insurance proceeds for that loss are payable to any insurance trustee designated for that purpose,or otherwise to the
Association,and not to any mortgagee or beneficiary under a deed of trust.The insurance trustee or the Association
shall hold any insurance proceeds in trust for Owners and lienholders as their interests may appear.The proceeds
shall be disbursed first for the repair or restoration of the damaged property,and Owners and lien holders are not
entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has
been completely repaired or restored, or the planned community is terminated.
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Section 3. Liability Insurance. The Association shall maintain,to the extent reasonably available,
liability insurance in reasonable amounts,covering all occurrences commonly insured against for death,bodily
injury,and property damage arising out of or in connection with the use, ownership, or maintenance of the Common
Areas.The liability insurance shall be for the benefit of the Owners,Occupants,the Association,the Board,the
managing agent, if any,the Declarant and/or Developer,and their respective officers,directors, agents,and
employees in such amounts and with such coverage that shall be determined by the Board;provided that the liability
insurance shall be for at least One Million Dollars($1,000,000.00)per occurrence for death,bodily injury and
property damage.
Section 4. Directors and Officers Liability Insurance. Each member of the Board of Directors of the
Association shall be covered by directors and officer's liability insurance in such amounts and with such provisions
as approved by the Board of Directors.
Section 5. Required Provisions for Property and Liability Insurance. Insurance policies carried
pursuant to Sections 2 and 3 above shall provide that:
(a) Each Owner is an insured person under the policy to the extent to the Owner's insurable interest;
(b) The insurer waives its right to subrogation under the policy against any Owner or member of the
Owner's household;
(c) No act or omission by any Owner,unless acting within the scope of the Owner's authority on
behalf of the Association,will preclude recovery under the policy;
and
(d) If,at the time of a loss under the policy,there is other insurance in the name of the Owner
covering the same risk covered by the policy,the Association's policy provides primary insurance.
Section 6. Insurance Repairs. Any portion of the planned community for which insurance is
required under Sections 2 and 3 hereinabove which is damaged or destroyed shall be repaired or replaced promptly
by the Association unless: (a)the planned community is terminated; (b)repair or replacement would be illegal under
any State or local health or safety statute or ordinance;or(c)the Owners decide not to rebuild by an eighty percent
(80%)vote. The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense if
any portion of the planned community is not repaired or replaced,(a)the insurance proceeds attributable to the
damaged Common Area shall be used to restore the damaged area to a condition compatible with the remainder of
the planned community;(b)the insurance proceeds attributable to limited common elements which are not rebuilt
shall be distributed to the Owners of the Lots to which those limited common elements were allocated,or to
lienholders,as their interests may appear;and(c)the remainder of the proceeds shall be distributed to all the Lot
Owners or lienholders,as their interests may appear, in proportion to the common expense liabilities of all the Lots.
Notwithstanding the provisions of this Section 5, Section 4717-2-118(termination of the planned community)
governs the distribution of the insurance proceeds if the planned community is terminated.
Section 7. Insufficient Proceeds. If the insurance proceeds received by the Association are
insufficient to reimburse,to repair and/or replace any damage or destruction to person or property,the Board may
levy a Special Assessment against the Owners to cover the deficiency.
Section 8. Owner's Personal Property. The Association, Declarant and/or Developer shall not be
liable in any manner for the safekeeping or condition of any personal property belonging to or used by any Owner or
his family, guests or invitees, located on or used at the Common Areas. Further,the Association, Declarant, or
Developer shall not be responsible or liable for any damage or loss to any personal property of any Owner,or such
Owner's family,guests or invitees located on or used at the Common Areas, Septic Area, and or Utility Area. Each
Owner shall be solely responsible for all personal property and for any damage thereto or loss thereof,and shall be
responsible for the purchase of,at such Owner's sole cost and expense, any liability or other insurance for darnage to
or loss of such property.
Section 9. No Obligation to Insure Owners'Property. By virtue of taking title to a Lot within
Village of Beau's View at Olde Beau Luxury Motorcoach Resort, each Owner acknowledges that neither the
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Association nor Declarant and/or Developer has any obligation to provide any insurance for any portion of such Lot,
Coach House, Structure, Motor Coach,and or Lot Pad improvement(as hereinafter defined)located thereon. Each
Lot Owner shall,at his or her own expense,obtain public liability insurance for personal injuries or damages arising
out of the use and occupancy of or occurring within their Lot,Coach House, or Motor Coach. In addition,each Lot
Owner shall maintain fire and extended coverage insurance on their Motor Coach,and the contents of their Motor
Coach. The Association may request the Lot Owner to provide a copy of the policy(s)to the Association evidencing
this insurance coverage at any time.
Section 10. Security. The Association may, in its sole discretion,but shall not be obligated to,
provide certain security measures,and maintain or support certain other activities within Village of Beau's View at
Olde Beau Luxury Motorcoach Resort designed to make Village of Beau's View at Olde Beau Luxury Motorcoach
Resort safer than it might otherwise be. Provided,however, should the Association provide,maintain or support any
such measures or activities,then neither the Association, Board, Declarant and/or Developer,nor any successor of
Declarant and/or Developer, shall in any way be considered insurers or guarantors of security within Village of
Beau's View at Olde Beau Luxury Motorcoach Resort, and neither the Association or Declarant and/or Developer
nor any successor of Declarant and/or Developer shall be held liable for any loss or damage by reason or failure to
provide or take any security protection measures or for the ineffectiveness of any such measures undertaken. Each
Owner and Occupant of any Lot and each tenant,guest and invitee thereof acknowledges and understands that
neither the Association, Board or Declarant and/or Developer nor any successor of Declarant and/or Developer is an
insurer,and each such Owner,and Occupant of a Lot,and their tenants,guests and invitees hereby assume all risks
for loss or damage to persons, property or contents belonging to any such persons.
ARTICLE VIII
USE RESTRICTIONS
The Use Restrictions 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 Use Restrictions outlined below are in 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 referenced above. Aqua shall be exempt from the additional Use Restrictions under this
Declaration.
Section 1. Land Use and Building Type. All Lots shall be known and described as a Class"A"Motor Coach
Lot. No more than one(1)Motor Coach and two(2)operative vehicles may be parked on the approved Lot Pad. Each
lot is allowed one(1)Coach House to be built upon it. At time of purchase each Owner must have a qualifying Motor
Coach.After the Owner has owned the Lot for a period of at least two years they may remain and live in their cottage
(Home)without a qualifying Motor Coach for as long as they retain ownership of the Lot.
Section 2. Building Setbacks. All buildings shall be erected within the setback lines shown on the Plat of
each Lot. Declarant reserves the right to revise any Plat and change any building setback line shown on the original
Plat provided that any minimum setback line shown on a revised Plat shall not be less than applicable zoning
ordinances. No building or other accessory building and structure incidental to the residential use of each Lot shall
be located outside of the setback lines shown on the Plat of the Lot or nearer to a side or rear lot line than permitted
by applicable County zoning ordinances. For purposes of determining compliance or noncompliance with the
foregoing building line requirements, decks, porches, terraces and wing-walls shall be considered as part of the
structure and will not be allowed to encroach into side or rear yard setbacks,except upon approval by the Committee
(as defined in Article X)in accordance with the terms of Article X. However,this provision shall not be construed to
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BK:OO422 PG:O447
authorize or permit encroachment of any structure upon any easement shown on the Plat of each Lot or reserved herein
or upon any other Lot.
Section 2. Buffers. Each Lot shall comply with all buffer requirements applicable thereto as shown on the
Plat of the Lot.
Section 3. Unintentional Violations. In the event of the unintentional violation of any of the building line
restrictions set forth herein,Declarant,or Declarant's assigns,reserve the right,by and with the mutual written consent
of the Owner or Owners for the time being of such Lot, to change the building line restriction; provided, however,
that such change shall not be in violation of any provision of the zoning ordinances of the County, nor serve as
precedent for other Lots.
Section 4. Maintenance of Lot. Each Owner shall keep such Owner's Lot in an orderly condition and shall
keep the improvements thereon in a suitable state of repair, promptly repairing any damage thereto by fire or other
casualty.
Section 5. Combination or Subdivision of Lots. No Lot within the Village of Beau's View at Olde Beau
Luxury Motorcoach Resort may be able to be combined or subdivided except as outlined in Article VIII, Section 3.
Section 6. Turnaround Area Parking. No Motorcoach, vehicle,motorcycle,golf cart,trailer,car dolly,etc.
may be parked on either side of the street closer than fifty feet(50')from the beginning of the turnaround or within
the turnaround area at any time. This area should be kept clear at all times.
Section 7. Onsite Wastewater Treatment and Drip Dispersal System Owner.care&maintenance- Every
septic system will benefit if treated with care. Each Owner shall be responsible to ensure any Person,Owner and or
Occupant of a Motor Coach, Lot and or Coach House is aware and follows the following recommended care steps
outlined below. Your septic tank and SeptiTech®treatment system relies on bacterial action to work.
(a) Use of Chemical and Toxins- Please avoid the heavy use of bleach as much as possible. If bleach
must be used,use it sparingly and spread out its use over time so the bacteria in the system are not all depleted.
Likewise,do not flush antibiotic pills or any medication into the system as they can also kill the bacterial action in
the septic and processor tanks. Examples of other items you cannot put down the drain—Antifreeze,Automotive
Fluids,Caustic Cleaners, Harsh Detergents, Floor Strippers, Herbicides,Pesticides, Paints,Quaternary Ammonia,
Solvents, Thinners, etc.
(b) Laundry/Water Usage-When doing laundry, spread wash loads throughout the week to minimize
daily water consumption. Instead of liquid softener, dryer sheets should be used. Use low-sud biodegradable
detergents.
(c) Trash&Garbage Disposals-Always keep bandages,condoms,sanitary napkins, disposable
diapers,animal bones, egg shells,coffee grounds,corn cobs,melon rinds, fruit peels, skin,home brewery waste,cat
litter, cigarette butts, plastic,excessive cooking grease,and non-biodegradable materials out of the system. Use of
sink grinders(garbage disposals)can result in heavy and inconsistent load of organic materials into the system and
are therefore not allowed.
(d) Paper Product-Use single or double ply,non-quilted,white toilet paper products. Some color
dyes in the paper cannot be eaten by natural bacteria. Non-bleached paper(brown in color)takes longer to break
down and can therefore increase your bio solids pump frequency. Avoid flushing paper towels,napkins, wet wipes
or other thicker material.
(e) Fats,Oils, and Grease- Be aware,too much grease(i.e. animal fats,vegetable oils, lard,etc.)
down the drain may overload or prevent the bacteria from fully breaking down the waste.
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(0 Discharges from Potable Water Treatment Systems-Discharges from water treatment systems,
such as water softeners or water filtration systems that require back flushing,are not considered wastewater and
should never be pumped into a septic system.
(g) The Onsite Wastewater Treatment and Drip Dispersal System is designed to handle 4560 gallons
of water per day. Each lot shall not exceed 240 gallons per day.
(h) Plumbing Fixture Maintenance-Plumbing fixtures such as toilet bowl fill valves and faucets
should be maintained to ensure that leaks do not cause excess water to enter the septic system.
(i) Condensate Water from and HVAC system is not allowed to drain into the sewage system.
0) Additives-Never use toilet tablets or products such as Drain-O as these products will deplete
necessary bacteria from the septic system.Never use septic tank additives of any kind. Most are harmful to the
system and none have any positive effect.
ARTICLE IX
INDEMNIFICATION OF DIRECTORS AND OFFICERS
Neither Declarant and/or Developer nor any Member, nor the Board,nor the Association,nor any officers,
directors, members,managers, agents or employees of any of them shall be personally liable for debts contracted for
or otherwise incurred by the Association or for a tort of another Member,whether or not such other Member was
acting on behalf of the Association or otherwise.Neither Declarant nor the Association, nor their directors,officers,
members,managers,agents or employees shall be liable for any incidental or consequential damages for failure to
inspect any premises, improvements or portions thereof or for failure to repair or maintain the same. Declarant
and/or Developer,the Association or any other person, firm or association making such repairs or maintenance shall
not be liable for any personal injury or other incidental or consequential damages occasioned by any act or omission
in the repair or maintenance of any premises, improvements or portions thereof.
The Association shall,to the extent permitted by applicable law, indemnify and defend all members of the
Board from and against any and all loss,cost,expense,damage,liability,claim,action or cause of action arising
from or relating to the performance by the Board of its duties and obligations,except for any such loss,cost,
expense,damage, liability,claim,action or cause of action resulting from the gross negligence or willful misconduct
of the person(s)to be indemnified.
The Association shall indemnify any director or officer or former director or officer of the Association or
any person who may have served at the request of the Association as a director or officer of another corporation,
whether for profit or not for profit,against expenses(including attorneys'fees)or liabilities actually and reasonably
incurred by him in connection with the defense of or as a consequence of any threatened,pending or completed
action, suit or proceeding(whether civil or criminal) in which he is made a party or was(or is threatened to be
made)a party by reason of being or having been such director or officer,except in relation to matters as to which he
shall be adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct in the
performance of a duty.
The indemnifications provided herein shall not be deemed exclusive of any other rights to which those
indemnified may be entitled under any statute,bylaw,agreement,vote of members or any disinterested directors or
otherwise and shall continue as to a person who has ceased to be a director,officer,employee or agent and shall
inure to the benefit of the heirs, executors and administrators of such a person.
The Association shall make efforts to purchase and maintain insurance on behalf 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
against any liability asserted against him and incurred by him in such capacity,or arising out of his status as such,
whether or not the Association would have the power to indemnify him against such liability.
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13K:00422 PG:0449
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 shall 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
Beau's View as determined by the Declarant and/or Developer.
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(d) Exterior Materials for Veneer-Exterior siding and colors thereof are to be selected from an
approved list by the Declarant and/or Developer.
(e) Roofing Material -Roof coverings will be selected from an approved list by the Declarant and/or
Developer.
(f) Doors and Windows-Single Hung windows with GBG(grills between the glass)and Exterior
doors with a"Craftsmen"style,color to be selected from an approved list by the Declarant and/or Developer.
Window Screens are allowed on all four elevations but must be kept clean of cob webs,pollen,etc.
(g) Coach House Numbers-House numbers to be minimum 4"black elevated profile.
(h) Additional Landscape Requirements for the Coach House—Minimum accepted landscaping as
approved by the Declarant and/or Developer.
0) Additional Coach House Screening Requirements,Trash Containers, HVAC units,hot tubs,
exterior grills,exterior kitchens(not under the roof of the Coach House),above ground propane bottles,etc. are to
be kept screened from view of the street,and neighbors with evergreen landscaping.
ARTICLE XI
COMMON AREA AND LOT MAINTENANCE
Section 1. Maintenance by Association. The Association shall repair and maintain the Common
Areas(including,without limitation,the Entrance Gates,the Entrance Monument, Onsite Waste Water Treatment
and Drip Dispersal System,the Septic Areas and Easement and Common Area and each Lot is subject to an Annual
Assessment and/or Special Assessment for such maintenance as provided in this Declaration. The Board shall have
sole discretion as to the timing and necessity of maintenance activities.
The Association shall provide landscape maintenance in the Common Areas,at the times determined by the
Board of Directors,hereinafter defined as mowing,blowing,edging,fertilization, insect,weed and disease control,
and maintenance of lawns; conduct trimming and replacement of trees and shrubs;refurbishment of mulch in the
landscaped bed areas;and other exterior improvements in the Common Area constructed or installed by Declarant
and/or Developer,and/or the Approved Builder.
The Association shall have exclusive control to provide landscape maintenance on each Owner's Lot at the
times determined by the Board of Directors of the Association,hereinafter defined,as mowing,blowing,and edging
of lawns on each Lot. Where it is stated herein that the Association has "exclusive control", it means the Owners of
the Lots shall not be required,or entitled,to conduct such activities, it being the intent of the Association to control
such activities for the purpose of maintaining uniformity within the Property as included within the Annual
Assessment of each Lot.
The Association,after transfer of ownership of the Onsite Waste Water Treatment and or Drip Dispersal
System to it by the Developer, shall thereafter properly maintain,operate,and repair the system in accordance with
laws,rules,and the conditions of the permit as well as the 4"sewer mains located within the Utility Easement. The
Association shall levy and collect the assessments provided for in its Declaration, including special or additional
assessments; and, in the event that the sum realized by the levy of such assessments shall not be adequate to
maintain,operate,and repair the system as required by laws and conditions of the permit,the Association shall take
such action as is necessary to secure funds adequate for such purposes. The Association, in its duly filed
Declaration,shall identify the entire wastewater collection,treatment and disposal system as a Common Area which
will receive the highest priority for expenditures by the Association, except for Federal,State,and local taxes and
insurance. The Association, upon dissolution, shall provide for the continued proper operation,maintenance, and
repair of its wastewater collection,treatment and disposal system. The Association, except upon dissolution,shall
not transfer, convey, assign,or otherwise relinquish or release its responsibility for the operation, maintenance,and
repair of its wastewater collection,treatment,and disposal system. A Certified Subsurface System Operator shall be
contracted by the Board of Directors to operate the Onsite Waste Water Treatment and Drip Dispersal System. The
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BK:00422 PG:0451
operator shall inspect the system monthly and report findings to the Board of Directors monthly and the health
department semi-annually. The health department shall review/inspect system operation annually per the original
permit documents from the state of North Carolina.
Section 2. Maintenance by Owners. Except for the Association's specific obligations set forth
herein and the Olde Beau Owners Association, Inc.'s specific obligations set forth in the Olde Beau Declaration,
each Owner shall,at all times, maintain,repair and otherwise be responsible for such Owner's Lot,Coach House,
Lot Pad and Motor Coach including all Structures, Water Service Line, Private Sewer Line,private utility lines,
walkways, landscaping beyond what is included by the Association, and other improvements thereon to the extent
not maintained by the Association or a public authority.
The Owner shall be responsible for;(i)the replacement in a timely manner of any dead tree(s)that are required by
the Declaration and all shrubs located on the Lot;(ii)to conduct trimming of shrubs in the landscaped areas;(iii)any
fertilization, insect,weed and disease control of the lawn;(iv)the refurbishment of mulch in all landscape beds at
least once per season;(v)repair, maintenance, and pressure washing of the Lot Pad as located on the Owner's Lot
for which all of the costs shall be the responsibility of each individual Owner.
If an Owner purchases a Coach House from the Approved Builder,the Owner shall be responsible for maintaining
the exterior of the Coach House. The Owner shall provide exterior maintenance on the Coach House,the cost for
which each Owner shall be individually responsible which could include but not limited to;(i)repair and
replacement of all glass surfaces on said Coach House;(ii)repair and replacement of all exterior doors and window
frames in said Coach House;(iii)repair,maintenance,pressure washing, and repainting of said Coach House; (iv)
roof repair and maintenance, including but not limited to, such repairs and maintenance as may be necessary to stop
or prevent leaks and removal of mildew,algae and other stains on said Coach House;(v)removal of debris from
gutters on said Coach House.
An Owner shall be responsible for replacement and reconstruction of improvements on such Owner's Lot
required because of damage or destruction by fire or other casualty.No structure shall be placed or permitted to
remain on any Lot which may damage or interfere with the use,maintenance,repair or replacement of drainage
facilities,swales and appurtenances and no Owner shall do any work, construct any improvements,place any
landscaping or suffer the existence of any condition whatsoever which shall alter or interfere with the drainage
pattern for the Lots, Septic Area or any Common Areas. Each Lot owner is responsible to follow the Onsite
Wastewater Treatment and Drip Dispersal System Owner care&maintenance outline in Article VIlI, Section 1.
Section 3. Negligence. The cost of repair or replacement of any improvement to be maintained and
kept in repair by the Association,which repair or replacement is required because of the act or omission of any
Owner,shall be the responsibility of and paid for by such Owner.
Section 4. Right to Enter. In addition to the easements set forth in Article XII thereof,after
reasonable notice to the occupant,the Association or its agents shall have access over and upon any Lot when
necessary in connection with any violation,repair,maintenance,or replacement of improvements for which the
Association is responsible or for the enforcement of this Declaration, and each Owner shall accept title to such
Owner's Lot subject to such right of access of the Association or its agents. By way of illustration,and not
limitation,the Association may repair, maintain and replace drainage facilities and/or drainage swales on a Lot.
Section 5. Failure to Maintain by Owner. All maintenance required by Owners under this Article
XI shall be performed in a manner consistent with the Declaration, By Laws, Architectural Design Guidelines and
all other applicable rules and regulations. If any Owner of a Lot fails properly to perform such Owner's maintenance
responsibilities or removes trees,shrubs or any other vegetation without Committee's approval,the Association,
after giving Owner a minimum of seven(7)days'written notice to cure the failure to maintain,shall have the right,
but not the obligation,to enter such Owner's Lot to maintain said Lot and assess all costs incurred by the
Association against the Lot and the Owner thereof as a Special Individual Assessment as provided in Section 5 of
Article V.
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BK:0O422 PG:0452
ARTICLE XII
EASEMENTS AND OTHER RIGHTS
Declarant and/or Developer, in addition to any other easements granted or reserved herein, hereby reserves
unto itself,and its successors and assigns,and grants to the Association and any other persons or entities hereinafter
set forth,the following non-exclusive easements on,upon,over,across,through and under the Property. In addition,
Declarant and/or Developer hereby reserves unto itself,and its successors and assigns,the right,on behalf of itself
and the Association,to grant additional easements on,upon, over,across,through and under the Common Areas and
any portion of the Property owned by Developer as deemed to be in the best interests of and proper for Village of
Beau's View at Olde Beau Luxury Motorcoach Resort, including,but not limited to,easements in favor of the
Declarant,the Developer,the Association,any designees of the foregoing,the Owners,and all their family
members, guests, invitees and lessees and to various governmental and quasi-governmental authorities and agencies
and private concerns for the purposes and uses hereinafter specified.
Section 1. Easements and Cross Easements on Common Areas. Declarant and/or Developer,for
their selves,and its designees and the Association,reserve the right to impose upon the Common Areas henceforth
and from time to time such easements and cross easements for ingress and egress, installation, maintenance,
construction and repair of utilities and facilities including,but not limited to,electric power,telephone,cable
television,antenna transmission,surveillance services,governmental and quasi-governmental purposes, sewer,
water,gas,drainage, landscape/irrigation,storm water management, lighting,television transmission,garbage and
waste removal,emergency services, and the like as it deems to be in the best interests of,and necessary and proper
for,Jetton Place or any portion thereof.
Section 2. Use of Common Areas. Declarant and/or Developer declares that the Common Areas
are subject to a perpetual nonexclusive easement in favor of Declarant and/or Developer,the Association and their
designees,the Owners and all their family members,guests, invitees and lessees,and appropriate governmental and
quasi-governmental agencies to use the Common Areas for all proper and normal purposes including,but not limited
to,ingress,egress and access for the furnishing of services and utilities and for such use of the facilities as the same
are reasonably intended in accordance with the terms of this Declaration. If ingress or egress to any Lot or other
portion of the Property is through any Common Area,any conveyance or encumbrance of such area is subject to this
easement.
Section 3. RiON of the Association Declarant to Enter Upon the Common Areas and Common
Easement Areas. Declarant and/or Developer hereby reserves for the benefit of itself,and its successors in interest
and assigns,and grant to the Association and all agents,employees or other designees of the Declarant,or the
Association an easement for ingress,egress and access to enter upon or over the Common Areas and Common
Easement Areas for the purposes of inspecting any construction,proposed construction,or Improvements or
fulfilling the rights,duties and responsibilities of ownership, administration, maintenance and repair of the Declarant
and/or Developer,or the Association,as appropriate. Such easernent includes an easement in favor of the
Association,the Declarant and/or the Developer to enter upon the Common Areas and Common Easement Areas
now or hereafter created to use,repair,maintain and replace the same for the purposes for which they are initially
designated or for such purposes as they are hereafter re-designated or as Declarant and/or Developer otherwise
determines them to be reasonably suited.Notwithstanding the foregoing, nothing contained herein shall be
interpreted as imposing any obligation upon the Association,or Declarant and/or Developer to maintain,repair,or
replace any areas or any Improvements on any Lot, all of which the Owner of the applicable Lot is required to
maintain,construct or repair.
Section 4. Easement for Encroachments. Declarant and/or Developer hereby reserves,for the
benefit of itself,and its successors in interest and assigns, and grants to the Association,the Owners,their successors
and assigns, and to the Occupants of Lots,easements for encroachments,to the extent necessary, in the event any
portion of the Improvements located on any portion of the Property now or hereafter encroaches upon any of the
remaining portions of the Property as a result of minor inaccuracies in survey,construction or reconstruction, or due
to settlement or movement. Any easement(s) for encroachment shall include an easement(s)for the maintenance and
use of the encroaching Improvements in favor of Declarant and/or Developer,the Association,the Owners and all
their designees,
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BK:00422 PG:0453
Section 5. Utility and Drainage Easements. The Property shall be subject to all easements and
rights of way for utilities and drainage shown on any Plat. Such easements are hereby reserved for the use of
Declarant and/or Developer and their successors and assigns, and are hereby established for the use of the
Association, its successors and assigns. Within the above described easements no structure,planting or other
material shall be placed or permitted to remain which may damage or interfere with the installation of utilities. In no
event shall improvements change the direction or flow of drainage channels or create erosion problems in the
easements. Any improvements or obstructions placed within easements shall be subject to removal or relocation
without replacement as may be necessary for emergency service or maintenance operations by the Association or
appropriate governmental authority. Such approved improvements shall be done at the Lot Owner's risk of removal.
This reservation of easements shall not prohibit the construction of driveways, at locations approved by the
Architectural Design Guidelines,over such easements.
Section 6. Declarant's Right to Assign Easements; Maintenance of Common Easement Areas.
Declarant and/or Developer shall have the right to assign and convey, in whole or in part,the easements reserved by
Declarant and/or Developer hereunder.The areas burdened by the easements and rights of way reserved by
Declarant and/or Developer on each Lot or other portion of the Property pursuant hereto, including any
Improvements in such areas,which are not to be maintained by the Association or a public authority or utility,shall
be maintained continuously by each Owner of such Lot or other portion of the Property. Declarant and/or the
Developer and Association may exercise the rights reserved in Article XI hereof for the purpose of enforcing the
provisions of this Section 6.
Section 7. Easement Reserved for the Association and Declarant. Full rights of access, ingress and
egress are hereby reserved by Declarant and/or Developer for their self and the Association at all times over and
upon any Lot,Common Area or other portion of the Property for the exercise of the easement rights described in this
A 1 iicle XII and for the carrying out by Declarant and/or Developer or the Association of the rights,functions,duties
and obligations of each hereunder; provided,that any such entry by the Declarant and/or Developer or the
Association upon any Lot or portion of the Property shall be made with the minimum inconvenience to the Owner of
such property as is reasonably practical, and any damage caused as a result of the gross negligence of the Declarant
and/or Developer,the Association or their employees or agents shall be repaired by the Declarant and/or Developer
or the Association,as the case may be,at the expense of the Declarant and/or Developer or the Association,as the
case may be. This shall not apply to damages to property or improvements located on or over established easements
or rights-of-way that may be damaged,removed or relocated as required for emergency or easement maintenance.
The Lot Owner shall be responsible for the repair/replacement of improvements and for identifying and/or locating
any underground improvements within easement or right-of-way areas upon request.
Section 8. Additional Easements. Declarant and/or Developer shall have the right to grant over,
under, across and upon any portion of the Property owned by Declarant and/or Developer,and the Board shall have
the authority, in its sole discretion,to grant over,under,across and upon the Common Areas, such easements,rights
of way,licenses and other-rights in accordance with or to supplement the provisions of this Declaration or as may
otherwise be desirable for the development of the Property,by the execution, without further authorization,of such
grants of easement or other instruments as may from time to time be necessary or desirable. After such time as the
members of the Board are no longer appointed by Declarant and/or Developer,the Board shall cooperate with
Declarant and/or Developer and execute such grants of easements over the Common Areas as may be desirable to
Declarant for the development of the Property and the preservation and enhancement of Declarant's and/or
Developer's interests therein.
Section 9. No Merger of Easements. The easements hereby established shall not be terminated by
merger or otherwise,except upon execution and recordation of an instrument specifically terminating any such
easement.
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BK:OO422 PG:O454
ARTICLE XIII
EMINENT DOMAIN (CONDEMNATION)
In the event of a taking of all or any portion of a Lot or all any portion of the Common Areas by eminent
domain,or by conveyance in lieu thereof,the awards paid on account thereof shall be applied in accordance with
Section 47F-1-107 of the Act.
ARTICLE XIV
TERMINATION OF PLANNED COMMUNITY
Village of Beau's View at Olde Beau Luxury Motorcoach Resort,a planned community under the Act,may be
terminated only in strict compliance with Section 47F-2-118 of the Act.
ARTICLE XV
AMENDMENT, RESERVATION OF SPECIAL DECLARANT RIGHTS
This Declaration may be amended only in strict compliance with the Act, including,without limitation, Section 4717-
2-117 of the Act,except that no Amendment altering or impairing Special Declarant Rights may be made without
the written consent of the Declarant,the right to exercise any and all Special Declarant Rights being hereby reserved
to Declarant.
ARTICLE XVI
GENERAL PROVISIONS
Section 1. Enforcement. The Declarant and/or Developer,the Association or any Owner,shall have
the right to enforce, by any proceeding at law or in equity against any person or persons violating or attempting to
violate any restriction, condition,covenant,reservation, lien and charge now or hereafter imposed by the provisions
of this Declaration,either to restrain or to enjoin violation or to recover damages,and against the land to enforce any
lien created by this Declaration. Failure or forbearance by the Declarant and/or Developer,the Association or by any
Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to
do so thereafter.
Section 2. Conflict with the Act; Severability. Should any of the terms,conditions,provisions,
paragraphs, or clauses of this Declaration conflict with any provisions of the Act,the provisions of the Act shall
control unless the Act permits the Declaration to override the Act, in which event the Declaration shall control. The
invalidity of any covenant, restriction,condition, limitation,provision,paragraph or clause of this Declaration,or
any part of the same,or the application thereof to any person or circumstance, shall not impair or affect in any
manner the validity,enforceability or effect of the rest of this Declaration,or the application of any such covenant,
restriction, condition, limitation,provision,paragraph or clause to any other person or circumstance.
Section 3. Amendment. Subject to the provisions of Article XV hereof,the covenants and
restrictions of this Declaration shall run and bind the land, for a term of thirty(30)years from the date this
Declaration is recorded, after which time they shall be automatically extended for successive periods often(10)
years unless terminated or altered by a vote of seventy-five(75%)percent of a vote of the Owners after the
expiration of said thirty(30)year period. This Declaration may be amended during the first thirty(30)year period
by an instrument signed by the Owners of not less than eighty percent(80%)of the Lots,and thereafter by an
instrument signed by the Owners of not less than seventy-five percent(75%)of the Lots;provided, however,that
Declarant's rights hereunder may not be amended or altered without Deelarant's prior written consent. Any
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BK:OO422 PG:O455
amendment must be properly recorded in the Office of the Register of Deeds for Alleghany County,North Carolina
and shall take effect only upon such recording.
Section 4. Interpretation of Declaration. Whenever appropriate,singular may be read as plural,
plural may be read as singular,and the masculine gender may be read as the feminine or neuter gender.Compound
words beginning with the prefix "here" shall refer to this entire Declaration and not merely the part in which they
appear.
Section 5. Captions. The Captions herein are only for convenience and reference and do not define,
limit or describe the scope of this Declaration, or the intent of any provision.
Section 6. Law Controlling, This Declaration shall be construed and controlled by and under the
laws of the State of North Carolina.
Section 7. Notices. Any notice required to be sent to any Member of Owner under the provisions
of this Declaration shall be deemed to have been properly sent when mailed,by ordinary mail,postpaid,to the last
known address of the person who appears as Member or Owner on the records of the Association at the time of such
mailing.
Section 8. Conflicts. In the case of any conflict between this Declaration and either the Articles of
Incorporation or the By Laws of the Association,this Declaration shall control.
Section 9. Condemnation. Subject to the provisions of Article XI11 hereof, in the event any
Common Area or any portion thereof is made the subject matter of any condemnation or eminent domain
proceedings or other sought to be acquired by a condemning authority,the proceeds of any award or settlement shall
be distributed to the Association for the common benefit of the Owners and their mortgagees,as their interests
appear.
Section 10. Disclaimer. Notwithstanding anything contained herein or in the Articles of
Incorporation, By Laws, Rules or Regulations or any other document governing or binding the Association
(collectively the "Association Documents"),the Association or the Declarant and/or Developer shall not be liable or
responsible for, or in any manner a guarantor or insurer of, the health,safety or welfare of any Member,occupant or
user of any portion of the Property, including,without limitation,Owners and their respective families,guests,
invitees,agents,servants,contractors or subcontractors or for any property of any such persons. It is the express
intent of the Association Documents that the various provisions thereof that are enforceable by the Association and
govern or regulate the uses of the Property have been written,and are to be interpreted and enforced, for the sole
purpose of maintaining the enjoyment of the Property. The Association and the Declarant and/or Developer are not
empowered,and have not been created,to act as an entity which enforces or ensures any other individual's or entity's
compliance with the laws of the United States, State of North Carolina or any other jurisdiction or the prevention of
criminal,tortuous or like regulated activities. Every Owner,by taking title to any part of the Property,covenants and
agrees to hold harmless and to indemnify the Association,the Declarant and/or Developer,and their respective
directors,trustees,officers,agents,parties and affiliates from and against all claims of any kind whatsoever by an
invitee, licensee, family member,employee or other representative or agent of that Member for any loss or damage
arising in connection with the use, ownership or occupancy of any portion of the Property.
Section 11. Construction Activities. All Owners,occupants,and users of Lots are hereby placed on
notice that Declarant and/or Developer,Approved Builders,and/or their agents, contractors,subcontractors,
licensees,and other designees, successors,or assigns, may, from tirne to time,conduct blasting,excavation,
construction,and other activities within Village of Beau's View at Olde Beau Luxury Motorcoach Resort and Olde
Beau. By the acceptance of a deed or other conveyance or mortgage, leasehold, license, or other interest, and by
using any portion of a Lot or Village of Beau's View at Olde Beau Luxury Motorcoach Resort generally,the
Owners and all occupants and users of Lots acknowledge, stipulate, and agree(a)such activities shall not be deemed
nuisances,or noxious or offensive activities,under any applicable covenants or at law generally;(b)not to enter
upon, or allow their children or other Persons under their control or direction to enter upon(regardless of whether
such entry is a trespass or otherwise)any property within or in proximity to the Lot where such activities are being
conducted(even if not being actively conducted at the time of entry, such as at night or otherwise during non-
working hours);(c)that Declarant and/or Developer,Approved Builders,and all of their agents,contractors,
subcontractors, licensees,and other designees, successors, and assigns, shall not be liable but, rather,shall be held
23

BK:OO422 PG:O456
harmless for any and all losses,damages(compensatory,consequential,punitive, or otherwise), injuries,or deaths
arising from or relating to the aforesaid activities; (d)that any purchase or use of any portion of a Lot has been and
will be made with full knowledge of the foregoing;and(e)this acknowledgment and agreement is a material
inducement to Declarant and/or Developer and Approved Builders to sell,convey, lease,and/or allow the use of
Lots within Village of Beau's View at Olde Beau Luxury Motorcoach Resort.
Section 12. No Liability for Third Party Acts. Owners and Occupants of Lots,and their respective
guests and invitees, are responsible for their own personal safety and for their property in Village of Beau's View at
Olde Beau Luxury Motorcoach Resort.The Association may,but is not obligated to,maintain or support certain
activities within Village of Beau's View at Olde Beau Luxury Motorcoach Resort which promote or enhance safety
or security within Village of Beau's View at Olde Beau Luxury Motorcoach Resort. However,the Association,
Declarant and/or Developer, and Approved Builders shall not in any way be considered insurers or guarantors of
safety or security within Village of Beau's View at Olde Beau Luxury Motorcoach Resort,nor shall they be held
liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security
measures undertaken.
No representation or warranty is made that any systems or measures, including fire protection,burglar
alarm,or other security monitoring systems, or any mechanism or system for limiting access to Village of Beau's
View at Olde Beau Luxury Motorcoach Resort, cannot be compromised or circumvented,nor that any such systems
or measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is
designed or intended. Each Owner acknowledges,understands,and shall be responsible for informing such Owner's
tenants and all occupants of such Owner's Lot that the Association,the Board and its committees,Declarant and/or
Developer,and Approved Builder are not insurers or guarantors of security or safety and that each Person within
Village of Beau's View at Olde Beau Luxury Motorcoach Resort assumes all risks of personal injury and loss or
damage to property, including Lots and the contents of Lots,resulting from acts of third parties.
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of this 911'day of
September,2021.
SIGNATURES AND ACKNOWLEDGEMENTS ON FOLLOWING PAGES
24

BK:00422 PG:0457
NEWCO HOLD N LLC,allorth r mite, liability. company
By:
A. W acker, Manager
STATE OF NORTH CAROLINA
COUNTY OF ALLEGHANY
I,a Notary Public for said County and State,certify that A. W.Packer,either being personally known to me or
proven by satisfactory evidence personally came before me this day and acknowledged he is the Manager of
NEWCO HOLDINGS LLC,a North Carolina limited liability company,and that he,being authorized to do so,
voluntarily executed the foregoing instrument on behalf of the limited liability company for the purposes stated
therein.
Witness my hand and official starnp or seal,this 911,day of September,2021
otary Public
My Commission Expires: -
a-77 ODRO KAivo IN M. HOUCK
NOTARY PUBLIC
Alleghany County,
North Carolina

BK:00422 PG:0458
NEW O NGS , a rth Carolina limited liability company
By: --
ar, Poole, nager
STATE OF NORTH CAROLINA
COUNTY OF ALLEGHANY
I,a Notary Public for said County and State,certify that Barry Poole,either being personally known to me or proven
by satisfactory evidence personally came before me this day and acknowledged he is the Manager of NEWCO
HOLDINGS, LLC,a North Carolina limited liability company,and that he,being authorized to do so,voluntarily
executed the foregoing instrument on behalf of the limited liability company for the purposes stated therein.
Witness my hand and official stamp or seal,this 9'day of September,2021
Notary Public
My Commission Expires:
IS a� a � KAII'LIN M. HOUCK
NOTARY PUBLIC
Alleghany County,
North Carolina

BK:00422 PG:0459
VILLAGE OF Beau's View AT OLDE BEAU HOMEOWNERS ASSOCIATION, INC.
ARTICLE I
Name Principal Office and Definitions
I.1 Name. The name of the Corporation shall be Village of Beau's View at Olde Beau Homeowners
Association, Inc.(for convenience sometimes referred to as the"Association").
1.2 Principal Office. The principal office of the Association shall be located at 729 Olde Beau Blvd,
Roaring Gap NC 28668 in Alleghany County, North Carolina and the mailing address is P.O. Box 32, Roaring Gap
NC 28668. The Association may have such other offices, either within or outside the State of North Carolina,as the
Board of Directors or the officers of the Association may determine.
I.3 Definitions. The words used in these By-Laws shall generally be given their normal, commonly
understood definitions unless otherwise specified. Capitalized terms shall have the same meaning set forth in the
Declaration of Covenants, Conditions and Restrictions for Village of Beau's View recorded in the Office of the
Register of Deeds for Alleghany County, North Carolina, as amended or supplemented from time to time (the
"Declaration").
ARTICLE 11
Membership Meetings,Votiny,
11.1 Membership. Every Owner of a Lot which is subject to assessment shall be a Member of the
Association. Membership small be appurtenant to and may not be separated from ownership of a Lot.
11.2 Place of Meetings. Meetings of the Association shall be held at the principal office of the
Association or at such other suitable place convenient to the Members as may be designated by the Board of Directors
either within the Property or as convenient thereto as possible and practical.
IL3 Annual Meetings. The first meeting of the Members of the Association,whether a regular or special
meeting, shall be held within two (2) years from the date of incorporation of the Association. Subsequent regular
annual meetings shall be set by the Board of Directors so as to occur on or within ninety(90)days after the close of
the Association's fiscal year on a date and at a time set by the Board of Directors.
11.4 Special Meetings. The President may call special meetings. In addition, it shall be the duty of the
President to call a special meeting if so directed by resolution of the Board of Directors or upon a petition signed by
at least twenty percent(20%)of the Members.
IL5 Notice of Meetings. Written or printed notice stating the place,day,and hour of any meeting of the
Members shall be delivered, either personally or by mail,to each Member entitled to vote at such meeting, not less
than thirty (30) nor more than sixty (60) days before the date of such meeting, by or at the direction of the President
or the Secretary or the officers or persons calling the meeting.
If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United
States mail addressed to the Member at such Member's address as it appears on the records of the Association, with
postage prepaid.
11.6 Waiver of Notice. Waiver of notice of a meeting of the Members shall be deemed the equivalent of
proper notice. Any Member may, in writing,waive notice of any meeting of the Members,either before or after such
meeting. Attendance at a meeting by a Member shall be deemed waiver by such Member of notice of the time,date,
and place thereof, unless such Member specifically objects to lack of proper notice at the time the meeting is called to
order. Attendance at a special meeting also shall be deemed waiver of notice of all business transacted unless an
objection on the basis of lack of proper notice is raised before the business is put to a vote.
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II.7 Adjournment of Meetings. If any meeting of the Association cannot be held because a quorum is
not present, a majority of the Members who are present at such meeting may adjourn the meeting to a time not less
than five(5)nor more than thirty(30)days from the time the original meeting was called. At the reconvened meeting,
if a quorum is present, any business may be transacted which might have been transacted at the meeting originally
called. If a time and place for reconvening the meeting is not fixed by those in attendance at the original meeting or
if for any reason a new date is fixed for reconvening the meeting after adjournment, notice of the time and place for
reconvening the meeting shall be given to Members in the manner prescribed for regular meetings.
The Members present at a duly called or held meeting at which a quorum is present may continue
to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum,
provided that any action taken is approved by at least a majority of the votes required to constitute a quorum.
II.8 Voting. The voting rights of the Members shall be as set forth in the Declaration, and such voting
rights provisions are specifically incorporated herein by reference. In the case of any action requiring the written
consent of a Member,such consent, if given,shall be executed by the Member or on behalf of the Member by its duly
authorized partner, officer or manager, as the case may be.
II.9 Proxies. At all meetings of Members, each Member may vote in person (if a partnership, limited
liability company or corporation, through any duly authorized general partner, manager, or officer or director,
respectively) or by proxy. All proxies shall be in writing, signed by the Member, dated and filed with the Secretary
of the Association prior to any meeting for which it is to be effective. Every proxy shall be revocable and shall
automatically cease to be effective upon receipt by the Secretary of written revocation,or upon the expiration of eleven
(1 I)months from the date of the proxy.
II.10 Majority. As used in these By-laws,the term "majority" shall mean more than fifty percent(50%)
of the total number of persons or votes,as the context may indicate.
II.11 Quorum. Except as otherwise provided in these By-Laws or in the Declaration, the presence, in
person or by proxy, of Members representing at least ten percent (10%) of the total votes of the Members of the
Association shall constitute a quorum at all meetings of the Association.
II.12 Conduct of Meetings. The President or Vice President shall preside over all meetings of the
Association, and the Secretary shall keep the minutes of the meetings and record in a minute book all resolutions
adopted such meetings,as well as a record of all transactions occurring at meetings.
11.13 Action without a Meeting. Any action required or permitted by law to be taken at a meeting of the
Members may be taken without a meeting, without prior notice and without a vote, if written consent specifically
authorizing the proposed action is signed by or on behalf of all Members entitled to vote on such matter. Such consents
shall be filed with the minutes of the Association,and shall have the same force and effect as a unanimous vote of the
Members at a meeting.
ARTICLE III
Board of Directors: Number Meetings, Powers
A. Composition and Selection.
II1.1 Governing Bodes Composition. The affairs of the Association shall be governed by a Board of
Directors. Each director shall have one equal vote. Any officer or director of a Member, or any other individual
specifically authorized by the Member to act on its behalf in a written instrument filed with the Secretary of the
Association, shall be eligible to serve as a director, provided such officer, director or individual is 18 years of age or
older. Upon termination of any such individual's relationship with the Member, such individual shall be deemed to
have resigned from the Board of Directors and a successor shall be appointed in the manner provided in Section II1.3.
111.2 Number of Directors. The Board of Directors shall consist of three(3)to five(5)directors.
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BK:00422 PG:0461
1I1.3 Selection of Directors.
(a) As of the date of adoption of these By-Laws,the initial Board of Directors shall consist of President-
A.W. Packer, Vice President- Barry Poole, Treasurer and Secretary Laura Poole which will serve until the Turnover
Date.
(b) On the Turnover Date, President- A.W. Packer, Vice President- Barry Poole, Treasurer and
Secretary Laura Poole shall resign. At such time, the Declarant shall appoint a new Board of Directors which will
consist of only Members. This initial Member board will serve for a period of two years and thereafter directors(or
any director)shall be elected by the Members at the annual meeting or any special meeting called for such purpose.
(c) Members shall elected up to five (5) directors for a term of one year. At each annual meeting
thereafter,the Members shall elect directors for a term of one(1)year.
(d) Directors may be appointed or elected to serve any number of consecutive terms.
B. Meetings.
IIL4 Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place
as shall be determined from time to time by a majority of the directors, but at least one such meeting shall be held
during each fiscal year. Notice of the time and place of the meeting shall be communicated in writing to directors not
less than four(4)days prior to the meeting;provided,however,notice of a meeting need not be given to any director
who has signed a waiver of notice or a written consent to holding of the meeting.
111.5 Special Meetings. Special meetings of the Board of Directors shall be held when called by written
notice signed by the President of the Association or by any two directors. The notice shall specify the time and place
of the meeting and the nature of any special business to be considered. The notice shall be given to each director by
one of the following methods: (a) by personal delivery; (b)written notice by first class mail, postage prepaid; (c)by
telephone communication, either directly to the director or to a person at the director's office or home who would
reasonably be expected to communicate such notice promptly to the director; or(d) by facsimile, with confirmation
of transmission. All such notices shall be given at the director's telephone number or sent to the director's address as
shown on the records of the Association. Notices sent by first class mail shall be deposited into a United States
mailbox at least four(4) days before the time set for the meeting. Notices given by personal delivery,telephone, or
facsimile shall be delivered,telephoned,or given at least seventy-two(72)hours before the time set for the meeting.
111.6 Waiver of Notice. The transactions of any meeting of the Board of Directors, however called and
noticed or wherever held,shall be as valid as though taken at a meeting duly held after regular call and notice if(a)a
quorum is present,and(b)either before or after the meeting each of the directors not present signs a written waiver of
notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not
specify the purpose of the meeting. Notice of a meeting shall also be deemed given to any director who attends the
meeting without objecting before or at its commencement as to the lack of adequate notice.
11I.7 Quorum of Board of Directors. At all meetings of the Board of Directors,a majority of the directors
shall constitute a quorum for the transaction of business. The votes of a majority of the director's present at a meeting
at which a quorum is present shall constitute the decision of the Board of Directors;provided,so long as the Board of
Directors consists of only four directors,any decision of the Board of Directors shall require the vote of two directors.
A meeting at which a quoru n is initially present may continue to transact business, notwithstanding the withdrawal
of directors, if any action taken is approved by at least a majority of the required quorum for that meeting. If any
meeting of the Board of Directors cannot be held because a quorum is not present,a majority of the directors who are
present at such meeting may adjourn the meeting to a time not less than five nor more than 30 days from the date the
original meeting was called. At the reconvened meeting, if a quorum is present,any business which might have been
transacted at the meeting originally called may be transacted without further notice.
111.8 Compensation. No director shall receive any compensation from the Association for acting as such
unless consented to in writing by all Members. No director appointed by the Declarant shall be entitled to
compensation for serving as such. A director may be reimbursed for expenses incurred on behalf of the Association
upon approval of a majority of the other directors.
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BK:O0422 PG:0462
111.9 Conduct of Meetings. The President or Vice President shall preside over all meetings of the Board
of Directors, and the Secretary shall keep a minute book of Board of Directors meetings, recording all Board of
Directors resolutions and all transactions and proceedings occurring at such meetings.
111.10 Open Meetings. Subject to the provisions below, all meetings of the Board of Directors shall be
open to all Members, and the officers, directors and authorized representatives of the Members. The Board of
Directors shall be given written notice two (2)days prior to the meeting of the desire of a non-member to attend the
meeting. Such non-member shall only be allowed to attend such meeting with the approval of the Board of Directors.
In the event the Board of Directors does not respond to the notice of the non-member's intent within five(5) days of
receipt of such notice, this approval shall be deemed to have been given. Attendees other than directors may not
participate in any discussion or deliberation unless permission to speak is requested on his or her behalf by a director.
In such case, the President may limit the time any such individual may speak to no more than two minutes.
Notwithstanding the above, the President or Vice President may adjourn any meeting of the Board of Directors and
reconvene in executive session, excluding persons other than directors, to discuss matters of a sensitive nature, such
as pending or threatened litigation,personnel matters,etc.
11I.11 Action Without a Formal Meeting. Any action to be taken at a meeting of the directors or any action
that may be taken at a meeting of the directors may be taken without a meeting if a consent in writing, setting forth
the action so taken, shall be signed by all of the directors, and such consent shall have the same force and effect as a
unanimous vote.
C. Powers and Duties.
111.12 Powers. The Board of Directors shall have all the powers necessary for the administration of the
Association's affairs and for performing all responsibilities and exercising all rights of the Association as set forth in
the Declaration,the Articles and these By-Laws and as provided by law. The Board of Directors may do or cause to
be done all acts and things as are not by the Declaration,Articles,or these By-Laws directed to be done and exercised
exclusively by the Members.
1I1.13 Duties. The duties of the Board of Directors shall include,without limitation:
(a) preparation and adoption of annual budgets for assessments("Common Expenses");
(b) establishing and levying assessments on each Lot for its share of the Common Expenses and fines
for failure to abide by the terms of the Declaration;
(c) establishing the means and methods of collecting all assessments, and establishing the period of
installment payments if permitted to be paid in installments;
(d) opening bank accounts on behalf of the Association and designating the authorized signatories;
(e) collecting the assessments, depositing the proceeds in depositories of which it shall approve, and
using the funds collected as assessments for Common Expenses to operate the Association;
(f) providing for the operation,care, upkeep and maintenance provided for in the Declaration;
(g) designating, hiring and dismissing the personnel necessary to carrying out the rights and
responsibilities of the Association and, where appropriate, providing for the compensation of such personnel and for
the purchase of equipment,supplies,and materials to be used by such personnel in the performance of their duties;
(h) making and amending rules governing the use and operation of the Property which may change over
time to enhance the overall enjoyment of the community;
(i) making or contracting for the making of repairs, additions and improvements as provided in the
Declaration;
0) enforcing by legal means the provisions of the Declaration, and any other covenants applicable to
the Property, these By-Laws, and the Association rules and bringing any proceedings which may be instituted on
behalf of or against the Members concerning the Association;
30

BK:00422 PG:0463
(k) mediating and arbitrating disputes between the Members arising out of interpretation, violation, or
enforcement of or conflicts in the standards established under the Declaration, compliance with the standards set by
the Association, or other matters as to which the Board of Directors determines it to be in the general interest of the
Members to become involved;
(1) obtaining and carrying whatever insurance it determines the Association shall carry;paying the cost
of such insurance and bonds, and filing and adjusting claims, as appropriate;
(m) paying the cost of all services rendered to or on behalf of the Association,as the Board of Directors
may authorize;
(n) keeping detailed books of account and operating records; and
(o) making available to any person or entity entitled thereto current copies of the Association's Articles
of Incorporation, By-Laws,and rules,and charging such fees, if any,as the Board of Directors may establish to cover
printing and mailing costs.
111.14 Management. The Board of Directors may employ for the Association a professional management
agent or agents, to perform such duties and services as the Board of Directors shall authorize, at such compensation
as the Board of Directors may establish;provided,such compensation shall be competitive with fees generally charged
for the provision of similar services to comparable developments or to entities with comparable responsibilities in the
southeastern United States. The Board of Directors may delegate to the managing agent or manager, subject to the
Board of Directors'supervision, such powers as are necessary to perform the manager's assigned duties but shall not
delegate policymaking authority or those duties set forth in subsections (a), (b) and (k) of Section 11I.13. The
Declarant,or an affiliate of the Declarant, may be employed as managing agent or manager.
The Board of Directors may delegate to one of its members the authority to act on its behalf on all matters
relating to the duties of any managing agent which might arise between meetings of the Board of Directors.
I1I.15 Accounts and Reports. The following management standards of performance shall be followed
unless the Board of Directors by resolution specifically determines otherwise:
(a) cash basis accounting shall be employed;
(b) accounting and controls should conform to sound accounting principles;
(c) cash accounts of the Association shall not be commingled with any other accounts;
(d) no remuneration shall be accepted by the managing agent from vendors, independent contractors,
or others providing goods or services to the Association, whether in the form of commissions, finder's fees, service
fees,prizes,gifts,or otherwise;anything of value received shall benefit the Association;
(e) any financial or other interest which the managing agent may have in any firm providing goods or
services to the Association shall be disclosed promptly to the Board of Directors;
(f) financial reports shall be prepared for the Association at least annually containing:
(i) an income statement reflecting all income and expense activity for the preceding period on
a cash basis;
(ii) a statement reflecting all cash receipts and disbursements for the preceding period;
(iii) a variance report reflecting the status of all accounts in an "actual" versus "approved"
budget format;
(iv) a balance sheet as of the last day of the preceding period;and
(v) a delinquency report listing all Members who are delinquent in paying any assessments at
the time of the report and describing the status of any action to collect such assessments which remain
31

BK:00422 PG:O464
delinquent. (Any assessment or installment thereof shall be considered to be delinquent on the 15th day
following the due date unless otherwise specified by Board of Directors resolution).
I1I.16 Borrowing. The Association shall have the power to borrow money for any purpose.
III.17 Right to Contract. The Association shall have the right to contract with any Person for the
performance of various duties and functions. This right shall include, without limitation, the right to enter into
common management, operational or other agreements with any Member, trust, or condominium, cooperative, or
other owners'or residents'association,within or outside the Property;provided,any common management agreement
shall require the consent of a majority of the total number of the Board of Directors.
111.18 Enforcement. In addition to such other rights as are specifically granted under the Declaration,the
Board of Directors shall have the power to impose reasonable fines for violation of any duty imposed under the
Declaration or these By-Laws, which shall be assessed against the Lot of the violating Member. In the event that any
occupant,guest or invitee of a Lot violates the Declaration or these By-Laws and a fine is imposed,the fine shall first
be assessed against the occupant. If the fine is not paid by the occupant within the time period set by the Board of
Directors, the Member shall pay the fine upon notice from the Association. The failure of the Board of Directors to
enforce any provision of the Declaration or these By-Laws shall not be deemed a waiver of the right of the Board of
Directors to do so thereafter.
I11.19 Notice. Prior to imposition of any sanction hereunder, the Board of Directors or its delegate shall
serve the alleged violator with written notice describing(i)the nature ofthe alleged violation,(ii)the proposed sanction
to be imposed, (iii) a period of not less than ten (10) days within which the alleged violator may present a written
request for a hearing;and(iv)a statement that the proposed sanction shall be imposed as contained in the notice unless
a challenge is begun within ten (10)days of the notice. If a timely challenge is not made, the sanction stated in the
notice shall be imposed.
111.20 Hearin . If a hearing is requested within the allotted ten (10)day period,the hearing shall be held
in executive session affording the alleged violator a reasonable opportunity to be heard. Prior to the effectiveness of
any sanction,proof of proper notice of the hearing to the alleged violator shall be placed in the minutes of the meeting.
Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of
delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be
deemed satisfied if the alleged violator appears at the meeting. The minutes of the meeting shall contain a written
statement of the results of the hearing and the sanction, if any, imposed. The Board of Directors may,but shall not be
obligated to,suspend any proposed sanction, if the violation is cured within the ten(10)day period. Such suspension
shall not constitute a waiver of the right to sanction future violations of the same or other provisions and rules by any
Person.
III.21 Appeal. If a hearing is conducted before anybody other than the Board of Directors, the violator
shall have the right to appeal the decision to the Board of Directors. To perfect this right, a written notice of appeal
must be received by the Board of Directors within thirty(30)days after the hearing date.
111.22 Additional Enforcement Rights. The Board of Directors may elect to enforce any provision of the
Declaration or these By-Laws by self-help (specifically including, but not limited to, the towing of vehicles that are
in violation of parking rules and regulations)or by suit to enjoin any violation or to recover monetary damages or both
without the necessity of compliance with the procedure set forth above, and entry upon property for the purpose of
exercising this right shall not be deemed a trespass. In any such action, to the maximum extent permissible, the
individual(s) or entity(ies) responsible for the violation of which abatement is sought shall pay all costs, including
reasonable attorney's fees actually incurred.
ARTICLE IV
Officers
IV.1 Officers. The officers of the Association shall be a President, Vice President(s), Secretary and
Treasurer. The President and Secretary shall be appointed from among the members of the Board of Directors. The
Board of Directors may appoint such other officers, including one or more Assistant Secretaries and one or more
Assistant Treasurers, as it shall deem desirable, such officers to have the authority and perform the duties the Board
of Directors prescribes. Any two or more offices may be held by the same person,except the offices of President and
Secretary.
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BK:00422 PG:0465
IV.2 Election and Term of Office. The Board of Directors shall elect the officers of the Association at a
meeting of the Board of Directors. Initially, the President shall be A.W.
Packer,a Secretary shall be Laura Poole,a Vice President shall be Barry Poole and the Treasurer shall be Laura Poole.
The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting
of the Members. The Officers of the Association shall be elected annually by the Board and shall hold office for one
(1)year unless he/she shall sooner resign,or shall be removed,or otherwise disqualified to serve.
IV.3 Removal and Vacancies. Whenever in its judgment the best interests of the Association will be
served, the Board of Directors may remove any officer, and may fill any vacancy in any office arising because of
death,resignation,removal or otherwise for the unexpired portion of the term.
IVA Powers and Duties. The officers of the Association shall each have such powers and duties as
generally pertain to their respective offices, as well as such powers and duties as may from time to time specifically
be conferred or imposed by the Board of Directors. The President shall be the chief executive officer of the
Association. The Treasurer shall have primary responsibility for the preparation of the budget of the Association and
may delegate all or part of the preparation and notification duties to a finance committee,management agent,or both.
IV.5 Resignation. Any officer may resign at any time by giving written notice to the Board of Directors,
the President, or the Secretary. Such resignation shall take effect on the day of the receipt of such notice or at any
later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective.
IV.6 Agreements Contracts Deeds Leases Checks Etc. All agreements, contracts, deeds, leases,
checks and other instruments of the Association shall be executed by at least two officers or by such other person or
persons as may be designated by Board of Directors resolution.
IV.7 Compensation. Compensation of officers shall be subject to the same limitations as compensation
of directors under Section 111.8.
ARTICLE V
Committees
V.1 General. The Board of Directors may appoint such committees as it deems appropriate to perform
such tasks and to serve for such periods as the Board of Directors may designate by resolution. Each committee shall
operate in accordance with the terms of such resolution.
ARTICLE VI
Miscellaneous
VI.I Fiscal Year. The fiscal year of the Association shall be set by Board of Directors resolution. In the
absence of a resolution,the fiscal year shall be the calendar year.
VI.2 ParliamentaryRules. Except as may be modified by Board of Directors resolution, Robert's Rules
of Order (current edition) shall govern the conduct of Association proceedings when not in conflict with North
Carolina law,the Articles of Incorporation,or these By-Laws.
VI.3 Conflicts. If there are conflicts between the provisions of North Carolina law, the Articles of
Incorporation, and these By-Laws, the provisions of North Carolina law, the Articles of Incorporation, and the By-
Laws(in that order)shall prevail. In the event of a conflict between the Declaration and these By-Laws or the Articles,
the Declaration shall control,provided it is not inconsistent with North Carolina law.
33

BK:00422 PG:0466
VIA Books and Records.
(a) Inspection by Members and Mortgagees. The Board of Directors shall make the following available
for inspection and copying by any holder, insurer or guarantor of a first priority security encumbrance on a Lot, any
Member, or the duly authorized representative of any of the foregoing at any reasonable time and for a purpose
reasonably related to his or her interest in the Lot: the Articles of Incorporation, these By-Laws, including any
amendments thereto, rules of the Association, the Owner register, books of account, and the minutes of meetings of
the Members,the Board of Directors and committees. The Association shall provide for such inspection to take place
at the office of the Association or at such other place within the Property as the Board of Directors may designate.
(b) Rules for Inspection. The Board of Directors shall establish reasonable rules with respect to:
(i) notice to be given to the custodian of the records;
(ii) hours and days of the week when such an inspection may be made; and
(iii) payment of the cost of reproducing copies of documents requested.
(c) Inspection by Directors. Every director shall have the absolute right at any reasonable time to
inspect all books, records and documents of the Association and the physical properties owned or controlled by the
Association. The right of inspection by a director includes the right to make a copy of relevant documents at the
expense of the Association.
VI.5 Notices. Unless otherwise provided in these By-Laws, all notices, demands, bills, statements, or
other communications under these By-Laws shall be in writing and shall be deemed to have been duly given if
delivered personally or if sent by United States Mail,first class postage prepaid:
(a) if to a Member, at the address which the Member has designated in writing and filed with the
Secretary or, if no such address has been designated,at the address of such Owner's Lot;and
(b) if to the Association, the Board of Directors, or the managing agent, at the principal office of the
Association or the managing agent, if any, or at such other address as shall be designated by notice in writing to the
Members pursuant to this Section.
VI.6 Amendment.
(a) By Declarant and Declarant Member. So long as the Declarant and/or Developer is a Member,the
Declarant and/or Developer may unilaterally amend these By-Laws and these By-Laws may not be amended without
the written consent of the Declarant.
(b) By Members Generally. Except as otherwise specifically provided herein,these By-Laws may be
amended only upon resolution of the Board of Directors and the written consent of a majority of the Members.
VI. 7 Principal Purpose Net Earnings. Dissolution. The principal purpose for which the Association is
organized is to promote and develop of the common good and social welfare of residents of the community known as
Village of Beau's View at Olde Beau Luxury Motorcoach Resort, in connection with which the Association shall be
authorized to carry on one or more exempt functions of a homeowner's association under the Internal Revenue Code
of 1986.No part of the net earnings of the Association shall inure to the benefit of any officer,director,or member of
the Association. Upon dissolution, the assets of the Association, after all of its liabilities and obligations have been
discharged or adequate provision is made therefor, shall be distributed to any non-profit association or associations
organized for purposes similar to those set forth above in this Section VI.7
34

BK:00422 PG:0467
CERTIFICATION
I,the undersigned,do hereby certify:
That I am the duly elected and acting Secretary of Village of Beau's View at Olde Beau Homeowners
Association, Inc.,a North Carolina nonprofit corporation;
That the foregoing By-Law4auiaoole,
he original By-Laws of said Association.
e
Se retary
Village of Beau's View at Olde Beau Homeowners Association,Inc.
Date: — ,2021
35

13K:00422 PG:0468
CONSENT AND SUBORDINATION
The undersigned,being Beneficiary of that certain Deed of Trust recorded in Deed Book 421,at Page 669
of the Alleghany County Registry,do hereby consent to the terms and conditions of the Declaration of Covenants,
Conditions and Restrictions for Village of Beau's View at Olde Beau Luxury Motorcoach Resort("Declaration")to
which this Consent and Subordination is attached and do hereby agree that the Declaration shall be superior to the
lien of the Deeds of Trust.
IN WITNESS WHEREOF,the undersigned has caused this Consent and Subordination to be duly executed
and sealed as of the 9`}'day of September,2021.
BANK: SKYLINE NATIONAL BANK
Dennis Gambill, Senior Vice President
STATE OF NORTH CAROLINA
COUNTY OF ALLEGHANY
I,a Notary Public for said County and State,certify that Dennis Gambill either being personally known to me or
proven by satisfactory evidence personally came before me this day and acknowledged he is the Senior Vice
President of Skyline National Bank,and that he, as Senior Vice President being authorized to do so,voluntarily
executed the foregoing instrument on behalf of the Skyline National Bank for the purposes stated therein.
Witness my hand and official stamp or seal,this 911'day of September,2021
DONNA CROUSE EDWARDS
NOTARY PUBLIC
ALLEGHANY COUNTY,NC Notary Public
My Commission Expires 11.4-2022
My Commission Expires:

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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: 4917288109
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
C/A BEAUS VIEW @ MITCHELL GORGE TWP:CHERRY LANE DEED DATE:2/2024 Appraised By TAD on 10/04/2022
ROARING GAP NC 28668 ProDertv Location: MITCHELLS GORGE 3.6600 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 41,300
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 41300
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
U nfin.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 3.660 AC 11,278.69 41280
TOTAL MARKET LAND DATA 3.66 41280
TOTAL PRESENT USE DATA
4917288109(1188164)Group:0 7/18/2024 9 25 49 AM.
VILLAGE OF BEAU'S VIEW AT OLDE BEAU HOMEOWNERS ASSOCIATION INC Parcel ID: 4917288109
83865 ID NO
CARD NO. 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 ( )