SW6170202_Deed Restriction/Protective Covenant Form_20240109 (6)

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FILED
HOKE COUNTY NC
CAMILLE D. HURST
REGISTER OF DEEDS
FILED Feb 10, 2017
TIME 01:45:57 pm
BOOK 01182
START PAGE 0977
END PAGE 0987
Prepared By and Return To: INSTRUMENT # 00825
L. Holden Reaves,Esq.
Reaves Law,PLLC RECORDING $26.00
Po Box 53187 EXCISE TAX joP (None)
Fayetteville,NC 28305
FIRST AMENDMENT TO THE
MASTER DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR BEDFORD COMMUNITY
(Master Development)
THIS FIRST AMENDMENT TO THE MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR BEDFORD
COMMUNITY (this "Amendment") is made and entered into, as of the date set forth in
the below notary acknowledgment, by H&M Bedford LLC, a Delaware limited liability
company (the "Declarant").
WITNESSETH:
WHEREAS, Transferor is the named "Declarant" (by transfer of Declarant rights)
in that certain Master Declaration of Covenants, Conditions and Restrictions for Bedford
Community recorded in Book 1116, Page 546, as amended by Assignment and Transfer
of Declarant Rights recorded in Book 1179, Page 420, Hoke County,NC Registry
(together, the "Master Declaration");
WHEREAS, pursuant to Article II, Section 2 of the Master Declaration, the
Declarant reserved the unilateral right to annex additional land into Bedford master
covenant scheme (said scheme having been created by the Master Declaration), and to
subject such additional land to the terms of the Master Declaration; and
WHEREAS, the Declarant hereby desires to exercise such annexation right, as set
forth herein.
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NOW, THEREFORE, pursuant to its rights as set forth in Article II, Section 2 of
the Master Declaration (as well as pursuant to rights as may be found elsewhere in the
Master Declaration), the Declarant hereby declares and amends the Master Declaration,
as follows:
1. The above recitals are incorporated herein by reference;
2. The land described in Exhibit A attached hereto and incorporated herein
by reference is hereby annexed into the Bedford master covenant scheme,
and is hereby made subject to the terms of the Master Declaration(the
"Annexed Land". (A map of the Annexed Land is attached hereto as
Exhibit B).
3. Except as modified hereinabove, the Master Declaration shall remain in
full force and effect; and the terms and conditions of the Master
Declaration are hereby ratified and reaffirmed in their entirety. All
capitalized terms used herein, which are not expressly defined herein, shall
have the meanings attributed to the in the Master Declaration.
[The Remainder of This Page Intentionally Left Blank;
Signature Page Attached Hereto]
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..,:
IN WITNESS WHEREOF, the undersigned Declarant has executed this
Amendment as of the date set forth in the below notary acknowledgment
DECLARANT:
H&M Bedford L
By: Ralph of i s, , Me er Manager
By:
D. a p uff III, ber/Manager
STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
I certify that the following person personally appeared before me this day, each acknowledging to me that
he signed the foregoing document for the purpose stated therein and in the capacity indicated: D.Ralph
Huff III,as Member/Manager of Ralph Huff Holdings, LLC, a North Carolina limited liability company,
said company acting in its capacity as Member/Manager of H&M Bedford LLC,a Delaware limited
liability company.
Date: 9 Fe bit/a.v f ?°i 7 ootillowkw
Official Signature of Notary: ,( 4 e�.
N
00 R4.41
pTAR I-
Notary's Printed Name: J+I i ( 'i�y. MY r.
COMMISSION EXPIRES
My commission expires: g-3-od 0 0G 81312020 2
% f'UBOG�, '
[Affix Notary Seal or Stamp] ���'i�R<AND1GOJ��•�`���
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EXHIBIT A
Tract 1 —Phase Two Acreage
Legal Description
21.345 Acres
Bedford Phase 2
BEGINNING at the common rear (western) corner of Lots 29 & 30 of The Midlands at
Bedford Phase 1 as recorded in Plat Cabinet 4, Slide 4-76, Map 007 of the Hoke County,
North Carolina Registry and running with the rear line of Lots 30-37 of said subdivision
South 00 degrees 27 minutes 00 seconds West, 591.60 feet to the common rear corner of
Lots 37, 38 & 278;
thence with the northern line of Lot 278 North 89 degrees 33 minutes 00 seconds West,
120.00 feet to the northwest corner of Lot 278 in the eastern right-of-way margin of
Pendleton Street;
thence with said right-of-way margin North 00 degrees 27 minutes 00 seconds East, 6.84
feet to a point;
thence crossing Pendleton Street North 89 degrees 33 minutes 00 seconds West, 50.00
feet to the northeast corner of Lot 253;
thence with the northern line of Lot 253 North 89 degrees 33 minutes 00 seconds West,
120.00 feet to the northwest corner of Lot 253;
thence with the rear (western) line of Lots 253-250 South 00 degrees 27 minutes 00
seconds West, 367.85 feet to the southwest corner of Lot 250 lying in the northern line of
Lot 44;
thence with said northern line of Lot 44 South 59 degrees 29 minutes 34 seconds West,
60.50 feet to the common rear (northern) corner of Lots 44 & 45;
thence with the rear line of Lot 45 North 89 degrees 33 minutes 00 seconds West, 68.12
feet to the northwest corner of Lot 45 lying in the eastern right-of-way margin of
Brentmoor Drive;
thence crossing Brentmoor Drive North 89 degrees 33 minutes 00 seconds West, 50.00
feet to a point in the western right-of-way margin of Brentmoor Drive;
thence with said right-of-way margin South 00 degrees 27 minutes 00 seconds West,
46.63 feet to a point of curvature;
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thence continuing with said right-of-way margin with a curve to the left on a radius of
325.00 feet an arc distance of 34.80 feet (chord South 02 degrees 37 minutes 04 seconds
East, 34.79 feet) to the northeast corner of Lot 46;
thence with the northern line of Lot 46 South 84 degrees 18 minutes 51 seconds West,
122.56 feet to the northwest corner of Lot 46;
thence with the western line of Lot 46 South 00 degrees 27 minutes 00 seconds West,
30.73 feet to the northeast corner of Lot 47;
thence with the northern line of Lot 47 North 89 degrees 33 minutes 00 seconds West,
119.95 feet to the northwest corner of Lot 47 lying in the eastern right-of-way margin of
Bedford Drive;
thence crossing Bedford Drive South 89 degrees 27 minutes 40 seconds West, 50.00 feet
to a point in the western right-of-way margin of Bedford Drive;
thence with said right-of-way margin with a curve to the left on a radius of 394.04 feet an
arc distance of 8.46 feet (chord South 01 degrees 09 minutes 06 seconds East, 8.46 feet)
to the northeast corner of Lot 83 of the Highlands at Bedford Phase 1 as recorded in Plat
Cabinet 4, Slide 4-77, Map 002;
thence with the northern line of said Highlands at Bedford Phase 1 (Lots 83-71) the
following courses and distances;
South 88 degrees 13 minutes 59 seconds West, 50.00 feet to a corner;
South 70 degrees 32 minutes 57 seconds West, 70.41 feet to the common rear
corner of Lots 83 and 82;
South 63 degrees 15 minutes 25 seconds West, 97.43 feet to the common rear
corner of Lots 82 and 81;
South 67 degrees 05 minutes 41 seconds West, 74.99 feet to the common rear
corner of Lots 81 and 80;
South 74 degrees 31 minutes 12 seconds West, 74.99 feet to the common rear
corner of Lots 80 and 79;
South 81 degrees 56 minutes 43 seconds West, 74.99 feet to the common rear
corner of Lots 79 and 78;
South 86 degrees 15 minutes 08 seconds West, 81.75 feet to the common rear
corner of Lots 78 and 77;
South 80 degrees 11 minutes 00 seconds West, 173.64 feet to the common rear
corner of Lots 76 and 75;
South 72 degrees 31 minutes 26 seconds West, 166.85 feet to the common rear
corner of Lots 74 and 73;
South 80 degrees 30 minutes 13 seconds West, 85.82 feet to the common rear
corner of Lots 73 and 72;
South 44 degrees 49 minutes 31 seconds West, 91.93 feet to the common rear
corner of Lots 72 and 71;
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North 87 degrees 54 minutes 07 seconds West, 80.89 feet to the northwest corner
of Lot 71 lying in the eastern right-of-way margin of Union Street;
thence crossing Union Street North 82 degrees 06 minutes 59 seconds West, 50.00 feet to
a point in the western right-of-way margin of Union Street;
thence with said margin of Union Street with a curve to the left on a radius of 255.80 feet
an arc distance of 64.61 feet (chord South 00 degrees 38 minutes 51 seconds West, 64.44
feet) to a corner of the 7.52 acre Open Space Tract;
thence leaving Union Street and running with the boundary of the Open Space Tract the
following courses and distances;
South 83 degrees 24 minutes 40 seconds West, 150.00 feet to a corner;
North 01 degrees 32 minutes 19 seconds East, 114.74 feet to a corner;
North 06 degrees 22 minutes 36 seconds East, 120.53 feet to a corner in the
boundary of the upper wetlands line;
thence with said boundary of the upper wetlands the following courses and distances;
North 59 degrees 50 minutes 32 seconds East, 54.22 feet to a point;
North 68 degrees 09 minutes 06 seconds East, 53.82 feet to a point;
North 58 degrees 19 minutes 51 seconds East, 34.36 feet to a point;
North 35 degrees 10 minutes 41 seconds West, 38.58 feet to a point;
North 39 degrees 49 minutes 49 seconds East, 70.15 feet to a point;
North 28 degrees 52 minutes 00 seconds East, 56.27 feet to a point;
North 04 degrees 59 minutes 38 seconds East, 47.00 feet to a point;
North 00 degrees 03 minutes 48 seconds West, 27.25 feet to a point;
thence leaving the wetlands and running South 77 degrees 19 minutes 08 seconds East,
151.42 feet to a point;
thence South 65 degrees 44 minutes 13 seconds East, 50.97 feet to a point;
thence North 76 degrees 40 minutes 59 seconds East, 215.01 feet to a point;
thence North 83 degrees 02 minutes 05 seconds East, 107.48 feet to a point;
thence North 84 degrees 39 minutes 48 seconds East, 85.38 feet to a point;
thence North 81 degrees 57 minutes 50 seconds East, 55.57 feet to a point;
thence North 73 degrees 02 minutes 06 seconds East, 91.31 feet to a point;
thence North 61 degrees 24 minutes 40 seconds East, 90.09 feet to a point;
thence North 68 degrees 50 minutes 19 seconds East, 74.43 feet to a point;
thence North 17 degrees 01 minutes 09 seconds West, 120.00 feet to a point;
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thence with a curve to the right on a radius of 635.20 feet an arc distance of 193.67 feet
(chord North 81 degrees 42 minutes 56 seconds East, 192.92 feet) to a point of compound
curvature;
thence with a curve to the right on a radius of 25.00 feet an arc distance of 39.27 feet
(chord South 44 degrees 33 minutes 00 seconds East, 35.35 feet) to a point of tangencey;
thence South 00 degrees 27 minutes 00 seconds West, 62.49 feet to a point;
thence South 89 degrees 33 minutes 00 seconds East, 170.00 feet to a point;
thence North 00 degrees 27 minutes 00 seconds East, 780.00 feet to a point;
thence South 89 degrees 33 minutes 00 seconds East, 120.00 feet to a point;
thence North 73 degrees 32 minutes 58 seconds East, 52.26 feet to a point;
thence South 89 degrees 33 minutes 00 seconds East, 120.00 feet to a point;
thence South 00 degrees 27 minutes 00 seconds West, 8.00 feet to a point;
thence South 89 degrees 33 minutes 00 seconds East, 120.00 feet to a point;
thence North 77 degrees 14 minutes 50 seconds East, 51.36 feet to a point;
thence South 89 degrees 33 minutes 00 seconds East, 120.00 feet to the PLACE AND
POINT OF BEGINNING.
Containing 21.345 acres, more or less.
And being the boundary of the future Phase 2 of Bedford.
Prepared by Moorman, Kizer & Reitzel, Inc., Fayetteville,North Carolina.
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Tract 2—Excess Residential Acreage BK:01182 PG:0984
Legal Description
29.69 Acres
Excess Residential Acreage
BEGINNING at the common rear (eastern) corner of Lots 14 & 15 of The Midlands at
Bedford Phase 1 as recorded in Plat Cabinet 4, Slide 4-76, Map 007 of the Hoke County,
North Carolina Registry and running with the rear lines of Lots 15-26 of said subdivision
the following courses and distances:
North 19 degrees 10 minutes 00 seconds East, 77.71 feet to a corner;
North 01 degrees 30 minutes 00 seconds East, 50.00 feet to a corner;
North 16 degrees 10 minutes 38 seconds West, 78.26 feet to a corner;
North 30 degrees 14 minutes 27 seconds West, 30.63 feet to a corner;
North 00 degrees 27 minutes 00 seconds East, 700.00 feet to the northeast corner
of Lot 26;
thence with the northern line of Lot 26 and beyond North 89 degrees 33 minutes 00
seconds West, 170.00 feet to a point in the western right-of-way margin of Stonebriar
Avenue;
thence with said right-of-way margin South 00 degrees 27 minutes 00 seconds West, 3.96
feet to the northeast corner of Lot 29;
thence with the northern line of Lot 29 North 89 degrees 33 minutes 00 seconds West,
120.00 feet to the northwest corner of Lot 29;
thence with the rear (western) line of said Lot 29 South 00 degrees 27 minutes 00 seconds
West, 73.95 feet to the common rear corner of Lots 29 and 30;
thence leaving the boundary of the Midlands at Bedford Phase 1 and running North 89
degrees 33 minutes 00 seconds West, 120.00 feet to a point;
thence South 77 degrees 14 minutes 50 seconds West, 51.36 feet to a point;
thence North 89 degrees 33 minutes 00 seconds West, 120.00 feet to a point;
thence North 00 degrees 27 minutes 00 seconds East, 8.00 feet to a point;
thence North 89 degrees 33 minutes 00 seconds West, 120.00 feet to a point;
thence South 73 degrees 32 minutes 58 seconds West, 52.26 feet to a point;
thence North 89 degrees 33 minutes 00 seconds West, 120.00 feet to a point;
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thence South 00 degrees 27 minutes 00 seconds West, 780.00 feet to a point;
thence North 89 degrees 33 minutes 00 seconds West, 170.00 feet to a point;
thence North 00 degrees 27 minutes 00 seconds East, 62.49 feet to a point of curvature;
thence with a curve to the left on a radius of 25.00 feet an arc distance of 39.27 feet
(chord North 44 degrees 33 minutes 00 seconds West, 35.35 feet) to a point of compound
curvature;
thence with a curve to the left on a radius of 635.20 feet an arc distance of 95.74 feet
(chord South 86 degrees 07 minutes 56 seconds West, 95.65 feet) to a point in the
western line of the tract of which this is a part;
thence with said line North 00 degrees 43 minutes 34 seconds East, 66.11 feet to an
existing axle;
thence continuing with said line North 00 degrees 27 minutes 07 seconds East, 989.49
feet to an existing axle at the southwest corner of the Kinlaw Development property as
recorded in Deed Book 359, Page 740;
thence with the southern line of said Kinlaw Development property the following courses
and distances;
North 89 degrees 33 minutes 55 seconds East, 327.18 feet to a corner;
North 89 degrees 11 minutes 49 seconds East, 415.54 feet to an existing iron;
North 89 degrees 23 minutes 07 seconds East, 295.96 feet to an existing iron at
the common rear corner of Lots 158 and 159 of Colonial Charters Subdivision as
recorded in Cabinet 2, Slide 2-43, map 001;
thence with the southern line of Lots 158-151 of said Colonial Charters and beyond North
89 degrees 18 minutes 26 seconds East, 980.13 feet to an existing iron stake in the
southern end of Flint Drive;
thence with the western line of a tract recorded in Cabinet 2, Slide 2-19, Map 005 South
22 degrees 43 minutes 47 seconds West, 789.87 feet to a existing re-bar;
thence with the northern line of the Parker tract as recorded in Deed Book 964, Page 971
North 88 degrees 51 minutes 41 seconds West, 264.02 feet to a existing re-bar;
thence with the western line of said Parker tract South 00 degrees 54 minutes 03 seconds
West, 609.43 feet to a point;
thence with the zoning line North 89 degrees 39 minutes 49 seconds West, 359.47 feet to
a corner (angle point) in the rear (eastern) line of Lot 13 of the above referenced
Midlands at Bedford Phase 1;
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thence with said rear line of Lot 13 and beyond North 39 degrees 14 minutes 42 seconds
East, 118.69 feet to a corner (angle point) in the rear line of Lot 14;
thence with said line of Lot 14 North 19 degrees 10 minutes 00 seconds East, 22.29 feet
to the PLACE AND POINT OF BEGINNING.
Containing 29.69 acres, more or less.
Prepared by Moorman, Kizer& Reitzel, Inc., Fayetteville, North Carolina.
10

1182 EXHIBIT B
0987 Annexed Land BK:01182 PG:0987
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