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The records shown below are made available solely for general informational purposes. The Coachman's Trail Homeowners' Association makes no representations or warranties as to the accuracy of this information or its legal significance. The information furnished through this medium should not be construed as a certified copy. In situations in which the accuracy and reliability of the information contained in these records is of paramount importance, the user is cautioned not to rely on information made available through this medium, but instead to obtain copies of the record certified as true and correct by the Coachman's Trail Homeowners' Association.

PROTECTIVE COVENANTS

State of North Carolina

County of Wake

THIS DECLARATION, made this 30th day of April, 1974, by DEVELOPMENT ASSOCIATES, INC., a North Carolina corporation, hereinafter called Declarant;

W  I  T  N  E  S  S  E  T  H:

THAT WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth, each and all of which is and are for the benefit of such property and for each owner thereof, and shall inure to the benefit of and pass and run with said property, and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof.

NOW, THEREFORE, the Declarant hereby declares that the real property described in and referred to in Article I hereof is and shall be held, transferred, sold, and conveyed subject to the protective covenants set forth below:


ARTICLE I

The real property which is, and shall be held, transferred, sold and conveyed subject to the protective covenants set forth in the Articles of this Declaration is located in the County of Wake, State of North Carolina, and is more particularly described as follows:

Being all of Lots Nos. 1-13, inclusive, 205-2l6, inclusive, 229-232, inclusive, and Lot No. 200 according to a map entitled "Coachman's Trail, Section I, Property of Development Associates, Inc., Wake County, N. C.", dated February 8, 1974, prepared by Triangle Engineering, Architecture, Planning, inc. and recorded in Book of Maps 1974, Volume II, Page 177, Wake County Registry.

No additional land shall be deemed to be subjected to these protective covenants except by express written declaration to that effect.

The real property described in Article I hereof is subjected to the protective covenants and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each lot thereof; to protect the owners of lots against such improper use of surrounding lots as will depreciate the value of their property; to preserve, so far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures, and structures built of inproper or unsuitable materials; to obtain harmonious color schemes; to insure the highest and best development of said property; to encourage and secure the erection of attractive homes theron, with appropriate locations thereof on lots; to prevent haphazard and inharmonious improvement of lots; to secure and maintain proper setbacks from streets, and adequate free spaces between structures, and in general to provide adequately for a high type and quality of improvement in said property, and thereby to enhance the values of investments made by purchasers of lots therein.


ARTICLE II

LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes, except that nothing herein shall preclude the use of any lot as the well site for a community water system or for use in providing a recreational area for the individual lot owners as a group. No building shall be erected, altered, placed or permitted to remain on any lot other than we detached single family dwelling not to exceed two and one-half stories in height and a private garage for not nore than three cars.


ARTICLE III

SITE AND PLAN APPROVAL. No building, fence, swiming pool, or any other structure shall be erected, placed, or altered on any premises in said development until the building plans, specifications, and plot showing the location of such improvements, have been approved in writing as to conformity and harmony of external design with existing improvements in the development, and as to location of the improvements with respect to topography and finished ground elevation by an architectural committee (the Architectural committee) composed of three persons designated and appointed by Declarant or its assigns. In the event said committee fails to approve or disapprove such design or location within thirty days after said plans and specifications have been submitted to it or, in any event, if no suit to enjoin the erection of such improvements or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant will be deemed to have been fully complied with. Members of such committee shall not be entitled to any compensation for services performed pursuant to this covenant.


ARTICLE IV

DWELLING SIZE AND DRIVEWAYS. Except with the prior written approval of the Architectural Committee, no single-story residential structure which has an area of less than 1500 square feet, exclusive of porches, breeze-ways, steps and garages, shall be erected or placed or permitted to remain on any lot; no story and one-half, two story or two and one-half story residential structure which has a ground floor area of less than 1000 square feet, exclusive of porches, breeze-ways; steps and garages, shall be erected or placed or permitted to remain on any lot; and no split-level residential structure which has a living area of less than 1200 square feet, exclusive of basement or unfinished area, or has a living area of less than 1100 square feet, exclusive of basement or unfinished area if the basement level contains additional living area of at least 250 square feet finished as to workmanship and materials comparable to the remaining level or levels, shall be erected or placed or permitted on any lot. All driveways shall be paved (concrete or asphalt) from street to each house including parking areas. An exception for gravel driveways will be allowed, at the sole discretion of the Architectural Comittee, provided the apron from the street to the property line is paved with asphalt or concrete and is the same width as the driveway.


ARTICLE V

BUILDING LOCATION. No building shall be located on any lot nearer to the front line than 50 feet or nearer to the rear line than 30 feet. No building on a corner lot shall be located nearer than 50 feet from one street and 30 feet from the other street. No building or garage shall be located nearer than 15 feet to an interior lot line. No other permitted accessory building shall be located nearer than 15 feet to an interior lot line and less than 100 feet from the minimum building setback line. For the purpose of this covenant, eaves and steps shall not be considered a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.


ARTICLE VI

LOT, AREA AND WIDTH. No dwelling shall be erected or placed on any lot having a width less than 110 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 40,000 square feet.


ARTICLE VII

EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear 10 feet of each lot and 5 feet on each side line unless shown in excess of such distances on recorded plat, in which case the plat shall control. Within these easanents, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and drainage facilities, or which may change the direction of flow or drainage channels in the easenents, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible.


ARTICLE VIII

NUISANCES. No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No signs or billboards shall be erected or maintained on the premises. No trade materials or inventories may be stored or regularly parked on the premises. No business activity or trade of any kind whatsoever, which shall include but not be limited to the use of any residence as a doctor's office or professional office of any kind, a fraternity house, a rooming house, a boarding house, an antique shop or gift shop, shall be carried on upon any lot.


ARTICLE IX

TEMPORARY STRUCTURES. No trailer, tent, shack, barn, or other outbuilding, except a private garage for not more than three cers, shall be erected or placed on any lot covered by these covenants. Except with the prior consent of the Architectural Committee, no detadned garage shall at any tine he used for human habitation temporarily or permanently.


ARTICLE X

FENCES. No fence, wall, hedge, or mass planting shall be permitted to extend beyond the minimum building setback line established herein except upon approval by the Architectural Committee.


ARTICLE XI

APPEARANCE. Each owner shall keep his building site and the lake bank adjacent thereto, if any, free of tall grass, undergrowth, dead trees, trash and rubbish and properly maintained so as to present a pleasing appearance, and maintain the proper contour of the lake bank and prevent erosion. In the event an owner does not properly maintain his building site as above provided, in the opinion of the Achitectural Committee, then Declarant may have the required work done and the costs thus incurred shall be paid by the owner. The shoreline contour of any lake, either above or below water, may be changed only with the approval of Declarant.


ARTICLE XII

WATERFRONT LOTS. For the purpose of avoiding an unsightly or undesirable waterfront, no boathouse, bathhouse, private dock, pier, raft or landing state or other structure shall be erected or maintained at or upon the shoreline of any building site having direct water frontage or upon land under water in front of such building site.


ARTICLE XIII

ANIMALS. No animals (including horses) or poultry of any kind, other than house pets, shall be kept or maintained on any part of said property.


ARTICLE XIV

PARKING. Adequate off-street parking shall be provided by the owner of each lot for the parking of automobiles owned by such owner, and owners of lots shall not be permitted to park their automobiles on the streets in the development. Owners of lots shall not be permitted to park boats, trailers, campers and all other similar property on the streets in the development, and such property shall be parked in a garage or screened area.


ARTICLE XV

TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, after which time said covenants shall be autanatically extended for; successive periods of ten (10) years unless an instrurrent signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.


ARTICLE XVI

ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violete any covenant either to restrain violation or to reoover damages.


ARTICLE XVII

SEVERABILITY. Invalidation of any one of these convenants or any part thereof by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect, and the failure of any person or persons to take action to enforce the violation of any of these covenants and restrictions shall not be construed as a waiver of any enforcement rights and shall not prevent the enforcement of such covenant or covenants in the future.

IN TESTIMONY WHEREOF, the Declarant has caused this instrument to be executed in its corporate name by its President, attested by its Secretary, and its corporate seal to be hereunto affixed, by order of its Board of Directors duly given, all as of the day and year first above written.

(See certified copy for seals and signatures.)