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:
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:
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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. |
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.