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“Draft” Subject to revision DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BAREFOOT RIDGE THIS DECLARATION, made on the date hereinafter set forth by MOUNTAIN PROJECTS, INC., a North Carolina non profit corporation, hereinafter referred to as “Declarant”. WITNESSETH: WHEREAS, Declarant is the owner of certain property in the County of Haywood, State of North Carolina, which is more particularly described in Exhibit “A” attached hereto and which has been subdivided into a development to be known as BAREFOOT RIDGE. NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall insure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. “Declarant” means any person or group of persons acting in concert who (i) as part of a common promotional plan, offers to dispose of the person’s or group’s interest in a Lot not previously disposed of, or (ii) reserves or succeeds to any special declarant right. Section 2. “Declaration” means any instruments, however denominated, that create a planned community and any amendments to those instruments. Section 3. “Lot” means a physical portion of the planned community designated for separate ownership or occupancy by a Lot owner, being Lots 1 through 46 as designated upon the recorded plat for Barefoot Ridge, appearing of record in Plat Cabinet, Haywood County Registry. Section 4. “Lot owner” means a declarant or other person who owns a Lot, but does not include a person having an interest in a Lot as security for an obligation. Section 5. “Person” means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. Section 6. “Reasonable attorneys’ fees” means attorneys’ fees reasonably incurred without regard to any limitations on attorneys’ fees which otherwise may be allowed by law. Section 7. “Real estate” means any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interest which by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. “Real estate” includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water. ARTICLE II COVENANT FOR MAINTENANCE Section 1. Proportionate Shares. So long as the streets in the development described above remain private, the lot owners shall share in the maintenance of said private roads. The proportionate share of the lot owners shall be the number of lots he or she may own to the total number of lots in said development. The subdivision streets, so long as they remain private, shall be maintained in an all weather serviceable condition. To ensure that the streets at all time are kept serviceable the Declarant will obtain periodic maintenance services on the road. The cost of this periodic maintenance shall be borne proportionately as set forth above. Section 2. Effect of Nonpayment: Remedies. Failure to pay such proportionate share after thirty (30) days from receipt of a bill for same shall constitute a failure to pay for labor and materials as is contemplated in N.C.G.S. 44A-8 et seq., and the above named owner or its successors in interest shall be entitled to proceed against the nonpaying lot owner to perfect the lien against the lot as is provided in N.C.G.S. 44A-12 et seq. Section 3. Declarant’s Rights. Should at any time Declarant no longer be the owner of any lot in said development, then a majority of the lot owners shall select a person or firm to undertake the responsibility of periodic road maintenance. ARTICLE III LAND USE RESTRICITIONS AND REGULATIONS 1. No structures or other buildings shall be erected, altered, placed or permitted to remain on any lot without the prior written approval of Declarant which is the sole entity having the authority to approve same as hereinafter provided; residences shall be limited to single family dwellings constructed upon the premises. 2. No noxious or offensive activities shall be carried upon any Lot, nor shall anything be done theron which may be or become an annoyance or nuisance to the neighborhood . No livestock or poultry may be kept on any Lot. Not more that two (2) household pets may be maintained for any one (1) Lot, which pets must be maintained either on a leash or within a fenced area at all times. This restriction shall have no applicability with respect to the birds, fish and/or other pets maintained within property owner’s residence. 3. The ground floor area of the main structure, exclusive of one story open porches and garages shall not be less than 1000 square feet. Modular homes shall be permitted but only of an “off frame” variety. No “on frame” modulars, doublewide or singlewide mobile homes shall be permitted. All houses shall be of a “framed” design with cornice and rake construction features (minimum 16”). Exterior wall siding shall be installed horizontally and of an approved material. Approved Materials: There shall be no exposed block. Foundations must be covered with stucco, rock, or brick. All house plans including a material listing must be submitted to the “Declarant” prior to the purchase of a Lot. Any “unapproved” exterior siding shall be subject to approval by the “Declarant”. 4.No buildings, garages, porches or parts thereof shall be located placed or erected on any Lot without prior approval of the Declarant based upon its review of a previously submitted written construction and site plan. 5.Utility and drainage easements affecting all Lots in this tract are reserved five (5) feet in width along interior Lot lines and over the rear ten (10) feet of each Lot for installation and maintenance of utilities and drainage facilities. Utility and drainage easements are also reserved within the bound of the road rights of way appurtenant to each Lot in this tract. Reservation of the foregoing easements are in addition to those easements as set forth on the recorded plat of the development in Plat Cabinet, Haywood County Registry. Declarant and utility companies shall return property to the same condition prior to working on easement except neither Declarant nor any utility company using the easements herein referred to shall be liable for any damage done by them or their assigns, agents, employees or servants, to shrubbery, trees, flowers, fences or to the property of the owner situated on the land covered by said easements. 6.No commercial sign of any kind shall be displayed to the public view on any Lot, except one sign of not more than five (5) square feet advertising the property during the construction and sale or resale period. Nothing in this paragraph shall be construed to prevent Declarant from erecting display sign or signs designed to designate areas within subdivision including street signs. 7.No Lot shall be used or maintained as a dumping ground for rubbish, trash or garbage, and waste shall only be kept in sanitary containers in an enclosed secure area where they can not be viewed from another lot. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Nothing contained herein shall prevent the placing of building materials on a Lot during the period of time that a house is being constructed thereon, but in no event shall these materials be allowed to remain stored thereon for a period of more than ninety (90) days, and when construction has been completed, all remaining building material shall be removed from the Lot. 8. Grass and weeds are to be kept down on all vacant Lots to prevent an unsightly and unsanitary condition. This is an obligation of the Lot owner and is to be done at his expense. 9. No fences, walls, hedges or shrubbery shall be planted on any corner Lot that would prevent motorists from having a clear, unobstructed view of oncoming traffic. 10. All outdoor clotheslines must be placed on the Lot in such a manner so as not to be offensive to adjoining lots. No satellite dishes in excess of eighteen (18) inches shall be allowed on the subject property. All clotheslines and satellite dishes are subject to the approval of the Declarant in its discretion. 11. No Lot shall be used for the purpose of storing untagged or inoperable motor vehicles and the assembly or disassembly of a motor vehicle shall not be conducted upon any Lot. On street parking of commercial vehicles overnight shall not be permitted. 12. All utilities on Lots within the subdivision shall be underground, and no utility poles shall be permitted upon the Lots without the express written consent of the Declarant, excepting those utility poles in existence at the time of the execution of this document. 13. No storage tanks shall be above ground without the written permission of the Declarant. 14. The Lots shall be used for residential purposes only and no business or trade shall be permitted on any Lot. 15. BAREFOOT RIDGE and all streets within the subdivision will be offered to the state as a state maintained right-of-way. Declarant will complete said all streets in such a manner so as the Town of Clyde may take the roads over and maintain the roads. Declarant reserves the right to assign road rights-of-way to the Town of Clyde for maintenance, but makes no representation that such roads will at any time be accepted by the North Carolina Department of Transportation. ARTICLE IV GENERAL PROVISIONS Section 1. Enforcement. Any lot owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any lot owner to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. Declarant or any lot owner shall be entitled to collect reasonable attorney’s fees for any proceeding Declarant or any lot owner initiates for the enforcement of any of said restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Section 2. Amendment. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions that shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extend for successive of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than seventy-five percent (75%) of the Lot owners, and thereafter by an instrument signed by not less than sixty percent (60%) of the Lot owners. Any amendment must be recorded. Until such time as Declarant no longer owns a lot in said development, Declarant reserves the right to amend these restrictions without the permission or joinder of any of the other lot owners. Furthermore, Declarant reserves, until such time as Declarant no longer owns a lot in said subdivision, the right to establish a Homeowner’s Association and to assign all rights, obligations and duties to said association, and to provide rules regulations, and by-laws for the operation of the homeowner’s association, all without the consent of the other lot owners. Brick House and lot may be annexed to these restrictions by Mountain Projects (Declarant) upon the request of the Town of Clyde. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has caused this instrument be executed, by the authority of its Board of Directors, this the _________ day of 2005. MOUNTAIN PROJECTS, INC.
By:________________________(Seal) ATTEST: __________________________
STATE OF NORTH CAROLINA COUNTY OF __________________________ I, a Notary of said State and County, do hereby certify that ___________________ personally appeared before me this day and acknowledged that he/she is ____________________________of Mountain Projects, Inc., a North Carolina nonprofit corporation, and that by the authority duly given and as the act of the corporation, foregoing instrument was signed in its name by its president, sealed with its corporate seal, and attested by himself/herself as its ______________________. WITNESS my hand and notarial seal this the _____ day of 2005. My commission expires:__________________________ |
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