OLDE POINT DEVELOPMENT
STATE OF NORTH CAROLINA
COUNTY OF PENDER
AMENDMENT OF RESTRICTIVE COVENANTS
OLDE POINT DEVELOPMENT
PHASE I AND PHASE II
This AMENDMENT OF RESTRICTIVE COVENANTS is made and entered into this 1st day of January 2000 by the Owners of a majority of the lots in Phase I and Phase II of the OLDE POINT Subdivision as further defined herein; and further joined by the OLDE POINT PROPERTY OWNER'S ASSOCIATION, INC. (Hereinafter "Association"), recorded in Book 745 Page 422, a North Carolina not for profit corporation operating in Fender County, North Carolina, which has also approved these amendments.
WHEREAS, the original Restrictive Covenants for Olde Point were effective on March 12, 1975 recorded in Book 481, Page 14 of the Fender County Register of Deeds and they were made by Olde Point Development Inc., the owner and developer of the property referred to as Olde Point Development. Olde Point Development, Inc. has been superseded by Olde Point Associates, Inc., which corporation now owns less that twenty (20) lots within the Phase I and Phase II areas. Olde Point Property Owner's Association, Inc. revised the original Restrictive Covenants, effective January 1, 1990 by a majority vote of the Phase I and Phase II property owners recorded in Book 745 Page 422 of said Register of Deeds, with amendments to be made every ten (10) years thereafter, and
WHEREAS, in order to provide for a uniform development of the properties within the Phase I and Phase II areas, so as to preserve their value and to protect the present and future owners of lots thereof, for itself, its successors and assigns, these covenants are hereby amended by formal vote of a majority of the Jot owners with said ballots hereby attached as Exhibits to this amendment with said action further being recorded in the Minutes of the meeting of the Association on the 18th day of October, 1999. The amended restrictions and covenants, in their entirety, which apply to said property are the following:
1. DEFINITIONS
As used in this Declaration of Restrictive Covenants, the following terms shall mean:
(a) "OPD" means Olde Point Development, Inc., the Owner and Developer, and its successors and assigns, or in the event there is no Owner or Developer, or successor or assign, means the Olde Point Property Owner's Association, Inc. hereinafter called the Association.
(b) "Developer" is used interchangeably with the term "OPD" to refer to Olde Point Development, Inc., the Owner and the Developer, its successors and assigns.
(c) "Record or Recording" refers to record or recording with the Register of Deeds for Pender County, North Carolina.
(d) "Subdivision" means the portion of the property which has been or is to be subdivided into residential lots.
(e) "Property" generally means the lands specifically set forth in subparagraph (f) herein as Olde Point Development, Pender County, North Carolina.
(f) "Phase I" means the portion of the property recorded in the Pender County Registry as:
Section 1, Lots 1 thru 24, recorded in Book 11 Page 35.
Phase I containing approximately 167 acres was conveyed to OPD by deed recorded in Book 436, Page 5 of said Registry.
(g) "Phase II" means the portion of the property presently being developed which will include eight (8) additional sections with a total of 351 lots located on that certain tract of land which was conveyed to OPD by deed recorded in Book 474, Page 291 and also in Book 13 Page 68, Slide 220 of the Pender County Registry.
(h) "Residential lots" or "lots" means those portions of the property specifically allocated, platted and/or recorded, or to be platted and recorded as lots for sale and/or used as single family residences.
(i) "Restrictions" shall mean the restrictions and covenants set forth in this Declaration of Restrictive Covenants, or as said restrictions may be amended from time to time.
(j) "Association" shall mean Olde Point Property Owner's Association, Inc., a North Carolina non-profit corporation incorporated in accordance with the requirements of Chapter 55A of the North Carolina General Statutes, of which each owner of a lot subject to these restrictions is entitled to membership.
(k) "Architectural Control Committee" shall mean the committee established by these covenants to review all building plans, plot plans, site improvements plans, and to approve or disapprove the same in accordance with the restrictions herein set forth and to perform such duties as may be delegated or authorized herein. The Architectural Control Committee (ACC) is a committee of the Olde Point Property Owner's Association, Inc. (Association), and as such operates under the direction and control of the Board of Directors of the Association. Said Committee shall be composed of six (6) members, three (3) of whom the Board of Directors of the Association may designate, and three (3) of which shall be elected by a majority of the members. Members will be elected or designated for terms of up to three (3) years. The Association will provide monetary and administrative support to the Committee as the Board of Directors of the Association shall determine to be prudent within the purposes and resources of the Association. In the event a decision by the Architectural Control Committee is split and decided by not more than a single vote majority, then the decision may be appealed within thirty (30) days to the Board of Directors of the Association which will then succeed to the powers and authorities of the Architectural Control Committee for the specific matter appealed.
2. APPLICABILITY
These restrictions shall apply to all residential lots in Phase I or in Phase II to the Property sold after March 12, 1975.
3. RESERVATIONS
It is acknowledged that Olde Point Development, Inc. has reserved unto itself, its successors and assigns, a perpetual, alienable and releaseable easement and right, on, over, and under the ground to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains and other suitable equipment for the purpose of providing electricity, telephones, gas, sewer, water or other public conveniences or utilities to the lot owners. Such rights may be exercised by any licensee of the corporation, but this reservation shall not be considered an obligation of the corporation to provide or maintain any such utility or service.
4. BUILDING AND SITE IMPROVEMENTS
(a) No building, fence, wall, bulkheading, dock or other structure shall be erected, placed or altered on any residential lot, nor shall the grade or elevation or physical characteristics of any lot, or portion thereof, be altered in any way whatsoever, until the proposed building plans, specifications, exterior colors and finishes, site, and grading plans (showing the proposed location of such building or structure, drives, parking areas and proposed alterations to the grade, elevation or physical characteristics of the site) and the construction schedule have been approved in writing by the Architectural Control Committee] Refusal of approval of any such plans, locations or specification may be based by the Architectural Control Committee upon any ground, including types of construction or design which are inconsistent with the neighboring homes, and/or purely aesthetic and environmental considerations, that in the sole discretion of the Architectural Control Committee shall seem sufficient. Without prior written consent of the Architectural Control Committee, no changes or deviations in or from such plans or specifications as approved shall be made. No alterations in the exterior appearance of any building, fence or structure, or changes in the grade, elevation or physical characteristics of any lot shall be made without like approval by the Architectural Control Committee. One (1) copy of all plans and related data shall be furnished the Architectural Control Committee for its records. The Architectural Control Committee shall not be responsible for any structural or other defects in plans and specifications submitted to it or in any structure erected according to such plans and specifications. The Architectural Control Committee may require additional data from any lot owner seeking its approval on adjacent and related lots and related matters such as water well engineering and specifications, and may include in its approvals reasonable terms and conditions to apply to groups of lots such as water well standards and surface water effluent requirements, and to apply to construction site sanitary maintenance and clean up.
(b) Owners shall maintain their lots free of natural or unnatural refuse or unsightly objects such as dead trees.
(c) Burning on lots that are being cleared and/or prepared for building, or burning during construction, is not allowed.
5. APPROVAL OF PLANS
(a) No house plan will be approved unless the proposed house, if one story, shall have a minimum of 1,800 square feet of enclosed dwelling area, or if two stories, shall have a minimum of 2,250 square feet of enclosed dwelling area, of which a minimum of 1,500 square feet shall be the first
story, unless specifically exempted by the Architectural Control Committee. The term "enclosed dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling; provided, however, that such term does not include garages, finished room/s over garages, terraces, decks, open porches, and like areas; provided further, that shed type porches, even though attached to the house are specifically excluded from the definition of the aforesaid term "enclosed dwelling area."(b) No building shall be built within 15 feet of the boundary of an adjacent lot. Since the establishment of inflexible building setback lines for location of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines are established by these Restrictions. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other building upon any lot shall be controlled by and must be approved absolutely by the Architectural Control Committee. The Architectural Control Committee shall have the authority to issue approval of plans so long as such variation is no more than ten percent (10%) (1.5 ft.) of the setbacks as set forth in these restrictions.
(c) The exterior of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to strikes, fires, national emergency, or natural calamities. Any application or interpretation of this provision shall be the sole responsibility of the Architectural Control Committee.
(d) No structure, except as hereinafter provided, shall be erected, altered, placed or permitted to remain on any lot other than a single family dwelling not to exceed two (2) stories in height, unless the Architectural Control Committee approves, in writing a structure of more than two (2) stories pursuant to Paragraphs 4(a) and 5(a) hereof, and one (1) or more small accessory buildings (which may include a detached private garage, servants quarters or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Architectural Control Committee overcrowd the site, and provided further that such buildings are not used for any activity normally conducted as a business. Such accessory building may not be constructed prior to the construction of the main building.
(e) All service utilities, fuel tanks, clothes lines, trash, and garbage containers are to be enclosed within a fence, wall or plant screen of a type and size approved by the Architectural Control Committee, so as to preclude the same from causing an unsightly view from the highway, street, or way within the subdivision, or from any other residence within the subdivision.
(f) Garage or carport parking for not less than two (2) passenger automobiles must be provided on each lot prior to the occupancy of any dwelling constructed on said lot, which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or crushed stone.
(g) No heating or cooling system shall discharge surface water generated by the system from any lot without prior approval from the Architectural Control Committee.
6. RESIDENTIAL USE
(a) All lots shall be used for residential purposes exclusively. No business employing persons, other than the lot owner, and no manufacturing or processing business may be conducted in any house, structure, or on a lot in Phase I or Phase II of Olde Point
(b) No trailer, tent or other structure of a temporary character shall be placed upon any lot at any time, provided, however, that this prohibition shall not apply to shelters used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any time be used as residences, or be permitted to remain on the lot after the completion of the construction.
(c) Boats and boat/utility trailers may be parked on an owner's lot so as to be unobtrusive from the road, such as behind or beside the dwelling or other main structure. Boats and trailers may not be parked curbside. ,
(d) Mobile homes may not be parked or located at any place within the subdivision.
(e) Recreation Vehicles or Travel Trailers may not be parked on any lot or at curbside, except for brief periods for routine loading/unloading/cleaning and except for instances of short visits by bona fide guests, without approval in advance by the ACC.
(f) Owners of lots shall provide that construction equipment will be moved from any lot within
ten days of completion of construction.(g) Personal automobiles/pickup trucks shall not routinely be parked off of established driveways/pull-offs.
(h) Commercial vehicles larger than standard size pickup trucks shall be kept in garages.
7. MAINTENANCE
(a) It shall be the responsibility of each lot owner to prevent the development of any unclean or unsightly condition of buildings or grounds on such lot which would tend to substantially decrease the beauty of the neighborhood as a whole, or the specific area. Unsightly, inoperative, junk vehicles, or unregistered cars, trucks, tractors, and like eyesores cannot be stored on the property unless they are garaged and out of sight.
(b) No shrub or hedge planting, which obstructs the sight line view of approaching vehicles, shall be permitted on any corner lot. Foliage must be maintained at a level sufficient to prevent obstruction of view of approaching traffic.
(c) No noxious or offensive trade shall be carried on upon any lot, nor shall anything be done thereon to cause embarrassment, discomfort, annoyance, or nuisance to the neighborhood. There shall not be maintained any plants or animals, nor device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly or unpleasant so as to diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof.
(d) RENTAL PROPERTY - Owners of property in Phase I or Phase II that is rented out remain responsible for the condition of their property and must ensure that their renters comply with all applicable Restrictions contained in these Restrictive Covenants.
8. VIOLATIONS
In the event that any lot owner shall fail or refuse to keep such premises free from underbrush, refuse piles, unsightly growth or dead trees, then the Architectural Control Committee may designate
someone to enter upon such lands and remove the same at the expense of the owner, and such entrance shall not be deemed a trespass, and in the event of such removal a lien shall arise and be created in favor of the Olde Point Property Owner's Association, Inc./Architectural Control Committee for the full amount of the cost thereof chargeable to such lot, including collection costs, and such amounts shall be due and payable within thirty (30) days after the owner is billed therefor. Such lien shall be enforceable by Court proceedings as provided by law for enforcement of liens.
9. HOUSEHOLD PETS
No horses, cattle, swine, or other livestock, or poultry, or animals of any kind shall be raised, boarded or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, boarded or maintained for any commercial purpose. Owners of household pets shall control them at all times either to within the boundaries of the owner's property, or by leash or similar physical restraint when off the owner's property. All owners or guardians of pets are requested to avoid walking their pet on property where there is a residence. If any pet leaves litter on any residential property in Olde Point other than the pet owners property, the said pet owners are required to clean up the litter. Pens for household pets shall not be obtrusive from the road.
10. SIGNS, ANTENNAS, AND APPURTENANCES
(a) No sign or billboard of any description shall be displayed on any lot, other than private name plates or signs for identification of the residents, of not more than two (2) square feet, and signs advertising the property "FOR RENT" or "FOR SALE" of not more than five (5) square feet, and as the Architectural Control Committee may have approved. The "FOR RENT" or "FOR SALE" signs should be placed parallel to the road and at least fifteen (15) back from the edge of the road.
(b) No satellite dish or TV or radio antenna shall be located on any lot or external to any structure on any lot, except that an 18" digital satellite dish may be installed if it is mounted on the house in an unobtrusive manner. Specific approval of the Architectural Control Committee is required for any other mounting of 18" dishes.
(c) No fences shall be located on any lot except as have been approved by the Architectural Control Committee. Fences are generally discouraged except for special circumstances such as safety around swimming pools. Invisible fencing is recommended for dogs.
(d) No separate newspaper boxes are permitted. Newspaper boxes should be combined with mail boxes on one post.
11. SUBDIVIDING
No lot shall be subdivided, or its boundary lines changed except with the prior consent of the Association.
12. ENFORCEMENT
In the event of a violation or breach of any of these restrictions by any lot owner, or agent of such owner, the Association, its successors or assigns, or the owner of any lot in Phase I or Phase II, or any of them jointly or severally, shall have the right to proceed at law or equity to compel a compliance with the terms hereof, or to prevent the violation or breach. In addition to the foregoing, the Association,
its successors or assigns shall have the right, whenever there shall have been built on any lot any structure which is in violation of these restrictions, to enter upon such property where such violation exists, and summarily abate or remove the same, at the expense of the owner, if after thirty (30) days written notice of such violation, which shall not have been corrected by the owner. Any such entry and abatement or removal shall not be deemed a trespass. The failure to enforce any right, reservation, restriction, or condition herein contained, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach, or as to a breach occurring prior or subsequent thereto, and shall not bar or effect its enforcement.13. FIREARMS
NO FIREARMS MAY BE DISCHARGED WITHIN THE SUBDIVISION.
14. EASEMENTS OF ACCESS AND OPEN SPACE
(2) Each and every lot owner is hereby granted an easement to pass over, use and enjoy open spaces now or subsequently designated on recorded plats as community open space, and all roads, bridges, and rights-of-way, provided, however, that the Association, its successors or assigns, shall retain the right to establish rules or regulations for the use and enjoyment of all such property; and provided further that all such rules and regulations shall be subject to the approval of the Architectural Control Committee.
(b) The Developer has reserved the right to erect and maintain utilities, drainways and other public conveniences in common lands, including the right to cut any trees, bushes or shrubbery, make any grading in the soil, build buildings or take any similar action reasonable and necessary or desirable to provide economical and safe installation of service. Such rights may be exercised by a licensee of the Developer.
(c) The Developer has reserved to itself, its successors and assigns, the right to construct, lease, operate and manage any club, marina, or other like facility with associated amenities, upon any of the property not designated as a residential lot for the mutual enjoyment of the owners and to establish reasonable fees, rules and regulations for the use thereof
15. ABSENCE OF DEDICATION TO PUBLIC USE
Nothing in these restriction, nor in the recording of any plat or deed pursuant hereto, shall dedicate (or be deemed to dedicate) to public use any of the streets, bridges, common land or other grounds within Olde Point Development.
16. INVALIDATION
The invalidation by any court, agency or legislation of any provision in these restrictions shall in no way effect any of the other provisions of these restrictions, but the same shall remain in full force and effect.
17. COVENANTS RUN WITH THE LAND
(a) All covenants, restrictions and affirmative obligations set forth in these restrictions shall run with the land and shall be binding on all purchasers of lots in said subdivision, their successors and
assigns, until January 1, 2010, after which time all said covenants shall automatically be extended for successive periods often (10) years, unless an instrument signed by a majority of the then owners of lots has been recorded, agreeing to change, amend or revoke said covenants in whole or in part.(b) The Restrictions executed March 12, 1975 shall remain in full force and effect except that the changes, amendments, and revocations set forth in the one or more instruments appended hereto (amendments) signed by or on behalf of a majority of owners of lots as of January 1, 2000, and recorded, agreeing to change, amend, or revoke such Restrictions in whole or in part as specified in those instruments shall become effective as of January 1, 2000. Further, after January 1, 2000 these Restrictions may be amended by affirmative vote of the Association at its duly noticed and called meetings whether annual, special, or otherwise, and that said amendments as approved by said Association shall have foil force and effect as if approved by a majority of the lot owners. After January 1, 2000, these restrictions may be restated for the convenience of owners of lots to incorporate changes, amendments, or revocations made as of January 1, 2000, as a single document provided such single document is duly recorded.
In Witness Whereof, Olde Point Property Owners Association, Inc. as authorized and directed by a majority of the owners of lots in Olde Point Development which are subject to these Restrictions, and attesting that said majority of owners of lots did sign instruments agreeing to change, amend, or revoke the Restrictions executed March 12, 1975, in whole or in part, as set forth herein above and as restated above, has caused this instrument to be executed by its proper corporate officers this 8th day of November 1999.
Attest Olde Point Property Owners Assoc., Inc.
Johanna M Timberlake
(signed)
Walter W. Rich (signed)
Secretary
President
STATE OF NORTH CAROLINA
COUNTY OF PENDER
This 8th day of November 1999, personally appeared before me, Walter W. Rich, who being by me duly sworn, says that he is President, Olde Point Owners Association., Inc. and that the seal affixed to the foregoing instrument in writing is the corporate seal of the Association, and that the said writing was signed and sealed by him, in behalf of said Association, by its authority duly given. And said Johanna M Timberlake acknowledged the said writing to be the act and deed of said Association.
Tammy Toukatly (signed)
Notary Public
My Commission Expires:
October 8, 2003