Declaration of Covenants, Conditions and Restrictions
STATE OF NORTH CAROLINA, COUNTY OF WAKE
BOOK 3539, PAGES 725-732
THIS DECLARATION, made this 20th day of August, 1985, by Raven Ridge Associates, a North Carolina general partnership, A. Hardy Mills Builder, Inc., a North Carolina corporation, Schenk Construction Company, a North Carolina corporation, and Byron Glenn Mitchell and his wife, Dee Green Mitchell, both residents of Wake County, North Carolina (collectively referred to as “Declarant”);
W I T N E S S E T H:
WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration and desires to subject such property to the Protective Covenants contained herein, 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 to each and every lot or parcel thereof, and shall apply 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 on Exhibit A attached hereto and incorporated herein by reference.
The real property described in Article I hereof is subjected to the Protective Covenants hereby declared to insure the best use and the most appropriate development and improvements 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 improper 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 thereon, 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 improvements 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 one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than three cars.
Site and Plan Approval. No building, fence, swimming pool, or any other structure shall be erected, placed, or altered on any premises (including, without limitation, changing materials, or color of any exterior portion of any such improvements), 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 topographs and finished ground elevation by an architectural committee (the Architectural Committee) composed of three persons designated and appointed by Raven Ridge Associates (“Raven Ridge”) 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, 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 residential structure which has a heated area of less than the minimum square footage specified in this Article, exclusive of porches, breeze-ways, steps, garages, basements and unfinished areas, shall be erected or placed or permitted to remain on any lot:
- 1 Story: 1450 square feet
- 1 1/2 Story: 1000 square feet on first floor
- 2 Story: 1700 square feet
- Split Level: 1700 square feet
All driveways shall be paved (concrete or asphalt) from street to a length of at least 50 feet. Raven Ridge, on behalf of all Declarants, reserves the right to waive in writing any minor violation of this Article of this Declaration, and for purposes hereof, any violation which does not exceed 10% shall be considered a minor violation.
Building Location. No building shall be located on any lot nearer to the front line than 60 feet or nearer to the rear line than 30 feet, or nearer to the side street than 30 feet in the case of a corner lot. The Architectural Committee may for good cause waive a violation of the set back requirements provided for herein. This waiver shall be in writing and recorded in the Wake County Registry. A document executed by the Architectural Committee shall be, when recorded, conclusive evidence that the requirements of this Article have been complied with. No building or garage shall be located nearer than 20 feet to an interior lot line. No other permitted accessory building shall be located nearer than 15 feet to an interior lot line or nearer than 50 feet from the minimum building front setback line. For the purpose of this covenant, eaves, steps, chimneys and stoops 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. Raven Ridge, on behalf of all Declarants, reserves the right to waive in writing any minor violation of this Article of this Declaration and for purposes hereof, any violation which does not exceed 20% shall be considered a minor violation.
Lot, Area and Width. No dwelling shall be erected or placed on any lot having a width less than 100 feet at the minimum building front setback line nor shall any dwelling be erected or placed on any lot having an area of less than 40,000 square feet. Raven Ridge, on behalf of all Declarants, reserves the right to waive in writing any minor violation of this Article of Declaration and for purposes hereof, any violation which does not exceed 10% shall be considered a minor violation.
Easements. Easements for installation and maintenance of utilities, drainage facilities and erosion control devices are reserved as shown on the recorded plat and over the front 10 feet of each lot, 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 easements, 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, drainage facilities and erosion control devices, or which may change the direction of flow or drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. An easement of 10 feet across the front of each lot is further reserved for construction equipment, materials and personnel during the period that streets, curbing and guttering are being constructed in the Banbury Woods Subdivision. 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 lot or dwelling constructed thereon shall be used for any purpose which is not permissible under applicable governmental residential zoning regulations. No business trade or activity may be conducted on any lot with the exception of a limited office at home if permitted by the Board of Directors of the Association.
Temporary Structures. Except with the prior written consent of the Architectural Committee, no trailer, tent, shack, barn, or other outbuilding, except a private garage for not more than three cars, shall be erected or placed on any lot covered by these covenants. Except with the prior consent of the Architectural Committee, no detached garage shall at any time be used for human habitation temporarily or permanently.
Fences. No fence, wall hedge, or mass planting shall be permitted to extend beyond the front of any dwelling or beyond the minimum building front setback line or within 50 feet of any street right of way line established herein except upon approval by the Architectural Committee. No fence of any kind whatsoever, including but not limited to chain link and wire fencing, shall be installed or erected without the prior approval of the Architectural Committee; provided however, under no circumstances shall a chain link or wire fence be approved that is visible from the street.
Accessory Buildings. No accessory building of any nature whatsoever (including but not limited to detached garages, storage buildings, dog houses and greenhouses) shall be placed on any lot without the prior written approval of the Architectural Committee, with said Committee to have the sole discretion relating to the location and type of accessory building which shall be permitted on any lot.
Appearance. Each Owner shall keep his building site free of tall grass, undergrowth, dead trees, trash and rubbish and his property maintained so as to present a pleasing appearance. No trash, rubbish, stored materials, wrecked, abandoned or inoperable vehicles, or similar unsightly items shall be allowed to remain on any lot. In the event an Owner does not properly maintain his lot as above provided, in the opinion of the Architectural Committee, then the Association may have the required work done and the costs thus incurred shall be paid by the Owner.
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 motor vehicles 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 similar property on the streets in the development, and such property shall be parked in a garage or screened area which is approved by the Architectural Committee in accordance with rules governing such items adopted by the Board of Directors of the Association.
Underground Utilities and Street Lighting. Raven Ridge, on behalf of all Declarants, reserves the right to subject the real property described hereinabove to a contract with Carolina Power & Light Company for the installation of underground electric cables and the installation of street lighting, either or both of which may require a continuous monthly charge to the owner of each building lot. Upon acceptance of a deed to a lot, each owner agrees to pay to Carolina Power and Light Company the continuing monthly payment therefor as approved by the North Carolina Utilities Commission, or other appropriate government authorities. Raven Ridge, on behalf of all Declarants, reserves the right to contract on behalf of each lot with Carolina Power and Light Company, or its successors and assigns, for street lighting service. Upon acceptance of a deed to a lot, each owner agrees to pay to Carolina Power and Light Company the continuing monthly payment therefor as approved by the North Carolina Utilities Commission, or its successors or other appropriate governmental authority.
Term. These covenants are to run with the land and shall be binding upon all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument 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 violate any covenant either to restrain violation or to recover damages.
Notwithstanding anything herein to the contrary, the Board of Directors of the Banbury Woods Homeowners Association shall have the power to enforce any of the provisions of this Declaration of Covenants, Conditions and Restrictions and in furtherance thereof, without waiving any other legal or equitable remedies, may impose and levy reasonable fines and penalties for the violation of any of the provisions of this Declaration, the Declaration of Covenants, Conditions and Restrictions for Common Properties in Banbury Woods Subdivision and Provisions of Banbury Woods Homeowners Association, and the By-Laws and duly adopted rules and regulations of the Association.
Severability. Invalidation of anyone of these covenants or any part thereof by judgment or court order in no ways affects 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.
Amendments. At any time, the owners of the legal title to two-thirds (2/3) of the lots within Banbury Woods Subdivision (as shown by the Wake County Records) may amend the covenants, conditions and restrictions set forth herein by recording an instrument containing such amendment(s), except that, for the five (5) years following the recording of this Declaration, no such amendment shall be valid or effective without the joinder of Declarant.
A. Property of Raven Ridge Associates.
Beginning at an iron pin which marks the southwest corner of Tract #2 of the land conveyed to John A. Edwards and James B. Turner, Jr. , by deed dated March 31, 1965, recorded in Book 1637, Page 582 of the Wake County Registry; thence with the property, line of Tract #2 and Tract #1 of the land described in said deed, six calls as follows: (1) North 00 degrees 26 minutes 30 seconds West 1056 feet to a point, (2) North 81 degrees 44 minutes 05 seconds West 494.12 feet to a point, (3) North 34 degrees 37 minutes East 973.23 feet to an iron pin, (4) North 33 degrees 35 minutes East 370.46 feet to an iron pin, (5) North 28 degrees 27 minutes West 1050.14 feet to a stone corner, and (6) North 39 degrees 12 minutes East 406.26 feet to a point, a corner of the land conveyed to the United States of America by deed recorded in Book 2610 Page 167 of the Wake County Registry thence with the property line of the United States of America, South 35 degrees 19 minutes 53 seconds East 382.20 feet to a point; thence along a new line, seven calls as follows: (1) South 74 degrees 05 minutes 42 seconds East 324.91 feet to a point, (2) South 32 degrees 43 minutes 37 seconds East 475.88 feet to a point, (3) North 51 degrees East 240 feet to a point, (4) North 39 degrees West 45 feet to a point, (5) North 51 degrees East 325 feet to a point, (6) South 22 degrees 22 minutes 30 seconds East 461.67 feet to a point, and (7) South 79 degrees 23 minutes 35 seconds East 716.79 feet to a point in the center of a stream and in the property line of Tract #2 of the land described in said deed dated March 31, 1965; thence with the center of said stream three calls along a traverse line as follows: (1) South 19 degrees 35 minutes West 138.70 feet, (2) South 41 degrees 12 minutes West 164.80 feet and (3) South 33 degrees 37 minutes West 117.12 feet to a point evidenced by an iron pin located on the eastern bank of said stream and designated as “A” on the map referred to below; thence continuing with the property line of the land described in said deed dated March 31, 1965, South 85 degrees 52 minutes East 15 feet to said iron pipe designated “A” and continuing South 85 degrees 52 minutes East 1247.42 feet to an iron pin, the northwest corner of the land conveyed to John A. Edwards and Oberlin Associates by Robert L. Emanuel, Trustee, thence continuing South 85 degrees 52 minutes East 228.15 feet to a point in the western edge of the right of way of State Road No. 2010; thence with said right of way of State Road No. 2010 six calls as follows: (l) in a southerly direction along a curve to the right with a radius of 1070.9 feet an arc distance of 239.21 feet to a point, (2) in a southerly direction along a spiral curve, said curve having a chord with a bearing and distance of South 22 degrees 53 minutes 37 seconds West 164.40 feet to a point, (3) North 65 degrees 48 minutes 23 seconds West 10 feet to a point, (4) South 24 degrees 11 minutes 37 seconds West 230 feet to a point, (5) along a spiral curve with a chord bearing and distance of South 22 degrees 44 minutes 37 seconds West 176.20 feet to a point and (6) in a southerly direction along a curve to the left with a radius of 1230.92 feet, an arc distance of 523.91 feet to a point in the southern property line of the land described in said deed dated March 31, 1965; thence with the property line of said land (partially along State Road 2008 and State Road 2007) four calls as follows: (1) South 62 degrees 23 minutes West 1155.12 feet to a point, (2) South 63 degrees 49 minutes West 517.82 feet to a point, (3) South 14 degrees 55 minutes West 130.05 feet to an iron pin, and (4) North 85 degrees 44 minutes West 1471.55 feet to the point of beginning, containing 177.20 acres, more or less, according to a map entitled “PROPERTY TO BE ACQUIRED BY ALTON L. SMITH, RALEIGH, N.C.” dated May 7, 1984, revised May 21, 1984, prepared by John A. Edwards & Co., Engineers; excluding, however, the property described below as belonging to A. Hardy Mills Builder, Inc., Schenk Construction Company and Byron Glenn Mitchell and wife, Dee Green Mitchell.
B. Property of A. Hardy Mills Builder, Inc.
Being all of lots 1, 2, 5, 6, 7, 8, 9, 10, 11, 12 and 151, as shown on the map prepared by John A. Edwards & Company dated January 9, 1985 entitled “Banbury Woods Subdivision Phase I,” and recorded in Book of Maps 1985, Page 292, Wake County Registry.
C. Property of Schenk Construction Company.
Being all of lots 142, 143, 144, 145, 147, 148, 149, 153, and 154, as shown on the map prepared by John A. Edwards & Company, dated March 13, 1985, entitled “Banbury Woods Subdivision Phase II,” and recorded in Book of Maps 1985, Page 631, Wake County Registry; and being all of lot 152, as shown on the map prepared by John A. Edwards & Company dated January 9, 1985, entitled “Banbury Woods Subdivision Phase I,” and recorded in Book of Maps 1985, Page 292, Wake County Registry.
D. Property of Byron Glenn Mitchell and Dee Green Mitchell.
Being all of lot 4, as shown on the map prepared by John A. Edwards & Company, dated January 9, 1985, entitled “Banbury Woods Subdivision Phase I,” and recorded in Book of Maps 1985, Page 292, Wake County Registry.