WINDY RIDGE HOMEOWNERS ASSOCIATION COVENANTS
DECLARATIONS OF RESTRICTIONS AND EASEMENTS
Renewed 2019
KNOW ALL MEN BY THESE PRESENT:
THAT, Tarheel Wood Treating Co., Inc., a North Carolina Corporation, is the owner of all that certain parcel of land described as BIG WOODS HILLS, Section III, Phase 2, Lots 40, 41 and 42 as depicted in Plat Slide 88- 295, Chatham County Registry; and,
WHEREAS, the property is intended for dwelling sites, and the Declarants hereof decree and intend that the several purchasers, owners, and mortgagees thereof, and all persons acquiring any interest therein, now or hereafter, shall at all times enjoy the benefits of and shall hold their individual parcels subject to the rights, easements, privileges, burdens, and uses hereinafter set forth; and,
WHEREAS, Declarants desire to provide for adequate maintenance of the road easements running through the properties;
NOW THEREFORE, Declarants do hereby declare, covenant and agree that the following rights, easements, burdens, covenants, uses and all privileges shall and do exist at a11 times hereafter among the several persons, firms, corporations, or other legal entities who may acquire title, own, purchase or mortgage all or any portion of the property depicted in Plat Slide 88-295 , Chatham County Registry, in the manner and to the extent set forth herein; and the declaration and restrictions contained herein shall be easements appurtenant to and running with the land, binding upon and inuring to the benefit of the undersigned, all their grantees, and their respective heirs, successors, personal representatives or assigns and each and every person owning or having an interest in any of said property as follows:
1. USE OF PROPERTY. Except as provided herein only one single family residence may be constructed on any tract. Trailers and doublewides shall not be permitted to be set up on the property. Apartment for relatives or domestic servants shall be permitted if attached to the principal residential structure or if incorporated into a detached garage.
2. RESIDENTIAL ACTIVITY. All tracts and any buildings constructed thereon shall be used for residential purposes, and shall not at any time be used for purposes of industry or manufacturing. This shall not preclude a professional from an office in his home or crafts. Subject to the other terms and conditions contained within these restrictions, agrarian and horse related activities shall be permitted. Commercial hog or chicken farming shall not be permitted.
3. SETBACK AND CLEARING. No dwelling or structure of any type whatsoever shall be located on any building lot or site nearer to the front property line than fifty (50) feet or nearer to the side or rear property lines than thirty-five (35) feet. No more than 2 acres in five shall be cleared. No clearing shall be allowed within fifty (50) feet of any road easement. Reasonable clearing for construction and maintenance of structures shall be permitted.
4. SQUARE FOOTAGE. No single-family principal dwelling shall be built, erected, altered or used unless the main body of the structure, exclusive of garages, porches, breezeways, stoops and terraces shall contain at least 1,350 square feet of floor space. The ground floor area of the main residential structure shall not contain less than 900 square feet. No residential structure shall exceed two and one-half (2½) stories. Measurement for computing floor space shall be made from outside wall lines.
5. DOGS. No free roaming dogs shall be permitted.
6. GARBAGE AND DEBRIS. No tract or lot shall be used or maintained as a dumping ground for rubbish, and no junk or disabled motor vehicles shall be allowed on said property. Trash, garbage or other waste shall not be kept except in sanitary containers which shall not be visible from the street unless shielded by a fence or fencing compatible with surrounding structures.
7. SCREENING. Personal property such as boats, travel trailers, large trucks, clotheslines, etc. shall be discreetly screened or unobtrusively located or stored at the rear of the lot.
8. OBNOXIOUS ACTIVITY. No obnoxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may or might become an annoyance to the neighbors.
9. ANIMALS. No hog may be kept on any tract or lot. No use of said property for any animals or fowl shall be made which shall be noxious to the adjoining property owners or the neighborhood. Limited numbers of household-pets may be kept on homesites under reasonable regulations of control and sanitation. Ten (10) chickens shall be permitted per tract or lot, so long as they are confined in pens. Cattle shall be allowed on the basis of one cow per two acres of cleared pasture. One horse may be kept per one acre of cleared pasture.
10. BARNS. Any structure for keeping of animals shall be permitted but must be located at least seventy-five (75) feet from the nearest right-of-way line of any street, road or easement and at least thirty five (35) feet away from any adjacent property line. No structure for said purpose shall be located between any dwelling constructed on any tract and any street, road or right-of-way.
11. EASEMENT GRANT. Declarants grant a perpetual, permanent, irrevocable easement, sixty (60) feet in width, to run with the land and to survive these covenants to Lots 40, 41 & 42 as depicted on Plat Slide 88- 295 for the purposes of ingress, egress and regress from S. R. 1716 as depicted on said Plat Slide, the centerline of which runs between points 62 and 100 as shown on said Plat Slide.
12. EXISTING AND RESERVED EASEMENTS. All tracts that may be here after conveyed shall be accepted subject to any easement or right-of-way that may have been previously granted for power, light, telephone, drainage facilities or any other purpose Declarants reserve the right to install and maintain and to license or permit the installation and maintenance of services and all utilities on, under and along the fifteen (15) feet adjacent to any property lines or road easement and in, under and over streets, r6ad easements and rights-of-way. This reservation of easement is perpetual, running with the land, regardless of the expiration of these covenants.
13. ASSIGNMENT OF EASEMENTS. Declarants reserve the right to assign any existing easement, or any easement or reserved strip to benefit lands not currently benefitted or burdened by said easement, without consent of or remuneration.to any lot owner burdened or benefitted by· such easement. No other rights-of-way or access easements shall be granted for the benefit of any tract outside the properties covered by these covenants.
14. COMPLIANCE WITH HEALTH REGULATIONS. All individual water supply systems and sewage disposal systems shall be constructed in accordance with specifications of the Chatham County Health Department or any other agency having jurisdiction thereof.
15. LANDSCAPING. Landscaping or areas not used for structures upon any tract or lot shall be done in a manner so as to preserve the natural forest or improve upon the natural beauty and to prevent soil erosion. No chain link fencing shall be allowed next to any road easement or right-of-way. Wire mesh or three rail board fencing shall be allowed.
16. STANDARD OF ROAD MAINTENANCE. All road easements shall be maintained to the level required by the Chatham County Ordinances for gravel roads. The owners of any property subjected to these restrictions, their heirs, successors and assigns, have the right to upgrade the standard of the road in whole or in part to meet county standards for paved roads or any other standard, but such owners shall be solely responsible for the cost of such upgrading; and the other owners of affected property shall remain liable for the maintenance and repair of the road, but only to the extent that they would be liable had the standard of the road not been upgraded, unless such liability is imposed by unanimous assent of all affected land owners.
17. ROAD MAINTENANCE ASSESSMENTS. Every tract within the properties herein restricted and every tract that has been or is granted access through or along said properties shall be subjected to assessments from time to time for maintenance of the road easement depicted as Windy Ridge Road on present and subsequent recorded plats of Big Woods Hills, section III as required in Paragraph 16, above, along with the other owners of Lots in Big Woods Hilla, Sections III and I, who are granted access to S.R. 1716 directly from said Windy Ridge Road. Each owner shall contribute the amount of one hundred dollars ($100.00) to the Windy Ridge Road Homeowners Association upon the purchase of each tract, and shall con tribute sums thereafter in accordance with this Paragraph. Assessments may be changed at any time by majority vote of all landowners maintaining said road.
The tract owners herein concerned shall meet at least annually, and in any event whenever necessary. The owners shall be required. to pay their pro rata share of the cost of maintenance of said easement based on number of lots owned as such costs become due. A majority of the property owners responsible for the maintenance or repair of subject right-of-way shall have the power to file with the Register of Deeds of Chatham County a Notice of Assessment Lien against any property for which a maintenance or repair assessment has not been paid within 30 days of such assessment: such lien, however, shall be subordinate to any duly recorded first deed of trust.
The funds held by the Windy Ridge Road Homeowners Association shall be owned jointly by all tract owners of the properties subject to providing road maintenance for said Windy Ridge Road and who are granted access to S. R. 1716 directly from said Windy Ridge Road. The funds shall be used for road maintenance and related expenses and for the costs of administering this fund. The fund shall not be subject to partition by any individual tract owner. No funds shall be disbursed except on the signatures of two owners duly elected by majority vote of all the owners of the Homeowners Association. The owners shall have one vote for each tract granted to them. The Homeowners Association may pass and enact such rules and by-laws as they will by majority vote so long as those are not inconsistent with these covenants or other legal representations.
18. DAMAGE TO ROAD. Any damage caused by driveway connections, by heavy truck or machinery, or by abuse of the easement shall be repaired at the expense of the owners responsible for the damage.
19. EXPIRATION OF COVENANTS: Amendments. These restrictions or any changes therein shall inure for the benefit of and run with the land and shall be binding on all parties or persons claiming under the, said Declarants, until January 1, 2019, at which time said restrictions shall terminate, however, the restrictions herein contained may be extended in whole or in part for any definite period by any written declaration of the owners of two-thirds (2/3) of the tracts within the restricted properties, provided that such declaration is recorded in the office of the Register of Deeds of Chatham County, North Carolina; provided further that any of the restrictions herein contained, except Paragraph 16, may at any time be changed by mutual consent in writing of (a) the owners of all tracts on which restrictions are to be changed, and (b) the owners of two-thirds (2/3) of all the properties herein restricted. (Note: Renewed in 2019)
20. INVALIDATION. Invalidation of one of these restrictions or covenants by judgment or court order shall in no way affect. any of the other provisions, which shall remain in full force and effect.
21. ENFORCEMENT. Enforcement of these covenants or restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. These restrictions shall be construed in accordance with the laws of the state of North Carolina and maybe enforced in any court of law or equity. The present owners of said property or any subsequent grantees of the property do hereby agree by accepting a deed or any other property interest for any portion of said property to be bound by the terms herein.
IN WITNESS WHEREOF, Tarheel Wood Treating Co., Inc. has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, this 30th day of August 1988.
DECLARATIONS OF RESTRICTIONS AND EASEMENTS
Renewed 2019
KNOW ALL MEN BY THESE PRESENT:
THAT, Tarheel Wood Treating Co., Inc., a North Carolina Corporation, is the owner of all that certain parcel of land described as BIG WOODS HILLS, Section III, Phase 2, Lots 40, 41 and 42 as depicted in Plat Slide 88- 295, Chatham County Registry; and,
WHEREAS, the property is intended for dwelling sites, and the Declarants hereof decree and intend that the several purchasers, owners, and mortgagees thereof, and all persons acquiring any interest therein, now or hereafter, shall at all times enjoy the benefits of and shall hold their individual parcels subject to the rights, easements, privileges, burdens, and uses hereinafter set forth; and,
WHEREAS, Declarants desire to provide for adequate maintenance of the road easements running through the properties;
NOW THEREFORE, Declarants do hereby declare, covenant and agree that the following rights, easements, burdens, covenants, uses and all privileges shall and do exist at a11 times hereafter among the several persons, firms, corporations, or other legal entities who may acquire title, own, purchase or mortgage all or any portion of the property depicted in Plat Slide 88-295 , Chatham County Registry, in the manner and to the extent set forth herein; and the declaration and restrictions contained herein shall be easements appurtenant to and running with the land, binding upon and inuring to the benefit of the undersigned, all their grantees, and their respective heirs, successors, personal representatives or assigns and each and every person owning or having an interest in any of said property as follows:
1. USE OF PROPERTY. Except as provided herein only one single family residence may be constructed on any tract. Trailers and doublewides shall not be permitted to be set up on the property. Apartment for relatives or domestic servants shall be permitted if attached to the principal residential structure or if incorporated into a detached garage.
2. RESIDENTIAL ACTIVITY. All tracts and any buildings constructed thereon shall be used for residential purposes, and shall not at any time be used for purposes of industry or manufacturing. This shall not preclude a professional from an office in his home or crafts. Subject to the other terms and conditions contained within these restrictions, agrarian and horse related activities shall be permitted. Commercial hog or chicken farming shall not be permitted.
3. SETBACK AND CLEARING. No dwelling or structure of any type whatsoever shall be located on any building lot or site nearer to the front property line than fifty (50) feet or nearer to the side or rear property lines than thirty-five (35) feet. No more than 2 acres in five shall be cleared. No clearing shall be allowed within fifty (50) feet of any road easement. Reasonable clearing for construction and maintenance of structures shall be permitted.
4. SQUARE FOOTAGE. No single-family principal dwelling shall be built, erected, altered or used unless the main body of the structure, exclusive of garages, porches, breezeways, stoops and terraces shall contain at least 1,350 square feet of floor space. The ground floor area of the main residential structure shall not contain less than 900 square feet. No residential structure shall exceed two and one-half (2½) stories. Measurement for computing floor space shall be made from outside wall lines.
5. DOGS. No free roaming dogs shall be permitted.
6. GARBAGE AND DEBRIS. No tract or lot shall be used or maintained as a dumping ground for rubbish, and no junk or disabled motor vehicles shall be allowed on said property. Trash, garbage or other waste shall not be kept except in sanitary containers which shall not be visible from the street unless shielded by a fence or fencing compatible with surrounding structures.
7. SCREENING. Personal property such as boats, travel trailers, large trucks, clotheslines, etc. shall be discreetly screened or unobtrusively located or stored at the rear of the lot.
8. OBNOXIOUS ACTIVITY. No obnoxious or offensive activity shall be carried on upon any tract, nor shall anything be done thereon which may or might become an annoyance to the neighbors.
9. ANIMALS. No hog may be kept on any tract or lot. No use of said property for any animals or fowl shall be made which shall be noxious to the adjoining property owners or the neighborhood. Limited numbers of household-pets may be kept on homesites under reasonable regulations of control and sanitation. Ten (10) chickens shall be permitted per tract or lot, so long as they are confined in pens. Cattle shall be allowed on the basis of one cow per two acres of cleared pasture. One horse may be kept per one acre of cleared pasture.
10. BARNS. Any structure for keeping of animals shall be permitted but must be located at least seventy-five (75) feet from the nearest right-of-way line of any street, road or easement and at least thirty five (35) feet away from any adjacent property line. No structure for said purpose shall be located between any dwelling constructed on any tract and any street, road or right-of-way.
11. EASEMENT GRANT. Declarants grant a perpetual, permanent, irrevocable easement, sixty (60) feet in width, to run with the land and to survive these covenants to Lots 40, 41 & 42 as depicted on Plat Slide 88- 295 for the purposes of ingress, egress and regress from S. R. 1716 as depicted on said Plat Slide, the centerline of which runs between points 62 and 100 as shown on said Plat Slide.
12. EXISTING AND RESERVED EASEMENTS. All tracts that may be here after conveyed shall be accepted subject to any easement or right-of-way that may have been previously granted for power, light, telephone, drainage facilities or any other purpose Declarants reserve the right to install and maintain and to license or permit the installation and maintenance of services and all utilities on, under and along the fifteen (15) feet adjacent to any property lines or road easement and in, under and over streets, r6ad easements and rights-of-way. This reservation of easement is perpetual, running with the land, regardless of the expiration of these covenants.
13. ASSIGNMENT OF EASEMENTS. Declarants reserve the right to assign any existing easement, or any easement or reserved strip to benefit lands not currently benefitted or burdened by said easement, without consent of or remuneration.to any lot owner burdened or benefitted by· such easement. No other rights-of-way or access easements shall be granted for the benefit of any tract outside the properties covered by these covenants.
14. COMPLIANCE WITH HEALTH REGULATIONS. All individual water supply systems and sewage disposal systems shall be constructed in accordance with specifications of the Chatham County Health Department or any other agency having jurisdiction thereof.
15. LANDSCAPING. Landscaping or areas not used for structures upon any tract or lot shall be done in a manner so as to preserve the natural forest or improve upon the natural beauty and to prevent soil erosion. No chain link fencing shall be allowed next to any road easement or right-of-way. Wire mesh or three rail board fencing shall be allowed.
16. STANDARD OF ROAD MAINTENANCE. All road easements shall be maintained to the level required by the Chatham County Ordinances for gravel roads. The owners of any property subjected to these restrictions, their heirs, successors and assigns, have the right to upgrade the standard of the road in whole or in part to meet county standards for paved roads or any other standard, but such owners shall be solely responsible for the cost of such upgrading; and the other owners of affected property shall remain liable for the maintenance and repair of the road, but only to the extent that they would be liable had the standard of the road not been upgraded, unless such liability is imposed by unanimous assent of all affected land owners.
17. ROAD MAINTENANCE ASSESSMENTS. Every tract within the properties herein restricted and every tract that has been or is granted access through or along said properties shall be subjected to assessments from time to time for maintenance of the road easement depicted as Windy Ridge Road on present and subsequent recorded plats of Big Woods Hills, section III as required in Paragraph 16, above, along with the other owners of Lots in Big Woods Hilla, Sections III and I, who are granted access to S.R. 1716 directly from said Windy Ridge Road. Each owner shall contribute the amount of one hundred dollars ($100.00) to the Windy Ridge Road Homeowners Association upon the purchase of each tract, and shall con tribute sums thereafter in accordance with this Paragraph. Assessments may be changed at any time by majority vote of all landowners maintaining said road.
The tract owners herein concerned shall meet at least annually, and in any event whenever necessary. The owners shall be required. to pay their pro rata share of the cost of maintenance of said easement based on number of lots owned as such costs become due. A majority of the property owners responsible for the maintenance or repair of subject right-of-way shall have the power to file with the Register of Deeds of Chatham County a Notice of Assessment Lien against any property for which a maintenance or repair assessment has not been paid within 30 days of such assessment: such lien, however, shall be subordinate to any duly recorded first deed of trust.
The funds held by the Windy Ridge Road Homeowners Association shall be owned jointly by all tract owners of the properties subject to providing road maintenance for said Windy Ridge Road and who are granted access to S. R. 1716 directly from said Windy Ridge Road. The funds shall be used for road maintenance and related expenses and for the costs of administering this fund. The fund shall not be subject to partition by any individual tract owner. No funds shall be disbursed except on the signatures of two owners duly elected by majority vote of all the owners of the Homeowners Association. The owners shall have one vote for each tract granted to them. The Homeowners Association may pass and enact such rules and by-laws as they will by majority vote so long as those are not inconsistent with these covenants or other legal representations.
18. DAMAGE TO ROAD. Any damage caused by driveway connections, by heavy truck or machinery, or by abuse of the easement shall be repaired at the expense of the owners responsible for the damage.
19. EXPIRATION OF COVENANTS: Amendments. These restrictions or any changes therein shall inure for the benefit of and run with the land and shall be binding on all parties or persons claiming under the, said Declarants, until January 1, 2019, at which time said restrictions shall terminate, however, the restrictions herein contained may be extended in whole or in part for any definite period by any written declaration of the owners of two-thirds (2/3) of the tracts within the restricted properties, provided that such declaration is recorded in the office of the Register of Deeds of Chatham County, North Carolina; provided further that any of the restrictions herein contained, except Paragraph 16, may at any time be changed by mutual consent in writing of (a) the owners of all tracts on which restrictions are to be changed, and (b) the owners of two-thirds (2/3) of all the properties herein restricted. (Note: Renewed in 2019)
20. INVALIDATION. Invalidation of one of these restrictions or covenants by judgment or court order shall in no way affect. any of the other provisions, which shall remain in full force and effect.
21. ENFORCEMENT. Enforcement of these covenants or restrictions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. These restrictions shall be construed in accordance with the laws of the state of North Carolina and maybe enforced in any court of law or equity. The present owners of said property or any subsequent grantees of the property do hereby agree by accepting a deed or any other property interest for any portion of said property to be bound by the terms herein.
IN WITNESS WHEREOF, Tarheel Wood Treating Co., Inc. has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, this 30th day of August 1988.