KNOW ALL MEN BY THESE PRESENTS, that JOHN CROSLAND COMPANY, a North Carolina Limited Partnership by CROSLAND HOMES, INC. does hereby covenant and agree to and with all persons, firms, and corporations hereafter acquiring any of the property described as follows:
, and being all of the following lots in Danby Section 6 Map 1 Subdivision: Lots 1-10, inclusive, of Block 9 and 1-16, inclusive, of Block 11 same as shown on the recorded map 'in Map book 22 at page 48 in the Mecklenburg Public Registry;
that all of said property is hereby subject to the following restrictions as to the use thereof, which restrictive covenants shall run with said property, by whomsoever owned, to wit:
A. LAND USE AND BUILDING TYPE. All lots in the tract shall be known and described as residential lots. No structure shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single family dwelling, not to exceed two and one-half (2 1/2) stories in height, and a private garage for not more than three (3) cars and other outbuildings incidental to residential use of the plot.
B. BUILDING SETBACKS. No building shall be erected on any residential lot nearer to any street line than the building setback lines shown on the recorded map, and with respect to a corner lot uo residence or other building shall be located nearer than fifteen feet to the side street line. With respect to corner lots the front lot line shall be deemed the street line having the shorter frontage, and any residence erected on such corner lot shall face the front lot line. No building, including a residence shall be located nearer than six feet (6') on one side lot line and eight feet (8’) on the other side lot line, except that a garage or carport may be erected to the rear of the residence as close as 5 feet to any aide lot line other than a side street line, provided the existing zoning requirements are met.
C. FENCES. No fence or wall shall be erected on any building plot closer to any street line than the building setback lines shown upon the recorded map. Chain link or other metal fencing is not permitted, except that 2"x4" mesh may be used with split rail fencing to contain animals within the yard. Perimeter fencing shall not have more than 50% of any of its surface closed as viewed from a point on a line of sight perpendicular to the line formed by the line of the fence. A wall constructed of brick or stone masonry and used in lieu of a fence is exempt from the openness test. Fencing of a more solid or privacy nature may be used around patios, wood decks, or pools as privacy screens.
AREA AND WIDTH. No residential structure shall be erected or placed on any building plot, which plot has an area of less than nine thousand (9,000) square feet or a width of less than sixty (60) feet at the front building setback line shown on the recorded map.
E. TEMPORARY STRUCTJRES AND OFFSTREET PARKING. No residence of a temporary nature shall be erected or allowed to remain on any 1ot, and no trailer, basement, shack, tent, garage, barn or any other building of a similar nature shall be used as a residence on any lot, either temporarily or permanently. Mobile house trailers, on or off wheels, vehicles or enclosed bodies of the type which may be placed on or attached to a vehicle, known generally as "campers", commercial vehicles of any kind operated by a member of the household occupying the dwelling on the lot and any boats and boat trailers shall not be parked on the street or within the front or side street setback lines.
F. NUISANCES. No noxious or offensive trade or activity shall be carried on upon any lot nor shall any thing be done thereon which may be or become an annoyance 'or nuisance to the neighborhood. No animals, 1ivestock, or poultry of any kind shall be kept or maintained on any lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes. The number of house-hold pets generally considered to be outdoor pets such as dogs, cats et cetera shall not exceed three in number except for newborn offspring of such household pets which are under nine (9) months in age.
G. DWELLING SIZE. No single family dwelling costing less than $30,000 shall be permitted on any lot in the tract. The minimal heated square footage of a dwelling may not be less than 700 square feet. Building cost to be based on cost as of January, 1984. (It being the intention to require in each instance the erection of such building as would have cost not less than the minimum cost provided if same had been erected in January, 1984.)
H. METAL GARAGES, CARPORTS, BUILDINGS AND ACCESSORY STRUCTURES. No metal carport or metal garage shall be erected on any lot or attached to any residence building located on the lot. No metal building or metal accessory structure of any kind shall be placed on any lot except that one (l) metal utility building or noncommercial greenhouse may be located in the rear one quarter (1/4) of any lot directly behind the residence.
I. EASEMENTS. Easements for installation, maintenance and repair of utilities and cable television (CATV) and drainage facilities are reserved as shown on the recorded map and over the rear ten (10) feet and each side five (5) feet of every lot. Within the easements, no structure, planting or other material shall be placed or permitted to remain which may interfere with the installation and maintenance of the utilities, or which may change the direction of flow of drainage channels in the easement, 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. The party hereto reserves the right to create and impose additional easements or rights of way over unsold lot or lots for street, drainage, and utility installation purposes by the recording of appropriate instruments and such shall not be construed to invalidate any of these covenants.
J. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square (1) foot, one sign of not more than five (5) square feet advertising the property for sale or rent or signs used by the builder to advertise the property during the construction and sales period.
K. UNINTENTIONAL VIOLATIONS. In the event of the unintentional violation of any of the building line restrictions set forth herein, John Crosland Company, a North Carolina Limited Partnership, By: Crosland Homes, Inc., reserves the right, by and with the mutual written consent of the owner or owners for the time being of such lot, to change the building line restriction set forth in the instrument provided, however, that such change shall not be in violation of any provisions of the zoning provisions of the City of Charlotte or County of Mecklenburg,
L. SATELLITE DISHES OR DISCS. No radio or television transmission or reception towers, antennas, or discs shall be erected on a lot'other than customary antenna which shall not extend ten (10) feet above top roof line ridge of the house. In no event shall free standing transmission or receiving towers or discs or dishes be permitted.
M. MAINTENANCE OF
. Each owner shall keep his lot in an orderly condition and shall keep the improvements thereon in a suitable state of repair, promptly repairing any damage thereto by fire or other casualty. No clothesline may be erected or maintained on any lot other than a clothesline located directly behind the residence. No lot shall be used in whole or in part for storage of rubbish of any character whatsoever end no trash, rubbish, stored materials, wrecked or inoperable vehicles or similar unsightly items shall be allowed to remain on any lot outside an enclosed structure; provided, however, that the foregoing shall not be constructed to prohibit temporary deposits of trash, rubbish and other debris for collections by governmental or other similar garbage and trash removal units.
N. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant and to either restrain violation or to recover damages.
0. SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
P. 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 25 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.
IN WITNESS WHEREOF, the party hereto has caused these presents to be executed in its corporate name and its corporate seal to be hereunto affixed, this 25th day of February 1988.
JOHN CROSLAND COMPANY, A
BY CROSLAND HOMES, INC.
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