DECLARATION OF RESTRICTIVE
COVENANTS,
EASEMENTS, AND
CONDITIONS FOR
RED OAK RIDGE, A
SUBDIVISION
THIS DECLARATION made this 19th day of
November, 2002, by ASCENT DEVELOPMENT, LLC (hereinafter referred to as "Declarant");
W I T
N E S S E
T H :
THAT WHEREAS, the Declarant is the owner and
developer of real property located in Cowee
Township, Macon County, North Carolina, shown on the plat entitled “Red
Oak Ridge, Phase 1,” by Thomas H. Cabe, R.L.S.,
drawing #2386 F, dated November 19, 2002, recorded on Plat Card
#___________, Macon County Public Registry; and
WHEREAS, the Declarant is in the process of
developing and subdividing said real property into a subdivision known as
Red Oak Ridge (the “Subdivision”); and
WHEREAS, the Declarant
intends to sell and convey the Lots within the Subdivision and, before
doing so, desires to impose upon them mutual and beneficial restrictions,
covenants, equitable servitudes, and charges, under the general plan or
scheme of improvements for the benefit of all Lots in the Subdivision and
for the benefit of the Owners and future Owners thereof.
NOW, THEREFORE, the
Declarant declares that all of the Lots in the Subdivision are held
and shall be held, conveyed, and hypothecated, or encumbered, leased,
rented, used, occupied, and improved subject to the provisions of this
Declaration, all of which are declared by the
Declarant, and agreed by Declarant's
successors in title, to be in furtherance of a plan of development
established for the purpose of enhancing and protecting the value,
desirability, and attractiveness thereof.
The provisions of this Declaration are intended to create mutual and
equitable servitudes upon each of the Lots in favor of each and all other
Lots; to create reciprocal rights between the respective Owners of all of
the Lots; to create privity of contract and
privity of estate between the Owners of the
Lots, their heirs, successors and assigns, and to operate as covenants
running with the land for the benefit of each and all other Lots and
parcels in the Subdivision and their respective Owners, present and
future.
The following terms
used in this Declaration are defined as follows:
A. "Association" means Red
Oak Ridge Property Owners' Association, Inc., as more fully defined
hereinbelow.
B. "Declarant"
means Ascent Development, LLC
C. "Owner" or "Lot Owner"
mean:
1. Any person, firm, corporation,
other legal entity, or combination thereof, who or which holds fee simple
title to any Lot.
2. Any person, firm, corporation,
other legal entity, or combination thereof, who or which has contracted to
purchase fee simple title to any Lot pursuant to a written agreement, and
which written agreement entitles such person, firm, corporation, legal
entity, or combination thereof, to the exclusive right to possess and
control such Lot, in which case the record fee simple owner of such Lot
shall for the purposes of this Declaration cease to be the "Owner" of such
Lot for so long as said agreement is legally effective.
D. "Plat" means the plat
entitled “Red Oak Ridge, Phase 1,” by Thomas H. Cabe,
R.L.S., drawing #2386 F, dated November 19, 2002, recorded as aforesaid,
and any and all subsequently recorded survey plats of the Subdivision, or
any portion thereof, or any lands added to the Subdivision.
E. "Single Family Dwelling"
means a residential dwelling for one or more than one person, and if more
than one person, persons related to each other by blood, marriage, or
legal adoption, or in the alternative, a group of not more than four adult
persons not so related who shall maintain a common household in such
dwelling.
F. "Subdivision" means the
Lots shown on the Plat and any and all real property added thereto that
are subjected to this Declaration, or to this Declaration as amended.
G. "Lot" means any one or
more of the Lots or other tracts or parcels created within the Subdivision
or added to the Subdivision by recorded survey plat or by other means.
R
E S T R I C T I
O N S
1. Each Lot shall be used for
residential purposes only, and no manufacturing establishment, factory,
public garage, sanitarium or hospital, motel, hotel, trailer park,
apartment building, condominium, multi-family housing building, or any
building of similar nature may be maintained on the same, and no
unsanitary, offensive or unsightly conditions shall be allowed thereon.
No house trailer, mobile home, travel trailer, manufactured home, or any
type of temporary housing shall be placed or located upon any Lot as a
residence. Any campers, travel trailers, boats, trucks used for
commercial purposes, or similar vehicles, which are kept or maintained on
any Lot shall be stored in an enclosed or screened area out of the view of
other Lots in the Subdivision and roads in the Subdivision.
2. Each principal residence
constructed on any Lot shall consist of not less than 1500 square feet of
enclosed heated floor space if the residence contains a single floor, and
not less than 2000 square feet of enclosed heated floor space if the
residence contains two floors; No building may exceed 2 stories in
height. The landscaping and grassing of each Lot shall be completed
within 1 year from the time any construction begins on any Lot. All
exterior construction shall be completed within 1 year after it has
commenced.
3. No Lot may be
resubdivided. Only one Single Family Dwelling
may be constructed per Lot. No outbuildings of any kind may be
constructed, except that for each Single Family Dwelling constructed, a
two or three car detached garage may be constructed, and one small storage
building may be constructed provided prior written permission is obtained
from the Architectural Review Committee; further provided, after a
principal residence has been completed, a guest cottage containing at
least 750 square feet of enclosed heated floor space on the main floor may
be constructed.
4. All water systems and septic
disposal systems shall be constructed and installed in accordance with the
rules and regulations of authorities with jurisdiction, as from time to
time amended, and no outside toilets shall be built upon any Lot.
5. No residence, building, or any
other structure shall be built or maintained within 30 feet from any
property line or the edge of any roadway easement, unless a variance is
first obtained in writing from the Architectural Review Committee. This
restriction shall not apply with respect to the interior boundaries
between Lots being improved as a unit.
6. No Lot or any part thereof shall
be used for a junk yard or for any unsightly or obnoxious purposes.
Activities which may tend to cause disorderly, unsightly or unkempt
conditions shall not be pursued or undertaken in the front yard of any
Lot, or in any driveway, garage, carport, or other place where such
condition is visible from any road or from any other Lot,
includingwithout limitation, the assembly and
disassembly of motor vehicles and other mechanical devices. All trash,
garbage, and waste shall be kept in sanitary, closed receptacles. All
garbage cans and similar receptacles shall be kept in an enclosed or
screened area, so that the same will not be visible from other Lots in the
Subdivision or roads in the Subdivision. No burning of garbage shall be
done or permitted on any Lot in the Subdivision.
7. No animals may be kept and
maintained on any Lot, except that this restriction shall not prohibit the
keeping of no more than two usual household pets, provided said usual
household pets are at all times confined to the Owner's Lot or are allowed
outside the Owner's lot only in the presence of the Owner. No animal may
be maintained on any Lot if it makes such an amount of noise at to
frequently or habitually disturb Owners of other Lots.
8. It shall be the responsibility of
each Lot Owner to maintain a 12" or larger drain tile on any portion of
his Lot where a driveway crosses or any other thing obstructs a drainage
ditch. All soil disturbing activities, including without limitation
grading house sites, constructing driveways, and landscaping, regardless
of their extent, must conform to prevailing laws and regulations regarding
erosion control, both during construction and afterward, and must not
impair the erosion control measures previously installed by the
Declarant.
9. No commercial or business
activities may be carried on on any Lot,
except that this provision shall not prohibit the leasing or renting of
any dwelling on any Lot for any length of time and shall not prohibit
in-home businesses or offices that do not invite the general public upon
the premises.
10. It shall be the responsibility of
each Lot Owner to provide adequate parking space for motor vehicles on his
or her Lot. Parking on the Subdivision roads or within the rights of way
thereof is prohibited. All parking areas and driveways on all Lots must
be surfaced completely and thereafter maintained with gravel, concrete,
asphalt or other appropriate paving material. No unlicensed or inoperable
vehicles may be maintained or kept on any Lot in the Subdivision.
11. In order to minimize noise
pollution, the use of motorized lawnmowers, lawn tractors, grass trimmers,
garden tillers, chain saws, blowers and other equipment (including but not
limited to equipment with electric engines and gasoline powered engines)
shall be prohibited before 8:00 a.m. and after 9:00 p.m. Activities which
include the playing of loud music and/or having loud and/or late night
parties are prohibited. The discharge of firearms in the Subdivision is
prohibited. In order to minimize light pollution and to preserve the
night views in the Subdivision, outside lights must be shielded so that
the bulb or other light source is not directly visible from any road or
other Lot, and must be turned off when not in use for an outdoor
activity. The use of motion detectors to activate lights for security
purposes is permitted.
12. No Owner or Owners of any Lot
shall operate or permit to be operated by those under their control, or by
those who ought to be under their control motorcycles, three wheelers,
four wheelers, ATV's, off-road vehicles or similar vehicles within the
boundaries of the Subdivision, except for legitimate purposes of
transportation to and from work into and out of the Subdivision. It is
the intention of this restriction to prohibit sport riding or joy riding
upon motorcycles and similar vehicles within the boundaries of the
Subdivision. No vehicle may be operated within the Subdivision unless it
is currently and legally licensed and insured. Any operator of any
motorized vehicle within the Subdivision must have a valid drivers'
license.
13. A)
Declarant reserves unto itself, its successors and assigns, and
reserves and grants to the Association, to Duke Energy Corporation and to
all other public utility companies, a perpetual, alienable and releasable
easement and right of way on, over, and under the ground to erect,
maintain, and use electric and telephone poles, wires, cables, and
conduits, sewers, water mains, and other suitable conduits and equipment
for the transmission and discharge of electricity, telephone, gas, sewer,
cable television and other public conveniences or utilities on, in, or
over all roadway easements within the Subdivision and within the ten (10)
foot wide strip immediately inside the boundary of each Lot; provided, in
the event of the improvement of two (2) or more Lots as a unit, such
easement shall not exist with respect to interior Lot lines unless use of
such easement for such purposes has already begun. By reservation of said
easements, the Declarant does not obligate
itself or the Association to provide any utility service to any Lot.
B) Declarant
expressly reserves unto itself, its successors and assigns, the right to
add additional lands to the Subdivision, and if the
Declarant does add additional lands to the Subdivision then the
definitions contained hereinabove of "Subdivision" shall be deemed to
include the lands so added and the definition contained hereinabove of
"Lot" shall include all Lots created within said additional lands. The
right herein reserved to the Declarant, its
successors and assigns, to add additional lands to the Subdivision may be
exercised by its any number of times. Further,
Declarant specifically reserves unto itself, its successors and
assigns, the right to burden the Subdivision roads, easements and rights
of way, by granting easements and rights of way over the same to serve and
to be appurtenant to lands added to the Subdivision and lands lying
outside the boundaries of the Subdivision. It is specifically the intent
of the Declarant to reserve unto itself, its
successors and assigns, the right to establish additional easements and
rights of way over the Subdivision roads to serve any and all lands later
added to the Subdivision and any and all Lots created therein, and to
serve lands lying outside the boundaries of the Subdivision.
C) Declarant
reserves unto itself, its successors and assigns, and declares for the
benefit of the Association, its successors and assigns, a perpetual
easement for the erection, maintenance and repair of subdivision signs
upon any Lot which adjoins any public road, which easement shall include
the right to erect, maintain and repair walls and lighting at the site of
the sign and to landscape the area in the vicinity of the sign.
D) Declarant
expressly reserves unto itself, its successors and assigns, an easement
which may but need not be assigned to the Association (and if assigned to
the Association, which may but need not be assigned to the Architectural
Review Committee) for the purpose of going upon each Lot for the cutting
and maintaining views and vistas in the interest of shared enjoyment of
distant scenes by adjacent and nearby Lot Owners. It is understood,
however, that Declarant, its successors and
assigns, shall only maintain and cut views and vistas to enhance the
enjoyment of Owners and occupants of dwellings located upon adjacent or
nearby Lots, and that said cutting and maintaining of views and vistas
will be done selectively with the purpose of obtaining an artistic result
with every effort being made to preserve specimen trees and plants.
Nothing herein shall be construed to affirmatively require
Declarant, its successors and assigns, to cut
or maintain views and vistas. The costs incurred by
Declarant, its successors and assigns, in cutting and maintaining
views and vistas pursuant to this paragraph 13 D) shall be borne by the
Lot Owners who are benefitted thereby,
provided that no such Lot Owner shall be required to pay for the cutting
and maintaining of views and vistas unless he requests that the same be
done or consents to the same.
14. There is hereby established for
the Subdivision an Architectural Review Committee ("ARC") to ensure the
development of the Subdivision and the improvement of the Lots therein in
accordance with this Declaration, and to control the type, nature, and
design of all building, structures, and other improvements constructed
within the Subdivision. The Declarant shall
have the right to appoint the members of the Architectural Review
Committee, unless and until the Declarant
shall assign such right and responsibility to the Association, in which
event the Board of Directors or other governing body of the Association
shall constitute, or shall have the right to appoint, the members of the
Architectural Review Committee. At all meetings of the Architectural
Review Committee, two-thirds (_)
of its members shall constitute a quorum, and shall act by majority vote
and keep proper records and minutes. No principal residence, garage or
storage building shall be erected, placed, or altered on any Lot within
the Subdivision until the proposed building and plot plans showing
detailed specifications, elevations, dimensions, exterior color and
finish, location of improvements, drives and parking areas shall have been
specifically approved in writing by the Architectural Review Committee.
In addition, no swimming pool, wall, fence, hedge used as a wall, or other
structure or man-made improvement whatsoever shall be erected, placed or
altered on any Lot within the Subdivision until the same shall have been
specifically approved in writing by the Architectural Review Committee.
No land clearing, filling, grading, shrub or tree removal or pruning, or
landscaping shall be done on any Lot within the Subdivision until the
plans for the same shall have been specifically approved in writing by the
Architectural Review Committee, except as set forth in paragraph 13 D)
hereinabove. The Architectural Review Committee shall review all plans
and specifications and requests to it taking into consideration harmony of
exterior design, color, and location in relation to other structures and
Lots in the Subdivision. The Architectural Review Committee shall have
the authority to grant variances to the set back requirements contained
hereinabove. Every Lot Owner agrees for himself, his heirs, successors
and assigns, by the acceptance of his deed, that the Architectural Review
Committee shall have total authority to accept or reject any plans or
requests submitted to it and that refusal or approval of plans, locations,
specifications, or other requests may be based by the Architectural Review
Committee upon any grounds including purely aesthetic considerations.
Provided, however, the Architectural Review Committee may not act
arbitrarily or unreasonably.
All plans, specifications, and other requests submitted to the
Architectural Review Committee must be submitted at least twenty (20) days
prior to the anticipated commencement of the proposed work. All
submissions to the Architectural Review Committee shall contain the name,
address, and telephone number of the Lot Owner, and the name, address, and
telephone number of any contractor or architect involved. The
Architectural Review Committee shall transmit its decision to the affected
Lot Owner within fifteen (15) days of receipt by it of all information
required or needed to make its decision.
15. No outdoor clotheslines will be
permitted on any Lot. No swingsets,
sculptures, statues, or other artificial yard toys or adornments will be
permitted on any Lot without the express prior written permission of the
Architectural Review Committee.
16. No fuel tanks or similar storage
receptacles may be maintained on any Lot unless the same are installed
within a building, are buried under ground, or are otherwise installed so
that they are not visible from any place outside the Lot.
17. Except as set forth in paragraph
13 D) hereinabove, no tree having a diameter of six (6) inches or more
measured one (1) foot above the ground be cut or removed from any Lot
without the express prior written permission of the Architectural Review
Committee, unless such removal is necessary to effect the implementation
of plans already approved by the Architectural Review Committee.
18. No permanent or temporary
antennae of any kind for television, radio, short-wave, or any other use
may be erected, placed, maintained, or located upon any Lot without the
express prior written permission of the Architectural Review Committee,
and any antennae approved by the Architectural Review Committee must be
installed, painted and maintained in such a way as may be from time to
time provided by the Architectural Review Committee. The provisions of
this restriction specifically include dish and saucer type antennae larger
than 18 inches in diameter.
19. No sign of any kind shall be
displayed to the public view on any Lot, except as provided in paragraph
13 C) hereinabove, and except that with the prior written approval of the
Architectural Review Committee, a sign displaying the owner's name or a
sign advertising the property for sale or rent may be maintained.
20. All mailboxes must be of a
uniform design and color established by the Architectural Review Committee
or the Declarant and must be approved in
advance before being erected by the Architectural Review Committee or the
Declarant. No flagpole extending beyond seven
feet in height or length shall be erected upon any lot or attached to any
structure upon any lot and no flag may be flown for any reason at any time
except the flag of the United States of America or the flag of the State
of North Carolina unless approved in writing in advance by the
Architectural Review Committee or the Declarant.
No decorative items such as statuettes or renderings of animate or
inanimate objects may be erected or maintained upon any Lot unless the
same are installed so that they are not visible from any place outside the
Lot and are approved in writing in advance by the Architectural Review
Committee or the Declarant.
21. Open, Grassy areas such as lawns
and meadows shall be mowed at least four times per year.
22. No building constructed on any
Lot shall have tar paper, asbestos, unfinished plywood, stucco or rough
hewn irregular edged type siding. No building constructed on any Lot
shall have an exposed metal chimney. No building constructed on any Lot
shall have visible concrete blocks, and any and all concrete blocks used
in construction on any Lot shall be covered with stone, brick, wood or
similar siding. Concrete block foundations (which must be covered) may be
covered with stucco. The exterior colors of all buildings constructed in
the Subdivision shall consist of earth tones, and no bright colors may be
used. No building constructed on any Lot shall have a mansard type roof
or flat roof. No roof shall be a bright color. Asphalt composite
shingle roofs shall be of the architectural style rather than three-tab
style. Any log homes constructed in the Subdivision must be in compliance
with all applicable building codes and must be approved in writing in
advance by the Architectural Review Committee or the
Declarant. No residence or garage constructed or placed on any Lot
shall have metal siding or a metal roof, unless approved in writing in
advance by the Architectural Review Committee or the
Declarant. All dwellings placed or constructed on any Lot shall
have a solid, continuous masonry foundation or shall be underpinned with
masonry.
23. All utility lines, including all
electrical, telephone, cable television, water and sewer lines, installed
in the Subdivision shall be installed underground.
24. No Owner or subsequent Owner of
any Lot may grant an easement or right of way across the Lot for any
reason or at any time to any person or entity other than the
Declarant's successors and assigns unless the
same shall first be approved in writing by the
Declarant, its successors and assigns.
25. Each Lot and each Lot Owner shall
and must automatically be a member of the Association. Each Lot and each
Lot Owner shall be subject to all duly adopted articles, by-laws, rules
and regulations, and resolutions of the Association. The by-laws of the
Association are incorporated by reference herein.
26. The
Declarant shall have the responsibility of constructing all roads
up to the standard of a well-graded, well-graveled, well-ditched, and
well-drained road, but after such construction the
Declarant shall not have any further responsibility with regard to
the roads and the maintenance and upkeep of said roads shall be the
responsibility of the Association. Only the
Declarant shall have the authority to name or change the names of
roads in the Subdivision. The Declarant may,
but is not obligated, to create well and water systems and other systems,
facilities and amenities within the Subdivision. If any well and water
systems or other systems, facilities or amenities are created by the
Declarant in the Subdivision, the
Declarant shall have the right, but not the
obligation, to assign the obligation for the maintenance and upkeep of the
same to the Association. The Declarant shall
have the right to convey real property to the Association for use as
common areas for the Association and all Lot Owners. The Association
shall have as its primary function the obligation to maintain and repair
the roadways in the Subdivision after their construction by the
Declarant and to maintain, repair and take
other necessary actions with respect to such water systems, other systems,
facilities and amenities, and common areas in the Subdivision as are
installed by the Declarant and assigned to the
Association or as are conveyed by the Declarant
to the Association. All such roadways, water systems, and other systems,
facilities and amenities, the maintenance and repair responsibility of
which is that of the Association, shall be maintained and repaired up to a
standard at least as good as the same are in at the time the Association
commences having responsibility for the same. Each Lot shall be assessed
equally for the costs of the maintenance, repair and upkeep of the
roadways maintained by the Association. Each Lot which has rights to any
well or water system or other systems, facility amenities, or common
areas, which the Association has the obligation to maintain and repair
shall be assessed equally for the maintenance and repair of the same.
Provided, the Declarant shall not be assessed
for any reason for more than ten (10) Lots. The Association shall have
such other and further powers as may be adopted and set forth in its
by-laws as may now be in existence or may be adopted in the future,
provided the Association may not supersede its limitation as to the number
of Lots for which it may assess the Declarant.
If any person damages the Subdivision roads
or common properties for any reason, that person shall be responsible for
paying to repair the same to the original condition. Each Lot Owner
shall, before the beginning of construction of a dwelling on any Lot, pay
to the Association for the maintenance and repair of the Subdivision roads
the sum of $300.00, which shall be applied directly to the costs of
maintenance and repair of said Subdivision roads. If construction on any
Lot causes damage to the Subdivision roads in excess of $300.00, the Owner
of such Lot shall pay to the Association such amount as is necessary to
repair the road to its original condition.
The Declarant
shall not have any responsibility to maintain the Subdivision roads except
in the manner of any other Lot Owner.
The Association shall periodically, at least
annually, assess each Lot Owner for his share of the costs and expenses of
the maintenance, repair and upkeep of the roads, water systems and other
systems, facilities, amenities, and common areas, the maintenance
responsibility for which is that of the Association. Payment of such
assessments shall be due thirty (30) days after notice thereof is sent.
If not paid within said thirty (30) day period, such assessments shall be
deemed delinquent and shall commence bearing interest from such time at
the rate of eighteen (18%) percent per annum.
Any assessment levied against any Lot which so
becomes delinquent shall constitute a lien upon such Lot when filed of
record in the office of Clerk of Superior Court for Macon County, North
Carolina, in the manner provided therefor by
Article 2 of Chapter 44A, Statutory Liens on Real Property, of the North
Carolina General Statutes, or its successor statute. The claim of lien
shall be filed in the name of the Association. The Association shall have
the right to proceed in its own name in any court of competent
jurisdiction. The claim of lien may be foreclosed in a like manner as a
mortgage on real estate under the Power of Sale under Article 2A of
Chapter 45 of the General Statutes.
If any delinquent assessment is placed in
the hands of any attorney for collection, there shall be added to the
amount due all costs of collection, including all reasonable attorney's
fees.
The lien shall include the amount of all
interest which accrues and continues to accrue upon the assessment, and
shall include the aforementioned costs of collection and attorney's fees.
All assessments, interest, costs and
attorney's fees shall be and constitute the personal joint and several
obligation of each Lot Owner. The Association or any other Lot Owner may
bring an action against the Lot Owners in default to seek a money judgment
for the amount of the assessments, interests, costs of collection and
attorney's fees.
Any person may purchase the Lot at any sale
ordered pursuant to an action to foreclose the lien.
27. In the event of a violation or
breach of any of these restrictive covenants, the persons and entities
entitled to enforce them or any one or more of them, shall have the right
to proceed at law or in equity to compel a compliance with the terms
hereof or to restrain or enjoin the violation of the terms hereof.
28. This Declaration may be amended
by means of a duly recorded amendment signed by the
Declarant until such time as it has sold ten (10) Lots in the
Subdivision. This Declaration may be amended by means of a duly recorded
amendment signed by the Owners of two-thirds (_)
of the Lots subject to this Declaration. This Declaration may also be
amended by the Association by a two-thirds (_)
majority vote of its members at a duly called members meeting at which a
quorum is present, and in such event the appropriate officers of the
Association shall record the proper amendment.
29. This Declaration shall be
effective for a period of seventy-five (75) years from and after its date
as set forth above.
IN WITNESS WHEREOF the
Declarant has caused these presents to be properly executed.
