Prepared by Edward S. Holmes,
Holmes & McLaurin,
Elizabeth Anderson, Rt. 2,
DECLARATION OF COVENANTS CONDITIONS, and
RESTRICTIONS
OF HART'S CREEK
THIS DECLARATION, made and
entered into this the 1st day of November, 1991 by HART'S CREEK PARTNERSHIP, A
NORTH CAROLINA PARTNERSHIP, hereinafter called DECLARANT:
WITNESSETH:
THAT
WHEREAS, the Declarant, Hart's Creek Partnership, a North Carolina Partnership,
is the owner of the real property described in Article I below, and desires to
create thereon a low density residential community with permanent protection
for native flora and fauna and the opportunity for residents to live in harmony
with these natural life forms; and
WHEREAS,
Declarant has adopted a uniform scheme for the development of said property in
accordance with the provisions as set forth herein; and
WHEREAS
the Declarant wants to provide for the preservation of the values and amenities
in this community and for the maintenance of recreation and study in the
natural environment and to these ends desires to subject the real property
described in Article I to the covenants, restrictions, easements, charges and
liens, hereinafter set forth, each and all of which is and are for the benefit
of said property and each owner thereof;
ARTICLE I
DESCRIPTION OF
The
real property subject to this declaration is described as follows:
All
that certain 136.19 acres as shown on plat of "Hart's Creek - Phase
One" as prepared by Smith & Smith Surveyors and as recorded in Plat
Slide 91-373, Chatham County Registry.
ARTICLE II
GENERAL PROVISIONS
(a)
All of the
property described in Article I above and later annexed property and all
subdivisions thereof shall be subject to the following conditions, restrictions
and covenants hereinafter set out which may be enforced by any Owner of a Lot
or Common Property.
(b)
Annexation: If
within 5 years of the date of recordation of plat of Hart's Creek, Phase I, the
Declarant, its successor or assigns, should commence development of additional
lands adjacent to any lands described in Article I above, such additional lands
may be annexed to said properties without the assent of the voting members, and
said lands on the date of annexation shall be deemed a part of the properties,
provided, however, that the development of the additional lands shall be in
accordance with a general plan that subjects the annexed property to the same
covenants, declarations and restrictions that apply to the properties described
in Article I above.
Annexation
shall be achieved by recording a plat or plats of the additional lands clearly
labeled as "Annexed to Hart's Creek Subdivision" and by a recorded
document of agreement bearing the signatures of the owner or owners of the
additional lands by which they accept these covenants.
SECTION
(a)
There shall be
no further subdivision of any platted lot.
(b)
There shall be
no more than one dwelling unit per lot except that an attached apartment of no
more than half the size of the main dwelling may exist on lots; and provided
that no lot shall have more than one such supplementary apartment for any
dwelling unit. A guest home may be constructed to meet the requirements of the
Chatham County zoning ordinance.
(c)
The ground
floor area of the main residential structure, exclusive of open porches,
garages, and carports, shall not be less than 1200 square feet of heated area
for a one story dwelling; nor less than 800 square feet of ground floor heated
area for a dwelling of more than one story, exclusive of open porches, garages,
and carports; in no event shall there be less than a total of 1300 square feet
of heated area in a multistory structure, exclusive of open porches, garages
and carports. Any dwelling having an attached enclosed garage may count the
total square footage of the garage towards the minimum square feet requirement.
SECTION TWO: Commercial and business uses limited
(a)
No manufacturing,
commercial or business enterprise or enterprises of any kind for profit shall
be maintained on, in front of or in connection with the properties, nor shall
such property in any way be used for other than strictly residential purposes.
The purpose of this article and its qualifications is to preserve the quiet
nature of the property and minimize traffic by prohibiting business or other
services that cater to the general public in unspecified intensity. This
restriction shall not be construed, however, as preventing the following uses:
(b)
Residents may
practice a profession in home offices so long as such activities are conducted
within the dwelling unit of the professional, and provided no more than two
persons may be employed on the premises by the professional and provided
clients are seen only on an appointment basis.
(c)
Residents may
teach students in a home provided that students may not visit for instruction
at a frequency greater than six students per day for lessons or teaching
purposes; provided however that this shall in no way prevent a resident from
providing day care for children of residents.
(d)
Residents may
manufacture, construct, or otherwise prepare for sale "handcraft"
articles and art provided no more than two non-residents may be employed on the
premises, and provided no retail trade may be conducted on the premises except
by mail or on an appointment basis with a maximum frequency of six visits per
day.
(e)
The raising of
farm animals and crops for profit is specifically permitted as are other
pursuits of horticulture, agriculture, and animal husbandry, but specifically
prohibited are the commercial processing and packaging of food or fiber
products that might require a factory-type operation in buildings of more than
1500 square feet or employing more than three employees whose principal work
would be the processing and/or packaging of agricultural or forest products.
Riding instruction may be conducted on tracts 10 acres or more with a maximum
frequency of six students per day.
(f)
There shall be
no commercial production of swine or fowl nor any commercial boarding and
breeding of dogs upon the premises and 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 dogs, cats, horses, ponies, farm
animals and household pets may be kept on homesites under reasonable control
and sanitation.
(g)
No commercial
auto repair shall be allowed on the premises.
SECTION THREE: Firearms and Hunting and Destruction of Wildlife.
No
bored firearms shall be discharged on this property by any owner for the
purpose of practice, hunting or the destruction of any animal. However,
wildlife clearly threatening or endangering residents may be controlled in any
practical manner.
SECTION FOUR: Buildings
(a)
No dwelling of
any kind, other than a well house, shall be located on any lot nearer than one
hundred and thirty feet from the centerline of any public or private road (not
including individual driveways), except for Lot No. 8 which must be set back at
least eighty (80) feet; nor shall any building be built within 75 feet of any
property line of any lot nor 75 feet from the high water level of any ponds.
Driveways shall be constructed with the intention of providing screening of
structures as much as possible from vision from any public or private roads.
(b)
A perimeter of
natural undisturbed vegetation shall be maintained for a distance of at least
75 feet from any lot line on all lots of 10 acres or more and 50 feet for all
lots under 10 acres; and thinning of undergrowth and small trees may be allowed
in areas adjacent to road rights of way. Such perimeter shall not be disturbed
in any way except that two breeches no wider than sixty feet each shall be
allowed for combined entrance, exit and utility lines. However, open spaces
which now exist and which may fall within this designated perimeter may remain
and be maintained for permitted agricultural or other uses. Provided also that
said perimeter may be breeched for septic system drainfield lines if drainfield
cannot be located outside perimeter.
SECTION
(a)
No tract shall
be used or maintained as a dumping ground for rubbish, and no junk or disabled motor
vehicles shall be allowed upon said property unless screened from sight of
private and public roads and of adjoining landowners. Trash, garbage, or other
waste shall not be kept except in sanitary containers and shall not be visible
from the street unless shielded by a fence or fencing compatible in design and
quality with surrounding structures on that tract.
SECTION SIX: Motorcycles and Bikes
No motorcycles, trail
bikes or any other motor vehicles shall be operated on this property except on
the designated public roads and on the drives from the public roads to
dwellings and outbuildings for purposes only of ingress or egress, or for the
purpose of agriculture or maintenance.
SECTION SEVEN: Temporary Structures
No structure of temporary
character, trailer, camper, van, lean-to's, basements, tents, shacks, garages,
barns or other outbuildings shall be used on any lot as a residence. However,
temporary structures other than single-wide trailers may be utilized for
limited camping purposes prior to the construction of a residence provided an
undisturbed boundary of trees screen structures from public and private roads
and driveways.
SECTION EIGHT: Mobile Homes, Modular Units
(a)
No single or
double wide mobile homes are permitted. Modular units must meet North Carolina
Residential Building Codes and by approved by Declarants or an architectural
committee of three (3) elected by all the lot owners should Declarants no
longer hold an interest in property.
SECTION NINE: Signs
(a)
No signs,
billboards or advertising device of any kind shall be placed or otherwise
installed on any parcel, lot or building on subject property.
(b)
A-sign not
more than two (2) square feet in area may be placed on each individual parcel
to designate owner, address, and, where appropriate, profession of resident:
(c)
A sign of not
more than five (5) square feet in area may be used to designate parcels for
sale;
(d)
Signs not more
than two (2) square feet may be used to give notice of restrictions to hunters,
trespassers or others.
(e)
No signs may
be lighted.
SECTION
There
shall be no electric or electronic amplification of sound or music at a volume
which may be heard from any adjoining lot or parcel, provided that with the
special permission of affected adjacent and nearby property owners, parties may
make and amplify sound in excess of the above restrictions for special
occasions.
SECTION ELEVEN: Outdoor Lighting
All area lighting (ground lighting excepted) shall
be placed within set back lines and shall be positioned so as to avoid
illumination of adjacent lots. Outside lighting may be used provided that all
such lights are focused or shielded so as to direct the light downward.
Lighting should be no higher than the eves or height of one story outbuildings.
SECTION TWELVE: Fencing
Board
or split rail fencing shall be required for all fences except for dog and small
animal pens.
SECTION THIRTEEN: Water and Sewage Systems
All
water and sewage systems shall be in conformity with the requirements of the
Chatham County Health Department and shall be inspected and approved by the
same.
SECTION FOURTEEN: Animals
No
hooved animals or domestic fowl shall be permitted to feed or shelter within
fifty feet of a branch, stream or pond. Feed lots and pastures, if any, shall
be managed so as to prevent soil erosion and the runoff of manure.
SECTION FIFTEEN: Minor violations
(a)
Minor
violations of set back lines and square footage of less than five percent (5%) shall
not be cause for corrective action by other record owners.
SECTION SIXTEEN: Use and Maintenance of Common Area
(a)
Any common
area and the pond located on Lots 6, 7, 8 & 9 shall be for the use and
enjoyment of all lots in Hart's Creek, Phase I. A Hart's Creek Pond Association
will be formed and shall be responsible for maintenance for the pond, which
will include Phase One owners only.
(b)
Maintenance of
the pond and common area shall be the responsibility of the Declarants until
such time as at least 50% of the lots are sold and, thereafter, the
responsibility of the Hart's Creek Pond Association.
SECTION SEVENTEEN: Waiver of Restrictions
No
waiver or a breach of any of the restrictions or covenants herein contained
shall be construed to be a waiver of any other breach of the same, or other
restrictions or covenants; nor shall the failure to enforce any one of such
restrictions be construed as a waiver of any other restriction or covenant.
SECTION EIGHTEEN: Duration
The
restrictions herein shall be binding for a period of thirty years from the date
of this instrument, and may be extended thereafter, in whole or in part, for
successive periods of twenty years each, by majority vote of the owners.
SECTION NINETEEN: Enforcement
These
restrictions shall operate as covenants running with the land for the benefit
of any and all persons who now may own, or may hereafter own any part or parcel
of the property above described, and such persons are specifically given the
right to enforce these restrictions through proceedings at law or in equity
against any person or persons violating or threatening to violate such
restrictions and to recover any damages suffered from any violation thereof or
to restrain violations.
SECTION TWENTY: VALIDITY
Invalidation
of any one or any portion of these restrictions and covenants by judgment or
court order shall in no way affect any of the other provisions contained
herein, and those other provisions shall be severable from the invalidated
portions and shall remain in full force and effect.
The
foregoing Covenants of Restrictions may be amended and/or revised by 2/3
majority vote of the lot owners of Harts Creek.
IN
WITNESS WHEREOF, the Declarant has hereunto caused this Declaration of Covenants,
Conditions and Restrictions to be signed in its partnership name by its
partners, all as of the day and year first above written.
HART'S CREEK, A NORTH CAROLINA PARTNERSHIP
STATE OF North Carolina
I,
Donna S. Poe, a Notary Public in and for the County and State aforesaid, do
hereby certify that ELIZABETH ANDERSON and TONY F. CLARK, Partners of Hart's
Creek, a North Carolina Partnership, personally appeared before me this day and
acknowledged the due execution of the foregoing Deed for the purposes therein
expressed.
Witness
my hand and Notarial Seal, this the 1st day of November, 1991.
My Commission Expires:
NORTH CAROLINA,