Prepared by Michael T. Moore,
Attorney
STATE OF NORTH CAROLINA PROTECTIVE COVENANTS
COUNTY OF HENDERSON
KNOWN ALL PERSONS BY THESE PRESENTS that ESTATES OF THE SALISBURY,
owned by FRANK W. KASEY and wife, ZELDA T. KASEY, hereinafter “Owner” does
hereby covenant and agree with all persons, firms and corporations
now owning or hereafter acquiring any lots in ESTATES OF THE
SALISBURY, as shown on Plat recorded on Plat Slides 714 and
715, of the Henderson County Registry, that said lots are hereby
subjected to the following restrictions as to the use thereof
and said restrictions are to run with said property and every
part thereof, by whomsoever owned, to-wit:
1. No building, fence, wall, satellite television receiver
(either affixed to earth or portable) or other structure shall
be erected, placed or altered on any lot until the proposed
building plans, specifications, plot plans (showing the proposed
location of such building or structure, drives and parking
areas), and construction schedule shall have been approved
in writing by the HOUSING RESTRICTION COMMITTEE, which shall
be appointed by the owners of ESTATES OF THE SALISBURY hereinafter
referred to as “THE COMMITTEE”, and their respective
successors and assigns. Refusal of approval of plans, location
or specifications may be based by the Committee upon any ground,
including purely aesthetic considerations which in the sole
and uncontrolled discretion of the Committee shall deem sufficient.
No alterations may be made in such plans after approval by
the Committee is given except by and with the written consent
of the Committee. No alterations in the exterior appearance
of any building or structure shall be made without like approval
by the Committee. One copy of all plans, specifications and
related data shall be furnished the Committee for its records.
2. The exterior of all houses and other structures must be
completed within one year after the construction of same shall
have commenced except where such completion is impossible or
would result in great hardship to the owner or builder due
to strikes, fires, national emergencies or natural calamities.
Any such exceptions must be approved in writing by the Committee.
3. It is expressly understood that construction on any lot
in the Subdivision must begin within twelve months of purchase
of said property. Any exception must be approved in writing
at the time of purchase by the Committee.
4. All lots are for single family residential purposes only.
No building or structure intended for or adopted to business
purposes, and no apartment house, double house, lodging house,
rooming house, hospital, sanitarium, doctor’s office,
multiple family dwelling, or any other such related use of
any nature whatsoever shall be erected, placed permitted or
maintained on the lots herein described, or any part thereof,
except as otherwise herein provided for. The main dwelling
shall contain a minimum of 1400 square feet for a one story
dwelling and 1800 square feet in case of a two story or split-level
house. Basements, unfinished attic space, other storage space,
garages, carports, porches or other area not enclosed by the
main structure shall not be considered floor space in meeting
the above requirements. No outbuildings shall be erected without
prior approval of the Committee. The Committee reserves the
right, at its discretion, to reduce the square footage requirements
as set out above.
5. No building shall be erected nearer than 20 feet from the
front boundary line of said lot, nor 10 feet to any side street
line, nor nearer than 15 feet to any adjoining property line,
nor within any utility easements referred to in Paragraph 18
hereof, unless prior approval is obtained from the Committee.
For purposes of this covenant, stoops, terraces, eaves, steps
and open porches shall not be considered as 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 any easement
or right of way on any other lot. In the event of the unintentional
violation of any of the building line restrictions herein set
forth, the Committee shall have the right, with the mutual
written consent of the owner or owners for the time being of
the particular lot in question, to change the building line
restrictions set forth herein.
6. No noxious or offensive activity shall be carried on upon
any lot, nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance or nuisance to the neighborhood.
No animals whatsoever excepting domestic pets such as dogs,
cats, or other small animals shall be harbored on any lot.
It is specifically understood that no dogs shall be permitted
to run free. No hunting shall be allowed within the Subdivision
or property included in ESTATES OF THE SALISBURY. No motorcycles,
mini bikes, or motorized two-wheel vehicles shall be allowed
other than duly licensed vehicles which are used exclusively
for transportation purposes and then only if properly driven
by a duly licensed operator, with it being further understood
and agreed that such motorcycles, mini bikes, or motorized
two-wheel vehicles shall be allowed to operate within ESTATES
OF THE SALISBURY only upon the regularly platted roads.
7. It shall be the responsibility of each lot owner to prevent
the development of any unclean, unsightly or unkempt condition
of buildings or grounds on such lot which shall tend to substantially
decrease the beauty of the neighborhood as a whole or the specific
area.
8. No sign of any kind shall be displayed to public view on
any lot, except one sign of not more than five (5) square feet
advertising the property for sale or rent, or signs used by
a builder and/or architect to advertise the property during
the construction and sales period. Nothing in this paragraph
shall be construed to prevent the Subdivision from erection
of entrance display sign or signs designed to designate areas
within the Subdivision including street signs.
9. Each lot owner shall provide space for off-street parking
of at least two automobiles on said lot prior to the occupancy
of any dwelling. Parking on the streets of said Subdivision
will not be permitted except during times when the normal parking
facilities on the lot will not accommodate all the vehicles
owned by persons visiting said lot owners. Any driveway to
be located on any lot shall be hard surfaced with concrete,
blacktop or similar permanent hard surface.
10. No liquid waste of any description shall be drained, dumped
or disposed of in any way into open ditches or water courses.
Trash, garbage or other waste shall be kept in sanitary containers,
hidden from view of adjoining property owners and streets until
disposed of. No portion of any lot shall be used or maintained
as a dumping ground for rubbish of any description.
11. Grass and weeds are to kept down on all vacant lots to
prevent any unsightly condition. This is an obligation of the
owner and is to be done at his expense, with it being further
understood and agreed that the Committee herein reserves the
right to enter upon any lot or lots where grass and weeds present
an unsightly and unsanitary condition and summarily abate and
remove the same at the expense of the owner, with such action
to be done at the sole discretion of the Committee and to not
require any advance notice to be served upon the owner of such
lot or lots.
12. No buildings shall be erected of exposed cement or exposed
cinder blocks and no building shall be built where siding shall
consist of asbestos shingles or aluminum, nor shall there
be any metal roofing on any structure. There shall be no prefabricated
buildings placed upon said lots except prefabricated components
of buildings such as window units, door units, roof trusses,
cabinet units, etc., which shall be permitted. All homes constructed
in this Subdivision shall be principally of brick, stone, or
eight (8) inch wood siding or of any other such material approved
in writing by the Committee. As construction methods change
in future years, the Committee, its successors and assigns,
reserve the right to modify this paragraph in its sole discretion.
13. No structure of temporary character shall be placed upon
any lot at any time; however, this prohibition shall not apply
to shelters used by a contractor during construction of a main
dwelling house it being clearly understood that theses latter
temporary shelters may not, ant any time, be used as a residence
or permitted to remain on the lot after completion of construction.
No trailer, mobile home, basement, tent, shack, garage or other
outbuilding erected on these tracts shall be at any time used
as a residence temporarily or permanently, nor shall any structure
of a temporary character be used as a residence, nor shall
any residence be moved onto a building lot in the subdivision.
No dwelling house erected on any lot shall be occupied in any
manner whatsoever while in course if construction, nor at any
time prior to its being fully completed, as herein required.
14. Trucks, including pick-up trucks, recreational campers,
boats and carriages for boats may be parked or stored on a
lot only with the permission of the Committee, and then only
in areas which are screened from the street and adjoining properties
within the subdivision. The assembly or disassembly of a motor
vehicle shall not be conducted upon any lot. No vehicle shall
be parked without a valid licensed tag.
15. No fuel tanks or similar storage receptacle may be exposed
to view, and may be installed only within the main dwelling
house, within enclosed garage, or buried underground.
16. Electric power, telephone and cable television service
to all structures on any lots shall be by underground cable
or underground wires from the utility company’s main
underground cables or lines to said structures, if such be
deemed feasible and practical by the Owner. The Owner of the
ESTATES OF THE SALISBURY reserves the right to subject the
real property herein described to a contract with the appropriate
electric utility company for the installation of underground
electric cables and/or the installation of street lighting,
either or both of which may require an initial payment and/or
a continuing monthly payment to the utility company by the
owner of each lot.
17. Outside clothes lines will not be permitted.
18. Easements for installation and maintenance of utilities,
drainage facilities and other public conveniences are reserved
as shown on the recorded plat above referred to. Within these
easements, no structures, planting or other material shall
be placed or permitted to remain which may damage or interfere
with the installation and maintenance if utilities and other
public conveniences, or which may change the direction or flow
of drainage channels in the easements, or which may obstruct
or retard the flow of water through the drainage channels in
the easements. The easement area of each lot and all improvements
within said area 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 Owner of ESTATES
OF THE SALISBURY reserves the right to create and impose additional
easements or rights of way over any lot or lots owned by it
for street, drainage and utility installation purposes by recording
of appropriate instruments and such shall not be construed
to invalidate any of these covenants. The Committee shall have
and is hereby granted the right to erect a perimeter fence
and the Committee is hereby granted such rights of way and
access as shall be reasonably necessary to construct and maintain
such fence.
19. No other easements, right of way, or rights of access
shall be deeded, granted or in any way given by lot owners
to any other person, firm or corporation through and over any
lot in this Subdivision, without the written permission of
the Committee. In particular, no owner of a perimeter lot shall
permit such lot to be used for access to or from any property
not located within ESTAES OF THE SALISBURY without the express
consent of the Committee. No lot shall be re-subdivided except
as approved by the Committee.
20. Clearcutting of timber is prohibited. This includes the
removal of any trees located within ESTATES OF THE SALISBURY
without prior approval of the Committee.
21. Until such time as appropriate action is taken to turn
the maintenance of streets in the herein described ESTATES
OF THE SALISBURY over to the State, or other governmental entity,
or Homeowners Association, it shall be and hereby is the responsibility
of the lot owners to maintain all streets adjoining their lot
or lots in the said ESTATES OF THE SALISBURY. For the purposes
hereof, lot owners shall include both purchasers of the said
lots and the Owner of the ESTATES OF THE SALISBURY, as to those
lots unsold.
22. All covenants, restrictions and affirmative obligations
set forth in this Declaration shall run with the land and shall
be binding on all parties and persons claiming under them for
a period of twenty (20) years from the date hereof, after which
time said covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed buy a
majority of the then owners of lots affected by such covenants
has been recorded, agreeing to amend or terminate said covenants
in whole or part.
23. In the event of a violation or breach of any of these
restrictions by any property owner, or agent, or agent of such
owner, the Committee, Association, or the owner of any lot
in the Subdivision, or any of them jointly or severally, shall
have the right to proceed at law or in equity to compel a compliance
to the terms hereof or to prevent the violation or breach in
any event. In addition to the foregoing, the Committee its
successors and assigns, shall have the right, whenever there
shall have been built on any lot in the Subdivision any structure
which is in violation if these restrictions, to enter upon
the property where such violation exists, and summarily abate
or remove the same at the expense of the owner if after thirty
(30) days written notice of such violation, it shall not have
been corrected by the owner. Any such entry and abatement or
removal shall not be deemed a trespass. The failure to enforce
any right, reservation, restriction, or condition in this Declaration
of Restrictions, however long continued, shall not be deemed
a waiver of right to do so hereafter, as to the same breach
or as to a breach occurring prior or subsequent thereto, and
shall not bar or affect its enforcement.
24. The invalidation by any court of any restriction or restrictions
in the Declaration of Restrictions contained shall in no way
affect any of the other restrictions contained herein, which
shall remain in full force and effect.
25. In that it is contemplated that a Homeowners Association
may be created for future purchasers and acquirers of those
lots in the ESTATES OF THE SALISBURY, it is therefore expressly
understood and agreed that any purchaser or acquirer of any
said lot in the subdivision, by the acceptance of a Deed or
Contract for any lot, agreed to and shall be a member of an
subject to the obligations and duly enacted by-laws of any
such Homeowners Association, when and if such is created. The
right to create a Homeowners Association shall be in the sole
and exclusive direction and control of the Owner. The Homeowners
Association shall have the express right, power and authority
to levy assessments, with said assessments to be for the purpose
of road maintenance, road repairs, road improvements, maintenance
of common areas, maintenance of common road right-of-way areas,
water system repairs, costs, and maintenance and improvements,
and any other costs and expenses incurred by the said Homeowners
Association. All such assessments shall automatically be a
lien against the various lots sold to individual property owners
within ESTATES OF THE SALISBURY. The property owner shall have
fifteen (15) days from the time of assessment to pay and satisfy
such liens and assessments, and the failure thereof shall give
the Homeowners Association the full right to foreclose upon
the said lien arising from the assessment, and in such an event
any and all court costs and attorney fees shall be chargeable
back to the non paying property owner. For any non-paid accounts
which are more than fifteen (15) days in default, the Homeowners
Association shall have the right to charge and receive interest
on such unpaid account, with said interest to be at the rate
of four (4%) percent of the amount of the assessment. It is
expressly understood and agreed that the Owner, or Owners,
of ESTATES OF THE SALISBURY shall not be required to become
a member of the Homeowners Association or subject to the terms
and conditions of the said Homeowners Association.
26. It is understood and agreed that the above said Homeowners
Association shall be responsible for the management, upkeep,
and maintenance and servicing of the water system of the ESTATES
OF THE SALISBURY. It is further understood and agreed that
the Owner of the ESTATES OF THE SALISBUIRY or, the Homeowners
Association with the prior, express written permission of the
Owner, may transfer the ownership, operation and control of
said water system unto another entity, and the said entity
shall have the right to assess such fees and costs for water
consumption as by law allowed.
27. For the purposes hereof the Owner of the ESTATES OF THE
SALISBURY shall be Frank W. Kasey and wife, Zelda T. Kasey
their heirs and successors and assigns, however specifically
excluding any purchaser or any lot or lots within the ESTATES
OF THE SALISBURY sold in the normal course of business by the
owner, with it being further expressly understood and agreed
that any bulk purchaser or acquirer of lots should be deemed
to be an “Owner”. For the purposes hereof a “bulk
purchaser” shall be defined as a purchaser of 33 1/3%
or more of the total lots owned by Frank W. Kasey and wife
Zelda T. Kasey at any one time. Should a bulk purchaser purchase
less than the entirety of the lots than owned by Frank W. Kasey,
and wife Zelda T. Kasey, then both Frank W. Kasey and wife,
Zelda T. Kasey, and any such bulk purchaser or bulk purchasers
shall be deemed to be owners of the ESTATES OF THE SALISBURY.
28. It is hereby expressly understood and agreed that the
Committee shall and does have the right to modify, amend or
eliminate any of the terms and conditions of these Protective
Covenants for any lot or lots in which title is vested in Frank
W. Kasey, and wife Zelda T. Kasey and in pursuance thereof,
it is expressly understood and agreed that such modifications,
amendments or eliminations are to be at the sole and exclusive
discretion of the Committee and do not require the approval
or joinder of any other person, corporation or entity, especially
including any owner of any lot or lots in the ESTAES OF THE
SALISBURY.
Witness the following signature and seals, this the 25 day
of August, 1989.
Frank W. Kasey (SEAL)
Zelda T. Kasey (SEAL)
STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
I, a Notary Public of said and county do hereby certify that
Frank W. Kasey and wife, Zelda T. Kasey, personally appeared
before me and acknowledged the due execution of the foregoing
instrument.
WITNESS my hand and Notarial seal, this the 25 day of August
1989.
Anne S Stewart
NOTARY PUBLIC
My Commission Expires 10/17/92
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