Shown Below is a Preliminary Draft of the Deed Restrictions and Covenants for Cameron’s Ridge.
Act Creating
Deed Restrictions State of North Carolina
And Covenants County of Cherokee
Of Cameron’s Ridge
By: CAMERON’S RIDGE, LLC.
For: CAMERON’S RIDGE DEVELOPMENT
BE IT KNOWN, that on this ____ day of ___________, 2007.
BEFORE ME, Dana Bius, Notary, in the County and State aforesaid, and in the presence of the undersigned competent witnesses, personally came and appeared:
CAMERON’S RIDGE, LLC., a limited liability corporation, organized under the laws of the State of North Carolina, domiciled and doing business in Cherokee County, North Carolina, herein represented by Ronald K. Stoessell and Yolanda H. Moore, equal members, the mailing address of which is declared to be 121 Notquyta Road, Murphy, North Carolina 28906 (hereinafter referred to as “DEVELOPER”).
WHICH DEVELOPER DECLARED, that it is the record owner of a portion of ground, located in Shoal Creek Township, Cherokee County, North Carolina, being a parcel containing 27.65 acres of land, on which 20 residential lots have been developed, known as CAMERON’S RIDGE. Said parcel is described in accordance with the plat and survey _______________________ prepared by _________________________________________, hereinafter referred to as the “plat”. Full legal descriptions of the parcels and the location of the said lots thereon, are shown by reference to the said community plat, all of which is incorporated hereby by reference.
AND WHICH DEVELOPER DECLARED, that it desires to submit CAMERON’S RIDGE to certain deed restrictions and covenants in order to provide for the preservation of values in the community, and in order to accomplish this end it is necessary that these deed restrictions and covenants be placed of record.
NOW THEREFORE, the DEVELOPER hereby declares that all lots in CAMERON’S RIDGE, shall be and is held, conveyed, hypothecated, encumbered, sold, leased, rented, used, occupied and approved subject to the covenants, privileges, restrictions and contractual obligations and rights as hereinafter set forth, all of which are declared to be in aid of a plan for the improvement of the Property. These Deed Restrictions and Covenants shall be deemed to run with the land and bind the land, and shall inure to the benefit of and be enforceable by the Developer, and its successor and assign, the CAMERON’S RIDGE HOME OWNER’S ASSOCIATION.
COVENANTS, DEED RESTRICTIONS AND OBLIGATIONS
FOR CAMERON’S RIDGE
I. DEFINITIONS
1. Architectural Committee - Shall mean and refer to the CAMERON’S RIDGE Architectural Control Committee authorized and provided for hereinafter (AC).
2. DEVELOPER - Shall mean Cameron’s Ridge, LLC, its successors, assigns, or transferees.
3. Lot - Shall mean each of the subdivided parcels of real property designated for residential construction and private ownership in CAMERON’S RIDGE, as shown on the plat, and any other lots in future phases of the community if developer elects to add future phases to these restrictions, as adjacent land owned or hereafter purchased by developer is developed.
4. Rules and Regulations - Shall mean the Rules and Regulations as may be promulgated by the AC from time to time, governing the rules and standards for construction and the procedures for obtaining necessary prior approval for site preparations and construction.
II USE OF PROPERTY
1. The community was designed for single-family use and the lots shall be subjected to no other use than for single-family use. Developer may, however, utilize a lot or lots as sales and/or administration offices until all lots are sold.
2. All improvements on the lots shall be constructed in accordance with the requirements provided herein below and shall thereafter be maintained by the owner in a clean, safe, attractive condition and in good repair.
III. PROHIBITED ACTIVITIES
1. No animals, birds, or fowl shall be kept or maintained on any part of the property for any commercial use or purpose.
2. No accumulation or storage of trash, litter, lumber, scrap metal, building materials, new or used, shall be permitted in viewable areas of any lot, provided, however, that the storage of building materials and equipment shall be permitted during periods of new construction, remodeling and/or renovation of any improvement located upon any lot, for periods deemed reasonable by the AC.
4. No structure of a temporary character such as a trailer, camper, camp truck, house trailer, mobile home, or other prefabricated trailer, house trailer, or recreational vehicle or other vehicle having once been designed to be moved on wheels, no tents, shacks, barns or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. Further, no such trailer, camper, camp truck, junk vehicle, recreational vehicle, motorcycle, boat and/or boat trailer shall be kept in the street adjoining any lot in the community.
5. No outbuilding shall be used in any way that conflicts with the Use of Property described under II above.
6. No owner will do or permit to be done any act upon his property which may be, or is, or may become, a nuisance to the other owners or which is unsafe, hazardous or illegal.
7. No changes in the elevations or drainage of the land shall in no manner adversely affect any neighboring property.
8. Outdoor speakers, radios, public address systems and the like, whether temporary or permanent, are expressly prohibited if same can be heard from adjacent lot areas. Noise emanating from inside a structure shall not be audible outside the structure. All other noise which offends, disturbs or constitutes a nuisance is expressly prohibited.
9. No work or construction of any kinds can be done on the Property except with the approval of the AC.
10. No owner shall install or cause to be installed any exterior lamp posts or “street lighting” except as approved by AC.
IV. EASEMENT OVER LOTS
The DEVELOPER shall have the right to grant reasonable licenses, easements and rights of way for sewer, water, storm drain, telephone, electricity, gas, cable T.V. and other utility lines and for streets of rights of passage over portions of the lots prior to the sale of the lot to the owner occupant.
V. PURCHASER/PROPERTY OWNER IN CAMERON’S RIDGE
Any purchaser in this community takes note and acknowledges by purchasing a lot herein that there shall be established DEED RESTRICTIONS AND COVENANTS governed by AC, and it’s successor, CAMERON’S RIDGE HOME OWNERS ASSOCIATION.
The streets herein, as designated on the plat, will eventually be owned by the CAMERON’S RIDGE HOME OWNERS ASSOCIATION, but at present are owned by the Developers.
VI. ARCHITECTURAL CONTROL AND CONSTRUCTION
1. Architectural Control. No structure shall be erected on any lot or elsewhere on the Property by any person, firm or corporation without the prior approval of the Architectural Control Committee, hereinafter referred to as the AC. In addition to the matter otherwise provided herein, architectural control shall include the approval of a structure’s size, structural construction materials, exterior appearance and location on the lot. The AC has the authority to disapprove structures which it deems not to coincide with the aesthetics of the community, in its sole discretion. The AC shall be composed of the developers, Yolanda H. Moore and Ronald K. Stoessell or their legal representatives as long as the Developer owns a lot in CAMERON’s RIDGE or until the Developer passes control of the AC to their successor, CAMERON’S RIDGE HOME OWNERS ASSOCIATION.
2. Commencement of construction. All necessary building and related permits must be obtained prior to commencement of construction, and all construction must be performed in accordance with any regulations promulgated by the AC from time to time, and applicable building codes, and in accordance with the plans and specifications submitted to and approved by the AC. Any change in plans and specifications during construction from those approved by the AC shall be resubmitted for specific approval.
3. Disclaimer. Review of plans and specifications by the AC is for the purpose of assuring the desired aesthetics for the community and the steady quality of construction on the property affected by these restrictions and is not intended nor shall it be construed to be for the benefit of any other party (parties). No party who submits plans and specifications shall have any right or cause of action against the AC for alleged negligent or intentional failure to advise of any deficiencies or defects therein, it being understood that same is not being monitored.
4. Authority to Grant Variances. The AC shall have the exclusive power and authority to grant variances from the strict application of any of these covenants provided that such variances shall not subvert the purpose and principal thereof. The grant of a variance should be based upon the AC’s opinion that the variance will improve the quality and/or appearance of the project or will alleviate practical difficulties or undue hardship. Such variances as may be presented to the AC shall be considered on an individual, case by case basis, and shall not be deemed to set any precedent for future decisions by AC. Nor shall the grant of a variance in any manner alter the force or effect of the restrictions with regard to other lots.
VII. PROPERTY OWNER’S RIGHT OF ENJOYMENT
Subject to the provisions of these restrictions, and any regulations established by the AC, every property owner shall have a right to use and enjoy the property or lot acquired and owned.
Should any property owner fail to properly maintain its property, ground and/or facilities, or in any manner allow its property to become detrimental to the aesthetic scheme of the community, or violate these restrictions in any manner, then the AC, and it’s successor, shall have the right to enter upon the property in order to take such corrective actions as will alleviate the situation. Such an entry will not be deemed to be a trespass. The AC, and it’s successor, shall be reimbursed by the property owner for the full costs of such work performed in order to alleviate the situation.
VIII.SPECIAL PROVISIONS
1. APPROVAL OF PLANS. The owner/builder shall submit two (2) sets of plans to the AC office of the DEVELOPER, 121 Notquyta Road, Murphy, NC 28906. Each set must include both the building plan and the site plan showing the proposed building location, setback lines, driveway location, any other paving, fences and culverts to scale. One set of plans will be signed as either approved or rejected within a reasonable time period. The signed set will be returned, the other retained for the committee’s records. There may be a reasonable fee charged for the review and approval process.
2. BUILDING LOCATION - CULVERTS - ELEVATIONS.
A. A 10 foot setback from the lot boundaries shall apply to all buildings. The AC, and it’s successor, the Cameron Ridge Homeowner’s Association may grant setback variances for accessory buildings or structures in its discretion.
(1) All driveways must have a culvert approved in size by the AC. Each driveway must have two (2) expansion joints, one on either side of the culvert. The AC reserves the right to designate an engineer to assure proper culvert size and elevation and for a subcontractor to install the culvert to proper elevation at property owner’s expense. However if the builder or owner does not properly install the culvert, he will be notified by the AC and failure to correct same within fifteen (15) days of notice will result in AC correcting same and the assessment of this cost to the lot owner or builder.
(2) The placement of driveways on lots must be approved by the AC to assure that there are not entrances or exits of driveways which interfere with traffic flow at intersections and to assure that aesthetics of the overall community are preserved.
(3) Any owner who owns two or more adjacent lots, may construct a building across the common side line of the lots, subject to compliance with all other setback requirements. There can never be more than one dwelling on any one lot.
(4) Construction of any nature except fences which do not interfere with the use of the servitudes, is prohibited in any utility or drainage easements. Driveways, naturally are a further exception, and may cross servitudes, to join the street.
IX. GENERAL PROVISIONS
1. Effect of Provisions of Act. By filing these restrictions before the sale of any lot in this community, each provision of this act shall be deemed incorporated into each deed or other instrument by which any right, title or interest in any of the property is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument.
2. Severability. Invalidity or unenforceability of any provision in this act shall not affect the validity or enforceability of any other provision of any valid and enforceable part of this act.
3. Captions. Captions and headings herein are for convenience only and are not to be considered substantively.
4. No Waiver. Failure to enforce any provisions of this act shall not operate as a waiver of any such provision or any other provision of this act.
IN WITNESS WHEREOF, Declarant has executed this instrument as the date set forth in the presence of the undersigned competent witnesses, after reading the whole and for the purpose stated herein.
WITNESSES: CAMERON’S RIDGE, L.L.C., DEVELOPERS
BY:
RONALD K. STOESSELL, DEV.
__________________________ BY:
YOLANDA H. MOORE, DEV.
DANA BIUS, NOTARY