Restrictions for River Mist
- 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, or any type of temporary housing shall be placed or
located upon any Lot as a residence except during the
construction of a permanent home. 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.
- Each principal residence constructed on
any Lot shall consist of not less than 1200 square feet of
enclosed heated floor space if the residence contains a single
floor, and not less than 1500 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.
- Only one Single Family Dwelling may be
constructed per acre. No outbuildings of any kind may be
constructed, except that for each Single Family Dwelling
constructed, a attached or detached garage may be constructed,
and one storage building.
- 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.
- 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 adjacent lot
owners and the Home Owners' Association (HOA). This restriction
shall not apply with respect to the interior boundaries between
Lots being improved as a unit.
- 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, including without limitation, the assembly
and disassembly of motor vehicles and other mechanical devices.
All trash, garage, and waste shall be kept in sanitary, closed
receptacles. No burning of garbage shall be done or permitted on
any Lot in the Subdivision.
- No animals may be kept and maintained on
any Lot except that this shall not prohibit the keeping of usual
household pets. All pets shall be kept on the Owner's Lot or on
a leash in the presence of the owner. No animal may be
maintained on any Lot if it makes such an amount of noise as to
frequently or habitually disturb Owners of other Lots.
- 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.
- 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.
- It shall be the responsibility of each
Lot Owner to provide adequate parking space for motor vehicles
on his or her Lot. 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 unless in a garage.
- 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.
- No Owner or Owners of any Lot shall
operate or permit to be operated by those under their control,
or by those ought to be under 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.
- Easements and Right of Ways: 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, maintained, 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 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.
- Open, Grassy areas such as lawns and
meadows shall be mowed at least four times per year.
- No building constructed on any Lot shall
have tar paper, asbestos, unfinished plywood, or rough hewn
irregular edged type siding. No building, constructed on any Lot
shall have an exposed metal chimney. Concrete blocks used in
construction must be painted.
- All utility lines, including all
electrical, telephone, cable television, water and sewer lines,
installed in the Subdivision shall be installed underground.
- 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.
- No fuel tanks or similar storage
receptacles may be maintained on any Lot unless they are buried
underground, or are otherwise installed so that they are not
visible from any place outside the lot.
- Each Lot and each Lot Owner shall and
must automatically be a member of the Association (HOA). 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. 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 to its
original conditions. 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 home or Lot Owner
for his share of the costs and expenses of the maintenance,
repair and upkeep of the roads and common areas, the maintenance
responsibility for which is that of the Association. Payment of
such assessments shall be due thirty (60) days after notice
thereof is sent. If not paid within said thirty (60) 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 therefore
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 attorneys' 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.
- 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.
- This Declaration may be amended by means
of a duly recorded amendment signed by the Owners of two-thirds
(2/3) of the Lots subject to this Declaration. This Declaration
may also be amended by the Association by a two-thirds (2/3)
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.
- This Declaration shall be effective for a
period of seventy-five (75) years from and after its date as set
forth above. Homeowners Association shall be established after
five lots have been sold, consisting of five lot owners and
Declarent. As each lot is sold all new lot owners will become
equal members.
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