CREEKSIDE POINTE, LLC, being the owner of that certain tract of land. Said tract of land lying and being in Jobs Cabin Township, Wilkes County, North Carolina, wishes to restrict said lands as to the use thereof, as follows:
1. Creekside Pointe at the Parkway is a residential and recreational community. Every residence shall be constructed of a rustic exterior, i.e., logs, stone or wood siding, in order to blend into the natural surroundings. There shall be no foundations constructed of piers or stilts, but foundations shall be of continuous wall design. No block on foundation wall shall be left exposed. There shall be no commercial activity conducted on said premises.
2. Creekside Pointe, LLC, its successors and assigns, reserves a 10’ easement of right of way for all necessary easements for public utilities within said road rights of way and for road improvement along the perimeter of each tract.
3. No mobile homes (triple-wide, double-wide or single-wide), camper trailers, modular homes or tents shall be permitted on any tract. No recreational vehicles may be used for housing (except during the construction of a residence).
4. Any motors homes, campers, or recreational vehicles, including visitors, may not be parked on or within the rights of way of Creekside Pointe at the Parkway or within the yards of the residence owners.
5. No swine, livestock or poultry shall be raised or bred on any lot. Household pets such as cats and dogs are permissible provided that they are not bred or maintained for commercial purposes. All pet owners are responsible for cleaning up after their pets.
6. No building shall be erected upon any lot which is closer than twenty-five (25) feet from the street right of way or closer than ten (10) feet from the property line of any other adjoining tract.
7. All buildings constructed on the subject premises shall be constructed in accordance with all of the rules and regulations of the North Carolina Building Code, and the owner of each tract must have the home/building plans approved by the developer of the subdivision, or its successors and assigns. Each home shall have a minimum of 1300 square feet of finished, heated living area, excluding garages, porches, basements, etc.
8. No inoperable motor vehicles or unsightly junk, unsightly or dilapidated buildings, or other structures shall be allowed on said tract. Said premises may not be used as a dumping ground for rubbish or trash. Trash, garbage and other waste shall be kept in sanitary containers. Any unlicensed vehicle, including cars, buses, tractors, trailers, and all parts thereof, not in a running condition are not permitted on premises.
9. Each person or persons erecting a residence on said property shall install a septic tank and well in accordance with the rules, regulations, and specifications approved by Wilkes County Health Department.
10. No part of said premises shall be used or occupied injuriously as to affect the use, occupation or value of the adjoining or adjacent premises or neighborhood. The owners of each tract agree that they will maintain their respective premises in a neat, presentable, and attractive condition, including, but not limited to, the keeping of garbage in closed containers, the cutting of grass and weeds, and the removal from the premises all trash and debris.
11. The owners of any granted tract agree to pay the sum of $250.00 per year to Creekside Pointe, LLC, or its successors and assigns, for the maintenance of roads, entrance landscaping, fending, signs, mowing, etc. Said amount shall be payable in two installments of $125.00, due on January 1st and July 1stof each year. In the event the assessment is insufficient for the needs of Creekside Pointe at the Parkway, said amount may be adjusted.
12. The roadways and rights of way constructed throughout the subdivision are for the common use of the Developers, the lot owners and their respective heirs, successors and assigns. There shall be no hunting from any roadways or designated common areas or on any property located within this development.
13. All covenants and restrictions set forth shall remain with the land and be binding on all parties and persons claiming under them for a period of fifteen (15) years from the date of recording of this instrument unless an instrument signed by the owners of the majority of the tracts has been recorded in the County Registry agreeing to a modification or change of the same in whole or in part. At the expiration of fifteen (15) years, said covenants shall be automatically extended for successive periods of five (5) years.
14. Enforcement of these restrictions shall be provided by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.
15. The invalidation of any one or more of the foregoing covenants and restrictions by judgment, Court order, or otherwise shall not in any way affect any of the other covenants and restrictions which shall remain in full force and effect as herein provided.
This Declaration of Restrictions shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignees and successors of the respective parties.
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