The following covenants are provided for your information only as there is no record of formal adoption. Crosswinds HOA requests all homeowners and residents to act in the best interest of the community.
PROTECTIVE COVENANTS
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THESE COVENANTS ARE PROVIDED FOR YOUR INFORMATION.
IN SOME PHASES ARTICLE XIII, ARCHITECTURAL APPROVAL, IS NOT INCLUDED.
THIS DECLARATION, made this day of 1988, by CROSSWINDS PROPERTIES, INC., a North Carolina Corporation, hereinafter called Declarant; WITNESSETH: WHEREAS, the Declarant is the owner of the real property described in Article I of this Declaration and is desirous of subjecting said real property to the protective covenants hereinafter set forth; each and all of which is and are for the benefit of such property and for each owner thereof, and shall insure to the benefit of and pass and run with said property and each and every lot or parcel thereof, and shall apply to and bind the successors in interest and any owner thereof.
NOW, THEREFORE, the Declarant hereby declares that the real property described in and referred to in Article I hereof is and shall be held, transferred, sold and conveyed subject to the protective covenants set forth below.
ARTICLE I
The real property which is and shall be held, transferred, sold
and conveyed subject to the protective covenants set forth in the
Articles of the Declaration is located in the County of Wake, State of North Carolina, and is more particularly described as follows:
TRACT, LOT NUMBERS, AND RECORDING INFORMATION APPEARS HERE.
No property other than that described above shall be deemed
subject to the Declaration until specifically made subject hereto.
The Declarant may, from time to time, subject additional
real property to the protective covenants and restrictions
herein set forth by appropriate reference hereto.
ARTICLE II
The lots described in Article I hereof shall be known
and described as residential lots. No building shall be erected,
altered, placed or permitted to remain on any residential lot
other than one detached single-family dwelling not to exceed two
stories in height (exclusive of basement and attic) and a private
garage for not more than two cars. However, the Declarant
reserves the right to erect and place a temporary sales office
on any lot still owned by it and to be used only as a sales
office for a period not to exceed four years.
ARTICLE III
All dwellings constructed on lots in this subdivision
shall have an enclosed area of the main structure, exclusive of
one-story open porches and garages, of at least 1600 square feet
for a one-story dwelling, at least 1800 square feet to a one and
one-half story dwelling, at least 1900 square feet for a two-story
dwelling, and at least 1300 square feet of finished floor area
on the top two levels for a split-level dwelling.
ARTICLE IV
No dwelling shall be erected on any lot nearer to the
front lot line than 40 feet, nor nearer to the side line than 10
feet; provided, however, that on corner lots the dwelling may
face either street and may be located not nearer than 20 feet to
one street if the same is at least 40 feet from the other street.
For the purpose of this covenant, eaves, steps and open porches
shall not be considered as a part of the dwelling, provided,
however, that this shall not be construed to permit any portion
of a dwelling on a lot to encroach upon another lot.
ARTICLE V
No dwelling shall be erected or placed on any lot
having a width less than 75 feet at the minimum building setback
line; nor shall any dwelling be erected or placed on any lot
having an area of less than 20,000 square feet, except that a
dwelling may be erected or placed on all lots as show on said
recorded plat, regardless of width at the minimum building
setback line or area in square feet.
ARTICLE VI
No noxious of offensive trade or activity shall be
carried on upon any lot, nor shall anything be done thereon
which may be or become an annoyance or nuisance to the neighbor-
hood. No trade materials or inventories may be stored upon the
premises and no trucks, tractors, or inoperable automobiles may
be stored or regularly parked on the premises. No business
activity or trade of any kind whatsoever, which shall include
but not be limited to the use of any residence as a doctor’s
office or professional office of any kind, a fraternity house, a
rooming house, a boarding house, an antique shop of gift shop,
shall be carried on upon any lot. Except with the prior approval
of Declarant or the Architectural Committee, no communication
tower, television tower or sattelite disc shall be erected or
placed upon any lot.
ARTICLE VII
No trailer (except recreational vehicles and boats
which are parked behind the dwelling), tent, shack, or barn
shall be erected or placed on any lot covered by these cove-
nants. A storage shed may be permitted at the rear of each lot
upon approval of the Architectural Committee after the plans and
specifications or a photograph and a plot plan showing the
proposed location have been submitted for approval.
ARTICLE VIII
An easement is reserved over the rear 5 feet of each
lot and over a strip 5 feet in width along the side lines of
each lot for the installment of utilities and drainage facilities.
ARTICLE IX
In the event that a dwelling is constructed nearer to
the adjacent lot line than is permitted by these restrictive
convenants, but not nearer than 5 feet to such line, such violation
may be waived by the execution and recording in the Wake County
Registry of an instrument in writing signed by the Declarant,
and by the owners of the adjacent lot on the side on which the
violation occurs. Declarant reserves the right to waive viola-
tions not in excess of 10% of the front and side street lot line
setback requirements. Upon the execution and recording of
such waivers, such violations shall not thereafter be
deemed existing.
ARTICLE X
No animals, livestock or poultry of any kind shall be
raised, bred or kept on any lot, except dogs, cats or other
household pets may be kept, provided that they are not bred or
maintained for any commercial purpose.
ARTICLE XI
No lot or portion thereof shall be dedicated or used
for a public street without the written consent of the Declarant,
its successors or assigns.
ARTICLE XII
No fence, wall, hedge, or mass planting shall be
erected or permitted to remain on any lot closer to the front
lot line than the front of the dwelling erected on said lot.
ARTICLE XIII
ARCHITECTURAL APPROVAL. No building shall be erected,
placed, or altered on any premises in said development until the
building plans, specifications and plat showing the location of
such buildings have been approved in writing as to conformity
and harmony of external design with existing structures in the
development, as to location of the building with respect to
typography and finished ground elevation, and as to finished
living area, by Declarant or by an architectural committee (the
Architectural Committee) designated and appointed by Declarant
or its assigns. In the event Declarant or said committee fails
to approve or disapprove such design or location within thirty
days after said plans and specifications have been submitted to
it or, in any event, if no suit to enjoin the erection of such building
or the making of such alterations has been commenced prior to the
completion thereof, such approval will not be required and this covenant
will be deemed to have been fully complied with. Declarant and members
of such committee shall not be entitled to any compensation for
services performed pursuant to this covenant.
ARTICLE XIV
Enforcement of these covenants shall be by proceedings at law or
in equity against any person or persons violating or attempting to
violate any covenant either to restrain violation or to recover damage.
ARTICLE XV
Invalidation of any one of these covenants by judgment
or court order shall in no way affect any of the other provisions
which shall remain in full force and effect.
ARTICLE XVI
These covenants are to run with the land and shall be
binding on all parties and all persons claiming under them for a
period of twenty-five years from the date these covenants are
recorded, after which time said covenants shall be automatically
extended for successive periods of ten years unless an instrument
signed by a majority of the then owners of the lots has been
recorded agreeing to change said covenants in full or in part.
ARTICLE XVII
Declarant reserves the right to subject said property
to a contract with Carolina Power and Light Company for the
installation of underground electric cables and/or the installa-
tion of street lighting, either or both of which may require an
initial payment and/or a continuing monthly payment to Carolina
Power and Light Company by the Owner of each lot.
IN TESTIMONY WHEREOF, Crosswinds Properties, Inc. has
caused this instrument to be executed in its corporate name by
its President, attested by its Secretary and its corporate seal
to be hereto affixed, by order of its Board of Directors duly
given, as of the day and year first above written.
CROSSWINDS PROPERTIES, INC.
By: ___________________________
ATTEST: F. L. Robuck Jr., President
____________________________
Thomas L. Fonville, Secretary STATE OF NORTH CAROLINA COUNTY OF WAKE