BK, 1 0 3 1 PG 587

 

 

STATE OF NORTH CAROLINA

COUNTY OF BEAUFORT

AMENDMENT TO PROTECTIVE COVENANTS

CYPRESS LANDING-PHASE I SECTION V

 

 

THIS AMENDMENT TO THE PROTECTIVE COVENANTS, CYPRESS LANDING, is dated for purposes of reference only this 23rd day of September 1995, and is submitted for recordation by WEYERHAEUSER REAL ESTATE COMPANY, a corporation qualified to do business in the State of North Carolina (hereinafter "Declarant").

 

RECITALS:

 

Declarant has prepared a master development plan for a predominantly residential community named Cypress Landing. The development plan for Cypress Landing is set out in the Protective Covenants for Cypress Landing recorded in Book 997, Pages 228 through 272, and rerecorded in Book 998, Pages 2 through 61, Beaufort County Registry, and which Protective Covenants have been subsequently amended ("Master Covenants"). Certain properties described in the Master Covenants were subjected to its provisions. Declarant reserved the right, in Paragraph 2 of the Master Covenants, to subject described additional properties to the terms and conditions of the Master Covenants. Declarant further reserved the right to impose new or different development guidelines and restrictions on the additional properties made subject to the Master Covenants. The purpose of this Amendment to Protective Covenants (the "Amendment") is to subject additional properties to the terms and conditions of the Master Covenants, and to specify particular restrictions and easements applicable to the properties described herein.

 

Therefore, the Master Covenants are hereby amended as follows:

 

1.        ADDITIONAL PROPERTIES. The provisions of the Master Covenants shall apply fully to all of the property described on that plat entitled Weyerhaeuser Real Estate Company, Cypress Landing Subdivision, Phase I, Section V, recorded in Slide Cabinet E, Slides 63-6 through 63-8, Beaufort County Registry (the "Section V Plat"), including numbered residential subdivision Lots 159 through 219 depicted thereon. All of the terms and provisions of the Master Covenants shall be fully binding and applicable to such property, except as specifically modified herein. The Lots shown on the Section V Plat shall be referred to as "Section V Lots".

 

2.        DUES. As required by Paragraph 6G of the Master Covenants, Declarant shall begin paying dues on unsold Section V Lots on the first day of the month following the conveyance by Declarant to a third party of any Section V Lot shown on the Section V Plat.

 

 

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3.        BUILDING RESTRICTIONS. All building restrictions contained in the Master Covenants shall be fully applicable to Section V Lots, except as specifically altered by this Amendment. The minimum square footage of heated, enclosed living space for each approved Living Unit shall be 1800 square feet for all Lots except for those Lots with water frontage, being, for purposes of minimum building size, being Lots 197 through 213 as shown on the Section V Plat, and the minimum square footage of heated, enclosed living space for each such waterfront Lot shall be 2200 square feet. In lieu of the 10 ft. utility, drainage and maintenance easement running parallel to each street as set out in paragraph 13 of the Master Covenants, said utility, drainage and maintenance easement for all Lots shown on the Section V Plat shall be 15 ft. in width.

 

4.        STORM WATER REGULATIONS. All of the Lots, shall have a limited amount of impervious surface on each Lot, in order to comply with the regulations adopted by the Environmental Management Commission of the State of North Carolina. The amount of allowed impervious surface on each Lot is as set out on Exhibit A attached hereto. The owner of each Lot shall be responsible for determining the definition of impervious surface, as determined by the State of North Carolina, but generally an impervious surface involves any alteration of the natural conditions on a Lot so as to significantly impede the percolation of water from such surface, and therefore includes houses, driveways, sidewalks, patios and other such surfaces. As required by the Master Covenants, the location of all impervious surfaces on all Lots must be approved by the Committee. Furthermore, as allowed by the Master Covenants, the restrictions contained in this paragraph #4 as to Lots are specifically enforceable by the State of North Carolina, as well as by the Association and by the owners of other properties within Cypress Landing.

 

5.        ADDITIONAL RESTRICTIONS AND LIMITATIONS. Denoted on the Section V Plat are certain easements denoted as "Natural Drainage Easements." No Lot owner may change the base elevation of any Natural Drainage Easements, except that excavation within the Natural Drainage Easements shall be allowed if an adequate and proper outlet at existing base elevation is constructed in conjunction with such excavation. The Natural Drainage Easements, to the extent not jurisdictional wetlands under Section 404 of the Clean Water Act, may be cleared or grassed, and may be crossed by walkways or bridges, as long as the natural drainage is not substantially altered. Furthermore, the Natural Drainage Easements may be piped and filled, but only upon approval of the specific specifications by the Committee. If any such area is a jurisdictional wetland, permits must be procurred from state and federal regulatory agencies for any alteration of such jurisdictional wetlands.

 

There is also noted on the Section V Plat "Drainage Easements" which are not denoted as "Natural.” No Lot owner may alter in any way such Drainage Easements, no structure may be

 

 

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constructed, erected or placed therein, and no crossing, even by bridge, shall be allowed by any structure.

 

A number of the Section V Lots have a portion thereof below the 7 foot contour. As set out in the Master Covenants, no structures may be constructed by any Lot owner below the 7 foot. contour. Specifically, and by way of limitation, no piers, walkways, steps or other such improvements may be constructed on any Lot below the 7 foot contour.

 

6.        SURVIVAL. Except as specifically amended by this Amendment, all provisions of the Master Covenants, as the same may be amended from time to time, shall be fully applicable to all Section VI Lots, and the terms and conditions of the Master Covenants shall remain in full force and effect as to all Lots encumbered thereby.

 

IN WITNESS WHEREOF, the undersigned have executed this instrument under authority duly given as of the day and year first above written.

 

WEYERHAEUSER REAL ESTATE COMPANY

 

 

BY: __________________________

JOHN M. DOUGHTY,

ASSISTANT VICE PRESIDENT

ATTEST

 

 

________________________

ASSISTANT SECRETARY

 

(Corporate Seal)

 

STATE OF NORTH CAROLINA

 

COUNTY OF CRAVEN

 

I,   Sylvia L. Frye   ,a Notary Public, certify that    Nan W. Rackley   personally came before me this day and acknowledged that he/she is Assistant Secretary of WEYERHAEUSER REAL ESTATE COMPANY, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by John M. Doughty, its Assistant Vice President, sealed with its corporate seal, and attested by himself/herself as its Assistant Secretary.

 

WITNESS my hand and official seal, this 26th day of September 1995.

 

 

 

EXHIBIT A

SECTION V (5)

 

 

 

 

EXHIBIT A

SECTION V (5)