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DELARATION OF COVENANTS AND RESTRICTIONS
The following is the Declaration of Covenants
and Restrictions by the Developer, which
has established a plan for the improvement,
development and maintenance of the subdivision
Rutherford County Courthouse Book 690, pages
387-393
WHEREAS, J.R. White & B.F. White, a North Carolina General Partnership, hereinafter referred to as "DEVELOPER", (which term includes the successors, assigns; and nominees of Developer), is the owner of all tracts in Pinnacle Mountain, as shown
upon that plat recorded in Plat Book 18 at
Page 4; of the Register of Deeds for Rutherford
County, North Carolina;
WHEREAS, Developer has established a plan
for the improvement, development and maintenance
of the subdivision and certain other lands
of the Developer and is desirous of improving,
developing and maintaining the subdivision
in accordance with said plan.
WHEREAS, Developer is desirous of impressing
and placing certain covenants, restrictions,
limitations, reservations, and servitudes
upon the ownership, improvements, use and
occupancy of each of the tracts in the subdivision
to insure the improvement, development and
maintenance of the subdivision in accordance
with the plan, which covenants, restrictions,
limitations, reservations and servitude shall
run with the title to each of the tracts
and shall be binding upon each tract.
NOW, THEREFORE; the Developer, its grantees,
successors and assigns, establish the following
covenants, restrictions, limitations, reservations
and servitude upon each of the tracts in
the subdivision and on the ownership, use
and occupancy there of
B. PROTECTIVE RESIDENTIAL COVENANTS
1. No building or structure of any kind whatsoever
other than a single dwelling house shall
be erected on the property, and any such
dwelling house shall be used for residential
purposes only.
Neither the Developer nor any other owner
of any lot within the property shall further
subdivide any of the numbered lots shown
on the initial plat or any supplemental plat
unless the subdivided lot is at least three
(3) acres in size. Nothing contained herein
shall prevent the Developer or any other
lot owner from merging two or more contiguous
lots into a single lot, provided that if
there shall be a requirement to pay assessments
as set forth herein, such requirement shall
continue to bind both lots as separate lots.
Developer also reserves the right to revise
the dimensions of any lots within the subdivision
so long as the Developer owns all lots affected
by such change (which shall mean contiguous
or adjacent lots) or obtains the written
consent of any other party who owns a lot
affected by such change. Said changes shall
be accomplished by the filing of amended
plats and appropriate amendments to these
Protective Covenants. When any such change
affects a lot owner other than Developer,
the change must also be evidenced by a deed
conveying to Developer (or other party) the
land being surrendered by such other party
in order to affect the change.
2. No mobile homes, house trailers, unapproved
out-buildings or any temporary structures shall be placed on any
tract, either temporarily or permanently, except that the builders may
elect to utilize said structures during the
construction of any improvements on the property
and the Developer may use such structures
as a sales office. This provision will not
prevent the parking of licensed motor home
or travel trailer at the home of the property
(tract) owner for the purpose of storing
said vehicle as long as said vehicle is parked
on the property owner's tract in such a manner
as to be reasonably out of sight and no offensive
to other property owners.
3. No tract shall be used for vehicle repair
work, whether performed by the property owner
or other parties. All boats and equipment
utilized with boats, including trailers shall
be kept out of the road and adjacent property
owners view.
4. Residents and property owners shall not
be allowed to park' vehicles on the road
except in emergencies. Unless otherwise posted,
guests and visitors of owners may park on
the shoulder of the roads, while visiting
property owners for a short duration, so
long as the health, safety and convenience
of other residents within the subdivision
are not impaired.
5. No building shall be erected on any tract,
nor shall any substantial change or addition
be made to any building erected on any tract
without the Approval of the Architectural Committee. The Committee shall be charged with the
responsibility of assuring that all such
buildings are basically compatible with the
designs of surrounding areas and with other
buildings previously built. Such approval
shall not be unreasonably withheld.
6. No dwelling, garage or other improved
building shall be closer than 20 feet from
any front or rear lot line or side street
line or right of way. No dwelling, garage
or other improved building shall be nearer
than 15 feet to any interior tract line.
However, where such setback line requirements
create an undue hardship upon the owner,
the Developer or the Architectural Committee
may modify such setback as necessary to prevent
the hardship. Steps, patios, and garden walls
shall not be considered part of the building
for determining front, rear and side setbacks.
7. Except for the construction and sales
activities to be conducted by the Developer
or its successors or agents for such purposes
or its designees, no portion of the property
shall be used for commercial or business
enterprises.
Home professions such as artists and craftsmen
may be permitted with written permission
of the Developer, who shall have the right
to establish all rules governing such use.
8. No sign of any kind shall be displayed
to the public view on any lot, except one
sign identifying the property owner. This
sign may include names and addresses but
may not include a logo, unless approved by
the Developer. Nothing in this paragraph
shall be construed to prevent the Developer
from erecting an entrance-displayed sign
or signs designed to designate areas within
the development including, but not limited
to street signs.
9. No animals, livestock or poultry of any
kind shall be kept, raised or bred on the
property, except that dogs, cats or other
common household pets and horses may be kept
so long as the owner of such animals do not
keep, breed, or maintain such animals for
any commercial purposes. All such animals
must be kept in fenced areas to the rear
of the main residence and when out for exercise
should be kept on a leash and not allowed
to become a nuisance to other residents,
property owners or their guests.
Horse barns, not more than one and one-half
stories in height, consisting of not more
than four stalls, a tack room, a wash area
and hay storage will be permitted on tracts
larger than ten acres. If a property owner
has two or more contiguous tracts, these
can be merged into one tract for the purpose
of meeting this requirement. Said barn must
be no closer than one hundred feet to any
front, side or rear tract line of any other
tract owner and must be approved by the Architectural
Committee.
10. Fences may be constructed or replaced
only with the prior approval of the Architectural
Committee.
11.No noxious or offensive activity shall be
permitted on the property.
12. No tract shall be used as a dumping ground
for rubbish, trash, garbage, and all waste
shall be kept only in sanitary containers.
All equipment for the storage or disposal
of. refuse shall be kept in a clean and sanitary
condition.
13. No timber cutting will be permitted except
for the clearing of home sites or driveways
except where the area cleared is seeded,
or planted and maintained in such a manner
in keeping with the standards of the subdivision.
Clear cutting is not permitted.
14. Individual septic tanks and sewage systems
must be designed, built and maintained to
county and stale health department specifications.
It is acknowledged herein that there is no
present water supply maintained or supplied
by the Developer or any municipality and
the placement of septic systems or wells
upon any lot shall be the responsibility
of the tract owner.
15. All buildings shall be constructed with
high quality materials and workmanship to
insure that no dwelling will present an unsightly
appearance.
16. All fuel tanks and containers shall be
covered or buried underground consistent
with normal safety precautions and local
governed regulations.
17. With the exception of television satellite
dishes or antennas located to the rear of
the homes and reasonably out of sight and
Regular TV antennas on the roofs of houses.
No tower, TV or CB antennae or tower shall
be erected on the tract; provided, that the
Developer or the Homeowner Association may
if it deems it for the common good of the
subdivision, approve a certain receiving
and transmitting system to be erected at
one or more locations.
18. No residence shall exceed two and one-half
stories in height; exclusive of basements
and attics.
19.Utility and drainage easements affecting
all tracts in this subdivision are reserved
ten feet in width along interior tract lines
and over the rear ten feet of each tract.
Neither the Developer, nor any utility company
using the easements herein referred to shall
be liable for any damage done by them or
their assigns, agents, employees or servants
to shrubbery, trees or flowers or to the
property of the owner situated on the land
covered by said easement.
20. Developer has constructed roads on the
property and the centerline of the roads
will be the approximate front boundary line
of the property sold to the property owners;
the Developer does hereby reserve a 60 foot
road right of way for road purposes, said
right of way to be located 30 feet on each
side of the centerline of said road which
centerline is the approximate property line
of the property owner. Should the centerline
of the constructed roads vary slightly from
front boundary line of the property, the
right of way hereby reserved shall extend
into the property such distance as is indicated
on the recorded, subdivision plat delineating
the same. The Developer reserves said 60
foot right of way for ingress and regress
to the Developer's remaining properties,
and also reserves said right of way for properties
belonging to his predecessor in title, heirs,
successors and assigns and to the property
being developed, Developer shall have the
following rights in regard to said 60 foot
right of way;
a) Developer may maintain, but shall not
be required to maintain, the road and, in
his discretion may pave the same.
b) Developer will have the right to run any
and all utility lines, including, but not
limited to, electric, water, telephone, sewer,
gas and cable television.
c) Developer reserves the right to convey
said 60 foot right of way to the Department
of Transportation of the State of North Carolina
at any time so that said road may become
a public road and may be maintained by the
Department of Transportation or the State
of North Carolina.
d) The property owners agree that the Developer
shall be their agent and be empowered to
sign any and all documents to convey said
sixty foot right of way to the Department
of Transportation of the State of North Carolina
without the necessity of their signing any
legal documents to insure the transfer. The
property owners expressly waive any compensation
from the State of North Carolina for the
taking of the sixty-foot right of way.
e) Developer reserve the right to maintain
the banks, fills and drainage along the side
of said roads, including the right to cut
any shrubs or trees along the banks and fills
to maintain said roads.
f) The property owners are expressly advised
that until the Department of Transportation
of the State of North Carolina takes over
said roads, that these will be private roads
and must be maintained by the property owners
and the owners of the other tracts of land
in the development in compliance with N.C.G.S.
136-102(f).
21. No residence shall be less than 1,000
square feet of heated floor space, exclusive
of porches and garages.
22. No vehicles, which are not fully operational,
licensed, insured, and registered shall be
visibly parked on any tract. Any such vehicles,
which do not comply, may be maintained only
in a fully enclosed garage space.
23. No trail motorcycles, ATVs or other similar
recreational vehicles, may be operated anywhere
within Pinnacle Mountain.
24. No high visibility outdoor lighting may
be used on any lot in Pinnacle Mountain without
the express permission of the Architectural
Committee and/or the Developer.
C. ARCHITECTURAL COMMITTEE
1. The Architectural Committee shall consist of the Developer, and/or any persons appointed by the Developer, until 75 percent of the tracts are sold, then a committee of three members shall be appointed by the Homeowners Association.
2. No buildings or other structures (including fences) shall be constructed, erected, or placed on any numbered tract in the subdivision, nor shall any such building or structure be repaired, restored, or altered in any substantial way after it has been constructed, until the proposed building plans and specifications including designation of exterior colors or finishes and exact location of proposed building within the numbered tract, shall have been submitted to the Architectural Committee and approved by it in writing. The proposed plans and specifications must include a construction schedule, which calls for the completion of construction within one year after commencement. The Architectural Committee may base its disapproval on any reasonable ground, including purely aesthetic considerations.
4. Upon the death or resignation of any member of the Architectural Committee, the remaining members shall, within 30 days after such death or resignations select a replacement.
5. After 75 percent of the tracts have been sold, the Developer will relinquish his authority to the Board of Directors of the Homeowners Association of Pinnacle Mountain for the appointment of the members of the Architectural Committee. This may be accomplished by any process or through any organization approved or created by a majority of the owners of the tracts.
D. GENERAL PROVISIONS
1. These covenants, conditions and restrictions
shall run with and bind the property and
shall be enforceable by the developer and
by the owners of all or any portion of the
property until the fortieth anniversary of
the date of this declaration and thereafter
for successive 10 year periods unless, prior
to the expiration of the then current term,
a written instrument shall be executed by
the then owners of seventy-five percent (75%)
of the Lots which are then subject to the
Covenants and recorded with the Register
of Deeds of Rutherford County referred to
above, stating that the Covenants shall expire
at the end of the then current term. All
or any part of the rights and powers (including
discretionary powers and rights) reserved
by or conferred upon the developer by this
declaration may be assigned or transferred
by the developer to any successor developer
of all or any part of the Property, or to
any property owner's association or architectural
committee composed of residents of the Property.
Any such assignment or transfer shall be
evidenced by an appropriate instrument recorded
with the Register of Deeds of Rutherford
County referred to above, and upon recordation
thereof the grantee or grantees of such rights
and powers shall thereafter have the right
to exercise and perform all of the rights
and powers reserved by or conferred upon
the Developer by this declaration.
5. Each conveyance of a Lot, or of any interest
in the Lot, by the Developer, shall be deemed
to be subject to this Declaration whether
or not the deed conveying the Lot shall so
state.
IN WITNESS WHEREOF, I have hereunto set my
hand and seal, this 2nd day of May 1997.
STATE OF NORTH CAROLINA
COUNTY OF POLK
I, Barbara H. Lockhart, a Notary Public of
the County and
State aforesaid, certify that J.R. White
& B.F. White, a North Carolina General
Partnership, Developer, by and through J.R.
White, General Partner, personally appeared
before me this day and acknowledged the execution
of the foregoing instrument.
Witness my hand and official stamp or seal,
this 2nd day of May 1997