Taberna Homeowners Association Covenants Part II

View Taberna Homeowners Association Covenants Part I

STATE OF NORTH CAROLINA COUNTY OF CRAVEN

AMENDMENT TO PROTECTIVE COVENANTS TABERNA. PHASE V - FIRST ADDITION

THIS AMENDMENT TO PROTECTIVE COVENANTS, TABERNA, is dated for purposes of reference only this ______ day of _____ _____ , 2003, and is submitted for recordation by Weyerhaeuser Real Estate Development Company, a corporation qualified to do business in the State of North Carolina (hereinafter "Declarant") .

RECITALS :

Weyerhaeuser Real Estate Company ("WRECO") prepared a master development plan for a predominantly residential community named Taberna, located in Craven County, City of New Bern, North Carolina. The development plan for Taberna is set out in the Protective Covenants for Taberna recorded in Book 1488, Pages 565 -599, Craven County Registry ("Master Covenants") . Certain properties particularly described in the Master Covenants were subjected to its provisions upon its recordation. WRECO reserved the right, in Paragraph 2 of the Master Covenants, to subject described additional properties to the terms and conditions of the Master Covenants. WRECO further reserved the right to impose new or different development guidelines and restrictions on the additional properties made subject to the Master Covenants. WRECO, by written and recorded instrument, assigned its rights under the Master Covenants to Weyerhaeuser Real Estate Development Company ("Declarant") . The purpose of this Amendment to Protective Covenants ("Amendment") is to subject additional properties more fully described hereinafter to the terms and conditions of the Master Covenants, and to specify particular restrictions and easements applicable to the properties hereby annexed.

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
Said plat shall herein be referred to as the "Plat." All of the terms and provisions of the Master Covenants shall be fully binding and applicable to the property so described, except as specifically modified herein. The Lots shown on the Plat shall be referred to herein as "Phase V - First Addition Lots."

Declarant further subjects all property denoted "Association Property" and "Association Property Green, " if any, on the Plat to the terms and provisions of the Master Covenants, and agrees to convey and utilize said properties as more fully set out in the Master Covenants, with no residential or commercial construction to be allowed thereon.

2. DUES. Annual dues payable to the Association (prorated as appropriate) shall be due and payable upon each Phase V -First Addition Lot upon the earlier to occur of the following:

A. The first day of the month following the date of transfer of title to any Phase V - First Addition Lot by Declarant to a third party; or

B. January 1, 2004.

3. ASSOCIATION RESPONSIBILITIES . The Association shall be responsible for owning and maintaining all properties designated as "Association Property" or "Association Property Green" on the Plat. The Association shall have the right to establish maintenance standards for such properties, and to maintain such properties in accordance with such standards.

4. BUILDING RESTRICTIONS. All restrictions contained in the Master Covenants, including suggested setbacks (with exception of those contained in paragraph 21) shall be fully applicable to Phase V - First Addition Lots, except as specifically modified hereby. Additional building restrictions are as shown on the Plat.

The minimum square footage of heated enclosed living space for each approved Living Unit constructed on each of the Lots shown on the Plat shall be 2,000 square feet, for single story construction, and 2,400 square feet, with 1,800 square feet on the^ first living floor, for two living floor construction; on Lots 347~1 through 367 (Golf Course Lots) the minimum heated square footage I shall be 2200 square feet for single story construction, and 2600J square feet for two living floor construction.

5. IMPERVIOUS SURFACE LIMITATIONS. The maximum impervious surface allowed on each Lot is as shown on Exhibit A attached hereto.

The maximum impervious surface allowed is inclusive of that portion of the right-of-way between the front Lot line and the edge of the pavement. Impervious surfaces include structures, pavement, walkways of brick, stone and slate, but do not include wood decking.

Filling in or piping of any vegetative conveyances (ditches, swells, etc.) within Taberna shall not be allowed except for average driveway crossings.

Impervious surfaces are more fully defined by the Department of Environmental Management, which definitions are hereby incorporated by reference, but impervious surfaces include, without limitation, areas covered or altered so as to significantly restrict the percolation of stormwater into the soil thereunder. As set out in the Master Covenants, the State of North Carolina has specific authority to enforce this restriction by legal or equitable means, and no substantive amendment of this provision shall be allowed without approval of the State of North Carolina.

6. DEFINITIONS. All definitions contained in the Master Covenants are hereby incorporated within this Amendment by reference.

7. SURVIVAL. Except as specifically amended by this Amendment, all provisions of the Master Covenants, to the extent not limited therein to particular designated Lots, and as the same may be amended from time to time, shall be fully applicable to all Phase V Lots, and the terms and conditions of the Master Covenants
shall remain in full force and effect as to all lots encumbered hereby and thereby.

IN WITNESS WHEREOF, the undersigned have executed this instrument under authority duly given asr of the day and year first above written.
WEYERHAEUSER REAL ESTATE DEVELOPMENT
ESTATE OF NORTH CAROLINA COUNTY OF CRAVEN
I ________________, a Notary Public of the County and State aforesaid, certify that ________________personally came before me this day and acknowledged that Assistant Secretary of Weyerhaeuser Real Estate Development Company, a corporation of the State of Washington, qualified to do business in North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice President, sealed with its corporate seal and attested by its Assistant Secretary.

of
Witness my hand and official stamp or seal, this_______ day, of_______ 2003.
My Commission Expires:

Attachment II

TABERNA MASTER HOMEOWNERS ASSOCIATION

Standards for Home Additions, Conversions and Outbuildings

The Taberna Homeowners Association has adopted these standards specific to home exterior changes and outbuildings. The Standards are intended to clarify information contained in the Covenants and the Taberna Building, Architectural and Appearance Guidelines. The Standards apply to additions to homes, construction of new free standing structures where permitted by the Covenants and alterations to currently existing structures where the external appearance of the home is changed.

All exterior changes to homes in the form of additions or conversions and the addition of outbuildings to lots shall be reviewed and approved by the Taberna Architectural Control Committee. Homeowners intending to change approved exterior colors or materials, or to make additions or conversions affecting the exterior of a home, or to add an outbuilding on a lot are required to seek approval first by completing an Architectural Change Request Form. Outbuildings such as detached garages, storage sheds, gazebos, etc. are not permitted on golf course or lake front lots.

Definitions:

Structure- Any element of construction that by reason of its size, use and/or placement on the property would materially alter the appearance of the property and its compatibility with the neighborhood. This definition applies to structures manufactured at another location or built on the site. Structures include outbuildings not directly attached to the home such as a storage buildings, workshops, garages, and gazebos.
Addition- Any change that extends the foundation, exterior walls or roof line of a home such as the addition of a room, porch, garage or deck, or the addition or modification of dormers, doors or windows. Conversion- Any change to an existing structure that affects the external appearance of the home such as converting a screened porch to an enclosed room.

Standards:

Architecture- The architecture of the proposed structure, addition or conversion must be in harmony with the general architecture of the home. Roof lines and roof pitch shall be at or close to those of the house. Flat roofs are not permitted.
Site Plan- A plot plan annotated to show the location of the proposed structure, addition or conversion shall be submitted as part of the Architectural Change Request. Drawings and other information that would aid in the review shall also accompany the request. The location of a proposed structure or addition shall consider the drainage, topography, trees and impact on neighboring properties. An outbuilding will be permitted when it does not adversely affect the attractiveness of the community. Outbuildings will be placed to minimize visibility from the street and be sited within the rearward extended sidelines of the home. As part of the review process, the location of the proposed structure or addition shall be staked and trees to be removed marked. Easements and setbacks must adhere to provisions set forth in the covenants. Foundations- All additions must be constructed with foundations that maintain the elevation of the home and have brick facing to match the home. Outbuildings must be constructed so that underpinnings are enclosed with a brick surround or other suitable materials compatible with the home. Materials- Brick, siding, roofing, trim, soffits, windows, doors, and other exterior materials shall be an extension of the same materials, design, type and color as the home. Information as to materials to be used for the proposed structure, addition or conversion shall be specified on the Architectural Change Request Form. Substitute materials, if necessary must match as close as possible to the original materials used on the home. Additions and outbuildings must use the same percentage of materials as used on the home i.e. exteriors must be predominantly brick if the home is predominantly brick; or predominantly vinyl if the siding on the home is predominantly vinyl.
3/03/03 Rev. 10/1/03

Attachment III

TABERNA MASTER HOMEOWNERS ASSOCIATION Standards for Ground Level Patios and Patio Enclosures

• The purpose of this document is to provide clarification of guidelines for patios, terraces and decks. These guidelines apply to patios, terraces and decks on both golf course and non-golf course lots.

• Ground level patios are solid surface areas at the rear of the home made of concrete, brick, flagstones or other similar materials. Patio sizes may vary at the homeowner's discretion but must be within the extended sidelines of the home and not exceed the impervious surface limitations of the lot.

• A patio enclosure generally offers a means to enhance the appearance of the patio and serves as a landscaping feature to the back yard. A patio may not be enclosed with a fence. So as to differentiate patio enclosures from fences, enclosures should have an open portion providing unobstructed entry and egress to the patio. Enclosures should be no more than "seating wall" in height—approximately 24 to 30 inches and limited to the dimensions of the patio. Enclosures should be either brick, matching the brick of the home; or wood, natural in color or painted to match the trim of the home. Plant materials may be used in lieu of brick and wood to form an enclosure.

• Terraces and decks, for the purpose of these guidelines are raised solid or wood surfaces usually 30 inches above ground or equal to the level of the first floor of homes having crawl spaces. City of New Bern ordinances require an enclosure or railing be placed on surfaces 30 inches or more above ground level. Terrace and deck sizes may vary at the homeowner's discretion but must be at the rear of the home within the extended sidelines of the home and, if solid, not exceed the impervious surface limitations of the lot. The area from ground level to terrace or deck level shall be screened.

A patio, terrace or deck will only be approved if it is aesthetically pleasing, does not detract from the reasonable value of any lot or property and does not impede the view of a water course or other attractive feature from any other property.
10/20/03

Attachment IV

TABERNA MASTER HOMEOWNERS ASSOCIATION

Standards for Signs Taberna residents, builders, contractors and realtors are required to abide by the following standards.
• All permitted signs shall be constructed of materials, styles, colors and sizes as approved by the HO A. The Covenants allow for exceptions for the Taberna Golf Club, street or directional signs erected by Weyerhaeuser Real Estate Development Company (WREDCO) and governmental entities. Specifications are available for permitted signs.
• Only one (1) of the following signs shall be displayed, per lot, at any given time:
a) One (1) sign provided by WREDCO identifying the name of the owner of the lot.
b) One (1) sign specifying the general contractor actually constructing a home on the lot. Such sign must be removed upon issuance of a Certificate of Occupancy for the home.
c) One (1) sign identifying the lot as "For Sale" either by a selling agent or by the owner. Any hanger boxes with sales information must be attached to the post. Such sign must be removed within two (2) business days following completion of the real estate purchase of the lot or home.
d) Acceptable option: One (1) sign consisting of two conforming signs placed back-to-back on the same signpost.
• The above signs must be placed a minimum of 10 feet from the curb and centered to the front of the lot.
• Temporary signs announcing or giving directions to an open house, garage sale, reunion, party, etc., must be tastefully constructed and are not to exceed four square feet. Temporary signs may be erected on the evening prior to the event and must be removed no later than twenty-four (24) hours after the close of the event.
• Signs of a cautionary nature such as " Wet Concrete" may be displayed on a temporary basis and must be removed soon as practicable. An owner may place one (1) home security sign adjacent to the front of the home on a temporay or permanent basis.
10/20/03

Attachment V

TABERNA MASTER HOMEOWNERS ASSOCIATION Water Access Building Guidelines

Walkways, bulkheads and docks may be constructed to provide Taberna Homeowners access to and viewing of the waters of Brice's Creek and it's tributaries. Construction will be allowed only following issuance of all required regulatory permits. Permitted plans shall be submitted to the committee for approval as to materials, size and location so as to minimize visual impact to adjacent Living Units. Per the setback guidelines no elevated structure shall be constructed beyond the rear minimum building envelope setback line, that being 20% of the mean lot depth.

Regulatory Restrictions:

• Walkway structures constructed over 404 Jurisdictional Wetlands may not exceed six feet in width.
• Maximum dock surface area may not exceed 192 square feet.
• Structure may not extend over the water greater than 25% of the stream width.
These guidelines are consistent with the goals of CAMA and the USFS Scenic Waters Program. 10/20/03

Attachment VI

TABERNA MASTER HOMEOWNERS ASSOCIATION

Taberna Mailbox Policy

• Taberna has custom designed, and built, mail/paper boxes and post that are to be used exclusively in our community. This will be the only approved mail/paper receptacle in Taberna and must be purchased through the Taberna Homeowners Association. The assembly consists of a cast iron post with pineapple top cap, mailbox, paper box, and two sets of numbers.
• Builder's can either make payment when the assembly is picked up for installation, or the cost can simply be deducted from the $1,000 Compliance Deposit.
• Installation: The post should be embedded 12"-14" below grade, approximately 30" behind the curb near the driveway or other approved location. The cavity around the post should be filled with approximately 20 pounds of dry Sacrete mix and tamped firm. Numbers should be affixed to the paper box 61A" from the left and ll/i" from the base of the box.

ALL UTILITY SERVICES IN TABERNA ARE UNDERGROUND AND BEHIND THE CURB. TO AVOID DISRUPTION OF ELECTRICAL, TELEPHONE, OR CABLE TV SERVICE, STATE LAW REQUIRES THAT YOU CALL ULOCO (TOLL FREE) 1-800-632-4949 (Hours: 7 a.m. to 5 p.m., Monday through Friday) FORTY-EIGHT HOURS BEFORE DIGGING IN THE AREA.
REPRESENTATIVES OF TBE UnLITY COMPANIES WILL RESPOND TO THE ULOCO INQUIRY AND LOCATE THE UNDERGROUND CABLES ON THE PROPERTY.

WE URGE YOU TO COMPLY WITH THIS LAW TO PREVENT ANY DISRUPTION OF SERVICE OR PERSONAL INJURY.
10/20/03