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:
