DECLARATION OF COVENANTS, CONDITIONS AND

-.(,
07181 PG:
0794-/084-9
t : 0326
116.00
A GIBSON REG OF DEEDS HECK NC
FILED FOR REGISTRATION 01/28/93 13:26
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR
PARCEL 12
OLD COlJRSE AT PIPER GLEN
DRAWf·,i GY J\ND MAIL TO:
HORACK,
301 S.
CHARLOTTE. N. C.
& LOWDES, P. A.
STf-{i:':ET
INDEX
Page No.
Recitals
1
1.
Article I - Definitions
.
2
II.
Article II - Parcel 12 Property . . . . . . . . . . . . . . . . . .
5
1.
Parcel 12 Property Made
Subject to Declaration . . . . . . . . . . . . . . . . . . .
5
Merger or Consolidation
.
5
Article ill - Membership and Voting Rights in the
Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
1.
Membership . . . . . . . . . . . . . . . . . . . . . . . . .
5
2.
Classes of Voting Members
.
5
3.
Voting, Quorum and Notice Requirements
.
6
Article IV - Property Rights in the Common Area . . . . . .
7
1.
Members' Easements of Enjoyment
.
7
2.
Maintenance and Improvement of Maintenance Areas
7
Article V - Covenants for Assessments . . . . . . . . . . . . .
7
2.
ill.
IV.
V.
1.
Creation of the Lien and Obligation for
Assessments . . . . . . . . . . . . . . . . . . . . . . . . .
7
2.
Purpose of Assessments . . . . . . . . . . . . . . . . . .
7
3.
Basis and Amount of Annual Assessment . . . . . . .
8
.4.
Special Assessment . . . . . . . . . . .. . . . . .. . . .
9
1
VI.
VII.
5.
Commencement Date of Annual Assessment ...
6.
Due Date of Assessments; Payment to Master
Association
.
10
7.
Duties of the Board with Respect to Assessments
10
8.
Owner's Personal Obligation for Payment of
Assessments . . . . . . . . . . . . . . . . . . . . . .
10
9.
Assessment Lien and Foreclosure . . . .
11
10.
Subordination of the Lien to Mortgages
11.
Common Area Exempt ....
12
12.
Omission of Assessments . . .
12
9
.
12
Article VI - General Powers and Rights of the Board
of the Association. . . . . . . . . . . . . . . . . . . . . . . . . .
12
1.
Powers of the Board
12
2.
Liability Limitations
15
3.
ReseI1fe Funds
4.
Board Powers . . . . . . . . . . .
15
5.
Owner's Obligations to Repair.
15
6.
Master Association Authority .
16
.
15
Article VII - Insurance; Repair and Restoration
16
1.
Right to Purchase Insurance ...
16
2.
Insurance Proceeds . . . . . . . . .
17
3.
Insufficient Proceeds . . . . . . . . . . . . . . . . . . . .
17
11
17
VIII. Article VIII - Use of Lots - Protective Covenants
I.
Residential Purposes Only
17
2.
Obstructions, etc
18
3.
Restricted Actions by Owners
18
4.
Signs
5.
Nuisances
6.
Attachments
7.
Damage to the Common Area
8.
Rules of the Association
9.
Animals
10.
Waste
II.
Recreational Items
12.
Floor Areas, Stories
13.
Construction of Improvements
14.
Building Setback Lines
15.
New Construction
16.
Limitation of Trucks Parking and Other Vehicles
22
17.
No Temporary Structure
22
18.
No Drilling or Mining.
22
19.
Landscaping
22
20.
Water Systems
·
19
·
.·
.
·
·
.
· ·
· . .····
··· · ··· . ···. · ·
·.··
··
··
19
19
·
19
· · ··
19
· · · ·
··
·
..
.· .
20
·
··
21
·
·
22
·
·· ··
III
19
·
19
. ·· · ··
.
18
18
·
·
..
.
·
.-" .•
··
..
23
-------,. - ,..... ,.,.,
21.
Sewer Systems
23
22.
Garages............................
23
23.
Fences and Walls. . . . . . . . . . . . . . . . . . . . . .
23
24.
Sight Line Limitations . . . . . . . . . . . . . . . . . . .
23
25.
Antennae...........................
24
26.
Gas Meters
24
27.
Air Conditioning Equipment . . . . . . . . . . . . . . .
24
28.
Mail Boxes
24
29.
UtilItieS............................
24
30.
No Clothes Lines . . . . . . . . . . . . . . . . . . . . . .
25
31.
Diligent Construction
25
32.
Sediment Control . . . . . . . . . . . . . . . . . . . . . .
25
33.
Swimming Pools; Tennis Courts
25
34.
Lake Lots
26
35.
No Subdivision of Lots
26
36.
No Septic Tanks
26
37.
Lawn Mowers. . . . . . . . . . . . . . . . . . . . . . . .
26
38.
Hoses and Pipes
27
39.
Play Equipment . . . . . . . . . . . . . . . . . . . . . . .
27
40.
Vegetable Garden
27
41.
Lawn Furniture
. . . . . . . . . . . . . . . . . ., , . .
IV
27
IX.
42.
Window Coverings . . . . . . . . . . . . . . . . . . . . .
27
43.
Golf Course . . . . . . . . . . . . . . . . . . . . . . . . .
27
44.
Location of Improvements
27
45.
Governmental Requirements . . . . . . . . . . . . . . .
32
Article IV - Architectural Control
1. General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32
2. Composition.......... . . . . . . . . . . . . . . . . .
32
3. Procedure
33
4. Junsdlction
36
5. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . .
36
6. Definition of Improvement . . . . . . . . . . . . . . . . . .
36
7. Failure of the Parcel 12 Old Course at Piper
Glen Architectural Control Committee to Act. . . . . . .
37
8. Limitation of Liability. . . . . . . . . . . . . . . . . . . . .
37
9. Design Guidelines
38
10. Variances
38
11. Review Fee and Address. . . . . . .. . . . . . . . . . . .
38
12. No Liability for Design Defects
39
13. Miscellaneous
39
14. Master Architectural Control Committee
39
v
X.
XI.
XII.
Article X - Easements and Rights-of-Way .
40
1. Easements and Rights-of-Way Reserved
by Declarant . . . . . . . . . . . . . . . . .
40
2. Easement Reserved for the Master Association,
Association and Declarant . . . . . . . . . . . . . . . .
41
Article XI - Maintenance
42
1. Duty of Maintenance
42
2. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . .
43
Article XII - Miscellaneous Provisions . . . . . . . . . . . . .
44
1. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
2. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
3. Enforcement. . . . . . . . . . . . . . . . . . . . . . . . . . .
45
4. Severability of Provisions
45
5. Notice
45
6. Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
7. Changes to Master Plan for Project
46
8. No Exemption
46
Exhibits
A.
Parcel 12 Property
B.
Entire Property
C.
Additional Parcel 12 Property
Vl
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR PARCEL 12
OLD COURSE AT PIPER GLEN
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
THIS DECLARATION OF COVENANTS, CONDmONS AND RESTRICTIONS
FOR Parcel 12 Old Course at Piper Glen (the Declaration), is made this 2.7 'aay of
January, 1993, by QUEEN INVESTMENTS LIMITED PARTNERSHIP, a South
Carolina limited partnership ("Declarant").
WIT N E SSE T H:
WHEREAS, Declarant is the developer of certain property located in Mecklenburg
County, North Carolina, as more particularly described on Exhibit A attached hereto and
made a part hereof for all purposes (the "Parcel 12 Property"); provided, however, that
any of the Additional Parcel 12 Property (as defined herein) that Declarant subsequently
annexes and brings within the coverage and operation of this Declaration, pursuant to
Article II, Section 2 hereof, shall be included in the definition of the Parcel 12 Property;
and
WHEREAS, Declarant has acquired the Parcel 12 Property from Piper Glen Limited
Partnership, a North Carolina limited partnership ("Piper Glen") pursuant to that certain
special warranty deed recorded in Book 6901, Page 73 Mecklenburg County Public
Registry; and
WHEREAS, the Parcel 12 Property comprises a portion of a mixed use development
now known as Piper Glen, which property is more particularly described in Exhibit B
attached hereto (the "Entire Property").
WHEREAS, Piper Glen is developing the Entire Property, in phases as a residential
(both single family and multi-family) and commercial (retail and office) mixed use
development; and
WHEREAS, Piper Glen has heretofore imposed certain covenants, conditions and
restrictions on the Entire Property pursuant to that certain Master Declaration of
Covenants, Conditions and Restrictions for Piper Glen, dated November 18th, 1988,
recorded in Book 5920, Page 425 in the Mecklenburg County Public Registry, and as
amended by (a) that certain Supplemental Declaration to Master Declaration of
I
Covenants, Conditions, and Restrictions for Piper Glen recorded in Book 5928, Page 769
in the Mecklenburg County Public Registry, and by (b) that certain Second Supplemental
Declaration of Covenants, Conditions and Restrictions for Piper Glen recorded in Book
6427, Page 251 of the Mecklenburg County Public Registry (collectively the "Master
Declaration") which Master Declaration insofar as it relates to the Parcel 12 Property,
is supplemented hereby, it being understood that such Master Declaration does apply to,
bind and encumber the Parcel 12 Property.
NOW, THEREFORE, Declarant, hereby subjects the Parcel 12 Property to the
easements, covenants, conditions and restrictions hereinafter stated and hereby declares
that all of the Parcel 12 Property shall be held, sold and conveyed subject to the
easements, covenants, conditions and restrictions as hereinafter stated, all of which are
for the purpose of enhancing and protecting the value, desirability and attractiveness of
the Project. The easements, covenants, conditions and restrictions herein contained shall
run with the Parcel 12 Property and all parts thereof and shall be binding on all parties
having or acquiring any right, title or interest in the Parcel 12 Property or any part
thereof or interest therein and shall inure to the benefit of each owner of the Parcel 12
Property or any part thereof or interest therein and shall be in addition and supplementary
to the Master Declaration.
ARTICLE I
DEFINITIONS
Section 1. The following words when used in this Declaration or any
Supplemental Declaration, as hereinafter defined, or amendment hereto (unless the
context shall otherwise require) shall have the following meanings:
(a)
"Additional Parcel 12 Property" shall mean and refer to those certain
tracts of real property which are adjacent to or otherwise in close proximity with
the Parcel 12 Property, and which Declarant may, at its option, bring within the
coverage and operation of the Declaration, which adjacent tracts are more
particularly shown on Exhibit C attached hereto.
(b)
"Association" shall mean and refer to the Parcel 12 Old Course at
Piper Glen Association, Inc., a North Carolina non-profit corporation which will
be incorporated.
(c)
"Board" shall mean and refer to the Board of Directors of the
Association.
(d)
"Bylaws" shall mean and refer to the Bylaws of the Association as
they may now or hereafter exist.
2
(e)
"Common Area" shall mean and refer singularly or collectively, as
applicable, to all land, improvements and other properties which are now or
hereafter owned by or in the possession of the Master Association and being
specifically designated as "Master Association Common Area" in the Master
Declaration.
"Declarant" shall mean and refer to Queen Investments Limited
Partnership a South Carolina limited partnership, its successors and assigns (in
whole or in part);
(f)
"Declaration" shall mean and refer to this Declaration of Covenants,
Conditions and Restrictions for Parcel 12 Old Course at Piper Glen as it may be
amended and supplemented (by Supplemental Declarations) from time to time as
herein provided.
(g)
"Golf Course" shall have the same mearung as contained in the
Master Declaration.
(h)
(i)
"Landscape Easements" as used herein shall mean the easement for
installation, maintenance, repair and removal of landscaping amenities, including
signage and sitework as are shown on the Parcel 12 Plats (and which are further
described in Article X, Section I below) and shall include the street medians,
shoulder, and boulevard areas of the public streets which abut the Landscape
Easements.
G)
"Lot" shall mean and refer to any numbered or lettered plot of land
as is shown on the Parcel 12 Plats, which Lot is a part of the Parcel 12 Property
and which is thereby subject to this Declaration.
(k)
"Master Architectural Control Committee" shall mean the committee
designated by the Master Association to review the plans and specifications for
proposed Improvements and which is further defined in Article IX, Section 14 of
this Declaration.
(I)
"Master Association" shall mean and refer to the Master Association
as defined and described in the Master Declaration.
(m) "Master Declaration" shall have the meaning set forth in the recitals
to this Declaration.
(n)
"Member" shall mean and refer to each Owner of a Lot who shall
be a member of the Association as provided in Article III hereof.
3
(0)
"Parcel 12 Old Course at Piper Glen Architectural Control
. Committee" shall mean the committee designated by the Board to review the plans
and specifications for proposed Improvements as set forth in Article I
(P)
"Parcel 12 Maintenance Areas" shall mean and include (a) Landscape
Easements (as defined above), and (b) Utility Easements, Irrigation Easements and
Drainage Easements (as defined in Article X) within the Parcel 12 Property that
are granted under the terms of this Declaration and may be maintained by the
Association in accordance with the provisions contained in Article X below.
(q)
"Parcel 12 Plats" shall mean and refer to the subdivision plats
covering the Parcel 12 Property, the first of which is entitled Old Course at Piper
Glen and is recorded in Plat Book
at Pages 298
in the Mecklenburg
County Public Registry.
(r)
"Parcel 12 Property" as used herein shall have the definitions set
forth in the recitals on page one (I) of this Declaration.
"Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of fee simple title to any Lot, but excluding those having
such interest merely as security for the performance of an obligation.
(s)
(t)
"Piper Glen Estate Plats" shall mean and refer to both (a) those
certain plats entitled "Final Subdivision Plat of Piper Glen - Phase One" , recorded
in Plat Book 22, Pages 761 through 766 of the Mecklenburg County Public
Registry, (b) "Final Subdivision Plat of Piper Glen-Phase IT," recorded in Plat
Book 23, Page 171 of the Mecklenburg County Public Registry and (c) those
certain Plats entitled "Plat of an Extension of Rea Road, Piper Glen Development
R/W Dedication" recorded in Plat Book 22, Pages 757 through 760 of the
Mecklenburg County Public Registry.
(u)
"Person" shall mean and refer to any individual, corporation,
partnership, association, trust or other legal entity.
(v)
"Project" shall mean and refer to the mixed-use development now
known as Piper Glen of which the Parcel 12 Property is a part. Piper Glen has
retained, and hereby retains, the right from time to time to change the name of the
Project (or portions thereof) from "Piper Glen" to another name or names selected
by Piper Glen by filing an amendment hereto in the Office of the Register of
Deeds of Mecklenburg County, North Carolina.
4
(w) "Utility Easements" shall mean and refer to both the General Utility
Easements across all of the Lots as well as Specific Utility Easements across
specified Lots as these terms are defined in Article X, Section 1.
ARTICLE II
Parcel 12 Property
Section 1. Parcel 12 Property Made Subject to Declaration. The Parcel 12
Property is hereby made subject to this Declaration and the Parcel 12 Property shall be
owned, held, leased, transferred, sold, mortgaged and/or conveyed by Declarant, the
Association and each Owner subject to this Declaration and the controls, covenants,
conditions, restrictions, easements, development guidelines, charges and liens set forth
in this Declaration.
Section 2. Merger or Consolidation. Upon any merger or consolidation of the
Association with any other "Association" as defined in the Master Declaration (the "Other
Association"), the properties, rights and obligations of the Association may be transferred .
to any surviving or consolidated Other Association or, alternatively, the properties, rights
and obligations of the Other Association may be added to the property, rights and
obligations of this Association as the surviving corporation pursuant to a merger. The
surviving or consolidated Association shall be considered an Association and shall
administer the terms and provisions of this Declaration (to the extent they relate to the
Phase(s) or section(s) of the Property over which such Other Association has jurisdiction)
and the applicable Declarations affecting the portions of the Property in the jurisdiction
of the Other Association, together with the covenants and restrictions established upon
any other properties, as one scheme. However, no such merger or consolidation shall
effectuate a revocation, change or addition to the terms and provisions of this Declaration
or any additional Declaration pertaining to the Property or any portion thereof except as
specifically provided in this Declaration.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
IN THE ASSOCIATION
Section 1. Membership. Upon recordation of the Parcel 12 Plats each and every
Owner of a Lot shall automatically become and be a Member of the Association.
Section 2. Classes of Voting Members. The Association shall have two classes
of voting membership:
Class A Members shall be all Members with the exception of
Class A.
Declarant (except as provided below in regard to the conversion of Declarant's
5
Class B Membership to Class A Membership). Class A Members shall be entitled
to one (I) vote for each Lot owned by such Class A Members at the time notice
is given of the vote or of a meeting at which the particular vote is to be cast (or
as determined pursuant to the Association's Bylaws). When two (2) or more
persons or entities hold undivided interests in any Lot, all such persons or entities
shall be Class A Members, and the vote for such Lot shall be exercised as they,
among themselves, determine, but in no event with respect to each Lot in which
such Members own undivided interests shall more than one (I) vote be cast for
such Lot.
Class B.
The Class B Member shall be Declarant. The Class B Member
shall be entitled to six (6) votes for each Lot owned by the Class B Member at the
time notice is given of the particular vote or of a meeting at which the particular
vote is to be cast (or as determined by the Association's Bylaws).
Notwithstanding anything contained herein to the contrary, the Class B membership
shall cease and be converted to Class A membership on the earlier of (a) December 31,
2010 or (b) the date of which the total number of votes associated with the Class A
Members equals the total number of votes associated with the Class B Member(s) or (c)
the date upon which Declarant may elect in its sole discretion, to convert the Class B
Membership to Class A Membership (which election may be made, if at all, upon
Declarant, giving written notice thereof to the Association Board), which date shall
hereinafter be referred to as the "Vote Conversation Date".
Section 3. Voting. Quorum and Notice Requirements. Except as may be
otherwise specifically set forth in this Declaration or in the Articles of Incorporation of
the Association or in the Bylaws, the vote of the majority of the aggregate votes entitled
to be cast by all classes of the Members present, or represented by legitimate proxy, at
a legally constituted meeting at which quorum is present, shall be the act of the Members
meeting. The number of votes present at a meeting that will constitute a quorum shall be
as set forth in the Bylaws, as amended from time to time. Notice requirements for all
action to be taken by the Members of the Association shall be as set forth herein or in
its Bylaws, as the same may be amended from time to time.
A person's or entity's membership in the Association shall terminate automatically
whenever such person or entity ceases to be an Owner, but such termination shall not
release or relieve any such person or entity from any liability or obligation incurred under
or in any way connected with the Association or this Declaration during the period of
such ownership, or impair any rights or remedies which the Association or any other
Owner has with regard to such former Owner.
6
,",
-!
ARTICLE IV
PROPERTY RIGHTS IN THE COMMON AREA
Members' Easements of Environment. Subject to provlslOns of
Section 1.
Article V of the Master Declaration, every Member and each individual who resides with
such Member shall have a right and easement of use and enjoyment in and to the
Common Area and such easement shall be appurtenant to and shall pass with the title to
every Lot; PROVIDED, HOWEVER, such easement shall not give such person the right
to make alterations, additions or improvements to any part of the Common Area.
Section 2.
Maintenance and Improvement of Maintenance Areas. The
Association shall have exclusive control and authority over the use, maintenance and.
improvements associated with the Parcel 12 Maintenance Area, subject to certain controls
exercised by the Master Association as set forth in Article VI, Section 6 below.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Creation of the Lien and Obligation for Assessments. Declarant, for
Section I.
each Lot owned by it, hereby covenants and agrees, and each Owner of any Lot by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed
or other conveyance, shall be deemed to covenant and agree (and such covenant shall be
deemed to constitute a portion of the purchase money and consideration for acquisition
of the Lot), to pay to the Association (or to an independent entity or agency which may
be designated by the Association to receive such monies): (i) regular annual assessments
or charges; (ii) special assessments for capital improvements or unusual or emergency
matters, such assessments to be fixed, established and collected from time to time as
hereinafter provided; and (iii) special individual assessments levied against an individual
Owner to reimburse the Association and/or the Master Association for extra costs for
maintenance and/or repairs caused by the failure of such Owner to maintain its individual
Lot and Improvements, as hereinafter defined. Such assessments are to be fixed,
established and collected from time to time as hereinafter provided. The regular, special
and special individual assessments, together with such interest thereon and costs of
collection thereof as are hereinafter provided, shall be a charge on the land and shall be
a continuing lien upon each Lot against which each such assessment is made and shall
also be the continuing obligation of the then-existing Owner of such Lot at the time when
the assessment became due.
Section 2.
Purpose of Assessments. The assessments levied by the Association
shall include the assessments due from the Association to the Master Association as set
forth in the Master Declaration; and also assessments for the Association's activities in .
enforcing and carrying out the terms and provisions hereof and of any Supplemental
7
Declaration and promoting the enjoyment and welfare of the Owners of Lots, and in
particular, but without limitation, for the (i) development and maintenance of the Parcel
12 Maintenance Areas (which may include the maintenance of the roadway entrance
island), (ii) payment of premiums for hazard insurance in connection with the Parcel 12
Maintenance Areas, and any improvements or facilities thereon and public liability and
other insurance of the Association and the payment of all taxes associated therewith; (iii)
paying the costs oflabor, equipment (including the expense ofleasing any equipment) and
material required for, and management and supervision of, the Parcel 12 Maintenance
Areas; (iv) carrying out the duties of the Board; (v) paying the assessments (both regular
annual and special) due to the Master Association as described in the Master Declaration;
and (vii) carrying out the purposes of the Association as stated in its Articles of
Incorporation, Bylaws and as stated herein.
Section 3.
Basis and Amount of Annual Assessment.
(a)
On or before December 1 of each year during the term hereof, the
Board shall set the amount of the annual assessment for the ensuing year for each
Lot, taking into consideration, among other things, the then current development,
repair, replacement and/or maintenance costs, estimated increases in development
and/or maintenance costs, and the future needs of the Association. Included in this
annual assessment amount shall be the annual assessment payable to the Master
Association, as determined by the Master Association Board pursuant to the terms
of the Master Declaration.
(b)
The amount of the annual assessment for each Lot as set by the
Board shall be determined by dividing (i) the amount of costs and expenses to be
incurred by the Association for the year in question, as such amount is reasonably
estimated by the Board (and which estimated amount may include a reasonable
contingency fund), together with the amount of the annual assessment imposed by
the Master Association Board, by (ii) the number of Lots then subject to the
jurisdiction of the Association.
(c)
The Association shall be solely responsible for paying the costs and
expenses associated with maintaining and improving the Parcel 12 Maintenance
Areas. It is intended that upon the installation of the initial improvements in the
Parcel 12 Maintenance Areas, the subsequent maintenance costs associated with
the Maintenance Areas shall be incurred only by contractors engaged by the
Association . It is contemplated that until such time as the Class B Membership
shall cease and be converted to Class A Membership, any costs and expenses
associated with the initial construction and installation (the "Initial Costs") of any
improvements located on the foregoing Landscape Ease'ments shall be: incurred by
the Declarant, and that the Association shall incur Initial Costs only after such
8
.:
Initial Costs are approved by a vote of the maJonty of the votes of Class A
Members present, or represented by legitimate proxy, at a legally constituted
meeting of the Class A Members at which a quorum is present. In the event of
such approval of the Initial Costs (or in the event the Initial Costs are borne by
Declarant, where applicable), thereafter all costs and expenses associated with the
Parcel 12 Maintenance Areas shall be the responsibility of the Association.
Section 4.
Special Assessment.
(a)
In addition to the annual assessment authorized by Section 3 hereof,
the Board may levy in any assessment year or years a special assessment for the
purpose of defraying, in whole or in part, the cost of any construction or
reconstruction, unexpected repair or replacement of an Association-owned
improvement including the necessary fixtures and personal property related
thereto, or for carrying out other purposes and/or duties and obligations of the
Association as stated in its Articles of Incorporation or as stated herein. Special
Assessments shall be assessed against the Owners pursuant to this, Section 4, in
accordance with the allocation formula described in Section 3 above. Any special
assessment levied by the Association must be approved by the Members of the
Association in accordance with the provisions in Article III, Section 3.
The Master Association may also levy in any calendar year a special
assessment for the purpose of defraying, in whole or in part, the cost of any
maintenance, construction or reconstruction, unexpected repair or replacement of
a capital improvement upon the Common Area or Maintenance Areas, including
the necessary fixtures and personal property related thereto, or for carrying out
other purposes of the Master Association; as provided in the Master Declaration;
and further, the Master Association may levy a special individual assessment as
provided in Article III, Section 10, of the Master Declaration.
(b)
(c)
The Association Board may levy special assessments against
individual Owners for: (i) reimbursement to the Association for repairs to the
Parcel 12 Maintenance Areas or any improvements thereto occasioned by the
willful or negligent acts of such Owner(s) and not the result of ordinary wear and
rear or (ii) for payment of fines, penalties or other charges imposed against an
individual or separate Owner relative to this Declaration, the By-Laws of the
Association or any rules or regulations promulgated hereunder, including without
limitation, reimbursement to the Association for all expenses incurred in
connection with the enforcement of the provisions of Article XI.
Section 5.· Commencement Date of Annual.Assessment..The· first annual· ....
assessment provided for by the Association (exclusive of the Master Association's
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assessments) herein shall commence with the year in which the Parcel 12 Plats shall be
recorded with the Mecklenburg County Public Registry, and shall be set on or before the
date which occurs on the sixtieth (60th) day following the date hereof and annual
assessments shall continue thereafter from year to year.
Section 6.
Due Date of Assessments: Payment to Master Association.
(a)
Annual assessments shall be due and payable on a quarterly basis on
the fifteenth (15th) day of February, May, August and November of each year.
The first quarterly installment of the annual assessments shall become due and
payable on the date specified by the Board. The due date of any special
assessment under Section 4 hereof shall be fixed in the resolution authorizing such
assessment.
All annual assessments, and all special assessments levied by the
Master Association shall be immediately tendered by the Association to the Master
Association for use as described in the Master Declaration. All special assessment
amounts levied by the Association shall be deposited with, and held by the Board
of Directors in an account maintained by, the Association.
(b)
Section 7.
Duties of the Board with Respect to Assessments. In the event of the
establishment or revision in the amount or rate of the regular annual assessment, or
establishment of a special assessment, the Board shall fix the amount of the assessment
against each Lot and, in regard to special assessments, the applicable due date(s) for the
payment of such special assessment (which due date for a special assessment, except for
a special assessment levied against a defaulting Owner as provided in this Declaration,
shall be at least thirty (30) days after the date notice of such special assessment is given
to the Owners) and shall prepare a roster of the Lots and assessments applicable thereto
which shall be kept in the office of the Association and shall be open to inspection by any
Owner. Written notice of the assessment for a Lot shall be delivered or mailed to the
Owner of such Lot.
The Board shall, after receipt of a written request accompanied by payment of a
reasonable processing fee as established by the Board, furnish to any Owner liable for an
assessment a certificate in writing signed by an officer of the Association, setting forth
whether said assessment has been paid; provided, however, that no Owner shall be
entitled to receive more than one (1) certificate for each payment. Such certificate shall
be conclusive evidence of the payment for any assessment therein stated to have been
paid.
Section 8. Owner's Personal Obligation for Payment-ofAssessments. The anntr.lland special assessments provided for herein shall be the personal and individual debt of
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the Owner (as of the due date of the applicable assessment payment) of the Lot to which
such assessments relate. No Owner may exempt himself from liability for such
assessments by non-use of such Owner's Lot(s) or the Common Area or otherwise. In the
event of default in the payment of any such assessment, the defaulting Owner shall be
obligated to pay interest at the highest lawful interest rate per annum on the amount of
the assessment from the due date thereof until the date such assessment and interest is
paid, together with all costs and expenses of collection, including reasonable attorney's
fees.
Section 9.
Assessment Lien and Foreclosure. All sums assessed in the manner provided
in this Article but unpaid, shall, together with interest as provided in Section 8 hereof and
the cost of collection, including reasonable attorney's fees, become a continuing lien and
charge on the Lot owned by the defaulting Owner as of the assessment due date and
Improvements thereon covered by such assessment, which shall bind such Lot and
Improvements then in the hands of the Owner, and the defaulting Owner's heirs, devisee,
personal representatives, successors, and assigns. Except as provided in Section 10 below,
the aforesaid lien shall be superior to all other liens and charges against such Lot and
Improvements thereon. Further provided, that the Master Association Board, or the
Board, as applicable, shall have the power to subordinate the aforesaid assessment lien
to any other lien, and such power shall be entirely discretionary with the respective
Board. To evidence the aforesaid assessment lien, the Master Association or the Board
may prepare a written notice of assessment lien setting forth the amount of the unpaid
indebtedness, the name of the Owner of the Lot and Improvements thereon covered by
such lien and a description of the Lot. Such notice shall be signed by one of the officers
of the Association and shall be recorded in the Office of the Clerk of Superior Court of
Mecklenburg County, North Carolina. Such lien for payment of assessments shall attach
with the priority above set forth from the date that such payment becomes delinquent and
may be enforced by the foreclosure of the defaulting Owner's Lot and Improvements
thereon by the Master Association or the Association in like manner as a deed of trust
with power of sale on real property under Article 2A of Chapter 45 of the North Carolina
General Statutes subsequent to the recording of a notice of assessment lien as provided
above, or the Master Association or the Association may institute suit against the Owner
personally obligated to pay the assessments and/or for foreclosure of the aforesaid lien
judicially or may seek any other available remedy or relief. In any foreclosure
proceeding, whether judicial or non-judicial, the Owner shall be required to pay the costs,
expenses, and reasonable attorney's fees incurred. The Master Association or the
Association shall have the power to bid on the Owner's Lot and Improvements at
foreclosure or other legal sale and to acquire, hold, lease, mortgage, conveyor otherwise
deal with the same. As described in the Master Declaration, the Master Association (or
a designated representative thereof) may act as collection agent to enforce and collect
assessments levied hereunder and under the Master Declaration.
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II
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate and inferior to the lien of any mortgage or deed
of trust in favor of any bank, savings and loan association, insurance company or similar
financial institution for (i) the financing of the purchase money for such Lot but only if
such mortgage or deed of trust is a first lien, and (ii) the financing of construction of
Improvements upon such Lot or refinancing of Improvements now or hereafter placed
upon any Lot; provided, however, that such subordination shall apply only to the
assessments which have become due and payable prior to the foreclosure sale (whether
public or private) or other transfer of such Lot pursuant to the terms and conditions of
any such mortgage or deed of trust. Such sale shall not relieve any such new Owner
thereof from liability for the amount of any assessments thereafter becoming due nor from
the lien of any such subsequent assessment.
Section I I. Common Area Exempt. The Common Area and all portions of the
Parcel 12 Property owned by or otherwise dedicated to any political subdivision shall be
exempt from the assessments and lien created herein.
Section 12. Omission of Assessments. The omission of the Board, before the
expiration of any year, to fix the assessments hereunder for that or the next year, shall
not be deemed a waiver or modification in any respect of the provisions of this
Declaration, or a release of any Owner from the obligation to pay the assessments, or any
installment thereof for that or any subsequent year, but the assessment fixed for the
preceding year shall continue until the date at which a new assessment is fixed.
ARTICLE VI
GENERAL POWERS AND RIGHTS OF THE BOARD
OF THE ASSOCIAnON
Section 1. Powers of the Board. The Board, for the mutual benefit of the
Members of the Association, shall have the following specific powers and rights (without
limitation of other powers and duties such Board may have; provided however, that with
respect to the maintenance and improvement of the Parcel 12 Maintenance Areas, the
Board's authority is subject to the rules and regulations of the Master Association, as set
forth herein):
(a)
To improve, maintain or cause to be maintained the Parcel 12
Maintenance Areas, including, but not limited to, planting, mowing, pruning,
fertilizing, preservation and replacement of the landscaping and the upkeep and
maintenance of sidewalks and other improvements in the Maintenance Areas, and
the upkeep and. maintenance of sprinklers, sprinkler mains and laterals, sprinkler
heads, equipment, water pumps, wells, fences, walls, signs, lighting and planting
boxes located in the Parcel 12 Maintenance Areas;
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To enter into agreements with the appropriate governmental
authorities to enable the Association to improve and maintain the Parcel 12
Maintenance Areas or portions of any thereof;
(b)
(c)
To enter into agreements or contracts with insurance companies with
respect to insurance coverage relating to the Maintenance Areas and/or the
Association;
(d)
To enter into agreements or contracts with utility companies with
respect to utility installation, consumption and service matters relating to the Parcel
12 Maintenance Areas, the Utility Easements and/or the Association;
(e)
To borrow funds to pay costs of operation of the Association, which
borrowings may be secured by assignment or pledge of rights against delinquent
Owners or by liens on other Association assets, if the Board sees fit;
(f)
To enter into contracts, maintain one or more bank accounts, and,
generally, to have all the powers necessary or incidental to the operation and
management of the Association;
(g)
To sue or defend in any court of law on behalf of the Association and
to provide adequate reserves for repairs and replacements;
(h)
To make available to each Owner within sixty (60) days after the end
of each year an annual report and, upon resolution of the Board or the written
request of the Members holding at least three-fourth (3/4ths) of the eligible votes
of the Association at such time, to have such report audited (at the expense of the
Association) by an independent certified public accountant, which audited report
shall be made available to each Member within thirty (30) days after completion;
(i)
Pursuant to Article VII hereof, to adjust the amount, collect, and use
any insurance proceeds to repair damage or replace lost property; and if proceeds
are insufficient to repair damage or replace lost property, to assess the Owners in
proportionate amounts to cover the deficiency as permitted in Article V;
G)
To exercise for the Association all powers, duties and authority
vested in or delegated by this Declaration, the Master Declaration, the Bylaws, or
the Articles ofIncorporation of the Association to the Association and not reserved
to the Members or Declarant (or Queen Investments Limited Partnership, where
applicable) by other provisions of this Declaration, the Bylaws or the Articles of
Incorporation of the Association;
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(k)
To declare the office of a member of the Board to be vacant in the
event such member shall be absent, without the consent of the Board, from three
(3) consecutive regular meetings of the Board;
(I)
To employ a manager or firm to manage the affairs and property of
the Association, to employ independent contractors, or such other employees as
the Board may deem necessary, and to prescribe their duties and to set their
compensation;
(m)
To retain the services of legal and accounting firms;
To enforce the provisions of this Declaration and any rules made
(n)
hereunder and to enjoin and/or, in its discretion, seek damages or other relief from
any Owner for violation of such provisions or rules;
(0)
To contract with any third party or any Owner (including, without
limitation, Declarant) for performance, on behalf of the Association, of services
which the Association is otherwise required to perform pursuant to the terms
hereof, such contracts to be at competitive rates and otherwise upon such terms
and conditions and for such consideration as the Board may deem proper,
advisable and in the best interest of the Association;
(P)
To take any and all other actions and to enter into any and all other
agreements as may be necessary or proper for the fulfillment of its obligations
hereunder, for the operational protection of the Association or for the enforcement
of the controls, covenants, conditions, restrictions and development standards
contained herein;
(q)
To set the assessments, whether annual or special, described in this
Declaration; and
(r)
To take such action as is necessary to cause the Association to fully
and timely perform all of its obligations as a member of the Master Association.
Anything contained herein to the contrary notwithstanding, none of the
above-described rights and powers of the Association shall be obligatory on the part of
the Association, and the failure or refusal by the Association to implement any such rights
and powers shall not constitute a breach or default by the Board or Association under this
Declaration nor of any duties or obligations otherwise arising on behalf of, or claimed
to be owing to its Members.
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Section 2.
Liability Limitations. Neither Declarant, nor any Member nor the
Board nor any director on the Board (or anyone of them) nor the officers (if any) of
Declarant, or the Association nor any member of the Parcel 12 Old Course at Piper Glen
Architectural Control Committee shall be personally liable for. debts contracted for or
otherwise incurred by the Association or for a tort of another Member, whether or not
such other Member was acting on behalf of the Association or otherwise. Neither
Declarant, nor the Association, its directors, officers, agents or employees (including
members of the Architectural Control Committee) shall be liable for any incidental or
consequential damages for failure to inspect any premises, improvements or portions
thereof or for failure to repair or maintain the same. Declarant, the Association or any
other person, firm or association liable to make such repairs or maintenance shall not be
liable for any personal injury or other incidental or consequential damages occasioned by
any act or omission in the repair or maintenance of any premises, improvements or
portions thereof. The Association shall, to the extent permitted by applicable law,
indemnify and defend all members of the Board and all members of the Parcel 12 Old
Course at Piper Glen Architectural Control Committee from and against any and all loss,
cost, expense, damage, liability, action or cause of action arising from or relating to the
performance by the Board and such Parcel 12 Old Course at Piper Glen Architectural
Control Committee of their duties and obligations except for any such loss, cost, expense,
damage, liability, action or cause of action resulting from the gross negligence or willful
misconduct of the person(s) to be indemnified.
Section 3. Reserve Funds. The Board may establish reserve funds which may
be maintained and accounted for separately from other funds maintained for annual
operating expenses and may establish separate, irrevocable trust accounts in order to
better demonstrate that the amounts deposited therein are capital contributions and not net
income to the Association. The aggregate deposits in such reserve funds shall not exceed
an amount as may be reasonably determined by the Board to be necessary.
Section 4.
Board Powers. With respect to the performance of the obligations of
the Association hereunder, the Board shall have the right to contract for all goods,
services and insurance, and the exclusive right and obligation to perform the functions
of the Board, except as otherwise provided herein.
Section 5.
Owner's Obligations to Repair. Except for those Parcel 12
Maintenance Area portions, if any, of each Lot which the Master Association or
Association may elect to maintain or repair as permitted hereunder, each Owner shall,
at his sole cost and expense, maintain and repair his Lot and the improvements situated
thereon, keeping the same in good condition and repair and in compliance with the
covenants, conditions and restrictions and development standards herein contained. In the
event that any Owner shall fail to maintain and repair his Lot and/or such improvements'.· .
as required hereunder, the Master Association and Association, jointly and severally, in
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addition to all other remedies available to it hereunder or at law or in equity, and without
waiving any of such alternative remedies, shall have the right, through their respective
agents and employees, to enter upon said Lot and to repair, maintain, and restore the Lot
and the exterior of the buildings and any other improvements (including, without
limitation, all Improvements) erected thereon; and each Owner (by acceptance of a deed
for his Lot) hereby covenants and agrees to repay to the Master Association or
Association, as applicable the cost thereof immediately upon demand, and the failure of
any such Owner to pay the same shall carry with it the same consequences as the failure
to pay any assessment hereunder when due. The Master Association or the Association,
at the cost of the Owner of the affected Lot, may, if the Owner of such affected Lot fails
to promptly (and in any event, within sixty (60) days following the date of the casualty)
do so following the date of occurrence of the hereinafter described damage, cause any
and all improvements situated upon a Lot which are damaged or destroyed by fire or
other casualty to be repaired and/or removed so as not to present an unsightly appearance
and/or unsafe condition.
Section 6. Master Association Authority. The Master Association shall, from
time to time, promUlgate guidelines for the use and maintenance for all Maintenance
Areas subject to the Master Declaration, as well as the Parcel 12 Maintenance Areas. The
Association hereby stipulates and covenants that the Parcel 12 Maintenance Areas, shall
be used and maintained in accordance with these guidelines; further provided, that
nothing contained herein shall restrict the Association from promulgating, in its sole
discretion, more restrictive guidelines applicable to the Parcel 12 Maintenance Areas (so
long as these guidelines do not conflict with the Master Association guidelines).
ARTICLE VII
INSURANCE; REPAIR AND RESTORATION
Section I.
Right to Purchase Insurance. The Association shall have the right to
purchase, carry and maintain in force insurance covering all portions of the Parcel 12
Maintenance Areas (to the extent permitted by the Master Association) and any
improvements thereon or appurtenant thereto and any other Parcel 12 Property of the
Association, for the interest of the Association, the Board, its agents and employees,
Declarant and its officers and employees, and of all Members of the Association, in such
amounts and with such endorsements and coverage as the Board shall consider to be
good, sound insurance coverage for similar properties. Such insurance may include, but
need not be limited to:
(a)
Comprehensive public liability and property damage insurance on a
broad form basis, including coverage of personal liability (if any) of the Declarant
(and its officers, agents, employees and servants), the Association (and its officers,
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agents, employees and servants), the Board (and the individual members thereof),
the Owners and Members with respect to the Parcel 12 Maintenance Areas;
Fidelity bonds for all officers and employees of the Association
having control over the receipt or disbursement of Association funds; and
(b)
(c)
Worker's compensation insurance to the extent necessary to comply
with applicable laws.
Insurance Proceeds. Subject to any limitations imposed by any
Section 2.
applicable financing documents, the Association shall use the net proceeds of casualty
insurance recovered to repair and/or replace any damage or destruction of property, real
or personal, covered by such insurance. Any balance from the proceeds of casualty
insurance paid to the Association, as required in this Article, remaining after satisfactory
completion of repair and replacement, shall be retained by the Association as part of the
general reserve fund for repair and replacement of the Parcel 12 Maintenance Areas or,
if directed by the Master Association, immediately paid over to the Master Association.
Section 3. Insufficient Proceeds. If the insurance proceeds are insufficient to
repair or replace any loss or damage, the Board may levy a special assessment, as
provided for in Articles V and VI of this Declaration, to cover the deficiency.
ARTICLE VIII
USE OF LOTS - PROTECTIVE COVENANTS
The Parcel 12 Property (and each Lot situated therein), shall be occupied and/or
used as follows:
Section I.
Residential Purposes Only. Each Lot shall be used exclusively for
single-family, residential purposes, and garages and parking spaces shall be used
exclusively for the parking of passenger vehicles or light (i.e. non-commercial) vans or
pick-up trucks (as set forth in Section 16 below) therein or thereof; provided, however,
Declarant shall have the right to use up to two (2) Lots designated from time to time by
Declarant for the purpose of construction and operation of a sales and marketing center(s)
(and for related uses) for the Parcel 12 Property. No planes, trailers, boats, campers,
abandoned cars or trucks (exclusive of vans or light pick-up trucks) shall be parked or
housed in garages and parking spaces except as otherwise provided in Section II of this
Article. No trade or business of any kind shall be conducted upon a Lot or any part
thereof except by Declarant as described hereinabove. Except those to be utilized by
Declarant as described hereinabove, no strUcture shall be erected,- placed, altered, used .
or permitted to remain on any Lot other than one detached single-family private dwelling
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and one private garage for not more than four (4) vehicles. Each residence constructed
upon a Lot shall include a garage that is consistent with the overall architectural design
of the residence on the Lot in question as determined by the Parcel 12 Old Course at
Piper Glen Architectural Control Committee. No Lot and no Improvements may be used
for hotel or other transient residential purposes. Each lease relating to any Lot or any
Improvements thereon (or any part of either thereof) must be for a term of at least sixty
(60) days, be in writing, and must provide that the tenant is obligated to observe and
perform all of the terms and provisions hereof applicable to such Lot and/or
Improvements.
Section 2.
Obstructions. etc. There shall be no obstruction of the Parcel 12
Maintenance Areas, nor shall anything be kept or stored in the Parcel 12 Maintenance
Areas, nor shall anything be altered, or constructed or planted in, or removed from, the
Parcel 12 Maintenance Area, without the prior written consent of the Master Association.
Section 3.
Restricted Actions by Owners. No Owner shall permit anything to
be done or kept on his Lot or in the Parcel 12 Maintenance Area which will result in the
cancellation of or increase of cost of any insurance carried by the Association, or which
would be in violation of any law. No waste shall be committed in the Parcel 12
Maintenance Area. Each Owner shall comply with all laws, regulations, ordinances
(including, without limitation, applicable zoning ordinances) and other governmental rules
and restrictions in regard to such Owner's Lot(s).
Section 4.
Signs. No sign of any kind shall be displayed to the public view on
any Lot except no more than one (1) professional sign of not more than four (4) square
feet which is hereafter approved in writing by Declarant and which is for the purpose of
(i) advertising the Lot for sale or rent, (ii) advertising the building contractor constructing
improvements on the Lot during the initial construction and sales period, and (iii)
identifying the sales office and/or model home of a building contractor who owns the Lot;
however, the foregoing shall not act to restrict or prohibit Declarant from erecting and
maintaining signs and billboards advertising the Parcel 12 Property, or portions of either
thereof, or from the Master Association or Declarant from posting in the Maintenance
Areas (i) temporary signs relating to the Golf Course or (ii) permanent signs relating to
directions, and pedestrian and vehicular signage. Notwithstanding the foregoing, all signs
erected and maintained on any Lot must conform with all applicable governmental
requirements .
Section 5.
Nuisances. Nothing shall (i) be done in any part of the Parcel 12
Property, nor shall (ii) any noxious or offensive activity be carried on, nor shall (iii) any
outside lighting or loudspeakers or other soundcproducing devices be used, which, in the
judgment of the Board, may be or become an unreasonableailiioyance oTiiUisaiite t<Hhe·
other Owners.
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Section 6.
Attachments. No permanent attachments of any kind or
whatsoever (including, but not limited to, television, solar energy-related
radio antennas or satellite dishes) shall be made to the roof or exterior walls of any
residence on a Lot.
Section 7.
Damage to the Common Area. Each Owner shall be liable to the
Association, Master Association, and/or the Declarant for any damage to the Maintenance
Area and/or Utility Easement caused by the negligence or willful misconduct of the
Owner or his family, tenants, guests, agents, employees, or invitees, to the extent that
the damage shall not be covered by insurance.
Section 8.
Rules of the Association. All Owners and occupants of any Lot shall
abide by all rules and regulations adopted by the Association Board from time to time.
The Association Board shall have the power to enforce compliance with said rules and
regulations by all appropriate legal and equitable remedies, and an Owner determined by
judicial action to have violated said rules and regulations shall be liable to the Master
Association, Association and/or the Declarant for all damages and costs, including
attorneys' fees. The Association Board shall not have the power to impose restrictions,
rules or limitations on Declarant unless and until there shall have occurred the recordation
of the Parcel 12 Plats, in which case any such Board-approved regulations shall apply
equally to all Lots owned by Declarant.
Section 9.
Animals. No animals, livestock or poultry shall be raised, bred or
kept in any portion of the Parcel 12 Property except that dogs, cats or other household
pets may be kept, but not for any commercial purposes, provided that they do not create
a nuisance (in the judgment of the Board) such as, but without limitation, by noise, odor,
damage or destruction of Parcel 12 Property or refuse. No dog run may be constructed
or maintained on any Lot unless such dog run has been consented to in writing by the
Parcel 12 Old Course at Piper Glen Architectural Control Committee.
Section 10. Waste. No Lot shall be used or maintained as a dumping ground for
rubbish, trash or garbage. Waste of any nature shall not be kept on any part of the Parcel
12 Property except on a temporary basis.
Section 11. Recreational Items. No recreational vehicles or equipment, including
a motorboat, houseboat, motor home or other similar water-borne vehicle nor any
"camper" vehicle may be maintained, stored or kept on any portion of the Parcel 12
Property, except in enclosed garages or in areas specifically designated by the Board.
Section 12. Floor Areas, Stories. The total heated floor area of the main dwelling
. house on each Lot,' exclusive of porches, terraces, garages, basements; attics,--and
outbuildings, shall not contain less than the following:
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Type of Rome
1 1/2 or 2 story
1 story
Square Footage
3,000
2,500
Section 13. Construction of Improvements.
(a)
Notwithstanding the foregoing restrictions, the Parcel 12 Old Course
at Piper Glen Architectural Control Committee shall have the right, because of
restrictive topography, or lot dimensions or unusual site-related conditions, to
allow or require variances from such minimum total heated floor area restrictions
of up to fifteen percent (15 %) of such minimum areas by a specific written
vanance.
(b)
Notwithstanding anything contained within this Declaration to the
contrary, it shall be prohibited for any Owner to undertake (i) any construction of
any Improvement, which shall include, in addition to the actual erection of a
dwelling and its appurtenances, any staking, clearing, excavation, grading or other
site work, (ii) any landscaping, plantings or removal of plants, trees or shrubs, or
(iii) any modification, change or alteration of a Lot or dwelling thereof, whether
functional or decorative, unless and until the value, type and size thereof, materials
to be used in construction, exterior color scheme, exterior lighting plans,
specifications and details thereof, and lot plans, showing the proposed location of
the dwelling, garage, and drive-ways upon the lot and final lot grades and lot
landscaping plans, shall have been approved in writing by the Parcel 12 Old
Course at Piper Glen Architectural Control Committee (and the Master
Architectural Control Committee, where required as set forth in Article IX at
Section 14 below), and copies of said plans, specifications and details shall have
been lodged permanently with said Parcel 12 Old Course at Piper Glen
Architectural Control Committee. Generally, homes will be traditional in design
and substantially of brick, stucco or stone construction with roof lines consistent
with Design Guidelines (as hereinafter defined) as may be established by the Parcel
12 Old Course at Piper Glen Architectural Control Committee from time to time
and roofing materials of cedar shakes, slate or other shingles as approved by the
Parcel 12 Old Course at Piper Glen Architectural Control Committee. Considering
that there are and will continue to be innovations in building materials, upon
application, the Parcel 12 Old Course at Piper Glen Architectural Control
Committee may approve other materials coming on the market which in its sole
discretion provide similar high quality aesthetic appeal and long term value both
in utility and appearance. The Parcel 12 Old Course at Piper Glen Architectural
Control Committee may refuse approval of plans, location;-exteriori:olor or finishor specifications for any reason including purely aesthetic reasons, which in the
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sole discretion of the Parcel 12 Old Course at Piper Glen Architectural Control
Committee shall be deemed sufficient.
(c)
The Declarant expressly reserves unto the Parcel 12 Old Course at
Piper Glen Architectural Control Committee the sole and exclusive right to
approve grades and slopes on all Lots and to approve the grade at which any
dwelling shall hereafter be erected, or placed thereon so that the same shall
conform to a general plan, subject only to compliance with the regulations of
public authorities having control thereof.
(d)
The procedure to be followed by an Owner in obtaining approval
from the Parcel 12 Old Course at Piper Glen Architectural Control Committee
(and the Master Architectural Control Committee, where applicable) is the subject
of Article IX of this Declaration.
Section 14. Building Setback Lines. The main building on each Lot shall not be
located on any Lot nearer to the Lot boundary line than the building setback line specified
as follows or, if a greater setback is required thereby, as required by applicable zoning
laws and other governmental requirements:
(i)
of the Lot
Front Setback - 40 feet from the front Parcel 12 Property line
in question;
(ii)
Side Setback - 10 feet from side boundary lines except that for
corner lots the side setbacks for the street side of the Lot shall be 20 feet;
and
(iii) Rear Setback - 50 feet from rear boundary line except that for
Lots with a rear boundary line adjoining any part of the Golf Course or
adjoining or within any portion of any PGA Lake or a lake, the rear setback
line shall be the greater of 50 feet or the setback line established by the
Parcel 12 Old Course at Piper Glen Architectural Control Committee.
Notwithstanding the foregoing restrictions, the Parcel 12 Old Course at Piper Glen
Architectural Control Committee shall have the right, because of restrictive topography,
or lot dimensions or unusual site related conditions, to allow or require variances from
such setbacks of up to ten percent (10%) of the marginal requirements of such building
line restrictions by a specific written and recordable amendment to the Declaration.
Further, in the event of an unintentional violation of such building line restrictions, the
Declaration reserves the right by and with the mutual consent of the owner at such time
of the Lot or Lots directly affected thereby, to change such building line restrictions
and recordable amendment to the Declaration; provided,
accordingly by a specific
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however, any such change shall not exceed ten percent (10 %) of the
requirements of such building line restrictions.
marginal
Section 15. New Construction. Construction of new buildings only shall be
permitted on Lots, it being the intent of this covenant to prohibit the moving of any
existing building onto a Lot and remodeling or converting same into a dwelling house.
Sectionl6. Limitation of Truck Parking and Other Vehicles. Trucks with tonnage
in excess of three-fourths (3/4th) ton shall not be permitted to park overnight on the
streets, driveways or otherwise within the Parcel 12 Property. No vehicle of any size
which transports inflammatory or explosive cargo may be kept in the Parcel 12 Property
at any time. No vehicles that are not in a condition to be normally operated may be stored
or situated on any Lot for more than thirty (30) days unless stored in an enclosed garage.
The Owner of each Lot will be responsible for providing on such Lot sufficient parking
area for all vehicles normally parked and/or situated on or in regard to such Lot.
Section 17. No Temporary Structure. No structure of a temporary character, such
as a trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any
Lot at any time as a dwelling house.
Section 18. No Drilling or Mining. No oil drilling, oil development operation,
oil refining, quarrying, or mining operations of any kind shall be permitted upon or in
any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted
upon or in any Lot. No derrick or other structure designed for use in quarrying or for
drilling for oil or natural gas shall be erected, maintained or permitted upon any Lot.
Section
12.
Landscaping.
(a)
General. Except for the building pad, driveways and sidewalks on
each Lot, the surface of each Lot shall be of grass or other live foliage and/or
ground cover and such grass, foliage and ground cover shall be neatly maintained
at all times. The Association reserves the right to require a landscape reserve to
be established by each Owner, to be paid into a Landscaping Reserve Account
maintained by or on the behalf of Association upon closing by such Owner of the
purchase of a Lot. The amount of such reserve shall be determined upon the
signing of the Contract of Sale for the Lot in question. The reserve shall be held
by Association or its designate until such time as the Owner shall complete the
landscaping of Owner's Lot pursuant to the Landscaping Plan of the Owner to be
approved in writing by the Parcel 12 Old Course at Piper Glen Architectural
Control Committee.
22
(b)
Driveways. The Parcel 12 Old Course at Piper Glen Architectural
Control Committee may, from time to time, establish guidelines for the color,
location, alignment and materials to be used for Lot driveways.
(c)
Guidelines. The Association reserves the right to promulgate and
amend from time to time landscape guidelines (referred to hereinafter as the
"Landscape Guidelines") which shall establish approved standards, methods, and
procedures for landscape management in the Parcel 12 Property and such
authorized standards, methods, and procedures may be utilized by the Owners
without prior written approval by the Association, provided, however, no trees
measuring six (6) inches or more in diameter at a point two (2) feet above ground
level may be removed without the prior written approval of the Association.
Approval for the removal of trees located within ten (10) feet of the main dwelling
or accessory building or within ten (10) feet of the approved site for such building
will be granted unless such removal will substantially decrease the beauty of the
property.
Section 20. Water Systems. Except as provided in Section 36 hereof, no
individual water supply system shall be permitted on any Lot.
Section 21. Sewer Systems. Except as provided
individual sewerage system shall be permitted on any Lot.
10
Section 36 hereof, no
Section 22. Garages. All garages must have doors which shall remain closed
whenever possible. All garages shall be side or rear loading unless a variance is granted
in writing by the Parcel 12 Old Course at Piper Glen Architectural Control Committee.
Such a variance will only be granted as dictated by Lot dimensions and/or topography,
or other site-related conditions.
Section 23. Fences and Walls. In addition to the restrictions contained in the
Master Declaration, no fence or wall shall be erected, placed or altered on any Lot nearer
to any street fronting such Lot than the building corner of the main dwelling constructed
on such Lot and shall not exceed six (6) feet in height unless otherwise specifically
required by governmental authorities having jurisdiction. All fences shall be maintained
in a structurally sound and attractive manner. All fences shall be of wood, masonry or
wrought iron style construction and, as more particularly described hereinafter, an Owner
must obtain the approval of the Parcel 12 Old Course at Piper Glen Architectural Control
Committee before erecting a fence on such Owner's Lot.
Section 24. Sight Line Limitations. To the extent that governmental requirements
shall not impose a stricter standard, no fence, wall, hedge or shrub'planting which
obstructs sight lines at elevations between two (2) and six (6) feet above roadways shall
23
be placed or permitted to remain on any corner Lot within the triangular area formed by
the street property lines and a line connecting them at a point thirty-five (35) feet from
the intersection of the street lines, or in the case of a rounded street property corner,
from the intersection of the street property lines, as extended. These sight line limitations
are also shown on the Parcel 12 Plats. The same sight line limitations shall apply on any
Lot within ten (10) feet from the intersection of a street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain within such distances
of such intersection unless the foliage line is maintained at sufficient height to prevent
obstruction of sight lines.
Section 25. Antennae. No exterior antennae, earth satellite station, microwave
dish or other similar improvement may be constructed, placed or maintained on any Lot.
Section 26. Gas Meters. No gas meters shall be set in the front of a residence on
a Lot unless such meter is of an underground type.
Section 27. Air Conditioning Equipment. No air conditioning or heating apparatus
shall be installed on the ground in front of any residence on a Lot. No air conditioning
or heating apparatus shall be attached to any front wall of a residence on a Lot. No air
conditioning or heating apparatus shall be installed on the side wall of a residence on a
Lot unless the same shall be screened from view from the street abutting such Lot and
any adjacent Lot.
Section 28. Mail Boxes. No mailbox shall be erected or maintained on any
property until the proposed mailbox design, color and location have been approved in
writing by the Parcel 12 Old Course at Piper Glen Architectural Control Committee. The
Parcel 12 Old Course at Piper Glen Architectural Control Committee may refuse approval
for any reason, including purely aesthetic conditions, which in the sole and uncontrolled
discretion of the Parcel 12 Old Course at Piper Glen Architectural Control Committee
shall seem sufficient. No alteration in the exterior appearance of any mailbox shall be
made without the prior written approval by the Association. The Association further
reserves the right to establish uniform mailbox regulations (the "Uniform Mailbox
Regulations") which shall define standard design criteria for all mailboxes erected upon
any property in the Project. House numbers shall be displayed on the dwelling or mailbox
as approved by the Parcel 12 Old Course at Piper Glen Architectural Control Committee.
Section 29. Utilities. All utilities and utility connections shall be located
underground, including electrical and telephone cables and wires. Transformers, electric,
gas or other meters of any type, or other apparatus shall be located at the rear of the
buildings constructed on Lots or, if approved by the Parcel 12 Old CourseatJ>iperGlen
Architectural Control Committee in writing, located elsewhere'on the Lotprovide(J-they
24
are adequately screened as required by the Parcel 12 Old Course at Piper Glen
Architectural Control Committee in accordance with the provisions of this Declaration.
Section 30. No Clothes Lines. No clothes lines of any description or type shall
be allowed on any Lot.
Section 31. Diligent Construction. All construction, landscaping or other work
which has been commenced on any Lot located within the Parcel 12 Property must be
continued with reasonable diligence to completion and no partially completed houses or
other Improvements shall be permitted to exist on any Lot, except during such reasonable
time period as is necessary for completion. Prior to commencement of construction on
any Lot, the Owner shall provide a gravel driveway with a minimum of five (5) inches
of #5 crushed stone base from the paved street to the site of the actual house construction
area. No construction materials of any kind may be stored within the street right-of-way.
Any damage to the street, curb or sidewalk or any part of any Maintenance Area or any
utility system caused by the Owner or Owner's builder shall be repaired by such
responsible Owner. The Owner of each Lot shall at all times keep contiguous public and
private areas free from any dirt, mud, garbage, trash or other debris which is occasioned
by construction of Improvements. Declarant may provide for the cleaning of public and
private areas due to the activities of the Owner or Owner's builder and may assess the
Owner a reasonable charge not to exceed the actual cost for such cleaning plus twenty
percent (20 %) overhead costs. Builder shall, consistent with standard construction
practices, keep all portions of the Lot free of unsightly construction debris and shall at
all times during construction either provide dumpsters for the containment of garbage,
trash or other debris which is occasioned by construction of Improvements or take other
measures consistent with standard construction practices necessary to keep the Lot free
of garbage, trash, or other debris which is occasioned by the construction of
Improvements .
Section 32. Sediment Control. Sufficient sediment control measures including,
but not limited to, installation and maintenance of silt fences, straw bale fences, storm
water inlet protection and temporary seeding, to the extent deemed reasonably necessary
by the Declarant or the Master Association, shall be taken by the Owner or Owner's
builder to ensure that all sediment resulting from any land disturbance or construction
operation is retained on the Lot in question. All sediment control measures must be
maintained until such Lot has been permanently stabilized with respect to soil erosion.
Section 33. Swimming Pools: Tennis Courts. No swimming pool or tennis court
shall be installed or erected on any Lot until the plans and specifications for same
showing the nature, kind, shape, materials, height and location of the same shall have
been approved by the Parcel 12 Old Course· at Piper Glen Architectural Control
Committee. In any event, no swimming pool shall be constructed on a Lot so that any
25
portion of such pool protrudes above the finish grade of the contiguous ground as found
prior to such construction, provided, however, that whenever the average slope of a Lot
exceeds twenty-five percent (25%), the Parcel 12 Old Course at Piper Glen Architectural
Control Committee may approve an exception, subject to the following limitations: (a)
the pool shall be located with its longer dimensions parallel to the natural contour line;
(b) not more than fifty percent (50 %) of the pool shall be above the finished level of the
contiguous ground; and (c) at no point shall any part of the pool project more than two
(2) feet above the finished level of the contiguous ground as found prior to construction.
The pool itself and pool equipment for maintenance, cleaning and operation of the pool
shall be screened, housed or stored underground, where applicable; and tennis courts
shall be screened substantially from view from any street or adjacent Lot by landscaping
or a wall approved by the Parcel 12 Old Course at Piper Glen Architectural Control
Committee.
Section 34. Lake Lots. No Owner of a Lot abutting a Lake may erect a dock or
pier protruding from such Lot into the lake. No sailboats, motor boats, jet skis, paddle
boats, canoes, or other boats are permitted to be used on lakes in the Parcel 12 Property
and no boating of any kind is permitted on any such lake, and no fishing (unless
specifically permitted pursuant to Master Association Board-adopted guidelines) or
swimming is allowed on any Lake, including any PGA Lake as defined in the Master
Declaration. As more particularly described in the Master Declaration, all Parcel 12
Property located within thirty (30) feet of the boundary of any PGA Lake is subject to
a maintenance easement in favor of PGA and its successors and assigns.
Section 35. No Subdivision of Lots. No Lot shall be subdivided by sale, lease or
otherwise so as to reduce the total Lot area as shown on the recorded map or plan. The
foregoing shall not apply to Declarant.
Section 36. No Septic Tanks. Except as hereinafter provided, no septic tanks shall
be installed, used or maintained on any Lot. No wells shall be installed, used or
maintained on any Lot for human domestic water consumption nor shall any well be
connected in any manner whatsoever to the water mains, laterals and piping serving the
dwelling which shall furnish domestic water from sources beyond the boundary lines of
the Lot. Notwithstanding the foregoing prohibition, the Parcel 12 Old Course at Piper
Glen Architecture Control Committee may permit in writing the installation, use and
maintenance of septic tanks or wells, but such permission shall only be granted in unusual
circumstances.
Section 37. Lawn Mowers. The use of motorized lawn mowers, lawn tractors,
grass trimmers, garden fillers and other motorized (including, but not limited to, electric
and gasoline-powered engines) lawn and garden maintenance equipment shall--be
prohibited before 8:00 a.m. and after 8:00 p.m. on Saturdays and Sundays.
26
'.
Section 38. Hoses and Pipes. Except for the temporary use of hoses and the like
which are reasonably necessary in connection with normal lawn maintenance, no hose,
water pipe, sewer pipe, gas pipe, drainage pipe, television cable or other similar
transmission line shall be installed or maintained upon any Lot above the surface of the
ground, unless such installation is expressly approved by the Parcel 12 Old Course at
Piper Glen Architectural Control Committee.
Section 39. Play Equipment. No play equipment, including, without limitation,
basketball backboards, basketball hoops and other equipment associated with either adult
or juvenile recreation, shall be attached in any manner to the exterior of any dwelling or
otherwise installed on any Lot except if screened from view from the street and placed
in such a manner as to not constitute a nuisance to adjoining Owners or the Golf
Course. Children's play and similar equipment shall not be allowed to remain overnight
within any front yard of any Lot. No play equipment such as metal or wooden swings
sets, or children's climbing apparatus, or the like shall be permitted on any Lot unless
screened substantially from view by landscaping or a wall approved by the Parcel 12 Old
Course at Piper Glen Architectural Control Committee.
Section 40. Vegetable Garden. Vegetable gardens shall not be permitted on any
Lot unless placed in the rear portion of such Lot in such a manner as to not constitute a
nuisance to adjoining Owner or to the owner or operator of the Golf Course, however,
the foregoing shall not be deemed to authorize or permit any garden or activity related
thereto which is prohibited by other provisions of this Declaration or by the provisions
of the Master Declaration.
Section 41. Lawn Furniture. No lawn furniture or decorative items such as
statuettes, or renderings of animate or inanimate objects shall be maintained in the front
or side yards of any Lot unless shielded from view by landscaping or a wall approved in
advance in writing by the Parcel 12 Old Course at Piper Glen Architectural Control
Committee.
Section 42. Window Coverings. Bed sheets, plastic sheets, newspapers, plastic
storm windows or other similar window treatments shall not be hung or placed in or on
any window on any dwelling located on any Lot.
Section 43. Golf Course. The provisions of Article XIII of the Master Declaration
are hereby specifically incorporated herein by reference and made a part hereof.
Section 44. Location ofImprovements. In order to assure that buildings and other
structures will be located and staggered so that the maximum view; privacy, sunlight, and
breeze will be available to each building or structure within the confines of each Lot; and
to assure that structures will be located with regard to the topography of each Lot, taking
27
into consideration the location of large trees and other aesthetic and environmental
considerations, the Parcel 12 Old Course at Piper Glen Architectural Control Committee
shall have the right to control absolutely and solely to decide (subject to the provisions
of zoning ordinances of the appropriate governmental authorities) the precise site and
location of any building or structure on any Lot for reasons which may in the sole and
uncontrolled discretion and judgment of the Parcel 12 Old Course at Piper Glen
Architectural Control Committee seem sufficient. Such location shall be determined only
after reasonable opportunity is afforded the Owner of the Lot in question to recommend
a specific site. The provisions of this Section shall in no way be construed as a guarantee
that the view, privacy, sunlight or breeze available to a building or structure on a given
Lot shall not be affected by the location of a building or structure on an adjacent Lot.
Section 45. Governmental Requirements. Nothing herein contained shall be
deemed to constitute a waiver of any governmental requirements applicable to any Lot
and all applicable governmental requirements or restrictions relative to the construction
of improvements on and/or use and utilization of any Lot shall continue to be applicable
and shall be complied with in regard to the Lots.
ARTICLE IX
ARCHITECTURAL CONTROL
Section I. General. Anything contained in the foregoing Article VIII of this
Declaration to the contrary notwithstanding, no Improvements (as hereinafter defined in
Section 6) including without limitation, site preparation on any Lot or change in grade
or slope of any Lot or erection of buildings or exterior additions or alterations to any
building situated upon the Parcel 12 Property or erection of, changes in or additions to
fences, hedges, walls and other structures, or construction of any swimming pools or
other improvements, shall be commenced, erected or maintained on any Lot until the
Parcel 12 Old Course at Piper Glen Architectural Control Committee appointed as
hereinafter provided, has approved the plans and specifications therefor and the location
of such Improvements.
Section 2.
Composition.
(a)
General. Except as set forth in subparagraph (B) below, the members
of the Parcel 12 Old Course at Piper Glen Architectural Control Committee shall
be annually appointed by the Board of the Association, and will be composed of
at least two (2) and not more than seven (7) individuals (the exact number of
members of the Parcel 12 Old Course at Piper Glen Architectural Control
Committee to be designated by the Association Board from time to time), each
generally familiar with residential and community development design matters and
knowledgeable about the Association's concern for a high level of taste and design
28
· standards within the Project. In the event of the death or resignation of any
member of the Parcel 12 Old Course at Piper Glen Architectural Control
Committee, the Association Board shall have full authority to designate and
appoint a successor. Members of the Parcel 12 Old Course at Piper Glen
Architectural Control Committee may be removed and replaced at any time, with
or without cause, and without prior notice, by the Association Board. No member
of the Parcel 12 Old Course at Piper Glen Architectural Control Committee shall
be liable for claims, causes of action or damages (except where occasioned by
gross negligence or willful misconduct of such members) arising out of services
performed pursuant to this Declaration.
Declarant's Rights. Notwithstanding anything contained herein to the
contrary the approvals of the Parcel 12 Old Course at Piper Glen Architectural
Control Committee shall remain in the Declarant, or its successors and assigns,
until such time as a house has been built and is being used as such on each
residential lot which is subject to the Declaration. Provided, however, the
Declarant may elect to relinquish such right of approval at any time. Thereafter
the right of approval set forth herein shall be vested in the Parcel 12 Old Course
at Piper Glen Architectural Control Committee, whose composition will be as set
forth in subparagraph A above.
(b)
Section 3. Procedure. No Improvement of any kind or nature shall be erected,
remodeled or placed on any Lot until all plans and specifications therefor and a site plan
therefor have been submitted to and approved in writing by the Parcel 12 Old Course at
Piper Glen Architectural Control Committee (and, where applicable, by the Master
Architectural Control Committee under the provisions of Section 14 below), as to:
(i)
location with respect to topography and finished grade
elevation and effect of location and use on neighboring Lots and Golf
Course and improvements situated thereon and drainage arrangement;
(ii)
quality of workmanship and materials, adequacy of site
dimensions, and alignment of main elevation with respect to nearby streets;
(iii) conformity and harmony of the external design, color, type
and appearance of exterior surfaces;
(iv) the other standards set forth within this Declaration (and any
amendments hereto) or as may be set forth within bulletins promulgated by
the Parcel 12 Old Course at Piper Glen Architectural Control Committee,
or matters in which the Parcel 12 .old Course at Piper Glen Architectural
29
Control Committee has been vested with the authority to render a final
interpretation and decision.
Final plans and specifications for all Improvements proposed to be constructed on
a Lot shall be submitted in triplicate to the Parcel 12 Old Course at Piper Glen
Architectural Control Committee for approval or disapproval (a copy of such plans shall
be forwarded to the Master Architectural Control Committee). The Parcel 12 Old Course
at Piper Glen Architectural Control Committee is authorized to request the submission
of samples of proposed construction materials. At such time as the plans and
specifications meet the approval of the Parcel 12 Old Course at Piper Glen Architectural
Control Committee, one complete set of plans and specifications will be retained by the
Parcel 12 Old Course at Piper Glen Architectural Control Committee and the other
complete set of plans and specifications will be marked "Approved" and returned to the
Lot Owner or his designated representative. If found not to be in compliance with these
covenants, conditions and restrictions or if found to be otherwise unacceptable to the
Parcel 12 Old Course at Piper Glen Architectural Control Committee pursuant hereto, one
set of plans and specifications shall be returned to the Lot Owner marked "Disapproved",
accompanied by a reasonable statement of items found not to be in compliance with these
covenants, conditions and restrictions or otherwise being so unacceptable. Any
modification or change to the Approved set of plans and specifications must again be
submitted in triplicate to the Parcel 12 Old Course at Piper Glen Architectural Control
Committee for its inspection and approval. The Parcel 12 Old Course at Piper Glen
Architectural Control Committee's approval or disapproval, as required herein, shall be
in writing. Once the Parcel 12 Old Course at Piper Glen Architectural Control Committee
has approved of plans and specifications for Improvements, the construction of such
Improvements must be promptly commenced and diligently pursued to completion and
if such construction is not commenced within twenty-four (24) months following the date
of approval of the plans and specifications therefor by the Parcel 12 Old Course at Piper
Glen Architectural Control Committee, such approval shall be deemed rescinded and
before construction of Improvements can thereafter be commenced on the Lot in question,
the plans and specifications therefor must again be approved by the Parcel 12 Old Course
at Piper Glen Architectural Control Committee pursuant to this Article IX.
The final plans and specifications as referred to in the preceding paragraph shall
mean the following:
(i)
Final site plan which is dimensional and shows topography at
two (2) foot contours (at a scale of one inch equals 20 feet or at a larger
scale); provided, however, that the submission of such a detailed final site
plan may be waived by the. Parcel 12 Old Course at Piper Glen
_Architectural Control Committee. Provided, however, if such-a·waiver .
occurs, a site· plan locating at a minimum the dwelling house and all
30
'.
exterior improvements, such as sidewalks, driveways and the like, must be
submitted to the Parcel 12 Old Course at Piper Glen Architectural Control
Committee for approval and a copy of same forwarded to the Master
Architectural Control Committee.
(ii)
Final floor plans at a scale of 1/4 inch equals one foot;
(iii) Final elevations, showing all sides, and accurate grade at a
scale of 1/4 inch equals one foot.
(iv)
All material selections and color selections.
In addition to the procedure described in this Section 3 of Article IX, and in
recognition of the cost involved in producing the final plans and specifications, the Lot
Owner may request a preliminary review of the design of the Improvements upon the
submission of the following:
(i)
Schematic site plan which is dimensional and shows
topography at two (2) foot contours (at a scale of one inch equals 20 feet
or at a larger scale), including tree surveyor, at the option of the Parcel 12
Old Course at Piper Glen Architectural Control Committee, actual staking
of the site for field inspection by the Parcel 12 Old Course at Piper Glen
Architectural Control Committee;
(ii)
Schematic floor plans at a scale of 1/4 inch equals one foot;
(iii) Schematic elevations, showing all sides, materials and exterior
colors and accurate grade at a scale of 1/4 inch equals one foot.
The Parcel 12 Old Course at Piper Glen Architectural Control Committee may
from time to time publish and promulgate architectural standards bulletins which shall be
fair, reasonable and uniformly applied in regard to the Lots and shall carry forward the
spirit and intention of these covenants, conditions and restrictions. The Parcel 12 Old
Course at Piper Glen Architectural Control Committee shall be responsive to
technological advances or general changes in architectural designs and materials and
related conditions in future years and use its best efforts to balance the equities between
matters of taste and design (on the one hand) and use of private property (on the other
hand). Such bulletins shall supplement these covenants, conditions and restrictions and
are incorporated herein by reference. The Parcel 12 Old Course at Piper Glen
Architectural Control Committee may refuse approval of plans, location, exterior color
or finish or specifications for any reason including purely aesthetic reasons,whieh-inthe •.
31
sole discretion of the Parcel 12 Old Course at Piper Glen Architectural Control
Committee shall be deemed sufficient.
Section 4.
Jurisdiction. The Parcel 12 Old Course at Piper Glen Architectural
Control Committee is authorized and empowered to consider and review any and all
aspects of the construction of any Improvements on a Lot which may, in the reasonable
opinion of the Parcel 12 Old Course at Piper Glen Architectural Control Committee,
adversely affect the living enjoyment of one or more Owners or the general value of the
Parcel 12 Property or the Project.
Section 5.
Enforcement.
(a)
The Association shall have the specific right (but no obligation) to
enforce the provisions contained in this Article of this Declaration and/or to
prevent any violation of the provisions contained in this Article of this Declaration
by a proceeding at law or in equity against the person or persons violating or
attempting to violate any such provisions contained in this Article of this
Declaration. The Master Association shall also have the right, jointly and severally
with the Association, (but not the obligation) to enforce these provisions.
As to nonconforming or unapproved Improvements, the Master
(b)
Association or Association may require any Owner to restore such Owner's
Improvements to the condition existing prior to the construction thereof (including,
without limitation, the demolition and removal of any unapproved Improvement)
if such Improvements were commenced or constructed in violation of the Article.
In addition, the Master Association or Association may, but has no obligation to
do so, cause such restoration, demolition and removal and levy the amount of the
cost thereof as a special individual assessment against the Lot upon which such
Improvements were commenced or constructed.
Section 6.
Definition of "Improvement". The term improvement shall mean and
include all buildings, storage sheds or areas, roofed structures, parking areas, loading
areas, trackage, fences, walls, hedges, mass plantings, poles, driveways, ponds, lakes,
changes in grade or slope, site preparation, swimming pools, tennis courts, signs, exterior
illumination, changes in any exterior color or shape and any new exterior construction
or exterior improvement exceeding $1,000.00 in cost which may not be included in any
of the foregoing. The definition of Improvement does not include garden shrub or tree
replacements or any other replacement or repair of any magnitude which ordinarily would
be expensed in accounting practice and which does not change exterior colors or exterior
appearances. The definition ofImprovement does include both original1mprovements and
all later changes and repairs to Improvements.
32
· Section 7. Failure of the Parcel 12 Old Course at Piper Glen Architectural
Control Committee to Act. If the Parcel 12 Old Course at Piper Glen Architectural
Control Committee fails to approve or disapprove any plans and specifications and other
submittals which conform (and which relate to Improvements which will conform) with
the requirements hereof or to reject them as being inadequate or unacceptable within
twenty (20) days after receipt thereof, and provided such submittal was a full and
complete submittal of all items that were to have been submitted to the Parcel 12 Old
Course at Piper Glen Architectural Control Committee, and provided the Parcel 12 Old
Course at Piper Glen Architectural Control Committee shall again fail to approve or
disapprove of such plans, specifications and other submittals within ten (10) days after
additional written request to act on such items is delivered to the Parcel 12 Old Course
at Piper Glen Architectural Control Committee following the passage of such first
above-described twenty (20) day period, it shall be conclusively presumed that the Parcel
12 Old Course at Piper Glen Architectural Control Committee has approved such
conforming plans and specifications and other submittals, EXCEPT that the Parcel 12 Old
Course at Piper Glen Architectural Control Committee has no right or power, either by
action or failure to act, to waive or grant any variances relating to any mandatory
requirements specified in this Declaration, except where variances shall be expressly
permitted herein. If plans and specifications or other submittals are not sufficiently
complete or are otherwise inadequate, the Parcel 12 Old Course at Piper Glen
Architectural Control Committee may reject them as being inadequate or may approve
or disapprove part, conditionally or unconditionally, and reject the balance. The Parcel
12 Old Course at Piper Glen Architectural Control Committee is authorized to request
the submission of samples of proposed construction materials.
Section 8. Limitation of Liability. Neither the Parcel 12 Old Course at Piper
Glen Architectural Control Committee, nor the members thereof, nor Association, Master
Association, nor Declarant shall be liable in damages or otherwise to anyone submitting
plans and specifications and other submittals for approval or to any Owner by reason of
mistake of judgment, negligence or nonfeasance arising out of or in connection with the
approval or disapproval or failure to approve or disapprove any plans or specifications.
Every person who submits plans or specifications, and every Owner of any Property
agrees that he will not bring any action or suit against Declarant, the Association, Master
Association, the Parcel 12 Old Course at Piper Glen Architectural Control Committee,
the Board, or the officers, directors, members, employees and agents of any of them, to
recover any such damages ·and hereby releases, remises, and quitclaims all claims,
demands and causes of action arising out of or in connection with any judgment,
negligence or nonfeasance and hereby waives the provisions of any law which provides
that a general release does not extend to claims, demands and causes of action not known
atthe time the release is given.
33
Section 9.
Design Guidelines. The Parcel 12 Old Course at Piper Glen
Architectural Control Committee may, from time to time, publish and promulgate Design
Guidelines (herein so called), and such Design Guidelines shall be explanatory and
illustrative of the general intent of the development of the Property and are intended as
a guide to assist the Parcel 12 Old Course at Piper Glen Architectural Control Committee
in reviewing plans and specifications. In any event, such Design Guidelines shall not be
binding upon the Parcel 12 Old Course at Piper Glen Architectural Control Committee
and shall not constitute, in every event, the basis for approval or disapproval of plans,
specifications and other materials submitted to the Parcel 12 Old Course at Piper Glen
Architectural Control Committee for approval.
Section 10. Variances. Upon submission of a written request for same, the
Parcel 12 Old Course at Piper Glen Architectural Control Committee may, from time to
time, in its sole discretion, permit Owners to construct, erect, or install improvements
which are in variance with the setback requirements, architectural standards, or similar
provisions of this Declaration or Supplemental Declaration which may be promulgated
in the future; provided, however, that any variance in the setback requirements shall be
subject to the limitations set forth in Article 8, Section 14 above. In any case, however,
such variances shall be in basic conformity with and shall blend effectively with the
general architectural style and design of the community and shall not materially change
the scheme of restrictions herein set forth. Written requests for variances shall be deemed
to be disapproved in the event the Parcel 12 Old Course at Piper Glen Architectural
Control Committee has not expressly and in writing, approved such request within thirty
(30) days of the submission of such request. No member of the Parcel 12 Old Course at
Piper Glen Architectural Control Committee shall be liable to any Owner for any claims,
causes of action, or damages arising out of the grant or denial of any variance to any
Owner. Each request for a variance submitted hereunder shall be reviewed separately and
apart from other such requests and the grant of a variance to any Owner shall not
constitute a waiver of the Parcel 12 Old Course at Piper Glen Architectural Control
Committee's right to strictly enforce the covenants, restrictions and architectural standards
provided hereunder, against any other Owner.
Section II. Review Fee and Address. No review fee shall be imposed for initial
submittals of plans and specifications for Improvements to be located on an Owner's Lot.
Provided however, following the initial review and approval (or disapproval) process, the
Association Board may impose a review fee, not to exceed $100.00 (as adjusted by
cost-of-living increases for the years following the calendar year of 1992 these
adjustments to be based upon increases to the Consumer Price Index figure for
September, 1992, published by the Bureau of Labor Statistics, Urban Wage Earner,
Atlanta, all items), for each resubmittal of plans and specifications to the Parcel 12 Old
Course at Piper Glen Architectural Control Committee. Notwithstanding the foregoing, .
if nonconforming plans and specifications are submitted, for any reason, the Association
34
Board may impose, in addition to the above described fee, an additional fee not to exceed
five hundred dollars ($500.00), for reimbursement to the Association Board of expenses
actually incurred in the review of such nonconforming plans and specifications. The
address of the Parcel 12 Old Course at Piper Glen Architectural Control Committee shall
be the principal place of business of the Declarant. Such address shall be the place of the
submittal of any plans and specifications and the place where the current rules and
regulations, if any, of the Parcel 12 Old Course at Piper Glen Architectural Control
Committee shall be kept.
Section 12. No Liability for Design Defects. Plans and specifications are not
approved for engineering or structural design or quality of materials, and by approving
such plans and specifications neither the Parcel 12 Old Course at Piper Glen Architectural
Control Committee, the members thereof, the Master Association, or Association assumes
liability or responsibility therefor, nor for any defect in any structure constructed from
such plans and specifications.
Section 13. Miscellaneous. No member of the Parcel 12 Old Course at Piper
Glen Architectural Control Committee shall be entitled to compensation for, or be liable
for, claims, causes of action or damages (except where occasioned by gross negligence
or arbitrary and capricious conduct) arising out of services performed pursuant to this
Article. The Association shall reimburse members of the Parcel 12 Old Course at Piper
Glen Architectural Control Committee for reasonable out-of-pocket expenses associated
with its activities hereunder.
Section 14. Master Architectural Control Committee. The Master Association has
established an Architectural Control Committee pursuant to the provisions of Article X
of the Master Declaration (the "Master Architectural Control Committee"). The Master
Architectural Control Committee has agreed to certain Residential Design Guidelines for
the Declarant (the "Declarant Architectural Guidelines"), as may be amended hereafter
by the Master Association (but which amendment, to the extent applicable to the
Declarant, shall require the consent of the Declarant). Copies of the site plan and front
elevation portions of the plans and specifications submitted under Section 3 above shall
automatically be forwarded by the Parcel 12 Old Course at Piper Glen Architectural
Control Committee to the Master Architectural Control Committee. The approval of the
Master Architectural Control Committee of plans and specifications submitted under the
provisions of Section 3 above shall be required only where the plans and specifications
either: (a) would require a variance as set forth in Section 10 above, or (b) fail to
conform to the Declarant Architectural Guidelines. In the event the approval of the
Master Architectural Control Committee shall be required, the procedures utilized shall
be identical to those set forth in this Article IX. Further provided, that the Declarant
Architectural Guidelines shall not; for purposes of this Declaration; be amended so as toe
provide for any material additional requirements, and provided that any material deletions
35
to the Declarant Architectural Guidelines shall be automatically incorporated herein by
reference.
ARTICLE X
EASEMENTS AND RIGHTS-OF-WAY
Section I.
Easements and Rights-of-Way Reserved by Declarant. As are shown
on the Parcel 12 Plats, easements for installation, maintenance, repair and removal of (I)
public and private utilities including without limitation gas, electric, telephone, cable,
sewer and water (the "Specific Utility Easements"), (2) drainage facilities (the "Drainage
Easements"), and (3) landscaping amenities including signage and sitework, and which
easement area shall include the street medians, shoulders, and boulevard areas of the
streets abutting the landscape easement areas (the "Landscape Easements"), and (4)
irrigation facilities (the "Irrigation Easements") are hereby reserved by Declarant for
itself, its successors and assigns, over, under and across, the portions of the Lot as these
easements are more particularly shown on the Parcel 12 Plats (collectively these
easements, as well as the General Utility Easements (hereinafter defined) are sometimes
referred to as the "Maintenance Areas"). As set forth in the Master Declaration, it is
intended that the Master Association shall be assigned the rights, privileges, easements,
and usages associated with these easements, as well as the General Utility Easements
hereinafter described. Provided however, that the Golf Course Right-of-Way is intended
to be appurtenant to and run with title to the Golf Course and be enforceable by the Golf
Course Operator. In addition, an easement on each Lot shall be reserved by the Declarant
for itself and its successors and assigns along, over, under and upon a strip of land ten
feet (10') in width parallel and contiguous to the front, and rear (or back) Lot line of each
Lot, and along, over, under and upon a strip of land ten feet (10') in width parallel and
contiguous to each side Lot line (the "General Utility Easements"). The purpose of these
General Utility Easements shall be to provide, install, maintain, construct and operate
drainage facilities now or in the future and utility service lines to, from or for each of the
individual Lots. Within these easements, no structure, planting or other material shall be
placed or permitted to remain that may damage or interfere with the installation or
maintenance of utilities, or which may change the direction or flow of drainage channels
in the easements. The easement areas of each Lot and all improvements in it shall be
maintained continuously by each Owner, except for those improvements for which a
public authority or utility company shall be responsible. With ten (10) days prior written
notice to Owner or Declarant, the Master Association may exercise the rights reserved
in Section 2 of Article XI for the purpose of removing obstructions in such easements
upon Owner's failure to do so. For the purpose of this covenant, the Declarant reserves
the right to modify or extinguish the herein reserved easements along any Lot lines when
in .its sole discretion adequate reserved easements are otherwise available for the
. installation of drainage facilities and!or utility service lines. Declarant shall have the right
to assign and convey, in whole or in part, the easements reserved by it hereunder to one
36
'.
or more public utility companies, the Association or Master Association. It is understood
and agreed that Declarant has the right to impose other easements on Lots which it owns.
Section 2. Easement Reserved for the Master Association. Association and
Declarant. Full rights of ingress and egress shall be had by Declarant, the Master
Association, and the Association at all times over and upon each Lot for the maintenance
and repair of each Lot in accordance with the provisions hereof and for the carrying out
by Declarant, the Master Association, or the Association of the rights, functions, duties
and obligations of each hereunder, including, without limitation, the maintenance and
repair of any Maintenance Area or lake on the Parcel 12 Property; provided, that any
such entry by Declarant, or the Association upon any Lot shall be made with as minimum
inconvenience to the Owner as reasonably practical, and any damage caused as a result
of the negligence (or, in the case of enforcement measures described in Article XI,
Section 2 below, gross negligence only) of Declarant's, or the Association's employees
or agents shall be repaired by Declarant, or the Association (as the case may be) at the
expense of Declarant, or the Association (as the case may be).
ARTICLE XI
MAINTENANCE
Section 1. Duty of Maintenance. The Owner of each Lot in the Parcel 12
Property shall have the duty and responsibility, at such Owner's sole cost and expense,
to keep that part of the Parcel 12 Property so owned, including without limitation, the
Improvements, Utility Easements, Irrigation Easements and Drainage Easements or other
rights-of-way incident thereto, in accordance with the terms and provisions of the
Master Declaration and this Declaration and in a well-maintained, safe, clean and
attractive condition at all times. Such maintenance includes, but is not limited to, the
following:
(a)
Prompt removal of all litter, trash, refuse and wastes;
(b)
Lawn mowing on a regular basis;
(c)
Tree and shrub pruning;
(d)
needed;
Watering by means of a lawn sprinkler system and hand watering as
(e)
Keeping exterior lighting and mechanical facilities in working order;
(f)
Keepinglawn and garden areas alive;
37
(g)
Removing and replacing any dead plant material;
(h)
Keeping vacant land well maintained and free of trash and weeds;
(i)
Keeping parking areas and driveways in good repair;
G)
Ensuring all sediment control measures (as required by Article VIII,
Section 32) are maintained;
(k)
Complying with all governmental health and police requirements;
(I)
Repainting of Improvements; and
(m) Repair of exterior damage to Improvements; it being understood and
agreed that if any Improvements are damaged or destroyed by fire, or other
casualty, the Owner of the Lot on which such Improvements are situated must
repair and restore such damaged Improvements (in accordance with plans and .
specifications approved by the Architectural Control Committee and otherwise in
accordance with the terms and provisions of the Master Declaration, this
Declaration and of each Supplemental Declaration applicable thereto) or remove
such damaged Improvements and restore the Lot to its condition existing prior to
the construction of such Improvements, within six (6) months following the date
such damage or destruction occurs.
Section 2. Enforcement. If any such Owner has failed in any of the duties or
responsibilities of such Owner as set forth in this Declaration, then the Board, the Master
Association, or Declarant may give such person written notice of such failure and such
person must within ten (10) days after receiving such notice (which notice shall be deemed
to have been received upon deposit in an official depository of the United States mail,
addressed to the party to whom it is intended to be delivered, and sent by certified mail,
return receipt requested), perform the care and maintenance required to otherwise
perform the duties and responsibilities of such Owner. Should any such person fail to
fulfill this duty and responsibility within such period, then the Association or Master
Association, acting through their authorized agent or agents, or Declarant, acting through
its authorized agent or agents, jointly and severally, shall have the right and power to
enter onto the premises and perform such care and maintenance without any liability for
damages for wrongful entry, trespass or otherwise to any person. Further provided, that
in cases of emergencies necessitating immediate repairs or other remedial action, the
Master Association, Association or Declarant may effect such remedy without the
requirement of prior notice to the respective Owner. The Owner of a Lot on which such
workis performed shall be liable for the cost of such work together with-interest un the
amounts expended by the Master Association, Association or Declarant, as applicable in
38
i"i
"
performing such work computed at the highest lawful rate of interest per annum from the
date(s) such amounts are expended until repaid to the Master Association, Association or
Declarant, as the case may be, and for all costs and expenses incurred in seeking the
compliance of such Owner with his duties and responsibilities hereunder and shall
reimburse the Association, Master Association or Declarant, as the case may be, on
demand for such costs and expenses (including interest as above provided). If such Owner
shall fail to reimburse the Association, Master Association or Declarant, as the case may
be, within thirty (30) days after mailing to such Owner of a statement for such costs and
expenses by the Association, Master Association or Declarant, the Master Association or
Association, as applicable, may issue a special assessment against such Owner pursuant
to the provisions hereof or in the Master Association.
ARTICLE XII
MISCELLANEOUS PROVISIONS
Duration. This Declaration and the controls, covenants, restrictions
Section 1.
and standards set forth herein shall run with and bind the Parcel 12 Property and shall
inure to the benefit of every Owner of a Lot in the Parcel 12 Property, including
Declarant, and their respective heirs, successors, and assigns, and to the benefit of the
Master Association for a term beginning on the date this Declaration is recorded and
continuing through and including December 31, 2050. At such time, the easements,
covenants, conditions and restrictions herein shall automatically be extended for
successive period(s) of ten (10) additional years each; unless prior to the expiration of a
respective period, by the vote of seventy-five percent (75 %) of the total eligible votes of
the Owners of the Lots and by a majority vote of the members of the Master Association
Board, there shall be adopted a resolution to terminate these covenants and restrictions.
Owners may vote in person or by proxy at a meeting duly called for such purpose,
written notice of which shall have been given to all Owners at least thirty (30) days in
advance of the date of such vote, which notice shall set forth the purpose of such
meeting.
Section 2.
Amendment. Subject to the limitations hereinafter contained, this
Declaration or any Supplemental Declaration may be amended or modified at any time
by a vote of both (a) seventy-five percent (75°) of the total eligible votes of the
membership of the Association as defined in Article III hereof, with both classes of the
membership voting together and (b) a majority of the members of the Master Association
Board. Members may vote in person or by proxy at a meeting duly called for such
purpose, written notice of which shall be given to all Members at least thirty (30) days
in advance of the date of such vote, which notice shall set forth the purpose of such
.meeting. Notwithstanding anything contained hereinabove, it is understood and agreed
th'at the consent of Declarant in writing to any amendment or modification hereof or of
any Supplemental Declaration must first be obtained if such amendment or modification
39
is to be effected prior to December 31, 1999. In addition, Declarant may make minor
amendments or modifications hereto which do not involve a change which materially
affects the rights, duties or obligations specified herein or which only applies to the
portions of the Parcel 12 Property then remaining owned by Declarant, without obtaining
the approval of any Owners. Any amendment or modification effected pursuant to this
Section 2 shall become effective when an instrument is filed for record in the Office of
the Register of Deeds of Mecklenburg County, North Carolina. In addition to the
foregoing rights, Declarant may amend and modify this Declaration and any Supplemental
Declaration without obtaining the consent or approval of any other person or entity if
such amendment or modification is necessary to cause this Declaration or any such
Supplemental Declaration to comply with the requirements of FHA, VA, the Federal
National Mortgage Association or other similar agency.
In addition, Declarant shall have the right to convey to any governmental or
quasi-governmental agency or any third party any property originally included as part of
the Common Area.
Section 3. Enforcement. Enforcement of the controls, covenants, conditions,
restrictions, easements, development guidelines, charges and liens for which provision
is made in this Declaration shall be by any proceeding at law or in equity (or otherwise,
as provided in this Declaration) against any person or persons violating or attempting to
violate any such control, covenant, condition, restriction, easement, development
guideline, charge or lien either to restrain violation or to recover damages, and against
the land, to enforce any lien created by these covenants; and failure by the Association,
Master Association, Declarant, or any Owner to enforce any such control, covenant,
condition, restriction, easement, development guideline, charges or lien shall in no event
be deemed a waiver of the right to do so thereafter or of any other or future violation of
any thereof.
Section 4.
Severability ofProvisions. If any paragraph, section, sentence, clause
or phrase of this Declaration shall be or become illegal, null or void for any reason or
shall be held by any court of competent jurisdiction to be illegal, null or void, the
remaining paragraphs, sections, sentences, clauses or phrases of this Declaration shall
continue in full force and effect and shall not be affected thereby. It is hereby declared
that the remaining paragraphs, sections, sentences, clauses and phrases would have been
and are imposed irrespective of the fact that anyone or more other paragraphs, sections,
sentences, clauses or phrases shall become or be illegal, null or void.
Section 5.
Notice. Whenever written notice to an Owner (including Declarant)
is required hereunder, such notice shall be given by the mailing of same, postage prepaid,
to the address of such Owner appearing on the records of the Association. If notice is·
given in such manner, such notice shall be conclusively deemed to have been given by
40
placing same in the United States mail properly addressed, with postage prepaid, whether
received by the addressee or not.
Section 6.
Titles. The titles, headings and captions which have been used
throughout this Declaration are for convenience only and are not to be used in construing
this Declaration or any part thereof.
Section 7.
Changes to Master Plan for Project. Nothing contained herein shall
be deemed to incorporate by reference the contents of any plans or proposals prepared
by Declarant with respect to the development of the Project, and Declarant reserves the
right to change any such plans for the Project at any time and from time to time as
Declarant may determine to be necessary based upon Declarant's continuing research and
design program and/or market conditions, and declarant's plans for the project shall not
bind Declarant or its successors and assigns to adhere to such plans or proposals in the
development of the Project or any part thereof.
Section 8.
No Exemption. No Owner or other party may exempt himself from
the coverage hereof or obligations imposed hereby by non-use of such Owner's Lot(s) or
the Common Area.
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be
executed on the day and year first above written.
QUEEN INVESTMENTS LIMITED PARTNERSHIP,
a South Carolina limited partnership
(Fre<iJ. Caligiuri, Jr.
Attorney-in-Fact
41
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
I,
Evelyn B. Stevens
, a Notary Public in and for
the County and State aforesaid, do hereby certify that Fred J.
Caligiuri, Jr., Attorney-in-Fact for Queen Investments Limited
Partnership, a South Carolina limited partnership, personally
appeared before me this day and being by me duly sworn, said that
he executed the foregoing and annexed instrument for and in behalf
of Queen Investments Limited Partnership, and that his authority
to execute and acknowledge said instrument' is contained in an
instrument duly executed, acknowledged and recorded in the Office
of the Register of Deeds for Mecklenburg County, North Carolina on
the 19th day of January, 1993, in Book 7171, Page 480, and that
this instrument was executed under and by virtue of the authority
given by said instrument granting him power of attorney; that the
said Fred J. Caligiuri, Jr. acknowledged the due execution of the
foregoing and annexed instrument for the purposes therein expressed
for and in behalf of the said Queen Investments Limited Partnership.
Witness my hand and notarial seal, this 27th
January
, 1993.
My Commission Expires:
:",
i;
i
i··, ,..
day of
July 27, 1996
EXHIBIT A
LEGAL DESCRIPTION
The real property consists of two (2)
Tract Two, as follows:
tracts, Tract One and
Tract One
BEGINNING at an existing iron pin located in the westerly
margin of the one hundred (100) foot public
of Rea
Road
(Map Book 23,
Page 47)( "Rea Road") ,
being also the
northeastern corner of a portion of the Tournament Players Club at
Piper Glen, Inc. Property (the "TPC Property") in particular, the
northeastern corner of the TPC Property which contains the
thirteenth (13th) hole, as shown in Map Book 23, at Page 344, of
the Mecklenburg County Public Registr.y); thence from this BEGINNING
point and running with the northerly boundary line of the TPC
Property the following twelve (12) courses and distances:
(l)N
59-05-53 W 4.44 feet to an iron pin; (2) N 71-42-32 W 231.49 feet
to an iron pin; (3) N 62-20-54 W 185.99 feet to an iron pin, (4) N
64-57-33 W 234.59 feet to an iron pin, (5) N 75-14-22 W 226.45 feet
to an iron pin, (6) N 47-38-19 W 234.96 feet to an iron pin, (7) N
55-51-35 W 143.54 feet to an iron pin, (8) N 60-46-18 W 98.55 feet
to an iron pin, (9) S 87-40-13 W 140.26 feet to an iron pin, (10)
S 72-11-19 W 170.86 feet to an iron pin, (11) N 61-43-07 W 93.50
feet to an iron pin, and (12) N 73-20-14 W 69.63 feet to an iron
pin located in the easterly margin of the sixty (60) foot public
right of way of Elm Lane West ("Elm Lane west"); thence N 73-20-14
W 32.05 feet to an existing nail located in the centerline of Elm
Lane West, and running with the centerline of Elm Lane West the
following ten (10) courses and distances: (1) N 06-47-32 W 12.94
feet, (2) N 02-59-46 W 65.75 feet, (3) N 02-51-49 E 57.84 feet to
a point, (4) N 07-54-51 E 56.43 feet to a point, (5) N 12-43-09 E
60.85 feet to a point, (6) N 16-39-10 E 109.03 feet to a point, (7)
N 20-01-06 E 226.09 feet to a point, (8) N 21-07-49 E 116.33 feet
to a point, (9) N 20-50-35 E 118.44 feet to a point, (10) N 20-5251 E 54.45 feet to a point; thence leaving the centerline of the
sixty (60) foot right-of-way'of Elm Lane West S 82-23-46 E 29.24
feet to an iron pin located in the easterly margin of the sixty
(60) foot right-of-way of Elm Lane West, and being also the
southwe stern corner of the Mary M. Gillespie Property, now or
formerly (Deed Book 4969, Page 413); and running thence with the
southerly boundary line of .the Gillespie Property the following
three (3) courses and distances: (1) S 82-23-46 E 7.04 feet to an
iron pin; (2) S 60-11-29 E 36.96 feet to an iron pin, and (3) S 6014-36 E 1205.46 feet to an iron pin; thence S 35-04-39 E 218.14
feet to an iron pin located in the westerly margin of Rea Road;
thence the following eight (8) courses and distances with the
westerly margin of Rea Road:
(I) with the arc of a circular curve
to the left an arc distance 67.91 feet (chord bearing 501-10-05 E,
chord distance 67.89 feet, radius of 1,000.00 feet) to a new iron
pin; (2) thence with the arc with a circular curve to the right an
arc distance 45.32 feet (chord bearing S 40-09-52 W, chord distance
41.13 feet, radius of 30.00 feet) to a new iron pin; (3) 583-26-34
W 17.41 feet to an iron pin; (4) S 07-06-58 E 84.00 feet to a new
iron pin; (5) N 83-26-34 E 18.08 feet to a point, (6) with the arc
of a circular curve to the riqht z.n arc distance of 44.73 feet
(chord bearing S 53-50-44 E, chord distance 40.70 feet, radius of
30.00 feet) to a point; (7) with an arc of a circular curve to the
left an arc distance of 343.23 feet (chord bearing S 20-58-00 E,
chord distance 341.55 feet, radius 1,000.00 feet) to an iron pin,
and Ce) S 30-47-59 E 150.10 feet to an iron pin, constituting the
point and place of BEGINNING, comprising approximately 24.344 acres
(exclusive of portions located within the right-at-way of Elm Lane
West) which property is more particularly described on that certain
Survey for "Easlan capital" prepared
Surveying Company
dated May 27, 1992 ·(the "Survey"); reference to
Survey is
hereby made for a more particularized description of this Tract One
property.
Tra.ct Two
BEGINNING at an iron pin located in the westerly margin of the
one hundred (100) foot right-of-way of Rea Road (Map Book 23, Page
47) ("Rea Road"), being also the northeasterly corner of the Tract
One property described herein aboV€i thence leaving the westerly
margin of Rea Road N 35-04-39·W 218.14 feet to an iron pin
constituting the southerly corner of the Mary M. Gillespie
Property, now or formerly (Deed Book 4969, page 413)
(the
"Gillespie Properly") ; running thence with the easterly boundary of
the Gillespie Property N 29-45-24 E 1754.09 feet to a point located
within the bed of Four Mile Creek; thence within the bed of Four
Mile Creek S 44-39-09 E 68.13 feet to a point in the westerly
margin of Rea Road; thence with the westerly margin of Rea Road the
following five (5) courses and distances:
(1) with the arc of a
circular curve to the right an arc distance 110.36 feet (chord
bearing S 26-14-58 W, chord distance 110.29 feet, radius 900.00
feet) to a point, (2) S 29-45-45 W 859.10 feet to a point, (3) S
29-45-45 W 120.00 feet to a point, (4) S 29-46-02 W 254.67 feet to
a point, and (5) with the arc of a circular curve to the left an
arc distance 505.97 feet (chord bearing S 15-16-20 W, chord
distance 500.59, radius 1000.00 feet) to an iron pin constituting
the point and place of BEGINNING, and comprising approximately
3.176 acres (exclusive of the acreage within the right-oi-way of
Ringo Circle), as shown on that certain "Survey for Easlan Capital"
prepared by G.P.A. Surveying Company dated May 27, 1992 reference
to which survey is hereby made for a more particularized
description of this Tract Two Property.
c, \data\ j 1h\piper\.... lpl .191
,
'::.
,
o!
EXHIBIT B
ENTIRE PROPERTY
. at:o:r:NNINO at. • polnt., the int.er ••ct-lon of t.he center line 0:
r19ht-ot-way ot P1neville-Hat.thaw.
(He Hwy. S11 with the
lin. at the ri,ht-ot-w.y of Elm Lane
w•• t
(S.R. No. 3649)
haVing North Carolina Grid Sy.tem Coordinat•• of N 490,.'3.652, E
Thence from .a14 point of BEGINNING runninq with
th. center 11ne of the rlqht.-of-way of Pineville-Hat thews Road 1n
4
.n .... torly direction N.· 68-36-09 E. 828.17 feet to
0
point
ther-1n havlnq North Carollna Grid Syate. coordinates of N
490,775.751, E 1,455.372.159 ••oid point b.in, tho northwe.terl,
corner of tho Propooed Outporcel for Calvary Church, th.nce with
tho.we.torly boundary of the Propo.od Outporcel for Calvary
two (21 cOUrs" and distanc. . . . follow.. Il) s.
E. 1,140.00 feat. to • concrete MOnu.ent to be •• t; and
(2) S. 60-23-51 E. 1,157.71 f •• t to a point in the cent.r line at
tho'Propo.od Roa Road Exten.ion right-of-way, tho nee with the
line ot tho Propo.ed n.a Road Exten.ion right-of-way four
(41 tourlO ••nd d.lItonc. . . . follow.. III with tho arc of a
circular curvo to the right haVing e radiuo of 950.00 foet (and a
chord bearing N. 46-41-04 E. 561.11 feetl an arc distanco of
570.33 feet to a point, (21 N. 64-00-00 t. 520.00 feet to a
point, 131 with the arc of a circular curve to tho left having a
radius of 950.00 feet (and a chord bearing N. 26-00-00 E.
1,169.76 feetl an arc diotanco of 1.260.13 foot to a point: and
141 N. 12-00-00 W. 370.00 feet to a point, thenco continuing
within tha ri,ht-of-way of Propo.ed. Rea Road. Exton.ion with the
ate of a circular curve to the right having a radius of 950.00
feet! (and. a
bearing N. 00-14-46 W. 317.04 feetl an arc
d.i.tance of 3'9.77 feet to a point, thonco N. 11-30-27 E. 154.21
foet,to a point in tho conter lino of the right-of-way of
Pinovilfo-Hatthow. Road. (NC Hvy. 511 at it. point of intor.oction
with. tho contor line of tho,oxi.tinq right-of-way of Rea Road
(S.R, '6241. if extended. said point haVing North Carolina Grid
Coordinato. of N 491.650.175, E 1.457.'46.225, thonce with
the contor line of tho right-of-way of Pinevil1e-Katthew.-Road
with'tho arc of a circular curve to tho right hoving a radius of
7.100.00 foot (and. a
bearing N. 10-10-15 E. 356.23 f.etl an
arc diatance of 356.26 feet to a
in the wo.torly
of the land. conveyod to France. Webb NeWCOmbe by deed.
in De.d look 2250, Pago 141 and Deed Book 2751, Pago 331,
Mocklenburg County Public aegiltry, thence with tho we.torly
boundary of the Newcomb. land three (J) Cour••• and dlatancel
followlI III S. 05-56-4) W. cro..ing an iron pin lOt in the
oouthorly .argin of the right-of-way of Pinevillo-Matthow. Rood
(HC Hwy 511 ot 51.64 foet ond on exi.ting iron pin et 6'9.79
. t •• to·, • total 41atance of 1,001.7' t •• t t.o an eXiatlnq iron pint
(2) S. 41-36-11 E. 1.292.'1 fo.t to an exi.ting iron pin: and (3)
S. 45-12-46 E. 2,110.31 feet to an oXilting iron p1n located at
the common corner of t.he NeWCOmbe land, the land conveyed to T.
A. -fown. and vlfe, Jane R. Browne by d••d recorded 1n Book 1651,
'aqe JO', Hecklenburq County PUblic Reqlatry, and the
Wl111amlburq common area • • •hown on ••pl recorded 1n Hap Dook
19, Pa,oa 2'9, 300 and 301. Mecklenburg County Public R'gl.try:
and running thence with the welterly boundary of tho Wil1iam.burg
COmmon are. and the v.aterly bouftdary of Lot 16, the we.terly
torminu. of tho right-of-woy of Peyton Randolph ftoadand tho
w.ltarly boundary of Lota 17, 20', 21, 26, 27, 33 and 3-4 ot
Sectlon II .1 ahown on
t.hereof recorded 1n Hap
BOOk 20, Pago 70, Hap BOOk 20, Pago 43 and Hap Book 20, Paqo I,
Hecklenburq County Public Reqlltry, the follovinq ten courses And
•• : (11 S. 19-12-50 E. 241.52 foot to a point locatod ln
tho vicinity of the canter line of Four Hi10 Crook/ (2) s.
04-52-24 E. 375.00 feet to a point, lJl 'w. as.oo ron
to a point, (41 S.
feet to e polnt: lSI s. ..
41-31-24 E. 135;00 feet
an .x1lting iron pin: (61 S. 05-07-24
"0
i
i :::.
E "00 t •• t to an exi.tln9 iron pin! (7) s. 46-37-24 E. 130.00
f;et to a polnt, II) S. "-07-14 .E. 15.00 feet to • poin.. (,) S.
'7-'7-24 E. 1".00 feet to a polnt, and (101 S. 17-47-4' E.
501.30 f •• t to an exlatlnq iron pin! an4 runnlnq thence with the
v•• terly boundary of the property of JRS
Inc., (now
or formerly) the follow1nq .event••n cour••• and d.istances z (l)
S. 41-15-44 W. 104.00 faat t.o a polnt., (2) S. 07-53-14 W. 511.)]
feet to a poln., (3) S. 25-03-06 E. 127.61 feet to a poin.. (4)
S. "-31-20 W. U7.17 faat. to a point., (SI S. 06-07-51 W. 101.52
faat to a point., (6) S. 14-41-39 E. 64.34 feet to a pointl (7) S.
20-46-06 E. 37 .31 feet. t.o a point.l II) II. 12-25-27 E. 107. 44 feet
to a point, (9) S. 39-47-05 E. 199.73 faat. to a point, (l0) S.
37-49-39 E. In.U feet. t.o a pointr (11) S. 06-52-20 E. 217.49
toet. t.o a point, (12) S. 11-36-52 W. 163.10 faat to a pcint., (13)
S. 15-43-51 W. 94.41 teet. to a poin.. (l4) S. 42-30-11 E. 66.79
feet t.o a point., 11S1 S. 72-59-52 .E. 119.08 feet t.o a point, (16)
S. 04-34-53 W. 78.94 feet. t.o a poin.. and 1171 S. 67-30-19 E.
145.63 feet. t.o a concret.e monument aet. in t.he Vel terry boundary
of the land conveyed t.o Ju11ion RUlle11 Terry and vif., Sorbere
Ann Terry, by deed recorded in Deed Book 3190, Page 150,
Hecklenbur9 County Public Re9iotry, and runnin9 t.hence vit.h the
veet.erly boundary of the Terry land the tollovinq tvo (2) courleo
and diot.onceal (1) S. 08-5'-58 E. 1,905.52 f.et. to on exilt.lnq
iron pift/' and (2) S. 13-27-06 w. 434.17 feet to an axiltinq P.K.
nal1 locat.ed in t.he center line of the riqht.-of-v.y of Provid.nce
Road We.t. (S.R. 3626) '(.aid r1qht.-of-vay bainq 60 feet in vldth) ,
and runninq thence vith .aid cent.er line of .aid riqht-of-vay of
Providence Road Welt S. 71-24-45 w. 1,098.47 feet t.o a aet.
railroad Ipike, and runninq t.hence vith t.he boundarlel of t.he
land conveyed to Wil1ia. H. Trot.t.er by deed recorded in Book
4913, Paqa 157, Hecklenburq Count.y Public Reqilt.ry t.he fo11owinq
t.vent.y-tvo (221 couron and d1lt.ance.. (1) N. 61-07-49 W. '97.90
feet tq en exiltinq iron pin, crollinq an exilt.inq iron pin at.
29.55 feet, (2) N. 11-24-3' W. 38.60 feet. t.o on eXiltinq iron
pin,. (3) S. 88-07-44 W. 60.20 feet t.o on iron pin let., (4) II.
22-44-24 E. 411." feet. t.o a point., IS) N. 47-53-15 W. 192.36
feet. to a point, (61 S. 86-10-28 W. 78.66 f.et to a point, (7) N.
55-51-40 w. 430.68 feet t.o an exist.inq iron pin, (II N. 53-37-02
w. 253.70 teet to an axhUnq iron pin I (91 N. 13-32-05 W. 117."
feet t.o an exist.inq iron pin, (101 N. 56-29-25 w. 114.05 feet to
sn exiatinq iron pin, (111 II. 89-44-22 W. 338.26 feat. to sn
exi.tinq iron pinl 1121 II. 60-12-09 W. 245.24 feet to en existlnq
iron pln, (13) S. 72-15-54 W. 149.28 feet to an exiltinq iron
piAl 1141 S. 45-11-54 W. 379.70 teet. t.o a polnt, 1151 S. 37-01-23
W. 65.88 feet. 'to an exist.inq iron pin I (16) S. 02-34-24 E. 225.58
feet. t.o sn exist.inq iron pin, (171 S. 03-55-54 W. 155.87 f.et to
a polnt, (181 S. 23-06-22 W. 191.S3 feet. to on exi.tinq iron pin,
, (191 S. 32-46-03 w. 269.81 faat to en exilt.inq iron plnl (20) S.
01-28-30 .E. 174.49 feet to an existin9 iron pin, (211 S. 20-1'-27
E. 111.31, feet. to'on exi.tin9 iron pin, and (22) S. 5'-18-21 .E.
27',00 f •• t to a point marked by • concrete monument .et 1n the
cOllftOn boundary between .aie! lane! ot Will!", 11. Trotter. on the
northealt, and the land conveyed to Reqlnald S. Wallace by de.d
recorded in Book 4750, Paqe 99, Heck1enburq County Public
ne9iltry, on the .out.he•• t, .oid point hovin9 North Carolina Crid
Sy.te. Coordinate. of II 481,871.76', E 1,458,534.685, thence vith
the ne'" boundari•• of the Wallace land. throe ()) couraol And
di.tonce. a. follov., III S. 53-47-22 W. 315.16 toot to on
eXist1n9 iron pin, C2J S. 38-31-'30 W. 342.06 feet to • concrete
aonument .et, and (3) S. 54-05-51 E• • 63.22 t.et to • Concrete
aonument let 1n the northwesterly boundary 11ne ot
conveyed
t.o Andrev F. Toun9 by deod recorded in Deed Book 3918, P09_ 54'
Hecklenburq !=ounty Public
1y boundary of t.he Toun9·1&nd S.
thence alonq the north\lclter-
W. '125.00 f.et to • '
• • 10n9 the south- _
welterly boundary of the Youn9\lan4 a •. SS-41-0Q c. cro•• in9 ."
concrete
I.t 1n the northweltorly .arqln ot the
by Gn exlltinq Iron Pin.,
-2-
,
I
r19ht-of-way ot 'rovi4enc.
We.t (S.A. 3'2') at 4'1.46 te.t,
• total 41.tanc. of 521.46 te.t to a point in the center line ot
of 'rnv14enee Aoa4 We.t
3'2'), thence with
center l1ne ot Provi4ence
We.t (S.R. 36261 s. 34-20-00
w. 200.15 f •• t to a railroa4 .pike .et 1n the center line of
Providence
We.t (S.R. )626) at North Carolina Crid Sy.tem
Coordinataa H 410,513.199, r.
thanco
the
boundary of the
conveyed to 'atrick G. Scott and wite, Janet
C. Scott by
recorded 1n 'ook .'34, '.9& 731, Hecklenburq
County Public R&ql.try two (2) cour••• and di.tances a.
III "N. 55-43-00 W. 520.11 taot to an
iron pin. and 1:1
S. 34-10-00 N. 50.00 toot to on oxiatinq iron pln. thenco
contlnulnq with the boundary of the Scott Land Ind with the
nor\h••nterly boundary nf
lAnd conveyod to Hicha.l J. a.qley,
aishop of the Roman Cathol1c'Diocese of
by deed
recorded in Doed Book 4121, .&ge '61, Hecklenburq County rublic
N. 55-45-00 w. 325.:0 toet to an iron pin-oot in tho
propooed eouthorly marqin ot the laO-foot riqht-of-wfty of
Providence Road W.at Ext.n.ion, thence with the propoled
aouthor1y .arqin ot tho riqht-ot-vay ot Provide nco
West
txtonoion S. 15-05-00 W. 1555.35 taat to a point .arkod by an
iron pin .ot in tho oaotarly morqin ot \ho riqht-of-vsy of El.
Woot (S.R. 31491
point havinq Horth Carolina Grid
Iy.tem Coordinatoo of H. 410,111.432, E. 1,451,410.433, thenco
vith the oa.t.r1y .arqin
ot Eln Lano Woot
31491 H. 24.21-19 w. 414.25 toet to a point aorxod by an
oxi.tinq iron pin, .aid point havinq North Caro1ino Grid $y.tea
Coordinat•• ot H. 411,050.415/ E. 1,451,214.114, thenco S.
11-49-40 W.
toot to a r.ilroad opixo .et in tho contor lino
ot the riqht-ot-vay ot El. Lano Woot (S.R. 31491 hovinq North
Carolina Grid Iyotoa Coordinate. ot H 411,049.111, E
1,451,232.551, thonco vith tho Contor lino ot tho riqht-ot-vay of
Elm Lono Woot
31491 .ixtoen 1111 courooo ond dietoncoo 00
tollowlI III N. 24-10-19 oW. 6IB.OI toot to a point/ 121 vith tho
arc of. • circular curve
left hav1nq a radiul of
toot (and a chord
H. 32-49-19 w. 310.51 toatl an arc
di.tanco ot 311.'1 teet to a point/ (31 N. 41-21-19
CTo•• inq a
railroad .piko .ot at North Carolina Grid Syotem Coordinata. M
411,"'.4'1/ r. 1,455,144.11' at 12.24 tcot, a total d!.tanco of
1,291.'1 foot to a railroad .pike/ (41 vith the are of a circular
curv. to tho riqht havinq a radiuo ot 159.19 teet (and 0 chord"
boarinq N. 21-50-31 W. 351.04 footl an arc diotonco ot 311.44
toet to a railroad 'pika/ .(51 N. 14-12-44 W. croo.inq •
opiko at tho point ot intor.oction ot tho conter line ot the
riqht-ot-vay ot Eta Lano Wo.t (S.R. 3149' vith tho centor line of
tho
of Endhavon Lano IS.R. 31411 lif oxtendadl at
311.31
a total di.tanco ot 1,521.24 toet to a railroad
.piko/ III H. 13-51-21 W. 423.05 toot to a point, 111 N. 14-41-1'
W.
toot
a pOint/ III H. 14-31-11 W. 95.H teot to a
point/ 1'1 N. ll A H-JI W. 100.00 toot to a point, 1101 N.
01·'5-11 W. 100.00 foot to a point, 1111 H. 02-35-44 E. 100.00
toot to a point/ 1121 H. 11-20-24 E. 100.00 teet to a point/ lUI
N. 11-24-44 E. 100.00 t.et to a point, 1141 N. 11-51-04 E. 100.00
toot to a point, (151 N. 20-35-34 E. 143.11 tact to a point/
(111 N. 20-49-51 E. 211.31 teet to a railroad opika/ and runninq
I. 12-24-41 E. 31.24
to an oxistinq iron pin located
on or near tho ea.terly mar91n of the rlqht-of-way ot E1. Lane
No.t/ ond runninq thonco S. 59-51-01 E. 31.93 foet to an axiotinq
iron pin locatod on the .outhveoterly boundory ot the land of
Hary Hay K. Gilleapie (nov or formerly) ••• hown on
thereot
recorded 1n Hap
20, Pa98 .21, Mecklenbur9 County Public
ReqlatrY1 and runnln9 thence with the
boundor1 o!
tho Ci11eopio Land S. 10-14-42 E.
taet to a concreto
.anum.At ,.It, an4
t.henca H. 2'-4'-18 E. cro •• lnq_
.cnument. oet at 1,031.51 feet and
teet, a total
of 1.749.13 teet to·. point, .aid point baing located nt
the center lIne of Four "Hl1. Creek, runninq
with the
-]-
center lIne ot Four K11e. Cr•• k the follovinq thirteen (131
cour ••• and dl.tanc...
(11 H. 43-39-34 W. 1'.10 feet to • pointl
\2f H. 73-40-34 W. 1n.00 feet to a point, 131 H. 40-37-34 w.
111.30 f.at to a point, (4) H. 01-23-34 W. 110.'0 f.et to a
•
polnt, IS) N. 71-0'-34 N. 136.00 f •• t to a point, (6) s. 70-15-.6
W•. 14'.OO fe.t to a point, (7) H. 73-49-34 N.
fe.t to a
polnt, III S. 14-06-26 W. 111.40 faat to a polnt, (,) S. n-11-:'
w. 127.50 fe.t to a polnt, 1101 S.
w. 71.50 foot to a
po!.nt, 1111 I. "-"-26 w. 311.60 fa.t to a polnt, 1121 S.
74-10-16 N. 117.70 faat to a polnt, CUI H. 56-03-34 W. 176.00
! •• t to • point .arked by a railroad .pika .at 1n a
ov"r
o.ld rour Hl1. Cro.k, Illd polnt b.lnq In tho c.ntor l1no ot tho.
rlqht-of-woy of El. Lano HOlt In.R. 36491, and runnlnq wlth tho
contnr lIn. of tho. rlqht-of-w.y of El. Lano W.lt CS.R. 36491 tho.
followlnq thlrtaon couro. . .nd d1atanceo, III H. 47-45-20 E.
256.27 fa.t to a pointl (21 wlth tho. orc of • circular curv. to
tho 1.ft hovlnq • radlul of 369.17 fl.t lond 0 chord boarlnq H.
21-55-52 E. 231.24 f.atl an arc d!atanco of 242.51 foot to a
polntl (31 wlth the arc of a clrcular curvo to tho loft havlnq a
rodiuo of 1,106.53 font (and a chord b.lrinq II. 08-07-29 E.
124'." f•• tl an arc d1stanco of 124.91 foot to a pointl (41 N.
06-08-34 E. 25.00 f •• t to a POintl (51 .vith tho. arc of a circular
curvo to tho. l.ft havinq a rldiua of l,!93.4' f.ot (Ind a chord
baorinq
04-42-20 E. 100.00 f •• tl an arc diltanco of 100.01
foot to a pointl 161 N. 03-16-06 E. 100.00 f •• t to a point, C"1
with the arc nf a circular cur'8 to the l.tt havlnq a radius
618.67 feet (and a chord boarinq II. 04-41-35 w. 171.38 feetl an
arc diltanc. of 1'1.93 fo.t to a point, C81 N. 12-39-16 H. 757.63
f •• t to • point, crooainq an .xiatinq nail ot 731.98 font, (91
with the
ot a circular curve to the left havtnq a radiul of
2,007.00 foot (and a chord bn.rinq N. 1'-00-18 w. 444.00 footl an
arc diatanco of 444.91 fo.t to a point, (10) with the arc of a
circular curvo to tho right havinq a radiuo of 700.00 foet land a
chord bearinq N. 17-13-20
198.07 footl an arc diotanco of
1'8.73 feot to a point, Cll) N. 09-05-21 N. '3.44 foet to a
point, (121 with tho. arc of a circular curvo to the latt havinq a
radiua ot 2,864.79 f.et C.nd a chord b.arinq II. 11-2'-21-",
229,94 fe.t) .n arc diatanc. of 230.00 f •• t to a point, and (131
N. 13-41-21 N. 7.07 foet to tho. BEGINHING .nd containinq
1109.4795 acree a. ehown on a boundary aurvey .ntitl.d, 'PIPER
CLEII" prep.red tor L. Glenn T.rr.ll, Truatee, Owner, by General
surveyora , P. A. (Shoet. I, 2 and 31 dated rebruary 17, 1986.
TOGETHER WITH allot Grantor'. rlqht, titl. and interest 1n and
tOI
(11 thot certain .RIGHT or
recorded 1n Book 5064, P&ge
N/D
EASEMENT AGREEMENT
Hecklenburq County Public
Reqhtry, and (21 that c.rtdn ROADliAY AIlD EASElIENT l\GRF.EHEtIT
between L. alenn Terrell, Trustee, an4 Calvary PresbyteriAn
Church, Unoffiliat.d dat.d April I, 19"
M.ckl.nburq County Public Reqiatry.
and dUly rocor404 1n tho.
•
EXHIBIT C
NONE
State of North Carolina. County of Mecklenburg
Evelyn
-=- B. Stevens
The foregoing certificate(s) of
_
Notary(ies) Public is/are certified to be correct.
This
January
By:
93_.
.19 _
Deputy Register of Deeds
!
,
i
I
, , ,,