PROTECTIVE
COVENANTS
BRIGANDS’ BAY
DEVELOPMENT
Brigands’ Bay
Developers, Inc. does by this instrument declare
and make known the following covenants and
restrictions which are to run with the land
hereinabove designated and shall be binding upon
all parties and persons claiming under them:
1. That the fee
simple title to the streets, roads, lands,
canals, private areas shown on said plats
hereinabove designated as “Brigands’ Bay” is
reserved unto the Declarant
for the use and benefit of itself, its
successors and assigns; and an easement for the
purpose of drainage and (he construction,
installation and maintenance of utilities,
roads, and for the purpose of ingress and egress
to and from the lots and roadways is retained by
the Declarant over
and upon the ten
(
10) feet of each
parcel of land abutting streets and roadways.
2. No lots shall
be used or occupied for the manufacture or sale
of any articles or for any commercial purpose of
any kind or character whatsoever, or for the
carrying on of any business, for a hotel, motel,
rooming or boarding house.
3. Lots shall be
used exclusively for residential purposes and no
more than one residence shall be erected on any
of the lots, but when one owner acquires two or
more adjoining lots, then and in that event, the
adjoining one or more lots may he used as one
building site in which event the side line
easements referred to herein shall apply to the
outside perimeter property line of the combined
lots acquired by said one property owner. No lot
may be resubdivided
without the written joinder
of Brigands’ Bay Homeowners’ Association, Inc.,
and under no circumstances may a lot be
resubdivided for
the purpose of creating additional lots.
4. No structure
of a temporary character, including but not
limiting thereto, trailer of any kind, tent,
shack, garage, barn, or other outbuilding shall
be used or allowed on any lot at any time either
temporarily or permanently, except such
temporary structures as may be necessary for the
storage of materials or the convenience of
workmen during the erection of residences upon
said lands, and such temporary structures as may
he required by Declarant
during the period of development and sales, No
temporary structure provided for the Storage of
materials or the convenience of workmen shall he
used on any lot at any time as a residence
either temporarily or permanently.
5,
In order to preserve a
desirable beauty and to protect purchasers of
this property from having undesirable types of
architecture placed on abutting properties with
the consequent depreciation to the whole, no
residence, improve-ments
or alterations on said premises shall be
constructed or started until the construction
plans and specifications and a plan showing the
location of the structure on the lot have been
submitted in writing and approved by Brigands’
Bay Homeowners’ Association, Inc.
,
its successors or
assigns, and evidenced by the approved copy of
such plans and specifications left in the
permanent possession of the Brigands’ Bay
Homeowners’ Association, Inc. Any additions to
such premises, including fencing, will require
like additional approval.
6. Brigands’ Bay
Homeowners’ Association, Inc.,
is hereby designated to approve the design and
construction of all bulkheads constructed on any
lot fronting on water or canals.
7. The ground
floor of a residence, exclusive of porches and
garages, shall not be less than 600 square feet
for a one-story dwelling, or less than 500
square feet for a dwelling of more than one
story.
8. The exterior
of any residence or other improvement or
alteration must be completed within six (6)
months of the commencement of construction of
said residence, alteration or improvement in
accordance with the construction plans and
specifications as approved by Brigands’ Bay
Homeowners’ Association, Inc.
9. No structure
shall be used at any time either temporarily or
permanently as a residence until the exterior is
completed in accordance with Paragraph 8 above
and all sanitary facilities are fully operative.
10. No lot
may be used as a street, lane, way or easement
over which access might be obtained to adjacent
properties (whether within or without “Brigands’
Bay”) without the specific written consent of
Brigands’ Bay Homeowners’ Association, Inc.
II. No sign of
any kind shall be displayed on any lot except
one (I) professional sign of not more than one (l)square
foot, one (I) sign of not more than five (5)
square feet advertising the property for sale or
rent, or signs used by
Declarant to advertise lot sales in the
development.
12. No
noxious or offensive activity shall be carried
on upon a lot, nor shall anything be done
thereon which may be or may become an annoyance
or nuisance to the neighborhood.
13. No
animals, livestock, or poultry of any kind shall
be raised, bred, or kept on any lot, except that
dogs, cats or any household pets may be kept
provided they are not kept, bred or maintained
for any commercial purpose.
14. All
service utilities, fuel tanks, woodpiles and
trash and garbage accumulations are to be
enclosed within a fence or wall of a type and
size approved by the Brigands Bay Homeowners’
Association, Inc., so as to preclude the same
from causing an unsightly view from any highway,
street, or way within the subdivision, or from
any other residence within the subdivision.
15.
All wells and toilet
and sewage units installed upon said property
shall he in accord with the rules and
regulations of the North Carolina Department of
Health, and shall he located upon said lands in
positions approved by the Brigands’ Bay
Homeowners’ Association, Inc. and said Health
Department. No outside toilets will be permitted
under any circumstances.
16. All
buildings, structures and appurtenances shall be
maintained in a suitable state of repair; and in
event of destruction by fire or other casualty,
premises are to be cleared and debris removed
within 90 days from date of casualty.
17. Walls
and fences shall be ornamental in character and
may not extend into a front yard any further
than the front setback line of the house.
18. No
structure or pier shall be erected or placed on
any lot fronting on water which extends beyond
the property line into said water.
19, No building
or structure, including porches, shall be
erected or placed on any lot closer than eight
(8) feet from the side line of such lot, nor
closer than twenty (20) feet from any street or
road shown on the referenced plat. For the
purposes of this paragraph, the side yard of any
lot is that portion of the lot immediately
adjacent to the property line defining the
longer dimension of the lot.
20. Enforcement
of these covenants may be by the
Declarant or any
owner in the subdivision, either for equitable
restraint against the violation thereof, or at
law for damages by virtue of such violation, and
the invalidation of any one of the conditions
and restrictions shall in no wise affect any
other of such provisions, all of which shall
remain in full force and effect,
21. The
Declarant does
hereby assign and transfer those rights of
approval heretofore reserved unto
itself on lots which
may have been heretofore conveyed prior to this
Amended Declaration of Protective Covenants to
Brigands’ Bay Homeowners’ Association, Inc., its
successors and assigns.
22. The foregoing
conditions, reservations, easements and
restrictions shall run with the land and be
binding upon all purchasers of sites In said
subdivision covered by these restrictions and
upon all persons claiming under them until
January 1, 1990, at which time the said
conditions, reservations, easements, and
restrictions shall automatically be extended for
further successive periods of ten (10) years
each unless, by vote of the then owners of
record of a majority of the sites shown on said
plat acting by and through the Brigands’ Bay
Homeowners’ Association, Inc.; it is agreed, on
or before such expiration dates, to change the
said conditions, reservations, easements, and
restrictions, in whole or in part. The
Declarant does
hereby agree that only owners of those lots
which have passed from
Declarant’s control shall be eligible to
vote on matters coming within the purview of
this paragraph. Lots owned by
Declarant shall not
be eligible to vote.