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.