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WHEREAS, the undersigned are the owners of a parcel of land containing approximately 673 acres lying on the headwaters of Wolf Creek and Hothouse Creek, Hothouse Township, Cherokee County, North Carolina, more particularly described on plat by W. G. Davis, R.L.S., recorded in Cabinet A, Slide 86, in the office of the Register of Deeds for Cherokee County; AND WHEREAS, it is the plan of said owners that said lands will be subject to certain Covenants and Restrictions, and that future purchasers from said lands shall enjoy certain rights as hereafter set out; NOW, THEREFORE, for the protection of the owners any portion of said lands the same shall be subject to conditions, reservations, covenants and agreements which shall run with the lands as follows: 1. A non-exclusive road and utilities easement is reserved on all roads in the subdivision for the benefit of Grantor, his heirs and assigns, for ingress, egress and regress to all lots in the subdivision and for the benefit of other lands owned or designated by Grantor. All lot owners are hereby granted a non-exclusive road and utilities easement over roads in the subdivision to the public highway as a permanent means of ingress, egress and regress to their lot or lots. The main road into Wolf Mountain Estates shall have an easement of 60 feet in width, 30 feet each side of the centerline thereof and all other roads in Wolf Mountain Estates shall have an easement of 40 feet in width, 20 feet each side of the centerline thereof. 2. All lots are conveyed subject to a blanket easement given by grantors to Blue Ridge Mountain Electric Coop which easement was required by said Coop as a condition to obtain their agreement to make electricity available to the subdivision. 3. The affairs of the subdivision will be governed by an association of the owners to be known as “Wolf Mountain Estates Owners Association”. Each lot, whether owned by grantors or a purchaser, shall constitute as membership and the owners of said lot shall be entitled to one vote in the affairs of the development. All owners are required to be members of the association. The members of the association shall meet annually on the first Saturday in July at 1:00 PM at some place in the subdivision for transaction of association business and for election of officers and a road maintenance committee of three owners. All matters before the association will be determined by vote of a majority of memberships represented at each meeting. The maintenance committee as well as a president, a secretary and a treasurer shall be elected annually. Special meetings may be called by the president on at least two weeks notice to all members by first class mail address to the last known address of each owner. 4. The subdivision roads have not been accepted by the N.C. Department of Transportation into the public road system. The grantors will perform road maintenance until December 31, 1990, but thereafter property owners will be responsible for maintenance and repairs of roads. The maintenance committee elected by the association will be empowered to arrange for such maintenance and repair and to determine fair apportionment of maintenance costs. By purchasing a lot in the subdivision each purchaser agrees to pay a fair share of maintenance costs. 5. Mobile homes and pre-manufactured homes are not allowed in the subdivision: (a) Constructed dwelling must contain at least Twelve Hundred (1200) square feet of enclosed floor space; (b) Recreation vehicles and travel trailers may be used as a residence if permanent dwelling is under construction; but construction must be completed within 1 year from start of construction, and property owners may use a recreational vehicle or travel trailer on their property for a weekend stay or a vacation not to exceed two weeks in a row at which time the recreational vehicle or travel trailer will be removed by said owner from the property; (c) Only single family residences will be permitted in this subdivision; (d) Concrete block or poured foundations must be covered with stucco, stone, or painted; (e) Before construction begins, owners should cut driveways and an auxiliary parking area sufficient to keep construction vehicles off of the roadways, so as not to block ingress and egress on any main thoroughfares; (f) Satellite dishes should be small and out of line of vision from the main road. Older, larger dishes should be obscured or hidden by landscaping, such as hemlock trees or some similar evergreens. 6. No inoperable vehicle or vehicle without current registration and licensing will be allowed to remain on premises. 7. Each dwelling shall be equipped with septic tank and field lines that conform to the sanitation and health laws of Cherokee County, North Carolina and the State of North Carolina. Installation of said septic tank facilities shall be the responsibility of the property owner. No outdoor toilets shall be erected or maintained on any premises. 8. No livestock including Cattle, Mules, Horses, Sheep, Hogs or Goats may be kept in the subdivision. 9. No commercial activities shall be carried on anywhere in the subdivision, particularly no auto repair business; and no real estate signs shall be allowed to be placed on any property in the subdivision. 10. Each property owner shall be responsible for providing his own water supply. Installation of said water supply shall conform to the sanitation and health laws of Cherokee County and the State of North Carolina. 11. Each property owner shall provide proper containers for garbage. Containers shall be kept in areas not generally visible from the road. Garbage containers and storage shall comply with all sanitation and health laws. No lot shall be used or maintained as a dumping ground for trash or garbage. Each property owner shall be responsible for the disposal of his own garbage and trash. 12. Two, Three or Four wheel motor cycles may not be operated on subdivision roads, unless licensed. 13. Any aggrieved lot owner shall have the right to petition the courts for injunctive relief against violators of these covenants and restrictions or to enforce its provisions. 14. The instrument may be amended at any time by instrument in writing signed by persons owning a majority of lots in the subdivision. So long as they own a majority of said lots grantors may amend same without joinder of purchasers. Thereafter determination of a majority shall include lots owned by grantors. To be effective such amendment shall be signed and acknowledged in the manner required for execution of deeds and recorded in the office of the Register of Deeds for Cherokee County, North Carolina. The signatures of spouses who are not owners will not be required. IN TESTIMONY WHEREOF, the grantors have hereunto affixed their hands and seals, this the 8th day of April 1988. |