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DOCUMENTS &
FORMS
Disclaimer:
This document is made available solely for general informational purposes. The Oxxford Hunt Community Association makes no representations or warranties as to the accuracy of this information or its legal significance. The information furnished through this medium should not be construed as a certified copy. In situations in which the accuracy and reliability of the information contained in these records is of paramount importance, the user is cautioned not to rely on information made available through this medium, but instead to obtain copies of the record certified as true and correct by the Oxxford Hunt Community Association or its management company, Omega Management, Incorporated.
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DECLARATION OF PROTECTIVE COVENANTS
FOR BRIGHTON WOODS SUBDIVISION, PHASES I & II
THIS DECLARATION OF PROTECTIVE COVENANTS BRIGHTON WOODS SUBDIVISION PHASES I & II (hereinafter referred to as the "Declaration" is made this 22nd day of June, 1992 by PULTE HOME CORPORATION, a Michigan Corporation, by and through Robert L. Kosnik, its duly constituted and appointed Attorney-in-Fact (See Power of Attorney recorded in Book 5149, Page 221, Wake County Registry), hereinafter referred to as "Declarant"; and approved by OXXFORD HUNT ASSOCIATES, a North Carolina Partnership, hereinafter referred to as either "Master Covenants Declarant" or "Oxxford Hunt Associates".
WITNESSETH
WHEREAS, the Declarant is the owner of all of the real property described in Article I of this "Declaration" which said real property was heretofore subjected by deed dated the 16th day of October, 1991 and recorded in Book 5013, Page 215, Wake County Registry, to the terms and provisions of that certain "Declaration of Covenants and Restrictions of the Oxxford Hunt Community Association and Oxxford Hunt Associates, a North Carolina Partnership" dated the 10th day of October, 1985 and recorded in Book 3622, Page 332, Wake County Registry, as amended and modified (hereinafter referred to as the "Master Declaration"); and
WHEREAS, OXXFORD HUNT ASSOCIATES (hereinafter referred to as "Master Declarant"), is the Declarant named in the aforedescribed "Master Declaration" recorded in Book 3622, Page 332, Wake County Registry, and all amendments and modifications thereto, and executes this "Declaration" solely for the purpose of approving this "Declaration" as to form and content; and
WHEREAS, Declarant is desirous of subjecting all of the property described in Article I of this "Declaration" to all of the terms and provisions of the "Master Declaration" recorded in Book 3622, Page 332, Wake County Registry, as amended and modified; and
WHEREAS, Declarant is desirous of subjecting all of the property described in Article I of this "Declaration" to the protective covenants (hereinafter referred to as the "Protective Covenants") hereinafter set forth, each of which is and are for the benefit of such real property and for each owner thereof, and their heirs, successors and assigns, and each of which shall inure to the benefit of and shall pass and run with the title to said property and each and every lot or parcel thereof, and each of which shall apply to and bind each and every owner thereof and any successors in interest of any owner or owners thereof.
NOW, THEREFORE, the Declarant hereby declares that the real property described in and referred to in Article I of this "Declaration" is and shall be held, transferred, sold and conveyed subject to all of the rights, obligations, terms and provisions of that certain "Declaration of Covenants and Restrictions of the Oxxford Hunt Community Association and Oxxford Hunt Associates, a North Carolina Partnership" (hereinafter referred to as the "Master Declaration")recorded in Book 3622, Page 332, Wake County Registry, as amended and modified, which said terms and provisions are incorporated herein by reference.
The Declarant further hereby declares that the real property described in and referred to in Article I of this "Declaration" is and shall be held, transferred, sold and conveyed subject to all of the terms and provisions of this "Declaration" and the "Protective Covenants" set forth below.
The Declarant further hereby declares that each of the rights, obligations, terms and provisions of said "Master Declaration" and of said "Protective Covenants" shall run with the title to said real property, or any part thereof, and shall be binding upon and shall inure to the benefit of the present owner, and any and all future owners, their heirs, successors and assigns.
The real property which is and shall be held, transferred, sold and conveyed subject to all the terms and provisions of the "Master Declaration" and the "Protective Covenants" set forth in the Articles of this Declaration of Protective Covenants for Brighton Woods Subdivision, Phases I & II, is located in the Town of Cary, County of Wake, State of North Carolina, and is more particularly described in the attached Exhibit "A" which is incorporated herein by reference. Said real property is hereinafter referred to as the "property" and the residential lots depicted on any recorded plat of the "property" are hereinafter referred to as the "lot" or collectively as the "lots". "Brighton Woods Subdivision" is hereinafter referred to as the "subdivision".
No real property other than the real property described in this Article I shall be deemed subject to the terms and provisions of this "Declaration" until specifically made subject thereto. The Declarant may, from time to time, subject additional property to the terms of this "Declaration" and to the "Protective Covenants" herein set forth by appropriate reference hereto.
The property described in Article I hereof shall be known and described as residential lots (hereinafter referred to as "lot" or as "lots"). No building (except as permitted under Article VI hereof) shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two (2) stories in height (exclusive of basement and attic).
Unless prior architectural approval is obtained pursuant to Article XII hereof, all dwellings constructed on lots in the subdivision shall have an enclosed area of the main structure, exclusive of one-story open porches and garages, of at least One Thousand One Hundred (1,100) square feet for a one-story dwelling and of at least One Thousand Two Hundred (1,200) square feet for a two-story dwelling.
Notwithstanding any note on any recorded map showing lots subjected to this "Declaration" to the contrary, no dwelling shall be erected on any lot nearer to:
- The front lot line than twenty feet (20'), provided that on corner lots any dwelling erected on such corner lots may face either street and may be located not nearer than twenty feet (20') to one street if the same is at least twenty feet (20') from the other street;
- The rear lot line than fifteen feet (15') for all lots depicted on any recorded plat which do not have a "25' UNDISTURBED BUFFER" or a "30' STREETSCAPE BUFFER" across the rear of such lots;
- The rear lot line than forty feet (40') for all lots depicted on any recorded plat which do have a "25' UNDISTURBED BUFFER" across the rear of such lots;
- The rear lot line than forty feet (40') for all lots depicted on any recorded plat which do have a "30' STREETSCAPE BUFFER" across the rear of such lots; and
- The side lot line than five feet (5') provided that the aggregate of the side yards between dwellings erected on adjoining lots is not less than ten feet (10') and the distance between dwellings erected on adjoining lots is not less than ten feet (10').
For the purpose of this ARTICLE IV, eaves, chimneys, steps, and open porches shall not be considered as a part of the dwelling, provided, however, that this shall not be construed or interpreted to permit any portion of a dwelling on a lot to encroach upon another lot.
Declarant reserves the right without prior approval of either the Town of Cary, the "Master Declarant", or any Architectural Review Board or Architectural Control Committee of the Oxxford Hunt Community Association, to waive any minor violation or violations of the front, rear, sidestreet (corner lot), and/or side line setback requirements for a lot so long as the placement of the dwelling on such lot is in full compliance with the applicable setback requirements of the Town of Cary, North Carolina for such lot. For all purposes of this section, a minor violation shall be deemed to be a violation not in excess of twenty percent (20%) of the setback requirements hereinabove established in this ARTICLE IV. In the event of violation in excess of twenty percent (20%) of one or more of the above setback requirements for a lot, Declarant reserves the right, with the written approval of the Town of Cary, North Carolina, to waive such violation or violations as to such lot, provided such violation or violations do not violate the minimum setback requirements of the Town of Cary, North Carolina, if any, for such lot. Upon the execution and recordation of such waiver of setback violation or violations in the office of the Register of Deeds of Wake County, North Carolina, such violation and/or violations shall not thereafter be deemed existing as to such lot.
A single-family dwelling may be erected or placed on all of the lots as shown on the recorded plat or plats described in ARTICLE I of this "Declaration" regardless of the width of the lot at the minimum front building set back line or area in square feet. There shall be no re-subdivision of any lot shown on the recorded plat or plats described in ARTICLE I of this "Declaration" without the express written consent of Declarant, its successors or assigns.
No noxious or offensive trade or activity shall be carried upon any lot or upon any part of the property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No trade materials or inventories (other than the materials for the construction of dwellings and other approved structures on the lots) may be stored upon the property or the lots.
No rubbish, trash, or unsightly materials of any kind may be stored , regularly placed, or allowed to remain on the property or lots. Each lot owner shall, at such lot owner's own expense, provide receptacles for garbage in an area of such owner's lot which is not visible from the front of the dwelling located on such lot.
No business activity or trade of any kind whatsoever (which shall include but not be limited to the use of any residence as a doctor's office or professional office of any kind, a fraternity house, a rooming house, a boarding house, an antique shop or gift shop, a hair dresser's shop, or a barber shop) shall be carried on upon any lot; provided however, upon the prior approval of the Declarant, and upon such terms and conditions specified in the approval, a dwelling or temporary trailer on one or more lots may be utilized as a temporary model home and/or sales facility. Except with the prior written approval of "Declarant" or the Architectural Review Board (established inArticle VII of the "Master Declaration"), which approval may be withheld by Declarant or the Architectural Review Board for any reason, no communication tower or antennae, television antennae, radio antennae, television tower, or satellite dish of any kind shall be erected or placed upon any lot.
No commercial motor vehicles or trailers (other than commercial automobiles and commercial pick-up trucks used by owners of lots in their profession, trade or employment and parked on the lots by said owners after work and other than vehicles and trailers used in connection with the construction of the dwellings on the lots), tractors of any kind, or inoperable private motor vehicles of any kind may be stored, regularly placed, or allowed to remain on the property or lots.
No trailer (except temporary construction and/or sales trailers approved pursuant to ARTICLE VI hereof), mobile home, tent, shack, or barn shall be erected or placed or permitted to remain on any lot. No travel trailers or other recreational vehicles and/or boats shall be stored on any lot.
A storage shed may be placed at the rear of each lot upon the following terms and conditions:
- Written approval by the Architectural Review Board of the Oxxford Hunt Community Association of the plans and specifications for such proposed storage shed or of a photograph and plot plan showing the proposed dimensions, location and particulars for such proposed storage shed has been obtained; and
- No storage shed or other building may be placed in any "UNDISTURBED BUFFER" or "STREETSCAPE BUFFER" depicted on any recorded plat(s) of the lots.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets (not to exceed four (4) such household pets at any one time) may be kept on any one lot. Such dogs, cats or other household pets shall not be bred or maintained for any commercial purposes.
No lot or any portion thereof shall be dedicated or used as a public street without the written consent of the Declarant, its successors or assigns.
No hedge or screen planting shall be planted or erected or permitted to remain on any lot nearer to the front lot line of such lot than the front of the dwelling erected on such lot.
ARCHITECTURAL APPROVAL. No building, fence, wall, mailbox, storage shed, fence or other structure shall be erected, placed, altered or permitted to remain on any lot until all of the provisions of Article VII of the "Master Declaration" recorded in Book 3622, Page 332, Wake County Registry, as amended and modified, have been complied with.
Enforcement of these "Protective Covenants" shall be by proceedings at law or in equity against any person, persons, entity or entities violating or attempting to violate any covenant contained herein and such proceeding may be either to restrain any such violation(s), to recover damages for such violation(s), or both. The law of the State of North Carolina shall govern the terms and provisions of this "Declaration" and such shall be construed and interpreted in accordance with the law of the State of North Carolina.
Invalidation of any one or more of the terms and provisions of this "Declaration" by judgment or court order shall in no way affect any of the other terms and provisions of this "Declaration", which said unaffected terms and provisions shall remain in full force and effect.
The terms and provisions of this "Declaration of Protective Covenants for Brighton Woods Subdivision, Phases I & II" (and as may hereafter be amended) shall run with the land and shall be binding upon all parties and all persons claiming under said "Declaration" for a period of twenty-five (25) years from the date this instrument is recorded in the Office of the Register of Deeds of Wake County, North Carolina, after which time said terms and provisions of this "Declaration" shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots covered by this "Declaration" (as amended) has been recorded in the Office of the Register of Deeds of Wake County, North Carolina, agreeing to change said "Declaration" in full or in part.
The terms and provisions of this "Declaration" may be modified and/or amended at any time by the agreement of at least two-thirds (2/3) of the record owners of the lots covered by these "Protective Covenants" at the time of such agreement; provided, however, that as long as Declarant owns any lots or property which are subject to this "Declaration" or any land shown on the Master Plan for Oxxford Hunt Planned Unit Development intended for future subjection hereto, such modification shall not become effective until approved in writing by Declarant and by Oxxford Hunt Associates, a North Carolina Partnership (the "Master Declarant").
Any such modification and/or amendment to this "declaration" shall not become effective until the date upon which all of the following events have occurred: (1) such modification and/or agreement has been reduced to writing, and (2) such modifications and/or agreement has been signed by at least two-thirds (2/3) of the record owners of the lots covered by this "Declaration" (as may be hereafter amended) at the time of such agreement, and (3) such modification and/or agreement, if required, has been signed by Declarant and "Master Declarant", and (4) such written modification and/or agreement has been recorded in the Office of the Register of Deeds of Wake County, North Carolina.
Declarant reserves the right to subject any of the property described in ARTICLE I of this "Declaration" to a contract with Carolina Power and Light Company for the installation of underground electric cables and/or the installation of street lighting, either or both of which may require an initial payment and/or a continuing monthly payment to Carolina Power and Light Company by the Owner of each lot. Declarant further reserves the right to subject any of the property described in ARTICLE I of this "Declaration" to contracts with utility companies for the installation and maintenance of utilities to service the lots.
IN TESTIMONY WHEREOF, Pulte Home Corporation, a Michigan Corporation, by and through Robert L. Kosnik, its attorney-in-fact, has caused this instrument to be executed in its name by its said attorney-in-fact, the day and year first above written.
Being all of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 29, 30, 31, 32, 33, and 34 and all of the street named "Solstice Circle (a 40' right of way)" as depicted on that certain plat of survey by Sullivan Survey Company dated January 30, 1992 entitled "BRIGHTON WOODS, PHASE I, CARY, WAKE COUNTY, NORTH CAROLINA", as recorded in Book of Maps 1992, Page 248, Wake County Registry, North Carolina.
Being all of Lots 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, and 28 and all of the street named "Solstice Circle (a 40' right of way)" as depicted on that certain plat of survey by Sullivan Survey Company dated February 26, 1992 entitled "BRIGHTON WOODS, PHASE II, CARY, WAKE COUNTY, NORTH CAROLINA", as recorded in Book of Maps 1992, Page 538, Wake County Registry, North Carolina.
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