New Forest Mountain - The Finest in Exclusive Homesites

NORTH CAROLINA
RUTHERFORD COUNTY

PROTECTIVE COVENANTS
NEW FOREST MOUNTAIN
SECTION VII

A. PREAMBLE

David V. Robinson, herein after referred to as "DEVELOPER", (which term includes his successors, assigns, and nominees of Developer), is the owner of all tracks in New Forest Mountain.

    WHEREAS, The developer has established a plan for the improvement, development and maintenance of New Forest Mountain and certain other lands of the Developer and is desirous of improving, developing, and maintaining, and in every way preserving the natural beauty of New Forest Mountain in accordance with said plan.

    WHEREAS, Developer is desirous of impressing and placing certain covenants, restrictions, limitations, reservations, and servitude's upon the ownership, improvement, use and occupancy of each of the tracts in New Forest Mountain to insure the improvement development and maintenance of New Forest Mountain in accordance with the plan. which covenants, restrictions , limitations, reservations and servitude's shall run with the title of each of the tracts and shall be binding upon each tract.

    NOW, THEREFORE, the developer and the other persons executing this instrument do for themselves, their grantees, successors and assigns, establish the following covenants, restrictions, limitations, reservations, and servitude's upon each of the tracks on the mountain and on the ownership, use and occupancy thereof.

    B. PROTECTIVE WILDLIFE COVENANTS.

1. New Forest Mountain, part of the chain of the oldest mountains in the world, possesses great natural beauty, with an abundance of flora and fauna, many of which are on the endangered species list. The effort of the developer is to protect and preserve this natural beauty for the benefit of the tract owners. To that end the developer hereby declares that New Forest Mountain is a private bird sanctuary, and a private wildlife preserve, for the exclusive use of the tract owners, their heirs and assigns and guests. Hunting, or trapping of any of the birds and animals found on or frequenting New Forest Mountain is strictly prohibited.

2. No building or structure of any kind whatsoever other than a single dwelling house, and a guest house, shall be erected on the property, and any such dwelling house shall be used for residential purposes only. The owner of any lot within the property may not further subdivide any of the numbered lots shown on the initial plat or any supplemental plat unless the subdivided lot is at least three (3) acres in size. Nothing herein contained shall prevent the Developer or any other lot owner from merging two or more contiguous lots into a single lot, provided that if there shall be a requirement to pay assessments as set forth herein, such requirement shall continue to bind both lots as separate lots.

    Developer also reserves the right to revise the dimensions of any lots within New Forest Mountain so long as the Developer owns all lots affected by such change or obtains the written consent of any other party who owns a lot affected by such change. Said changes shall be accomplished by the filing of amended plats and appropriate amendments to these Protective Covenants. When any such change affects a lot owner other than the developer, the change must also be evidenced by a deed conveying to Developer (or other party) the land being surrendered by such other party in order to effect the change.

3. No mobile homes, house trailers, unapproved out-buildings or any temporary structures shall be placed on any tract, either temporary or permanent, except that the Developer may use such structures as a sales office and except that lot owners may have a trailer on their site to supervise construction, but only for the actual construction period, and upon final inspection the trailer must be promptly removed. This restriction will not prevent the parking of a licensed motor home or travel trailer at the home of a property (tract) owner for the purpose of storing said vehicle as long as said vehicle is parked on the property owners tract in such a manner as to be reasonably out of sight and non-offensive to other property owners.

4. All boats and equipment utilized with boats, including trailers, shall be kept out of sight of the road and adjacent property owners view.

5. Residents and property owners shall not be allowed to park vehicles on the roads except in emergencies. Unless otherwise posted, guests and visitors of the owner may park on the shoulders of the roads, while visiting property owners for a short duration, so long as the health, safety and convenience of other residents within New Forest Mountain are not impaired.

6. No building shall be erected on any tract, nor shall any substantial change or addition to any building erected on any tract without approval of the Architectural Committee. The Committee shall be charged with the responsibility to assure that all such buildings are compatible with the designs of surrounding areas, and with other buildings previously built.

7. No dwelling, garage or other improved building shall be closer than 25 feet to any front lot line or side street line. No dwelling, garage or other improved building shall be closer than 25 feet to any interior tract line. Steps, patios, and garden walls shall not be considered part of the building for determining front and side set-backs. To the extent that certain tracts may posses certain topographical limitations, the Developer reserves the right to modify these rules on a case by case basis so long as the integrity of adjacent land owners is not adversely (in the opinion of the developer, /and or Architectural Committee), affected.

8. No sign of any kind shall be displayed to the public view of any lot. Owner and or their property names may be displayed, in a standard format, standard size, and on materials designated by the Architectural Committee or by the Developer. The developer reserves the right to erect entrance display signs and street and lot number signs, and other identification signs. No Trespassing, Hunting , For Sale, etc signs are specifically restricted. The Developer Entrance sign will designate the Private nature of all of the property.

9. Pets of any kind are permitted and encouraged. Commercial breeding/boarding operations (kennels), are prohibited. Poultry and or other pets who disturb the peace and tranquility of New Forest Mountain are prohibited. Property owners will make every effort to control their pets so as not to infringe on other property owners lots. Dogs that bark incessantly will not be permitted, except that they be kept indoors and out of earshot of contiguous property owners. Dogs and other pets will not be permitted to "run wild" in New Forest. The common rules of restraint will be followed and no pet will be allowed loose without being accompanied by a resident.

10. Bicycles and well muffled ATV and other such devices of transport are permitted on New Forest Mountain roads. A very moderate speed and quiet operation are required.

11. Fences may be constructed or replaced only by prior approval of the Architectural Committee.

12. Security lighting of the type that comes on at dark automatically, will not be permitted. Security lighting installed by the owner and utilized while the owner is in residence is permitted as long as light from such security device cannot be seen from any adjacent property owner. Large (over 200 watts) power company or individually owned "security" lighting controlled entirely by photo electric cells or other automatic devices dependent on darkness or time of day are not permitted to be left on if the owner is not in residence. Security lights which are larger than 200 watts, can be used if they are controlled by an on- off switch. No security lights may be left on if the owner is not in residence.

13. There will be no noise producing equipment (chainsaws, etc) permitted before one hour after sunrise, and one before sunset. No construction is permitted during these quiet periods. Activity that would interfere with the peace and tranquility of New Forest Mountain and it's residents will be restrained. Audio system sound must be restricted to each owners residence, at such volume so as not to disturb adjacent property owners.

14. Owners of lots containing springs shall not in any way contaminate the springs. While the spring water can be diverted to small ponds, the natural course of the spring as it enters and exits the property owners tract, cannot be disturbed or diverted. The construction of ponds or other water works must be approved by the Developer and/or Architectural Committee, prior to construction. Noise producing apparatus such as ram pumps shall not be permitted. The discharge of firearms, for non essential reasons, is prohibited.

15. No tract may be used or maintained as a dumping ground for rubbish, trash, etc. , and all waste shall be kept in clean, sanitary, and rigid containers. The developer reserves the right to remove any trash from a property, and charge the lot owner for such removal.

16. No timber cutting shall be permitted except for site and driveways, Trees over five inches in diameter may not be cut down except as permitted by the Architectural Committee or the Developer. Trees may be cut only in those areas that the developer has cut the trees to expose the view, or has permitted the cutting of trees to expose the view, where new trees will grow over time and obstruct the view again.

17. All buildings must be constructed of high quality building materials and workmanship , to insure that no dwelling shall present an unsightly appearance. All exposed block work shall be covered or parged, mere painting will not be permitted. All fuel storage devices must be covered, and cannot be located in such a position as to contaminate springs in the event of leakage.

18. Any tract owner who elects to build a residence on his tract shall advise his contractor or subcontractors, of the New Forest Builder restrictions, and be responsible for their compliance. A copy of the restrictions is available from the developer.

19. A road maintenance fee of $400.00 per lot per annum will be assessed by the developer, for the use of Deerpath and Western Meander.

20. No heavy materials or construction trucks will be permitted on New Forest Roads, when said roads are wet and soft. A rule of thumb will be that if a construction truck depresses the road surface more than 2 inches, they cannot use the roads. If this rule is ignored and severe damage occurs as a result, the homeowner responsible will be directly assessed for the professional repair of the damage, and the contractor may be restricted from entry until the damage is repaired and the assessment is paid.

21. The homesite for each tract has been preselected by the developer to maximize each tracts privacy. No other building site can be utilized. The developer reserves the right to modify the location of these building sites.

22. The developer may elect to turn over the road maintenance to the tract owners when 66% of the tracts are sold.

The developer, (which term includes his successors, assigns, clients and nominees), reserves a perpetual right of way over all subdivision roads.

Developer David V. Robinson