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HomeMy WebLinkAboutWatson Ridge Covenants MAIL AFTER RECORDING TO: J. Scott Flowers P.O. Box 2505 Fayetteville, NC 28302 THIS INSTRUMENT WAS PREPARED BY: J. Scott Flowers Hutchens Law Firm STATE OF NORTH CAROLINA    COUNTY OF HARNETT    DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATSON RIDGE SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR WATSON RIDGE SUBDIVISION (this “Declaration”) is made and entered into this the ___ day of December, 2022, by Sheriff Watson, LLC, a North Carolina limited liability company, hereinafter referred to as “Declarant” or “Developer.” WITNESSETH: WHEREAS, Declarant is the owner of certain property in Lee County, North Carolina, which is more particularly described on plats titled “WATSON RIDGE” recorded in Plat Book ____, Page(s) ____, and certain real property in Harnett County, North Carolina, which is more particularly described on plats titled “WATSON RIDGE” recorded in Plat Book ____, Page(s) ____, Harnett County, North Carolina Registry (the “Property”); and, WHEREAS, Developer/Declarant proposes to sell and convey certain lots shown on the aforesaid plats to be used for residential purposes and to develop said lots, and additional property within the Development Area which may be acquired by Developer/Declarant, into a well planned community; and, WHEREAS, Declarant desires to provide for the preservation of the values and amenities and for the maintenance of the common area in said Property and under a general plan or scheme of improvement desires to subject said property to the following easements, restrictions, covenants, and conditions (hereinafter collectively referred to as “Restrictions”), which are for the purpose of protecting the value and desirability of, and which shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. NOW, THEREFORE, Declarant hereby declares that the real property depicted on the above-described plats shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to this Declaration and to the following Restrictions and the North Carolina Planned Community Act as codified in Chapter 47F of the North Carolina General Statutes (the “Act”). This Declaration and the Restrictions shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in and to the real property or any part or parts thereof subject to this Declaration. ARTICLE I DEFINITIONS Section 1. “Additional Property” shall mean and refer to any lands which are now owned or may be hereafter acquired or developed by Declarant, in addition to the above described Property, and annexed to and made a part of the Development (as hereinafter defined) pursuant to Article VIII hereof. Section 2. “Architectural Committee” shall mean the committee composed of Declarant, during the Period of Declarant Control, and thereafter three (3) or more representatives appointed by the Board. The Architectural Committee’s role is to approve alterations and improvements as set forth herein. Section 3. “Association” shall mean and refer to Watson Ridge Homeowners Association, Inc., a North Carolina non-profit corporation, its successors and assigns. Section 3. “Assessments” shall mean the Annual, Special, Insurance, Ad Valorem and Working Capital Assessments defined in Article VI hereof. Section 4. “Board” or “Board of Directors” shall mean those persons elected or appointed and acting collectively as the Board of Directors of the Association. Section 5. “Commercial Vehicle” shall mean and refer to, but is not limited to, the following vehicles: limousines, passenger transport vehicles, dump trucks, tow trucks, tractor trailer tractors, tractor trailer trailers, landscaping trucks, flatbed trucks, cement trucks, and Lorry trucks. Solely the display of commercial signage (business name, phone numbers, etc.) will not cause a vehicle to be considered a commercial vehicle. Conversely, the absence of vehicle signage does not preclude a vehicle from being considered commercial. Section 6. “Common Properties” or “Common Areas” shall mean and refer to those tracts of land with any improvements thereon which are deeded or leased to the Association. Both terms will include stormwater ponds, open space, dedicated streets and roadways prior to their acceptance for public maintenance, entrance signage, postal kiosks, and any personal property acquired by the Association. All Common Area is to be devoted to and intended for the common use and enjoyment of the Owners, persons occupying dwelling places or accommodations of Owners on a guest or tenant basis, and visiting members (to the extent permitted by the Board of Directors of the Association) subject to the fee schedules and operating rules adopted by the Association; provided, however, that any lands which are leased by the Association for use as Common Area shall lost their character as Common Area upon the expiration of such Lease. Reference to Common Area in these Covenants does not imply or guarantee that the Property affected by these Covenants or any future sections of Watson Ridge will have any Common Area. Section 7. “Common Expenses” shall mean and include: All sums lawfully assessed by the Association against its members; Expenses of administration, maintenance, repair, or replacement of the Common Area, including, without limitation, all labor, services, common utilities, materials, supplies, equipment, costs incurred in acquiring a Lot pursuant to a judicial sale, legal, accounting or managerial fees, and all expenses in connection with the Association’s responsibilities under any stormwater management agreement (the “Stormwater Agreement”) affecting the Property; Expenses declared to be common expenses by the provisions of this Declaration or the Bylaws; Hazard, liability, or such other insurance premiums as the Declaration of the Bylaws may require the Association to purchase or as the Association may deem appropriate to purchase; Ad valorem taxes and public assessment charges lawfully levied against Common Area;