NORTH CAROLINA CHATHAM COUNTY Book 389 Page 319
SUPPLEMENTARY DECLARATION OP COVENANTS AND RESTRICTIONS
THIS DECLARATION, made this 24th day of July, 1975, by FITCH CREATIONS INC., hereinafter
referred to as "Declarant";
W I T N E S S E T H :
THAT WHEREAS Declarant heretofore executed a Declaration subjecting real property known
as "Polks Landing Subdivision" to certain easements, restrictions , covenants and conditions,
said Declaration being dated December 3, 1974, and recorded in Rook 386, Page 449, Chatham
County Registry; and WEEREAS, said Declaration grants to Declarant the right to bring within
the plan and operation of said Declaration additional properties in future. stages of development;
and
WHEREAS, the properties hereinafter described are additional stages of Polks Landing Subdivision;
and
WHEREAS, Declarant is the Owner of that certain property in Baldwin Township, Chatham
County, North Carolina, described as: being all the property shown on Plats of Polks Landing,
Phase II, and Phase III, prepared by Robert J.Ayers, Surveyor, dated June, 1975, and recorded in
Plat Book 17 , Pages and 97 and 98 , Chatham County Registry.
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall
be held, sold and conveyed subject to the following easements, restrictions, covenants, and
conditions, 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.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Polks Landing homeowners association, Inc., s
nonprofit corporation organized under the laws of North Carolina, its successors and assigns.
Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Properties, but excluding those
having such interest merely as security for the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property hereinabove described,
the property described in the original Declaration recorded in Book 386, Page 449, Chatham
County Registry, and such additions thereto as may hereafter be brought within the jurisdiction
of the Association or this Declaration.
Section 4. "Common Area" shall mean all real property owned by the Association for the common
use and enjoyment of the owners. The Common Area to be owned by the Association on or
before the time Declarant has sold all of the lots in Polks Landing, but in any event no later than
December 1, 1979, is described as follows:
A. The Common Area described in the original Declaration recorded in Book 386, Page 449,
Chatham County Registry.
B. Lots 81 end 82 as shown on Plat of Polks Landing, Phase II, prepared by Robert J. Ayers,
Surveyor, dated June, 1975, and recorded in Plat Book 17 , Page 97 , Chatham County Registry.
C. Lot 70 as shown on Plat of Polks Landing, Phase II, prepared by Robert J. Ayers Surveyor,
dated June, 1975, and recorded in Plat Book 17 Page 97 , Chatham County Registry (the greater
part of this property is described as Tract 2 in the original Declaration).
Section 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision
map of the Properties with the exception of the Common Area.
Section 6. "Declarant" shall mean and refer to Fitch Creations its successors and assigns.
ARTICLE II
PROPERTY RIGHTS
Section 1. Every owner shall have a right and easement of enjoyment in and to the Common
Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the
following provisions:
(a) The right of the Association to charge reasonable admission and other fees for the use of any
recreational facility;
(b) The right of the Association to suspend the voting rights and right to the use of the recreational
facilities by an Owner for any period during which any assessment against his Lot remains
unpaid; end for a period not to exceed sixty (60) days for any infraction of its published
rules and regulations;
(c) The right of the Association to dedicate or transfer o11 or any part of the
Common Area to any public agency, authority, or utility for such purposes and subject to such
conditions as may be agreed to by the members. No such dedication or transfer shall be effective
unless an instrument signed by two-thirds (2/3) of the members agreeing to such dedication or
transfer has been recorded.
Section 2. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to
the Common Areas and facilities to the members of his immediate family who reside with him..
A tenant occupying a residence on a Lot in Polks Landing shall have the same rights to the use of
the Common Area as the Owner of the Lot.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a lot which is subject to assessment hall be a member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment.
Section 2. Voting Rights Until such tine as Declarant has deeded the Common Area in Polks
Landing Subdivision to the Association only Declarant shall have voting rights. Following such
time the Owner of each Lot (including Declarant) shall be entitled to one vote for each Lot
owned. When more than one person holds an interest in any Lot, all such persons shall be members
(provided that in the event a corporation, partnership, or more than one family owns a Lot,
they may select only one family to enjoy the membership privileges of the Association). The vote
for such Lot shall be exercised as the Owners may among themselves determine, but in no event
shall more than one vote be cast with respect to any Lot.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each
Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of
a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and
agree to pay to the Association:
(1) annual assessments or charges, and
(2) special assessments
for capital improvements, such assessments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs, and reasonable
attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property
against which each such assessment is made. Each such assessment, together with interest, costs,
and reasonable attorney's fees, shall also be the personal obligation of the person who was the
Owner of such property at the time when the assessment fell due.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties
and for the improvement and maintenance of the Common Area.
Section 3. Maximum Annual Assessment. Until such time as Declarant has deeded the Common
Area to the Association, there shall be no assessment. In the first year following the deeding of
the Common Area to the Association, the annual assessment shall not exceed Thirty Dollars
($30.00) per Lot.
(a) From and after the time Declarant has deeded the Common Area to the Association, the
maximum annual assessment may be increased each year not more than five per cent (52) above
the maximum assessment for the previous year without a vote of the membership.
(b) From and after the time Declarant has deeded the Common Area to the Association, the
maximum annual assessment may be increased above five per cent (5%) by vote of two-thirds
(2/3) of the members who are voting in person or by proxy, at a meeting duly celled for this
purpose; provided in no event shall the annual assessment exceed the amount of the annual
Chatham County ad valorem real property taxes for a house and lot without the unanimous
consent of all Lot Owners.
(c) The Board of Directors of Polks Landing Association may fix the annual assessment at an
amount not in excess of the maximum.
Section 4. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the Association may levy, in any
assessment year, a special assessment applicable to that year only for the purpose of defraying, in
whole or in part, the coat of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Area, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of two-thirds (2/3) of the vote of
themembers who are voting in person or by proxy at a meeting duly called for this purpose; and
provided further that the total assessment plus annual dues may not exceed the amount of the
annual Chatham County ad valorem real property taxes for a house and lot without the unanimous
consent of all Lot Owners.
Section 5. Notice and Quorum for And Action Authorized Under Sections 3 and 4. Written notice
of any meeting called for the purpose of taking any action authorized under Section 3 or 4 above
shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance
of the meeting At the first such meeting called, the presence of members or of proxies
entitled to cast sixty per cent (60%) of all the votes shall constitute a quorum If the required
quorum is not present, another meeting Day be called subject to the same notice requirement,
and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum
at the preceding meeting. No such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a
uniform rate for all Lots.
Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessment
provided for herein shall commence as to all Lots on the date the Common Area is deeded to the
Association. The first annual assessment shall be adjusted according to the number of days
remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment
against each Lot at least thirty (30) days in advance of each annual assessment period.
Written notice of the annual assessment shall be sent to every Owner subject thereto. The due
dates shall be established by the Board of Directors. The Association shall, upon request, for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth
whether the assessments on a specified Lot have been paid.
Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment
not paid within thirty (30) days after the due date shall bear interest from the due date et the rate
of six per cent (6%) per annum. The Association may bring an action at law against the Owner
personally obligated to pay the same, or foreclose the lien against the property. No owner may
waive or otherwise escape liability for the assessments provided for herein by non-use of the
Common Areas or abandonment of his Lot.
Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for
herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not
affect the assessment lien. however, the sale or transfer of any Lot pursuant to mortgage foreclosure
or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments
which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot
from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE V
RESTRICTIONS AS TO INDIVIDUAL LOTS
The residential lots in Polks Landing Subdivision shall be subject to the following restrictive
covenants which shall run with the land:
1. That the said property shall be used for residential purposes and nothing but one single or
double family dwelling/or residence and appurtenant garage shall be erected on any plot of this
subdivision.
2. That the said property or any building thereon shall not be at any time used for the purpose of
trade, business or manufacturing.
3. That no residential structure shall be erected or placed on any plot which structure does not
have a minimum area of at least 1,000 square feet not excluding basement, attic, outside porches
and garages.
4. No building or improvement of any kind shall be erected, moved onto, or maintained on the
premises herein described until the design and location thereof have first been submitted to and
approved in writing by Fitch Creations, Inc., its duly authorized agent or committee, or, upon a
relinquishment of all lots by said corporation, then by a committee of three persons appointed by
the President of Polks Landing homeowners Association, Inc. In the event that Fitch Creations,
Inc. or the committees designated herein are not in existence, the design shall be in harmony with
the other dwelling in the tract.
5. All conveyances of Lots in Polks Landing are made and accepted subject to any easements or
rights of ways that may have been granted for power, light and telephone lines and drainage
facilities' or as shown on the recorded plat of "Polks Landing". An easement is also reserved for
the water system and pipes now or hereafter located on ths property, and Fitch Creations, Inc., its
agents, employees, successors and assigns shall have the right to go upon the property for the
purpose of making repairs to the water pipes and system
6. That no building shall be placed on any lot nearer than 35 feet to the front of the lot or nearer
than 12 feet to any side line without the written consent of the adjoining owner affected thereby,
and no nearer than 15 feet to the rear line without the written consent of the owner affected
thereby provided, however, that the side and rear line restrictions shall not apply to a garage
located on the rear one-quarter of any lot.
7. That no lot shall be subdivided; provided, however, that this restriction shall not prohibit
adjoining property owners from exchanging small portions of their lots to provide better building
sites. The exchanged portions become part of the lot and the restrictions shall apply to the modified
plots.
8. No animals except dogs and cats shall be kept by the owners and occupants in the subdivision,
and these pets shall be confined to the occupant's premises.
9. That no house trailer, tents or mobile homes, or temporary structure may be located in this
subdivision.
10. That no junk cars may be abandoned in this subdivision or otherwise be parked on the lots.
11. That no tubular or other receptacles for newspapers or advertising publications nor any mail
boxes shall be placed in the front yards or within the street rights of way in front of any house.
12. Minor violations of setback lines and square footages of less than ten per cent (10%) shall not
be cause for corrective action by other record Owners of Lots.
13. Enforcement of these covenants and restrictions shall be by any proceeding at law or in
equity against any person or persons violating or attempting to violate or circumvent any covenant
or restriction, either to restrain violation or to recover damages, and failure by any party
hereto to enforce any covenant or restriction herein contained for any period of time shall in no
event be deemed a waiver or estoppel of the right to enforce any or all restrictions thereafter.
ARTICLE VI
RESTRICTION AS TO CERTAIN PORTION OF COMMON AREA
That portion of the Common Area described as Tracts B and C in Section 4 of Article I is subject
to a perpetual easement in favor of Fitch Creations, inc., its successors and assigns, for wells,
machinery and apparatus for the operation of 8 water system. It is understood that Fitch Creations,
Inc. will assign the rights for providing a water system to a separate private firm and that
Fitch Creations, Inc., has DO personal obligation, liability, or responsibility in connection with
the water system.
ARTICLE VII
ADDITIONS
Declarant, its successors and assigns, and the association shall have the right to bring within the
plan and operation of this Declaration additional properties in future stages of development.
The additions shall be made by filing of record of Supplementary Declaration of Covenants and
Restrictions with respect to the additional property which shall extend the operation and effect of
the covenants and restrictions of this Declaration to such additional property.
The Supplementary Declaration may contain such complementary additions and modifications of
the covenants and restrictions contained in this Declaration as may be necessary or convenient in
the Judgment of Declarant to reflect a different character, if any, of the added properties and as
are not inconsistent with the plan of this Declaration.
Lot owners in such additions to "Polks Landing" shall be entitled to all the rights and privileges
of the original lot owners and shall also be subject to the same obligations and duties imposed
upon lot owners by this Declaration or by rules and regulations adopted by the Association.
ARTICLE VIII
AMENDMENT
These covenants and restrictions shall run with the land and shall be binding on all parties and all
persons claiming title to any property to which the restrictions may apply until December 31,
2004, at which time they shall be automatically extended for successive periods of ten (10) years.
This Declaration may be amended prior to December 31, 2004, by an instrument signed by not
less than ninety per cent (90%) of the lot owners and thereafter by an instrument signed by not
leas than seventy-five per cent (75%) of the lot owners. Any amendment to the restrictive covenants
must be recorded in the Office of the Register of Deeds of Orange County.
ARTICLE IX
SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any
of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, Fitch Creations, Inc. has caused this instrument to be signed in its
name by its President and attested by its Secretary and its corporate seal to be hereto attached, all
by order of its Board of Directors as of the day and year first above written.
