Smoketree Protective Covenants and Reservation of Easements

1.  Residential Uses Only: The property is restricted to use for single family residential and limited agricultural purposes such as private gardening. Only one dwelling or residence may be located on each lot.

2.  Re-Subdivision: The lots shall not be re-subdivided without the express written consent of the Declarant.

3.  Setbacks: Property owners shall comply with the minimum building setbacks shown on the recorded plat of the Subdivision or the minimum setbacks required by Granville County Ordinances, whichever is the more stringent.
      Declarant reserves the right to grant variances from the above setback requirements when it determines that strict enforcement prevents reasonable use of a subdivision lot or lots.

4.  Restrictions on Manufactured Housing: Manufactured housing shall be allowed on the property subject to the following restrictions:
        A. All manufactured homes shall be less than seven (7) years of age at the time of placement on the property and shall be fully-under-skirted with masonry, vinyl or other materials specifically manufactured for such use within 90 days after locating the home on the property.
        B. All manufactured homes shall be set parallel to the roads which they abut; provided however, declarant reserves the right to grant variances from this regulation when it determines that strict enforcement prevents reasonable use of a subdivision lot or lots.

5.  Vehicle Limitations: No inoperable, unlicensed or junk motor vehicles or equipment of any kind may be located on the property. No motor vehicle having more than two (2) axles or a load capacity of more than one (1) ton shall be kept on any lot in the subdivision or parked on any subdivision street right-of-way except as may be temporarily necessary to facilitate deliveries to the property.

6.  Livestock: No livestock or animals may be raised or kept for any purpose, and no hogs shall be permitted on the property. This shall not prevent the keeping of customary household pets.

7.  No Incomplete or Junk Structures: No incomplete or junk type structures shall be permitted on the property, and no camper-type trailer, tents or shacks may be used either temporarily or permanently as a dwelling.

8.  Maintenance of Landscape: All yards and surrounding landscape shall be kept free of unsightly debris, neatly mowed and maintained at all times.

9.  Fences and Walls: No fences or walls shall be erected on any lot closer to the abutting street than the front of the dwelling located on such lot, and in case of a corner lot, the side and backyard fence shall not extend beyond the minimum side building setback line established for the side street.

10. Utilities: Each lot shall have its own well or other approved water source and septic tank or other approved waste disposal system. All water sources and waste disposal systems must comply with the standards set forth by the Granville County Health Department. All trash and garbage must be disposed of by a method approved by the Granville County Health Department or through a duly franchised waste disposal service operating in Granville County. No dumping shall be permitted. All dwellings shall be connected to electric service prior to occupancy.
*NOTE: The owners of lots  #14, 15, 21, and 22 of the subdivision must get written approval of the Declarant with respect of the location of wells and septic tanks on the lots prior to their installations. This approval is in addition to any approvals required by the Granville County Health Department.

11. Driveway Connections and N.C. D.O.T. Rules: Driveway connections and street rights-of-way shall be subject to the following regulations:
    A.  Lots #1, 59, 46, and 45 are not allowed by N.C. DOT to have a direct driveway connection to Henry Wilson Road, and are required to make connection to the internal roads of the subdivision.
    B.  All driveways installed from abutting roadways must use a pipe of sufficient size to insure proper drainage, and in any event shall be not less than 15 inches in diameter. All pipe shall meet the specifications of the N.C. Department of Transportation
    C.  No masonry mailboxes, plastic pipe, shrubbery or other structures are allowed within street rights-of-way.
12. Reservation of Easements: The Declarant reserves the right to grant to the N.C. Department of Transportation such easements as it may require to assume maintenance of subdivision streets. Declarant reserves the right to grant general easements within the subdivision for the installation and maintenance of electric and telephone lines as may be required by the utility companies furnishing drainage and other easements shown on the recorded plat of the subdivision.

13. Street Lighting: The Declarant reserves the right to subject the real property in this subdivision to a contract with Carolina Power and Light Company for the installation of street lighting, which requires a continuing monthly payment to Carolina Power and Light Company by each residential customer.

14. Road Maintenance: All of the roads in this subdivision have been built to N.C. DOT specifications and are public roads. Until such time as all roads in the subdivision are accepted for maintenance by N.C. DOT, they will be maintained by a property owner's association established for such purpose. See recorded Protective Covenants for details.

15. Effective Dates: These Protective Covenants shall remain in full force and effect and be binding on the property until December 31, 2020.

16. Part of Land Title: These Protective Covenants shall run with and be a part of the title to the property.

Seller warrant that as of the date land contracts are signed and for a period of 30 days thereafter, the contracted property meets the requirements of the Granville County, N.C. Health Department for the issuance of a permit for the installation of a single family, residential septic system of waste disposal.

If the Granville County Health Department denies the issuance of a septic tank permit for the contracted property upon submission by Buyer of a proper application therefor, and within the 30-day limited warranty period stated above, the contract shall be void and Seller shall refund to Buyer all sums paid to it thereunder. All fees charged by Granville County Health Department for septic permits shall be paid by Buyer.

Seller makes no warranties with respect to the usability of this property for residential purposes, either express or implied, other than the limited warranty set out above.

CAUTION: SEPTIC PERMITS MUST BE APPLIED FOR WITHIN 30 DAYS AFTER THE DATE HEREOF TO BE COVERED BY THIS LIMITED WARRANTY. FAILURE TO APPLY WITHIN THE 30 DAY PERIOD WILL BE CONSIDERED A WAIVER OF ALL WARRANTY RIGHTS.