Unlike some other neighborhoods, Ashe Plantation doesn't have a mountain of restrictive rules. However, in the interest of all, there are covenants that must be followed to keep the neighborhood safe and clean.
Please read below to ensure that you are abiding by these covenants.
5476 09'6
KNOW ALL PERSONS BY THESE PRESENTS, THAT BOB McLEMORE AND CO., INC., being the owner of the real property located in Clear Creek Township, Mecklenburg County, North Carolina, constituting that certain subdivision known as ASHB PLANTATION, Phase I, a map of which is recorded in Map Book 21 at page 758 of the Mecklenburg County, North Carolina Public Registry, does hereby covenant and agree with all persons, firms, or corporations hereafter acquiring any of the lots shown on said map, that said lots shall be subject to the following restrictive covenants, governing the use thereof, which shall run with the property by whomsoever owned.
All lots shown on said map shall be used for residential purposes only. No structures shall be placed upon any of said lots except one detached single-family dwelling, together with outbuildings customarily incidental to the residential use of the lot. At such time as any outbuilding is placed upon a lot, it must be built with new materials, painted, and shall be kept in good repair at all times. As used in these restrictive covenants, the word “family” shall be deemed to include the owner of the lot, or the owners of the lot if there are two owners who are husband and wife, and any parent, grandparent, child, grandchild, great-grandchild, uncle, or aunt of such owner or owners.
No residence shall be erected or placed upon any lot in the subdivision containing less than the minimum amount of heated area as stated below:
(a) One-story residences shall contain a minimum of 1,800 square feet of heated living area.
(b) Split-level residences and other residences with more than one story shall contain not less than 2,000 square feet of heated living area.
Provided, however, a residence having less than the required square footage of finished heated living area may be constructed on any lot so long as:
(a) the residence is completely finished outside,
(b) the residence contains not less than 1,000 square feet of finished heated living area,
(c) the residence contains not less than 2,000 square feet of potential heated living area, and
(d) prior to construction thereof, the plans and specifications for the residence have been approved by Bob McLemore and Company, Inc., in accordance with Paragraph 4 of this instrument.
Any residence erected or placed upon any lot in the subdivision shall be subject to the following:
(a) A minimum of sixty percent (60%) of all exterior walls must be of brick veneer or stone veneer construction, except that siding or other materials comparable in value to brick or stone veneer may be acceptable by and with mutual consent of the owner for the time being of such lot and Bob McLemore and Co., Inc., provided that any such variance and consent is stated on the building plans.
(b) If air conditioning is not installed in a residence at such time as it is built, then the residence must contain an attic fan.
(c) A heating unit must be installed in any residence of such type that it will supply heat to each room individually.
(d) At the completion date of the construction of a residence on any lot, the front and side yards and a minimum of fifty-five (55) feet of rear yard adjoining the residence must be cleared of rubbish and construction materials, and shrubbery must be planted along the front of the residence. In the event that the completion date of the residence is such that it is not practical to do such planting, such work may be delayed until the first planting season after completion. After a residence is occupied, the yards must be well maintained to each adjoining property line and street line at all times.
(e) All front porches and stoops must be constructed with hard tile floors or an equivalent thereof.
(f) No residence shall contain less than one and one-half (1½) bathrooms.
Before construction is started on any residence in this subdivision, the plans and specifications must be approved by Bob McLemore and Co., Inc., as to design, number of rooms, plan, and materials of exterior design, as well as location with respect to topography and finished grade elevation. Where the term “equivalent” is used herein, Bob McLemore and Co., Inc. shall have the right to determine what materials are equivalent to those specified. Said approval shall be in writing and shall appear on the final plans and specifications.
Construction of new buildings only shall be permitted, it being the intent of this covenant to prohibit the moving of any existing building onto a lot and remodeling or converting the same into a dwelling unit in this subdivision.
No subdivision of said lots nor combination of two or more lots by sale or otherwise shall be made, except that Bob McLemore and Co., Inc., its successors and assigns, shall have the right to combine one lot and any portion or whole of one or more additional lots into one integral building lot. Bob McLemore and Co., Inc., its successors and assigns, shall also have the right to subdivide a lot or group of lots if, because of land topography or drainage, the said lot or group of lots shown on said recorded map is deemed not to be feasible as building lot(s) by Bob McLemore and Co., Inc.
Until such time as an approved sewage disposal system shall become available to the subdivision, sewage disposal shall be made only by septic tank with a nitrification field which meets the approval of the North Carolina State Board of Health or other health authority having jurisdiction. In the event a sewage disposal system becomes available to the subdivision, no more septic tanks shall be installed, and sewage disposal shall be made by said system.
The water supply shall be provided by a community water system provided by a company approved by Bob McLemore and Co., Inc., and no other method of water supply shall be permitted.
No obnoxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood, nor shall swine, cattle, goats, or sheep be kept on any lot.
No trailer, tent, shack, garage, or other outbuilding erected on any lot shall be used at any time as a residence, temporarily or permanently, nor shall any structure of any temporary character be used as a residence. Any outbuilding constructed on any lot shall be built of the same exterior materials as the house to ensure uniform construction.
No above-ground swimming pools shall be built, placed, or allowed to remain on any lot.
No sign of any kind shall be displayed to the public view on any lot except:
one professional or resident identification sign not exceeding three (3) square feet;
one sign not exceeding five (5) square feet advertising the property for sale or rent;
signs used by a builder during the construction and sale period; or
larger signs placed by Bob McLemore and Co., Inc. for subdivision identification.
No portion of any lot shall be used or maintained as a dumping ground for rubbish or refuse. Trash, garbage, or other waste shall not be kept except temporarily in sanitary containers.
No fence, wall, hedge, or mass planting exceeding forty-two (42) inches in height shall be maintained or permitted on any lot between the building setback line and the front street line.
Underground shelter, if desired, may be provided so long as the same is not constructed closer than five (5) feet to any adjacent lot line.
If any lot is sold and the owner intends to resell the lot before construction of a residence, Bob McLemore and Co., Inc. reserves the right and option (but not the obligation) to repurchase the lot at a price not exceeding the original selling price. This option expires thirty (30) days after written notice is given by registered mail with return receipt, including the name and address of the intended purchaser and the terms of sale.
Easements for installation and maintenance of utilities and drainage facilities are reserved as follows: as shown on the recorded plat; along all property lines bordering streets; and five (5) feet along each side property line and over the rear ten (10) feet of each lot. Within these easements, no structure, planting, or other materials shall be placed or permitted which may damage or interfere with utilities or drainage. The easement area shall be maintained by the owner except for those improvements maintained by public authorities or utilities. Bob McLemore and Co., Inc., and its successors, shall have the right to clear trees and other obstructions and adjust grading to facilitate drainage.
No building shall be located nearer to the front lot lines nor nearer to the side street lines than the minimum setback lines shown on the recorded map. No residential buildings shall be located nearer than fifteen (15) feet to any side lot line nor nearer than forty (40) feet to the rear lot line. PROVIDED, HOWEVER, that on corner lots, a building may be located nearer to the rear line than forty (40) feet, provided it is not closer than a line forming an arc with a radius of forty (40) feet from the interior rear corner. For purposes of compliance, porches, stoops, terraces, eaves, wing walls, steps, attached garages, carports, and storage rooms shall not be considered part of the structure.
No satellite dishes or other equipment used for receiving television or transmission signals shall be located on any lot, except for a standard-sized television antenna used solely for non-satellite broadcast reception, located on or behind the residence.
Nothing herein shall impose covenants or restrictions on any property other than that specifically described herein.
In the event of unintentional violation of building line restrictions, Bob McLemore and Co., Inc., or its successors, reserves the right, with written consent of the owner, to change building line restrictions for the affected lot, provided such change does not exceed ten percent (10%) of the original requirement.
Enforcement shall be by proceedings at law or in equity against any person violating or attempting to violate any covenant, either to restrain violation or recover damages.
Invalidation of any one or more of these covenants by court judgment shall not affect the remaining covenants, which shall remain in full force and effect.
These covenants shall run with the land and be binding for thirty (30) years from the date of recording and shall automatically extend for successive periods of ten (10) years unless amended by a majority of lot owners recorded in the Mecklenburg County Registry.
J. Barold Barnes, Jr., Trustee, and Home Federal Savings and Loan Association, Charlotte, North Carolina, hereby enter into this instrument as trustees and holders of deeds of trust recorded in Book 5447 at Page 255 and Book 5456 at Page 404 in the Mecklenburg County Registry, and consent to the imposition of these restrictive covenants upon the aforesaid land.