1.The record owner of each lot in this subdivision shall be, by virtue of such ownership, a member of RE-CON Corporation and entitled to vote as provided in the By-Laws of RE-CON Corporation.
No temporary or permanent structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single family dwelling and appurtenances (1 or more) thereto not to exceed two and one-half stories in height, and a private garage for not more than two cars, and no building shall be erected, placed or altered on any building plot in this subdivision until the external design and location thereof have been approved in writing by the RE-CON Board of Directors.Provided, however, that if such Board of Directors fails to approve or disapprove such design and location within thirty days after such plans have been submitted to it, such approval will not be required.The word temporary, as used herein, is defined as anything of less duration than one year.Anything of greater duration shall be deemed permanent.All exterior construction which has been approved shall be completed within one year after such approval.
2.All of the residential lots in the subdivision shall be subject to an annual charge of not more than One Hundred Dollars ($100) per lot, payable on the first day of January of each year hereafter which shall be paid to RE-CON, Inc., which corporation shall be the owner of such charge, for the use and maintenance of the community facilities which privileges for use are not assignable except by written approval of RE-CON, Inc., its successors or assigns.It is expressly agreed that said charge shall constitute a lien or encumbrance on the land with respect to which said charge is made, and by virtue of title to any of the land included in said tract, the owner or owners from the time of acquiring title thereto, shall be held to have covenanted and agreed to pay RE-CON, Inc., its successors or assigns, aforesaid all charges provided for in this ($100) shall be subject and inferior to any deed of trust hereafter recorded securing a first lien on said property.RE-CON, Inc. shall maintain the community facilities in its own discretion.Grantees shall have no right to dictate or require maintenance of such facilities or have any rights herein other than the reasonable use thereof in accordance with the rules and regulations of such corporation.Grantee, Grantees heirs and assigns covenant to use such facilities only in accordance with the rules and regulations which may from time to time be promulgated with reference thereto, and vest RE-CON, Inc. its successors or assigns, with the power to deprive any person, including Grantee, members of Grantee’s family, Grantee’s heirs and assigns, of the use of such facilities, temporarily or permanently, for infraction of such rules and regulations, without impairing aforesaid obligation to pay such charges, or the lien therefore.
3.Recon setback requirements coincide with Mecklenburg County Zoning Setback Requirements, Residential, District R-2.These requirements are as follows:
(1)For all single family dwellings and all multi-family dwellings, the following regulations apply:
(a)No part of any structure shall be located closer than thirty five (35) feet to any right-of-way which is fifty (50) feet or larger or any closer than sixty (60) feet to the centerline of any right-of-way which is less than fifty (50) feet.
(b)No part of any main structure shall be located any closer than ten (10) feet to any side lot line.
(c)No part of any accessory structure shall be located any closer than five (5) feet to any side lot line.
(d)No part of any main structure shall be located any closer than twenty five (25) feet to any rear lot line.
(e)No part of any accessory structure shall be located any closer than five (5) feet to the rear lot line.
(f)Exception to setback requirements: (1) No setback shall be required from any property line shared with property owned by Virginia Power Company or the Army Corps of Engineers for the Lake Gaston or Kerr Lake Impoundment’s.
(g)In addition to the yard regulations given above, no main building or accessory building shall be located any closer than twenty-five (25) feet to the side of the lot abutting the side street.
4.Within six (6) months after the exterior construction of a building that has permanent electrical service attached, the property owner will install an electrical post lamp with an automatic night light switch, within five (5) feet of the front property line next to the driveway or entrance walkway.
5.No exterior lighting shall be directed outside the boundaries of a lot that will be or become a nuisance or annoyance to the adjoining lots or neighborhood.
6.No fence, wall, trees, hedges or shrub planting shall be maintained in such a manner as to obstruct sight lines for vehicular traffic.
7.Easements for public utilities are expressly reserved along the front, rear and side lines as required by the public utilities for the construction and perpetual maintenance of conduits, poles, wires and fixtures for electrical lights, telephones, utilities, together with the right to trim any trees or other growing weeds or grass which at any time may interfere or threaten to interfere with the maintenance of such lines; together with the right of ingress and egress across and upon the said premises to employees, agents or servant of the said utilities.It is understood and agreed that it shall not be considered a violation of the provision of the easement if wires or cables carried by such poles pass over some portions of the said lots, not within the limits of the required easements as long as the lines do not hinder the construction of building on any lot in this subdivision or materially interfere with the use thereof by the owner.
8.No material or refuse shall be placed or stored within twenty (20) feet of the property line of any lot, except that clean fill may be placed nearer provided that the natural water course is not altered or blocked by such fill.
9.No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not raised, bred or kept for any commercial purpose.
10.Property owners are required to notify in writing the President of RECON Corporation at least thirty (30) days prior to the sale of property.Upon sale of property the seller will submit RECON stock back to RECON Corporation.
11.These covenants shall run with the land and be binding until 2003, at which time they shall be automatically extended for successive periods of five (5) years, unless by vote of a majority of the then owners of lots it is agreed to change said covenants.Invalidation of any of these covenants shall in no way affect any of the others, which shall remain in full force and effect;a failure to enforce any of said covenants shall not be deemed a waiver of the right to do so thereafter.