NORTH CAROLINA RELEASE OF RESTRICTIVE COVENANT
DARE COUNTY
This DECLARATION made this day of , 20 , by and between the Town of Kill Devil Hills, a body politic and corporate, of Post Office Box 1719, Kill Devil Hills, NC 27948 (hereafter "The Town") and having an address at (hereafter "Owner(s)")
WITNESSETH
WHEREAS, The Owner(s) is the record owner of all that real property (herein referred to as the Property) which is located in the Town of Kill Devil Hills, in the County of Dare, designated in the Tax Records as Pin # Parcel # , and having a legal description of see Exhibit "A" attached herein , and a street address of
WHEREAS, the Owner has entered into a Declaration of Restrictive Covenant (Nonconversion Agreement) filed in DB PG in the Dare County Register of Deeds for the purpose of flood damage prevention, with the intention that the Declaration shall hereafter run with the land and become applicable to the rights and obligations of the Owner and shall be binding on the Owner, his heirs, personal representatives, successors and assigns.
WHEREAS, the property has been altered such that one or more of the following has satisfied the conditions addressed by the restrictive covenant. This has been confirmed by the Town of Kill Devil Hills per a physical inspection of the property and the presentation of a properly completed FEMA Form 81-31 documenting the same.
Enclosures below Base Flood Elevation (BFE) have been removed.
The lowest floor has been elevated by fill or other measures to above BFE
Structure has been demolished or moved
Applicable Federal and State Laws and regulations and County and Town ordinances have been modified in a manner which nullifies the effect of the Restrictive Covenants previously recorded as set out above
Other
Therefore, the restrictive covenant on this property has been released.
In witness whereof the undersigned set their hands and seals this day of , 20 .
(TOWN SEAL) TOWN OF KILL DEVIL HILLS
By: , Mayor
ATTEST:
Clerk, Town of Kill Devil Hills
NORTH CAROLINA
DARE COUNTY
I, the undersigned, a Notary Public in and for the aforesaid county and state, do hereby certify that __________________ personally appeared before me, and being by me first duly sworn deposes and says: that he/she is Mayor of the Town of Kill Devil Hills and knows the official seal of the Town of Kill Devil Hills and the said writing was signed by him and sealed by him on behalf of the Town of Kill Devil Hills by authority duly and legally given by the Board of Commissioners of the Town of Kill Devil Hills; and the said Mayor acknowledged the said writing to be the act and deed of the Town of Kill Devil Hills by and through its Board of Commissioners and the Town Clerk hereby attests to same.
Witness my hand and official seal, this day of , 20 .
Notary Public
My Commission Expires:
(SEAL)
(Ord. 09-18, passed 10-28-09)