nutigoumam FOR eee Ot RE REGISTER OF DEEDS DURHAM COUNTY 2013 JaN 23 04 03 38 Pr BK 7173 PG 546-550 FEE $26 00 INSTRUMENT # 2013002789 Prepared by and mail after recording to Michael F King, Esq K&L Gates LLP PO Box 17047 Raleigh, NC 27619 STATE OF NORTH CAROLINA COUNTY OF DURHAM Y SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR . CHAMBERLYNNE THIS SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CHAMBERLYNNE (“Amendment”) 1s made and entered into effective as of the date of its recordation (“Effective Date”) in the Durham County Registry (“Registry”) by STANDARD PACIFIC OF THE CAROLINAS, LLC, a Delaware limited lability company (“Declarant’’) Declarant 1s the Declarant under that certain Declaration of Covenants, Conditions and Restrictions for Chamberlynne recorded 1n the Registry in Book 6720 at Page 503, as amended by that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Chamberlynne recorded in the Registry in Book 7137 at Page 916 (“Declaration”) Section 18 10 of the Declaration establishes that Declarant has the umlateral right in its sole and absolute discretion to amend the Declaration during the period of Declarant control without obtaining the approval of any Owner to make any changes or modifications which Declarant deems necessary or desirable As of the Effective Date, the period of Declarant control has not expired and Declarant now desires to amend the Declaration as set forth herein NOW, THEREFORE, Declarant, by this Amendment, does hereby amend the Declaration as follows RA-3092268 v1 1 Defined Terms All capitalized terms used herein, unless otherwise defined herein, shall have the meanings set forth in the Declaration
ent, does hereby amend the Declaration as follows RA-3092268 v1 1 Defined Terms All capitalized terms used herein, unless otherwise defined herein, shall have the meanings set forth in the Declaration 2 Stormwater Facility Maintenance Sections 1901 and 1904 of Article 19 of the Declaration are hereby deleted 1n their entirety and replaced by the following 1901 Stormwater Facility The Property includes several Stormwater Facilities that are the perpetual responsibility of the Association Such Stormwater Facilities are the subject of Stormwater Facility Agreements between Declarant, the Association, and the City of Durham (‘the City”) that 1s binding on the Association The Stormwater Facility Agreements are recorded at Book 6720, Page 556, Book il 13, Page 5)]0 , and Book “7/ 7q 3, Page , Durham County Register of Deeds The property subject to the Stormwater Facility Agreements 1s the “Property” subject to this Declaration The Stormwater Facilities must be maintained in accordance with “City Requirements,” which include all ordinances, policies, standards, and maintenance protocols and in accordance with the recorded Stormwater Facility Agreements In particular the City’s current “Owner’s Maintenance Guide for Stormwater BMPs Constructed tn the City of Durham” (available at the time of recording this document at operation and maintenance manuals prepared specifically for the Stormwater Facilities contain requirements that apply to the Association’s Stormwater Facilities Nothing in the other Articles of this Declaration or any subsequent modifications of this Declaration may reduce the obligations of the Association or the Owners with regard to the
ormwater Facilities Nothing in the other Articles of this Declaration or any subsequent modifications of this Declaration may reduce the obligations of the Association or the Owners with regard to the Stormwater Facilities Such additional covenants may increase the obligations or provide for additional enforcement options Each Stormwater Facility and its location are as follows 1 Stormwater Wet Detention Pond (Wet Pond) designed to have a 100-year, 24 hour storm event surface area of 26,209 square feet It 1s located on the north side of the Property 1 ~—- Constructed Wetland (CWA) designed to have a design storm surface area of 42,006 square feet, a total drainage area of 20 44 acres and a design storm storage volume of 113,229 cubic feet 11 Level Spread (LS) located downstream of CWA The Level Spreader discharges onto the riparian buffer iv _- Constructed Wetland (CW1) designed to have a design storm surface area of 13,434 square feet, a total drainage area of 5 40 acres and a design storm storage volume of 26,905 cubic feet v Constructed Wetland (CW2) designed to have a design storm surface area of 19,502 square feet, a total drainage area of 10 74 acres and a design storm storage volume of 39,524 cubic feet In addition to the above obligations, the Association’s obligations with regard to the Stormwater Facilities are 2 RA-3092268 v1 1904 Stormwater Budget Line Items & Funding The Assessments of the Association shall include amounts for upkeep and reconstruction of the Stormwater Facility which shall be included in Assessments charged to Lots or Owners from the point that Lots or Owners are charged Assessments for other common purposes’ The Association shall maintain two (2) separate funds in its budget for the Stormwater Facilities The first, the “Inspection and
that Lots or Owners are charged Assessments for other common purposes’ The Association shall maintain two (2) separate funds in its budget for the Stormwater Facilities The first, the “Inspection and Maintenance Fund,” shall be for routine inspection and maintenance expenditures and shall be used for annual inspections, maintenance, and minor repairs The funds for this purpose may be maintained as part of the Association’s general account The second fund, the “Mayor Reconstruction Fund,” shall be a separate, increasing reserve fund that will build over time and provide money for major repairs to and eventual reconstruction of the Stormwater Facilities The Mayor Reconstruction Fund shall be maintained 1n an account that 1s separate account from the Association’s general account as described below At a minimum, the Association shall, earmark $11,340.66 [Wet Pond $2,950 46, CWA $2,488 20, LS $1,298 00, CW1 $2,280 00, and CW2 $2,32400] annually from its collected assessments for the Inspection and Maintenance Fund and $2,564.41 [Wet Pond $698 41, CWA $59400, LS $166 00, CW1 $548 00, and CW2 $558 00} annually for the Major Reconstruction Fund These minimum amounts shall be increased annually by 3% per year over the prior year’s amount The Association may set a higher amount in its discretion, or if directed by the Durham Director of Public Works after an examination of the Stormwater Facilities The Association shall set Assessments at a sufficient amount to fund each of the two line items in addition to the Association’s other obligations The Association may compel payment of Assessments through all remedies provided in this Declaration or otherwise available under law 3 Effect of Amendment The Declaration is hereby modified to the extent set forth herein,
ompel payment of Assessments through all remedies provided in this Declaration or otherwise available under law 3 Effect of Amendment The Declaration is hereby modified to the extent set forth herein, but only to the extent set forth herein All provisions of the Declaration not modified by this Amendment shall remain in full force and effect 1n accordance with their original terms as set forth in the Declaration 3 RA-3092268 v1 IN WITNESS WHEREOF, the undersigned has executed this Amendment as of the date set forth in the acknowledgement below Declarant Standard Pacific of the Carolinas, LLC, a Delaware limited lability company Name GAY B MmetitvEer Title Dee tor. OF LAD Dev€lofVexy— Ww 4 ke County, North Carolina I certify that the following person personally appeared before me this day and acknowledged to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated - Direchr of Lind Devé / opment AML Ry G Ny Date LL/7 [0/3 ser “ey, > % .
My Commission Expires = NOTARY 4 Khari lrebon— jo Jrote 34, PYM Emname Krish Grabin [Affix Notary Stamp or Seal] hyp UO RA-3092268 v1 & + g / ve 2) ist Oo” fet 4255 eeece eek Weveet WILLIE L COVINGTON REGISTER OF DEEDS, DURHAM COUNTY DURHAM COUNTY COURTHOUSE 200 E MAIN STREET DURHAM, NC 27701 PLEASE RETAIN YELLOW TRAILER PAGE It is part of recorded document, and must be submitted with original for re-recording and/or cancellation ERKEKKKREKEREREREREEKEAERERMERREKEEEEREEEERERHERAEREEREERAR EKER EE KEKEKR HER HERE ER RKREREREREREREUKEERUERREERAERAEERAEREREAER Filed For Registration Book’ Document No: Recorder: RE 7173 Page: 546-550 2013002788 DECL 5PGS _ $26.00 SHARON M CEARNEL 2013002788