22 BOOK PAGE 1316 0256 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RECORDED AND VERIFIED REBECCA 1. TUCKER REGISTER OF DEEDS NEW HANOVER CO. NO тво Jan 23 4 06 PH '86 supplemental_DECLARATION OF UNIT OWNERSHIP 103 THIS SUPPLEMENTAL DECLARATION OF UNIT OWNERSHIP, for Cobblestone Condominiums, Phase 2-A, is made this the 23rd day of January, 1986, by Cobblestone Condominium, Incorporated, of Wilmington , North Carolina, a corporation doing business in the State of North Carolina, hereinafter referred to as "Developer"; WITNESS ETH: THAT WHEREAS, the Developer is the owner of that certain real property in the County of New Hanover and State of North Carolina which is more particularly described in Exhibit A, attached hereto and made a part hereof by reference; and WHEREAS, the Developer is the owner of the four multiunit buildings and certain other improvements which have heretofore been constructed upon the real property; and WHEREAS, it is the desire and the intention of the Developer to market, sale and convey interest in the property and the improvements thereon as a condominium project pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, entitled "Unit Ownership Act"; and WHEREAS, said real property is located adjacent to the west of real property know and designated as Cobblestone Condominiums Phase I, the said Cobblestone Condominiums being a condominium project established by the Developer Declaration by that creating unit ownership of property under the provisions of Chapter 47A of the General Statutes of the State of North Carolina (hereinafter called "Declaration"), which is recorded in Book 1299, beginning at Page 814, et seq., and as amended in Book 1301, beginning at Page 1620, et seq. in the office of the Register of Deeds
(hereinafter called "Declaration"), which is recorded in Book 1299, beginning at Page 814, et seq., and as amended in Book 1301, beginning at Page 1620, et seq. in the office of the Register of Deeds of New Hanover County, North Carolina; the site plan and building plans of said Phase I having been recorded with said Declaration and in Condominium Plat Book 7, beginning at Page 113, and as amended in Condominium Plat Book 7, beginning at Page 145; and WHEREAS, the real property described in Exhibit A, attached hereto is a portion of that real property described in Exhibit A, Part II, attached to said Declaration recorded in Book 1299, beginning at Page 814, which Developer reserved the right and option to add to subject to the provisions of said recorded Declaration as set forth in Article IV and XXVII thereof; and WHEREAS, it is the desire and intention of the Developer by the recording of this Supplemental Declaration in the office of the Register of Deeds of New Hanover County, North Carolina to submit all of the real property and the improvements RETURNED TO Richard D. wear 055656 900K PAGE 1316 0257 thereon described in Exhibit A, attached hereto to the provisions of the said Chapter 47A, and specifically to the provisions of the above referenced recorded Declaration; the NOW THEREFORE, the Developer does hereby make following supplemental Declaration creating unit ownership of property under the provisions of Chapter 47A of the General Statute of the State of North Carolina for Cobblestone Condominiums, Phase 2-A.
2.
ARTICLE I SUBMISSION OF PROPERTY 1. Pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, Section 47A-2, the Developer does hereby submit all of the real property described in Exhibit A, attached
PROPERTY 1. Pursuant to the provisions of Chapter 47A of the North Carolina General Statutes, Section 47A-2, the Developer does hereby submit all of the real property described in Exhibit A, attached hereto and made a part hereof by reference, together with all improvements thereon and described herein, to the provisions of the "Unit Ownership Act" of the State of North Carolina, which is codified as Chapter 47A of the General Statutes of the State of North Carolina.
Developer declares and affirms that the real property described in Exhibit A, attached hereto, is a portion of the real property described in Exhibit A, Part II, attached to the Declaration creating unit ownership under the provisions of Chapter 47A of the General Statutes of the State of North Carolina (hereinafter referred to as Declaration) which is recorded in Book 1299, beginning at Page 814, et seq., and as amended in Book 1301, beginning at Page 1620, office of the Register of Deeds of New Hanover County, et seq., in the Carolina, and that by virtue of the exclusive right and option belonging to the Developer as reserved in Articles IV and XXVII of said Declaration, the Developer further declares that all of the real property described in Exhibit A, attached hereto, well North as as all of the improvements constructed thereon are hereby subjected to and henceforth shall be held, hypothecated, encumbered, used, occupied and improved subject to conveyed, each and every provision of those articles of covenants, conditions, restrictions, uses, limitations and obligations which are set forth in that recorded Declaration referred to above, except as to those provisions of that Declaration which are necessarily altered or changed for this Supplemental Declaration.
ARTICLE II PLAN OF DEVELOPMENT
hat recorded Declaration referred to above, except as to those provisions of that Declaration which are necessarily altered or changed for this Supplemental Declaration.
ARTICLE II PLAN OF DEVELOPMENT 1. The Developer has constructed on the real property Exhibit A, attached hereto four multi- unit described in BOOK PAGE 1316 0258 buildings to be used for residential purposes, as hereinafter provided.
Bach building contains four condominium units, creating a total of 16 additional condominium units.
contains four three bedroom units; building 17 contains two two Building 16 bedroom units and two three bedroom units; building 18 contains all three bedroom units; and building 19 contains all two bedroom units.
Cobblestone Condominiums, Phase I.
one of the 2. Attached hereto and made a part hereof by reference is Exhibit B, which consists of a full and exact layout of the buildings as well as a survey of the real property showing the location of the buildings thereon. Typically and in general, the buildings are two stories , wood framed, wood without basements.
veneer buildings All interior walls are of wood studs with wallboard facing with stripped seams and painted. The roof is of approved asphalt shingles. Specifically, the building plans for the buildings are the same as those for the buildings in 3. The term condominium unit refers to any those 16 subdivisions of enclosed space within the four buildings above described, together with any additional areas accompanying the same as defined below, and which are intented to or spaces or will be sold as dwelling units pursuant to the act and this Supplemental Declaration. The deed for any particular unit shall convey such unit by its unit designation and the same shall be deemed to
or will be sold as dwelling units pursuant to the act and this Supplemental Declaration. The deed for any particular unit shall convey such unit by its unit designation and the same shall be deemed to include all that is defined as a part of that unit as stated specifically in this definition as well as the privileges and appurtenance accompanying any such unit and subject to covenants, conditions, restrictions, and obligations applicable to unit owners as all are more generally stated and described throughout this Supplemental Declaration. The 16 units of the four buildings are and will be identified by their unit designations which are: Building 16, Units 2732-A,B,C, and D; Building 17, Units 2734-A,B,C, and D; Building 2736-A,B,C, 18, Units and D; and Building 19, Units 2738-A,B,C, and D.
These units and their designations are shown upon the plans of the buildings attached hereto in Exhibit C, which also shows graphically all particulars of the buildings and their 16 units including , but not limited to, the layout, location, ceiling and floor elevations, dimensions of units, and the areas and location of the common areas and facilities and limited common facilities.
areas and Reference is hereby made to said plans for the purpose of identifying and locating each unit within the building as well as identifying their dimensions and approximate areas.
No unit bears the same designation as any other, and any conflict between said plans and this definition shall be resolved by reference to the said plans which shall control.
4. All units are bounded both as to horizontal and vertical boundaries by the interior finish surface of the units' perimeter walls, ceilings and floors and by the interior surface BOOK FAGE 1316 0259
4. All units are bounded both as to horizontal and vertical boundaries by the interior finish surface of the units' perimeter walls, ceilings and floors and by the interior surface BOOK FAGE 1316 0259 of the perimeter walls, ceiling and floors of the additional areas conveyed as a part of each unit, subject to the easement reserved below for such encroachments as are contained in the building whether the same now exist or may be caused or create by existing construction , settlement, or movement of the building, or by permissable repairs, construction, or alteration.
be ARTICLE III PLAN OF DEVELOPMENT 1. The name by which this entire condominium project is know is Cobblestone Condominiums. The Developer has caused to constructed upon the real property described in Exhibit A, the four multi-unit buildings containing 16 units as well as common areas and facilities of both the buildings and the real property as shown upon the plans contained in Exhibit B, attached hereto.
The units of the buildings together with their privileges and appurtenances shall be offered for sale to the public by the Developer as condominium units pursuant to the provisions of Chapter 47A of the General Statutes of the State of North Carolina , subject to the covenants, conditions, restrictions , and obligations stated in the articles of this Supplemental Declarations and the articles of the Declarations recorded in Book 1299, at Page 814, et seq., and as amended in Book 1301, at Page 1620, et seq., all of which are incorporated here and by reference, and the Articles of Incorporation of the Home Owner Association, its duly adopted By-Laws and its rules and regulations. The units and their owners shall be subject to the jurisdiction of the Home Owners Association of which each
tion of the Home Owner Association, its duly adopted By-Laws and its rules and regulations. The units and their owners shall be subject to the jurisdiction of the Home Owners Association of which each unit owner shall be a member and which shall manage the up-keep and maintenance of the entire condominium project, Phase I, Phase 2-A, and together with any future phases thereof, as a whole, as envisioned and provided for in its Articles of Incorporation which are duly recorded in the office of the Register of Deeds of New Hanover County, North Carolina.
2. The Developer, by this Supplemental Declaration, submits only the real property described in Exhibit A, attached hereto , together with the improvements thereon as shown in Exhibit B and C, attached hereto, and this Declaration shall Supplemental Phase 2-A.
3.
be referred to as Cobblestone Condominiums, The Developer reserves to itself the exclusive right and option, but not the obligation, to add to or expand the property subject to the Declaration recorded in Book 1299, at Page 814, et seq., and as amended in Book 1301, at page 1620, et seq., by the addition of all or any portion or portions of the remainder of the real property described in Exhibit A, to said Declaration in one or more additional phases of Cobblestone Condominiums upon the BOOK PAGE 1316 0260 terms and in the manner set forth in Article IV and XXVII of said Declaration all of which is incorporated herein by reference.
ARTICLE IV an THE NATURE AND INCIDENTS OF UNIT OWNERSHIP 1.
Bach unit real property shall be capable as an conveyed and treated individual of independent use and fee simple ownership, and the owner of each unit shall also own, as appurtenance to the ownership of each unit an undivided interest in the common areas and facilities of
vidual of independent use and fee simple ownership, and the owner of each unit shall also own, as appurtenance to the ownership of each unit an undivided interest in the common areas and facilities of Condominiums, Phase I and Phase 2-A and future phases, if any.
Cobblestone Pursuant to the previsions of Article IV of the Declaration filed in Book 1299, at Page 814, et seq., and as amended in Book 1301, at Page 1620, et seq., the Developer does 'hereby establish the undivided fractional or percentage interest belonging to each unit owner of units in Cobblestone Condominiums, Phase I and Phase 2-A which interest is appurtenant to each of the 40 units of Cobblestone Condominiums, Phase I and Phase 2-A as below.
stated Developer covenants with all unit owners of units in Phase I and Phase 2-A of Cobblestone Condominiums and all future unit owners of units in either Phase I or Phase 2-A Cobblestone of Condominiums that the undivided fractional or percentage interest in the total common areas and facilities of Cobblestone Condominiums, Phase I or Phase 2-A as stated below was determined in the proportions that the fair market value of each unit at the date of this Supplemental Declaration bares to the then aggregate fair market value of all of the units.
The undivided fractional or percentage interest belonging to each two bedroom unit is 2.3613 percent, and the undivided fractional or percentage interest belonging to three bedroom unit is 2.6695 percent.
each ARTICLE V INCORPORATION All terms and provisions of the Declaration of Unit Ownership as recorded in Book 1299, beginning at Page 814, et seq.
, and as amended in Book 1301, beginning at Page 1620, et seq., in the office of the Register of Deeds in New Hanover
aration of Unit Ownership as recorded in Book 1299, beginning at Page 814, et seq.
, and as amended in Book 1301, beginning at Page 1620, et seq., in the office of the Register of Deeds in New Hanover County, North Carolina together with Exhibits D and E therein are hereby adopted in their entirety and incorporated herein by IN WITNESS WHEREOF, the Developer, Cobblestone Condominium , Incorporated, of Wilmington, North Carolina, has caused this Supplemental Declaration to be signed in its name by reference.
" CLIL c.
BOOK.
PAGE 1316 0261 its President, attested by its Assistant Secretary and its corporate seal hereto affixed, all the day and year first above written.
ATTEST: Richard Assistant Secretary ondominium Incorporated SEAL) CORPORATE SEAL Cobblest Wilmington" COBBLESTONE CONDOMINIUM, INCORPORATED, OF WILMINGTON, NORTH CAROLINA BY: Ann President NC STATE OF NORTH CAROLINA COUNTY OF COLUMBUS I, Gail C. Baker, a Notary Public for said County and State, certify that Richard S. Owens, III personally came before me this day and acknowledged that he is Assistant Secretary of Cobblestone Condominium, Incorporation, of Wilmington, North Carolina and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself as its Assistant Secretary.
attested Witness my hand and official seal, this the 23rd day of January, 1986.
*hile Bake Notary Public My commission expires: 3-27-90 52% E NOTARY PUBLI (SEAL) STATE OF NORTH CAROLINA New Hanover County The Foregoing Certificate of GAIL C. BAKER, A – NOTARY PUBLIC is certified to be correct.
This the 23 day of Jan 1986Rebecca P. Tucker, Register of Deeds By DEPUTY BOOK PAGE 1316 0262
Hanover County The Foregoing Certificate of GAIL C. BAKER, A – NOTARY PUBLIC is certified to be correct.
This the 23 day of Jan 1986Rebecca P. Tucker, Register of Deeds By DEPUTY BOOK PAGE 1316 0262 EXHIBIT A TO THB SUPPLEMENTAL DECLARATION OF UNIT OWNERSHIP FOR COBBLESTONE CONDOMINIUMS, PHASE 2-A BEGINNING at a new iron stake, said iron stake being located North 79 degrees 31 minutes 15 seconds East 250 feet, thence South 10 degrees 28 minutes East 134 feet, thence North 79 degrees 30 minutes 30 seconds East 79.03 feet, thence South 10 degrees 29 minutes 30 seconds East 36 feet from a concrete monument located at the intersection of the center lines of Newkirk Avenue and Francis Marion drive in Hanover Heights Subdivision, a map of which is recorded in map book 5 at page 65 of the New Hanover County Registry; From the beginning point thus located, runs thence North 79 Gegrees 30 minutes 30 seconds 243.76 feet to an iron stake; thence South 10 degrees 29 minutes 30 seconds Bast 74.08 feet to an iron stake; thence North 79 degrees 30 minutes 30 seconds East 22 feet to an iron stake; thence South 10 degrees 29 minutes 30 seconds East 77.83 feet to an iron stake; thence South 79 degrees.
30 minutes 30 seconds West 265.76 feet to an iron stake; thence North 10 degrees 29 minutes 30 seconds West 151.91 feet to the beginning point; the same containing 0.89 acre, more or less.
BOOK PAGE 1316 0263 CONSTRUCTION 16.17.38.19 14,16 7.18.11.18.10 PHASE 1 AE SAY DIVIN SITE PLAN 1°-40' R788 ABCD PHASE ZA PROPOSED PHASE 3 UST HADER 65.70° _ LIBIBIT. "".
130°31'15 380° شناسن ...its of F Fif 01 ------------MUOSE DA, AS CURT DIMENSIONS – 16 20 36 | PESULT DIMENSIONS-1916'85 COSSLESTONE CONDOMINIUMS "PHASE I SITE FLAN THOMPSON & MEVICK WARISTORAG 16.89 1 1316 0264 LING
Fif 01 ------------MUOSE DA, AS CURT DIMENSIONS – 16 20 36 | PESULT DIMENSIONS-1916'85 COSSLESTONE CONDOMINIUMS "PHASE I SITE FLAN THOMPSON & MEVICK WARISTORAG 16.89 1 1316 0264 LING 401 UNIT A PARKOM BEZANOM UNIT B 401 LIVING DINING UNIT A UNIT B TYPICAL HANDICAPPED UNIT 594 GLEY, ANG LIVING-DWING -KITENE INTLY ENTRY 7:00 SCREENED PORCH 98.4 S/F PRORATED ENTRY PORCH 60.0 S/F UNIT PLAN 973 SF GROSS AREA UML 801 EEVAZIM BEUUZM (4) Se EXBIBIT "C" TLANTING WALK 08048044 LIVING DINING ENTRY UML.
COMPLE TONE CENE.MINIUMS WILIGHTENING UNIT ANG FLOR THOMPSON & McVICKER ARCHITECTS M M BOOK PAGE 1316 0265 LIVING. DINING 10%.
TIPIVAL DUILUNG 33 UNIT C Bind 6:0 UNIT PLAN 973 SF GRO88 BEDROOM BEDROOM BEDROOM FITICAL DUILDING DO UNIT D UNIT C UNIT D.
SUTEY LIVING DINING LIVING DINING UAL ENTRY 2014 BEDROOM BEGBOOM DEDROOM DETAIL bea ENTRY LIVING-DINING UTIL ---WILMINGTON NG UNIT LANS FLAN THOMPSON & NOVICKED ARCHITECTS 818 829 POST.8.
30 A2 HENT 1 2008 PAGE 1316 0266 TYPICAL BUILDING ELEVATION Y Ra H TYPICAL BUILDING ELEVATION '4" (ms) LE WI,WS, WD, UNIT 16' REAR ELEVATION (TWO BUILDINGS) & R END ELEVATION & REAR ELEVATION . 3 BEDRM. END UNIT..
ATLASES FITRIG— END ELEVATION @ BEDRM, LINIT. Y CADELE STONE COMPUNE LATE WILMINGTON NO TELLATION THOMPSON & MOVICKER ARCHITECTS -1316 0267 _ LIVINGVERING 401 BUILDING SECTION 3/8° S Agate JTHBE 10'4 FLOOR TAVOTU C& 1 8/06 402 SECTION 3 BEDRM. UNIT 3/8" P --403 SECTION SCREENED PORCH 3 BEDRM. UNIT 3/8° GOBBLESTONE WILMINGTON NO CONDOMINIUMS THOMPSON & MOVICKER ARCHITECTS A-4 BOOK PAGE 1316 0268 19:0 $102 8107 $104 8192 $109 701 FOUNDATION PLAN 3 BEDRM. UNIT 1/4° SIMILAR FOR OPFOCITE HAND SCREENED PORCH 96.4 B/F . PRORATED ENTRY PORCH 60.0 S/F 3 BR. UNIT PLAN 1100 SF GROSS AREA 1420 944 64 DEPROOM PLACE IN
$104 8192 $109 701 FOUNDATION PLAN 3 BEDRM. UNIT 1/4° SIMILAR FOR OPFOCITE HAND SCREENED PORCH 96.4 B/F . PRORATED ENTRY PORCH 60.0 S/F 3 BR. UNIT PLAN 1100 SF GROSS AREA 1420 944 64 DEPROOM PLACE IN SEA-1 702 FLOOR PLAN 3 BEDRM. UNIT 1/4' • " ELECTRICAL AND PLANS FOR or d 703 FLOOR PLAN 1/4' 3 BEDROOM INTERIOR UNIT po COBBLESTONE WILMINGTON, NGH AS BUILT DING & INT LIMIT 0685 CONDOMINIUMS 3 BEDRM UNIT FOUNDATION PLAN & FLOOR PLAN THOMPSON & McVICKER ARCHITECTS 13 cart 194 AS