3 26 Book 5950 Page 976 BK: RB 5950 PG: 976-979 RECORDED: 02-23-2016 01:26:43 PM 2016004929 NEW HANOVER COUNTY, NC TAMMY THEUSCH BEASLEY REGISTER OF DEEDS BY: CAROL HUGHLEY DEPUTY DECLARATION OF RESTRICTIVE COVENANT Mail after recording to: Demarest Neighborhood Association Inc., c/o CEPCO, 1628 Doctors Circle, Wilmington, N.C. 248401 This instrument was prepared by: Martin Griess, CEPCO, HOA Management, Wilmington, N. C. 28401 Brief description for index: Demarest Landing, Middle Sound Loop Road, Wilmington, NC 28411 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER NC FEE $26.00 STORMWATER RESTRICTIVE COVENANT WHEREAS, Demarest Neighborhood Association, a North Carolina non-profit corporation, New Hanover County, Wilmington, North Carolina (hereinafter referred to as the "Declarent") is the owner of NCDENR Permit No. SW8 941208, regarding the Demarest Landing Subdivision (hereinafter referred to as the "Property"), Low Density Subdivision Stormwater Permit, located in New Hanover County, North Carolina.
WHEREAS, in consideration of the issuance of the required authorizations and permits for the installation of stormwater systems in accordance with the State of North Carolina Department of Environment and Natural Resources Division of Water Quality within and about the Property and for other good and valuable consideration and for resource, environmental and other values, the sufficiency of which is hereby acknowledged, Declarent has agreed to place the following covenants on the Property for the uses and purposes provided herein.
NOW THEREFORE, Declarent hereby declares that the Property shall be held, transferred, conveyed, leased, occupied, and otherwise disposed of and used subject to the following covenants, which shall run with the land: Betum To: Jason Ferree
s that the Property shall be held, transferred, conveyed, leased, occupied, and otherwise disposed of and used subject to the following covenants, which shall run with the land: Betum To: Jason Ferree Page 1 of 3 Book 5950 Page 977 a.
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To ensure ongoing compliance with State Stormwater Management Permit Number SW8 941208, as issued by the Division of Water Quality under NCAC 2H.1000 February 6, 1995, Modified January 25, 1996 and Modified February 25, 1998; The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit.
These covenants are to run with the land and be binding on all persons and parties claiming under them.
The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Water Quality.
Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality.
The Maximum built-upon area per lot is as follows in accordance with the NCDENR Permit No. SW8 941208 Modified February 25, 1998: Lots 2, 3, 10-13, 20-23, 28-31, 40, 41 and 47 @ 4,400 sq. ft.; Lots 4-7, 9, 14-19, 24-26, 32-37, 45, 46 and 49 @ 4,628 sq. ft.; Lot 8 @ 5,500 sq. ft.; Lot 1 @ 5,775 sq. ft.; Lots 27 and 39 @ 5,875 sq. ft.; Lot 38 @ 6,275; And Lot 48 @ 6,875; The Clubhouse is limited to 25,933 sq. ft.; This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, slate, coquina and parking area, but does not include raised, open wood decking, or the water surface of swimming pools.
All runoff on the lot must drain into the permitted system. This may be accomplished through providing roof drain gutters, which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street. Lots that will naturally drain into the system are not required to provide these measures.
Built-upon area in excess of the permitted amount will require a permit modification.
Page 2 of 3 Book 5950 Page 978 Demarest Neighborhood Association Inc.
Jason Ferree, President I, Jessica Mairs County of New Hanover a Notary Public for the State of NC _do hereby certify that Jason Ferree personally appeared before me this 22nd day of February, 2016, and acknowledged the due execution of the foregoing Stormwater Restrictive Covenant.
Witness my hand and official seal, Jessica Mairs My commission expires: 04/16/2017 SEAL JESSICA MAI!!!!!
NOTARY PUBLIC HANOVER NC COUNTY, Page 3 of 3 [Signature Page for Declaration of Restrictive Covenants for Stormwater] COUNTY STABLISHED TAMMY THEUSCH BEASLEY Register of Deeds Book 5950 Page 979 New Hanover County Register of Deeds 216 NORTH SECOND STREET WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 • Fax 910-798-7751 ER COUNTY NEW HANOVER • NORTH CAROLINA CD 1729 ESTABLISHED State of North Carolina, County of NEW HANOVER Filed For Registration: 02/23/2016 01:26:43 PM Book: RB 5950 Page: 976-979 4 PGS $26.00 Real Property $26.00
HANOVER • NORTH CAROLINA CD 1729 ESTABLISHED State of North Carolina, County of NEW HANOVER Filed For Registration: 02/23/2016 01:26:43 PM Book: RB 5950 Page: 976-979 4 PGS $26.00 Real Property $26.00 Recorder: CAROL HUGHLEY Document No: 2016004929 DO NOT REMOVE!
NORTH CAROLINA 1729 This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording.