HOAproxy ← Independence East Villas at Independence East Condominiums

00

Independence East Villas at Independence East Condominiums · 10 pages
Open PDF
Page 1

BOOK PAGE RECORDED AND VERIFIED STATE OF NORTH CAROLINA 1555 1540 COUNTY OF NEW HANOVER REBECCA P. TUCKER REGISTER OF DEFDS NEW HANOVER CO. NC Jun 14 244 PM '91 SUPPLEMENTAL DECLARATION OF CONDOMINIUM PHASE 4, SECTION 3, INDEPENDENCE EAST VILLAS AT INDEPENDENCE EAST CONDOFLINTURS KNOW ALL MEN BY THESE PRESENTS that, C & T Investment, North Carolina General Partnership, hereinafter called "C&T", heretofore executed and caused to be recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, a Declaration of Condominium with respect to Phase I, Independence East Condominiums , in Book 1273 at Page 1059; Declaration of Condominium for Phase 2, recorded in Book 1298 at a Supplemental Page 1003; a Supplemental Declaration of Condominium for Phase 3, Section 1, recorded in Book 1326 at Page 1504; a Supplemental Declaration of Condominium, Phase 3, Section 2, recorded in Book 1365 at Page 876; a Supplemental Declaration of Condominium Phase 4 , Section 1, Independence East Villas at Independence East Condominiums recorded in Book 1505 at. Page 1610; and a Supplemental Declaration of Condominium Phase 4, Section 2, Independence East Villas at Independence East Condominiums recorded in Book 1554 at Page 0181 of the New Hanover County Registry, (herein collectively referred to as the "Declaration"); and WHEREAS, C&T conveyed to Carolina Savings Bank (herein 98 "CSB") all of the undeveloped land in Independence East (herein "Undeveloped Land") and its rights to develop the same, and by Amendment to the Declaration recorded in Book 1505 at Page 1607 of the New Hanover County Registry, the date by which the Declarant may develop and annex the undeveloped land to the condominium has been extended to December 31, 1992; and

in Book 1505 at Page 1607 of the New Hanover County Registry, the date by which the Declarant may develop and annex the undeveloped land to the condominium has been extended to December 31, 1992; and WHEREAS, Terry F. Turner & Co. (herein the "Declarant") has purchased the development rights to the Undeveloped Land from CSB and has developed a portion thereof into Phase 4, Section 3, Independence East Villas, which he now desires to annex to the Condominium as provided in Paragraph 3 of the Declaration, as amended; and WHEREAS, the Declarant also desires to correct previously recorded Supplemental Declarations with respect to Sections 1, 2 and 3 of Phase 4 .

NOW, THEREFORE, the Declarant does further amend the Declaration in the following respects: 1. The description of the property submitted to unit ownership under the provisions of Chapter 47-A of the General Statutes of North Carolina is hereby further amended to include the property described upon Exhibit A hereto attached and incorporated by reference and shown upon the plat designated as Phase 4, Section 2, Independence East Villas at Independence East, Condominiums upon Exhibit A-1 hereto attached and incorporated by reference, which plat is also recorded in Condominium Plat Book 10 at Pages 100 & 101 of the New Hanover County Registry and rerecorded in condominium Plat Book 10 at Pages “104 £105 of said Registry.

2. The description of the building is hereby amended to provide that the Declarant has constructed or will construct upon the property described upon Exhibit A hereto attached, the building shown upon Exhibit B hereto attached. The building is more particularly described in the plans thereof, a copy of the floor plan of which is hereto attached as Page 1 of Exhibit C and made a part

Page 2

ding shown upon Exhibit B hereto attached. The building is more particularly described in the plans thereof, a copy of the floor plan of which is hereto attached as Page 1 of Exhibit C and made a part hereof, showing the particulars of the buildings as required by law.

Draftsman: DAVID C. BAREFOOT BAREFOOT & KAUFMAN 2002 Eastwood Road, Suite 202 Wilmington, North Carolina 28403 213726 RETURNED TO Barefoot Houfman /cmw 800* PAGE 1555 1541 3. Exhibit C, Pages 2 and 3, hereto attached and incorporated by reference, are hereby substituted in place of Exhibit C, Pages 1 and 2 in the Supplemental Declaration recorded in Book 1505 at Page 1610, which are hereby canceled and deleted.

The Unit Nos. (3744 & 3746) were transposed on the pages of Exhibt C hereby deleted and replaced.

4. The ratio of the undivided interest of each unit in the common areas and facilities shall be as shown upon Exhibit D-6, hereto attached and incorporated by reference, which exhibit is hereby substituted in place of Exhibit D-5, which is hereby canceled and deleted.

5. Exhibit E-6, the revised budget, hereto attached and incorporated by reference, is hereby substituted in place of Exhibit E-5, which is hereby canceled and deleted.

EXCEPT AS HEREIN AMENDED, the aforesaid Declaration of Condominium shall be and remain in full force and effect.

IN TESTIMONY WHEREOF, Terry F. Turner & Co. has caused this Instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers, all the 7th day of June, 1991.

ATTEST: TER Ba ASST. Secretary SEAL SEALE WORTH CAROL TERRY F. TURNER & CO.

By Thy Fun President NORTH CAROLINA OF NEW HANOVER I, MARY W. JAMES, a a Notary Public in and for the aforesaid County and State do hereby certify that ). SUAREZ

Pages 2–3

EALE WORTH CAROL TERRY F. TURNER & CO.

By Thy Fun President NORTH CAROLINA OF NEW HANOVER I, MARY W. JAMES, a a Notary Public in and for the aforesaid County and State do hereby certify that ). SUAREZ personally appeared before me this day and acknowledged that he/she is the ASST.

Secretary of TERRY F. TURNER & CO., a North Carolina corporation, and that by authority duly given and as the act of the said corporation the foregoing Instrument was signed in its name by its President, sealed with its corporate seal, and attested by herself as its Asst. Secretary.

WITNESS By hand and notarial seal, this the 10th Jun ME, OTAR Commission Expires: 120, 1996 SEAL) Mary St.

Notary Public day of STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER The foregoing certificate of MARY W. JAMES fied to be correct. This the 14 day of JUNE REBECCA P. TUCKER is certi1991.

Register of Deeds-New Hanover County By ms Orte Deputy/Assistant BOOK PAGE 1555 1542 EXHIBIT A TO SUPPLEMENTAL DECLARATION OF CONDOMINIUM INDEPENDENCE EAST CONDOMINIUMS PHASE 1; PHASE 2; PHASE 3, SECTIONS 1 and 2; PHASE 4, SECTIONS 1, 2 and 3 DESCRIPTION FOR PHASE 4, SECTION 3, INDEPENDENCE EAST VILLAS AT INDEPENDENCE EAST CONDOMINIUMS Section 1, BEGINNING at the southwestern corner of Phase 4, Independence East Villas at Independence East Condominiums as shown on a map recorded in Condo Map Book 10 at Page 47 of the New Hanover County Registry. Said beginning point being located South 2 degrees 08 minutes 35 seconds East 17.99 feet from a concrete monument.

Said concrete monument being located South 0 degrees 52 minutes 45 seconds West 163.66 feet from another concrete monument at the northwesterly corner of said Phase 4, Section 1. Last said concrete monument being located South 85 degrees 21 minutes 00 seconds East

Pages 3–5

45 seconds West 163.66 feet from another concrete monument at the northwesterly corner of said Phase 4, Section 1. Last said concrete monument being located South 85 degrees 21 minutes 00 seconds East 128.69 feet from a point in the easterly right-of-way line of Independence Boulevard (100 foot right-of-way), also known Last said point being located South 4 degrees 39 minutes 00 seconds West 2443.67 feet as measured along the easterly right-of-way line of said Independence Boulevard intersection with from its the center-line of Canterbury Road.

thence from said beginning point: 1.

2.

3.

4.

Running South 89 degrees 26 minutes 38 seconds East 136.10 feet along the southerly line of said Phase 4, Section 1, Independence East Villas to a point at the southeasterly corner of said Phase 4, Section 1; thence South 0 degrees 18 minutes 00 seconds West 51.84 feet along the westerly line of Section 2, Phase 3, Independence East as shown on a map recorded in Condo Map Book 8 at Page 12 of said Registry; thence South 87 degrees 56 minutes 57 seconds West 133.74 feet to a point; thence North 2 degrees 08 minutes 3 seconds West 57.99 feet to the point of beginning.

The above tract contains 0.17 acres.

800* - AGE 1555 1543 ZZRESTON PLACE ASCENDENCE CLEA We M CARRER *” NORTH CAR PHASE 4, SECTION 3 INDEPENDENCE EAST VILLAS INDEPENDENCE EAST CONDOMINIUMS NEW HANDVER ORTH && LAND SURVE FOR 4-10 AR EXHIBIT A0.17 ACRES 394 1555 1544 *008 I AND CERTIFICATE OND EDITION MY OF THAT IT THE US MY W THE NEWERY APT THE PLAN OF OWN FREE COMMENT, SEON LINEA CATE ALL STREETS ALLE LE PATE ANOTHER NES TO PUT AS NOTR FURTHER / LARG AS NOW HEREN E THE PLATITION OF THE CITY OF A June 6, 1991 T AN EXCEPT ART THE AND HEAL THAY OF ALE AEG LAND SURVE&-1000 NEW HANOVER COUNTY NORTH SAG

Pages 5–6

LE PATE ANOTHER NES TO PUT AS NOTR FURTHER / LARG AS NOW HEREN E THE PLATITION OF THE CITY OF A June 6, 1991 T AN EXCEPT ART THE AND HEAL THAY OF ALE AEG LAND SURVE&-1000 NEW HANOVER COUNTY NORTH SAG STEM ALLY APPEARED ON THE DAY AN THE THE SONY HAND AND OFFI STP OR SEAL THE DAY NEW HANOVER COUNTY AL_ 41.1 CERTIFICATE OF ARCHITECT WEET SULF THAT THE BE PLANE ENTITLED Pmber ENCE EAST VILLAS AT MOEPENDENCE CAST SHEETS OF PL PLANS ARE AN ACCURAT OF THE PLANE OF THE HAR F PLAN FRLY AND AT THE LOCATION AND OF THE ESAS BUILT WITH AND ARE THE CITY OF 12:12.91 Corning kwiej ZZWhat OF THE NEW HANDVER COUNTY ENTRY INDEPENDENCE BOULEVARD S.R₤1809 BIT AG PHASE 4 SECTION 3 INDEPENDENCE EAST VILLAS INDEPENDENCE EAST CONDOMINIUMS AT NEW HANOVER CO GAR SALE OF FEET EXHIBIT B LA PURVEYOR 0.17 ACAES 800* PAGE 1555 1545 EXHIBIT "DSUPPLEMENTAL DECLARATION OF CONDOMINIUM INDEPENDENCE EAST VILLAS AT INDEPENDENCE EAST CONDOMINIUMS PHASE 1; PHASE 2; PHASE 3; PHASE 4, SECTIONS 1, 2 & 3 PERCENTAGE OF OWNERSHIP OF EACH UNIT IN THE COMMON ELEMENTS UNIT HEATED ARFA GARAGE ARFA TOTAL ARFA UNDIVIDED INTEREST MONTHLY ASSESSMET 3701A 2183 s.f.

498 s.f.

3701B 2446 s.f.

576 s.f.

2681 s.f.

3022 s.f.

3701C 1471 s.f.

576 s.f.

2047 s.f.

3.47965% 3.92223% 2.65679* 3701D 1898 s.f.

498 s.f.

2396 s.f.

3.10975% 3703A 1398 s.f.

384 s.f.

1782 s.f.

2.31284% $ 127.56 143.78 97.39 114.00 84.78 3703B 2446 s.f.

576 s.f.

3022 s.f.

3.92223% 143.78 3703C 1471 s.f.

576 s.f.

2047 s.f.

2.65679% 97.39 3703D 1898 s.f.

498 s.f.

2396 s.f.

3.10975% 114.00 3705A 1898 s.f.

498 s.f.

2396 s.f.

3.10975% 114.00 3705B 2446 s.f.

576 s.f.

3022 s.f.

3.92223% 143.78 3705C 1471 s.f.

576 s.f.

2047 s.f.

2.65579% 97.39 3705D 1898 s.f.

384 s.f.

2282 s.f.

2.96178% 108.57 3707A 2630 s.f.

576 s.f.

3206 s.f.

4.16104% 152.53

Pages 6–7

05B 2446 s.f.

576 s.f.

3022 s.f.

3.92223% 143.78 3705C 1471 s.f.

576 s.f.

2047 s.f.

2.65579% 97.39 3705D 1898 s.f.

384 s.f.

2282 s.f.

2.96178% 108.57 3707A 2630 s.f.

576 s.f.

3206 s.f.

4.16104% 152.53 3707B 1708 s.f.

391 s.f.

2099 s.f.

2.72428* 99.87 3707C 1898 s.f.

498 s.f.

2396 s.f.

3.10975% 114.00 3709A 1550 s.f.

384 s.f.

1934 s.f.

2.51012% 92.01 3709B 1708 s.f.

391 s.f.

2099 s.f.

2.72428* 99.87 3709C 2446 s.f.

576 s.f.

3022 s.f.

3.92223% 143.78 3709D 1464 s.f.

391 s.f.

1855 s.f.

2.40759% 88.26 3711A 1464 s.f.

391 s.f.

3711B 2630 s.f.

576 s.f.

1855 s.f.

3206 s.f.

2.40759% 88.26 4.16104% 152.53 3711C 2630 s.f.

576 s.f.

3711D 1898 s.f.

498 s.f.

3206 s.f.

2396 s.f.

4.16104% 152.53 3.10975$ 114.00 3712A 2446 s.f.

576 s.f.

3022 s.f.

3.92223% 143.78 3712B 2630 s.f.

576 s.f.

3206 s.f.

4.16104% 152.53 3712C 1900 s.f.

576 s.f.

2476 s.f.

3.21358% 117.80 3712D 2100 s.f.

498 s.f.

2598 s.f.

3.371928 123.61 3742 * 3744 1790 s.f.

390 s.f.

2180 s.f.

2.82941% 103.71 1956 s.f.

390 s.f.

2346 s.f.

3.04486% 111.61 * 3746 * 3748 2588 s.f.

3.35895% 123.13 2218 s.f.

2.878723 105.52 TOTAL 61,798 15,250 77,048 100.00% 3,665.75 on *Note 1: Square footage on these units incorrectly shown previously recorded Exhibits D-4 and D-5 which have been deleted and replaced by this exhibit D-6.

floor area above garage. Second floor area above garage in Units 3742, 3744 and 3748 is unfinished. If any of those areas are later completed by the owners the square footage and the allocated interests in the common elements of each such altered unit will be increased accordingly and a revised Exhibit D executed reflecting such change will be executed and recorded.

B00K PAGE 1555 1546 EXHIBIT "E-6"

Pages 7–10

in the common elements of each such altered unit will be increased accordingly and a revised Exhibit D executed reflecting such change will be executed and recorded.

B00K PAGE 1555 1546 EXHIBIT "E-6" SUPPLEMENTAL DECLARATION OF CONDOMINIUM INDEPENDENCE EAST CONDOMINIUMS PHASE 1; PHASE 2; PHASE 3; PHASE 4, SECTIONS 1, 2 and 3 ESTIMATED OPERATING EXPENSES ADMINISTRATIVE EXPENSES: 1. Legal and Audit OPERATING EXPENSES: 1. Utilities 2. Exterminating 3. Trash $ 465.00 11,160.00 1,209.00 5,580.00 REPAIRS AND MAINTENANCE: 1. Building maintenance, repairs and replacement reserves 2. Gardening and yard maintenance and repairs including shrub replacement FIXED EXPENSES: 1. Insurance premiums TOTAL ANNUAL EXPENSES: 7,440.00 11,160.00 6,975.00 $43.989.00 BOOK PAGE 1555 1547 It *Sid 20'-0" GARAGE ## 11076 10'-9° 830* 13/4" 43'4" DIVELLING UNIT # ADPRESS # 3742 FIRST FLOOR AREA.

39142 AREA DISTRIBUTION FIRST FLOOR 1,7909.19 SECOND FLOOK ABOVE GARAGE 408 SE (UNFINISHED.

NZAGE…...

390 ST +20° 11'-8" 10'-0" 20 -CAMDEN - EXHIBIT "C" •PHASE-4 SECTION 3 INDEPENDENCE EAST VILLAS AT INDEPENDENCE EAST CONDOMINIUMS.

SECOND FLOOR AREA. ABOVE GARAGE (UNFINISHED) PAGE LOK 4008 PAGE 1555 1548 + 1945" 20'-0" 86.0" GARAGE 10'9" 47'-4" DIVELLING UNIT.

& ADDRESS # 3744 FIRST FLOOR AREA CAREA DISTRIBUTION - FIRST FLOOR 1,956 B.P.

SECOND FLOOR ABOVE 408 5.F.

GARAGE 390 S.F.

'8'-10" 1178" 10'0" 2-0" 1₤240" SECOND FLOOR AREA - ABOVE GARAGE (UNFINISHED) -WELLS- EXHIBIT "C" PHASE-4 SECTION-1 INDEPENDENCE EAST VILLAS.

AT INDEPENDENCE EAST CONDOMINIUMS. AGE 27 (REVISED) BOOK PAGE 1555 1549 456781 10±9" 2060* 840" GARAGE 13/4' 810" 43-4 DWELLING $ ADDRESS UNIT 3746 · FIRST FLOOR AREA 3914* _ AREA DISTRIBUTION FIRST FLOOR, 1,790 5.1 SECOND FLOOR.

ABOVE GARA (FINISHED 408 8.P.

3905.F 2-0 10-0"

81 10±9" 2060* 840" GARAGE 13/4' 810" 43-4 DWELLING $ ADDRESS UNIT 3746 · FIRST FLOOR AREA 3914* _ AREA DISTRIBUTION FIRST FLOOR, 1,790 5.1 SECOND FLOOR.

ABOVE GARA (FINISHED 408 8.P.

3905.F 2-0 10-0" CAMDEN- EXHIBIT "C" PHASE 4 SECTION-1 INDEPENDIENCE EAST VILLAS INDEPENDENCE EAST CONDOMINIUMS AT SECOND FLOOR AREA - ABOVE GARAGE (FINISHED) (REVISED) PAGE 3 OF 3