جال STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 2736 0 384 DECLARATION OF COVENANTS.
CONDITIONS AND RESTRICTIONS FOR TRAILS END BOAT RAMP ASSOCIATION THIS DECLARATION, made on the date hereinafter set forth by the Trails End Boat Ramp Association, an association of property owners on Trails End Rd., Wilmington, North Carolina in New Hanover County, hereinafter referred to as "DECLARANT.”
000047 WITNESSETH: WHEREAS, the DECLARANT represents Trails End property owners who have an exclusive easement to Masonboro Sound via a 445 ft right of way extending from the end of the state road to the water as describe in the Map of the Masonboro Bluffs Subdivision, Map Book 173, Page 11 of New Hanover County Registry; and WHEREAS, DECLARANT plans to control and limit access to the existing private Boat Ramp and Masonboro Sound to Trails End Property Owners, Family, and Guests and Tenants, Family and Guests.; and WHEREAS, DECLARANT has organized or will organize a nonprofit Association, known as TRAILS END BOAT RAMP ASSOCIATION, hereinafter referred to as "Association" to manage, and maintain the Boat Ramp Right of Way and Gate for the exclusive use, and mutual benefit and enjoyment of all members of the Association and Property Owners; and WHEREAS, DECLARANT desires to impose certain restrictive and protective covenants, conditions, and restrictions as hereinafter set forth.
NOW, THEREFORE, DECLARANT hereby declares that all of the properties who are members of the Association (Membership List Attached), as described in that Map recorded in Map Book 173, Page 11 of the New Hanover County Registry shall be held, sold and conveyed subject to the following easements, covenants, and conditions, all of which are for the
n that Map recorded in Map Book 173, Page 11 of the New Hanover County Registry shall be held, sold and conveyed subject to the following easements, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of such property.
These easements, covenants, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described properties or any part thereof, and shall inure to the benefit of each Member of the Association.
ARTICLE I DEFINITIONS 2000 APR 20 All:35 RECORDED THE MODIFIED MARY SUR TOTS REGISTER DEEDS.
Section 1: “ARTICLES” shall mean and refer to the formation of the TRAILS BOAT RAMP ASSOCIATION.
D David Smelle 313-0968 631198 BOOK 2736 PAGE 0 385 Section 2: 'ASSOCIATION” shall mean and refer to TRAILS END BOAT RAMP ASSOCIATION, Wilmington, NC and New Hanover County and its successors and assigns.
Section 3: “BOARD or BOARD OF DIRECTORS” shall mean and refer to the Board of Directors of the Trails End Boat Ramp Association as lawfully constituted from time to time under the Bylaws and this Declaration.
Section 4: “BOAT RAMP" shall mean and refer to the 445 ft exclusive deeded right of way and easement that extends from the end of Trails End Rd to Masonboro Sound at a width of 35 ft as shown on the map entitled Masonboro Bluffs recorded in Map Book 173, Page 11 of the New Hanover County Registry. Map and Sample Deed Attached.
Section 5; "RAMP LICENSE" shall mean and refer to that instrument conveying a Property Owners right to use the Boat Ramp.
Section 6: “BYLAWS” shall mean and refer to the Bylaws of TRAILS END BOAT RAMP ASSOCIATION.
Section 7; “COMMON AREA" shall mean all real and personal property
operty Owners right to use the Boat Ramp.
Section 6: “BYLAWS” shall mean and refer to the Bylaws of TRAILS END BOAT RAMP ASSOCIATION.
Section 7; “COMMON AREA" shall mean all real and personal property within the 445 ft by 35 ft exclusive right of way and easement for the common use and enjoyment of all property owners and Members of the Association.
Section 8: Association.
‘DECLARANT" shall mean and refer to Trails end Boat Ramp Section 9: “DECLARATION" shall mean and refer to the Trails End Boat Ramp Association.
Section 10: "MEMBER" shall mean and refer to any person or entity, whether one or more, who has a Membership in the Association. All members must be an owner of lots in the Masonboro Bluffs Subdivision as shown in Map Book 173, Page 11 of the New Hanover County Registry.
Section II “MEMBERSHIP" shall mean and refer to the rights, benefits, duties and obligations, evidenced by an appropriate Ramp License, entitling its holder to the exclusive use of the Boat Ramp, together with all other rights, benefits, duties, and obligations, which inure to the benefit of each Member of the Association.
Section 12: "NONMEMBER" shall mean and refer to any person or entity, whether one or more who owns property in the Masonboro Bluffs Subdivision as shown in Map Book 173, Page 11 of the New Hanover County Registry and has chosen not to join the Trails End Boat Ramp Association.
Section 13: “PROPERTIES” shall mean and refer to that certain real property BUUA 2736 PAGE 0 38 6 described in that map recorded in Map Book 173, Page 11 of the New Hanover County Registry.
Section 14: “RULES AND REGULATION" shall mean and refer to the Rules and Regulations of the TRAILS END BOAT RAMP ASSOCIATION.
ARTICLE 2 ASSOCIATION
ook 173, Page 11 of the New Hanover County Registry.
Section 14: “RULES AND REGULATION" shall mean and refer to the Rules and Regulations of the TRAILS END BOAT RAMP ASSOCIATION.
ARTICLE 2 ASSOCIATION Section 1: PURPOSE. The purpose of the Trails End Boat Ramp Association is to manage, operate and maintain the Trails End Boat Ramp (the exclusive deeded right of way and easement as noted in all deeds of property owners in Masonboro Bluffs Subdivision); to enforce this Declaration; and to make and enforce the Rules and Regulations governing Members use and occupation of the Boat Ramp.
Section 2: MEMBERS: All members must own lots in the Masonboro Bluffs Subdivision as shown on that map recorded in Map Book 173, Page 11 of the New Hanover County Registry.
Section 3: MEMBER'S RIGHTS: a. Each Member (including family and guests) shall have the exclusive right, subject to the provisions of this Declaration and the Bylaws and Rules and Regulations promulgated by the Board of Directors, and any applicable local, state, or federal regulations to lawfully use the Boat Ramp.
b. Any tenant, including family and guests shall have the same rights of the property owner to use the Boat Ramp subject to the same conditions.
Section 4: NONMEMBER'S RIGHTS: a. Each Nonmember property owner, including family and friends and/or tenants, family and friends shall have the same rights as Members.
Section 5: VOTING RIGHTS; Each Membership shall have one (1) vote for each lot owned in Masonboro Bluffs Subdivision. When more than one person or entity holds an interest in a lot, the vote shall be exercised as they among themselves shall determine, but in no event shall more than one vote be cast with respect to each parcel of land.
Section 5: MANAGEMENT AND ADMINISTRATION. The management
ll be exercised as they among themselves shall determine, but in no event shall more than one vote be cast with respect to each parcel of land.
Section 5: MANAGEMENT AND ADMINISTRATION. The management and administration of the Boat Ramp Right of Way shall be the sole right and responsibility of the Association. The management shall be carried out in accordance with the terms and conditions of this Declaration, the Articles, Bylaws and Rules and Regulations.
BOOK PAGE 2736 0 387 ARTICLE 4 MAINTENANCE The Association shall provide maintenance of the Boat Ramp Easement and Right of Way.
The cost of the Maintenance shall be financed from voluntary contributions from the membership.
ARTICLE S USE RESTRICTIONS Section 1: RULES ANS REGULATIONS. The Board of Directors of the Association shall have the power to formulate, publish and enforce reasonable Rules and Regulations concerning the use and enjoyment of the Boat Ramp.
Section 2: USE OF PROPERTIES. ETC. The Boat Ramp may not be used for any commercial purpose without the prior written approval of the Board of Directors.
Section 3: QUIET ENJOYMENT. No obnoxious or offensive activity shall be carried on in the Boat Ramp nor shall anything be done which may be or may become a muisance or annoyance to any Member, Non Member, assignee or Lessee.
Section 4.
USE RESTRICTION, The Boat Ramp shall be used only to launch and remove boats into and out of the water (Masonboro Sound). Boats, Trailers and Cars must be removed from the Ramp(Right of Way) as soon as the boats are removed from the water.
Members will not be permitted to dock boats at the boat ramp. All other uses are prohibited.
Section 5.
PARKING. Parking shall be allowed only in designated areas as determined by the Board of Directors. Overnight parking is prohibited.
k boats at the boat ramp. All other uses are prohibited.
Section 5.
PARKING. Parking shall be allowed only in designated areas as determined by the Board of Directors. Overnight parking is prohibited.
Section 6.
WATER QUALITY. No refuse, trash, oil, gasoline or other items may be released into Masonboro Sound or discarded on the deeded Boat Ramp right of Way.
Section 7.
Noise and Traffic. All members must take all appropriate action to minimize all noise within the Boat Ramp right of way and drive at no more than 10 mph while exiting the Boat Ramp right of way.
Section 8.
LIMITATION OF USE. Use of the Boat Ramp shall be Limited to all Property Owners, Family, and Guests and/or all Lessees, Family and Guests.
Section 9.
LIABILITY. Members, Family, Guests and/or Lessees, Family and Guests and/or Nonmember property owners, Family and guests shall use the Boat Ramp Right of Way at their own risk and hold the Association, its Officers and Board of Directors and Membership Harmless from any injury incurred while using the Boat Ramp. Signs will VUVA TAVE 2736 be posted notifying all users that they are using the Ramp at their own risk.
*Section 1: ARTICLE 6 EASEMENT 0388 EASEMENT FOR MEMBERS AND NONMEMBERS: All the Deeds of property owners in the Masonboro Bluffs Subdivision have a perpetual easement upon, over and across the Boat Ramp Right of Way for the general purpose intended. The perpetual easement is tied to the property and transfers to the new owner when sold.
ARTICLE 7 ENFORCEMENT In the case of failure of a Member to comply with the terms and provisions contained in this Declaration, the Articles, the Bylaws or Rules and Regulations of the Association, the following relief shall be available: Section 1: RIGHT TO ENFORCE: The Association and any member shall
ed in this Declaration, the Articles, the Bylaws or Rules and Regulations of the Association, the following relief shall be available: Section 1: RIGHT TO ENFORCE: The Association and any member shall have the right to enforce all conditions, covenants and restrictions of this Declaration, the Articles, Bylaws and Rules and Regulations of the Association.
Section 1: ARTICLE 8 GENERAL PROVISIONS WAIVER, No provision contained in this Declaration, the Articles, Bylaws or Rules and Regulations shall be deemed to have been waived, abandoned, or abrogated by reason of failure to enforce them on the part of any person as to the same similar future violations, no matter how often the failure to enforce is repeated.
Section 2.
SEVERABILITY. Invalidation of any one of these covenants, conditions, or restrictions by judgment or any court, agency or legislative order shall in no way affect any other provisions, covenant, condition or restriction contained in this Declaration which shall remain in full force and effect.
Section 3.
CONFLICT. In the event of any irreconcilable conflict between this Declaration and the Bylaws of the Association, the provisions of this Declaration shall control. In the event of any irreconcilable conflict between this Declaration and the Articles of Incorporation of the Association, the provisions of the Articles of Incorporation shall control Section 4 CAPTIONS. The captions of the various Articles of this Declaration are for the convenience of reference only, and shall not be used as an aid in interpretation or construction of this Declaration. As used herein, the singular includes the plural 2736 0389 and where there is more than one Member of a Membership, said Members are jointly and
in interpretation or construction of this Declaration. As used herein, the singular includes the plural 2736 0389 and where there is more than one Member of a Membership, said Members are jointly and severally liable for the obligations herein imposed. Throughout this Declaration, references to the masculine shall be deemed to include the feminine, the feminine to include the masculine and the neuter to include the masculine and feminine.
Section 5.
LIBERAL CONSTRUCTION. The Provisions of this Declaration shall be construed liberally to effectuate its purpose of controlling access to and maintenance of the Trails End Boat Ramp and right of way by rules, regulations, restrictions, covenants, conditions, reservations and easements administered by an Association with each Member entitled to and burdened with the rights equivalent to those of other Members.
IN WITNESS WHEREOF, DECLARANT has caused this instrument to be executed this 20 _day of APRIL 2000.
TRAILS END BOAT RAM RAMP ASSOCIATION By: David R. Grelle President STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1. Lisa M.Quinn County aforesaid, certify that David R. Gruelle a Notary Public of the State and President of Trails End Boat Ramp Association, a non profit company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument on behalf of the company.
WITNESS my hand and official seal this 20 day of April 2000 Lisa M. Quesin Notary Public My Commission Expires: 1-25-01 NORTH CAROLINA NEW HANOVER COUNTY Lisa M. Quinn The foregoing certificate of correct.
This 20day of April, 2000 Notary Public is certified to be Mary Sue Oots REGISTER OF DEEDS OF NEW HANOVER COUNTY BY: Mais Ann Stover, ходу Deputy 92 029 NEW HAVE Trails End Boat Ramp Association Directors and Officers
il, 2000 Notary Public is certified to be Mary Sue Oots REGISTER OF DEEDS OF NEW HANOVER COUNTY BY: Mais Ann Stover, ходу Deputy 92 029 NEW HAVE Trails End Boat Ramp Association Directors and Officers Election: April 16, 2000 President and Director: David R. Gruelle Treasurer and Director: Mitchel Higgins Secretary and Director: Alessandro Bocconcelli BUUK PAGE 2736 03 90 BOOK PAGE 2736 0391 _TRAILS END BOAT RAMP ASSOCIATION MEMBERSHIP LIST OF PROPERTY OWNERS Lot Number and Owner(s) Mailing Address Membership Vote 101 Gruelle, David R.
101 Trails End Rd, 28409 Yes 102 Hardee, Wayne & Tammy 102 Trails End Rd 28409 Yes ✓ 103 Tull, Tom & Catherine 110 Cahoon, Jeffrey Phillip 113 Hall, Stephen 50% Cline, Susan 50% 114 King, Mathelda Farrar 115 Wolfe, Charlene Richardson 117 Hall, Stephen 50% Cline, Susan H. 50% 118 Walton, John & Sharon 103 Trails End Rd 28409 Yes 110 Trails End Rd 28409 Yes 4269 Cardinal Blvd,Daytona Bch. FL Yes 2575 Liberty ST,North Bend, OR Yes Box 15654, 28408-5654 Yes 355 Sabra 28405-3844 Yes Same as above Yes Same as above Yes 118 Trails End Rd, 28409 No 119 Horne, John L.
119 Trails End Rd. 28409 Yes 120 Draper, Christopher 2840 College Rd 28412 Yes 121 Hollowaty, George and Marie 121 Trails End Rd, 28409 Yes 122 Caheon, Alton Yates & Joyce 127 Walsak, Robert M. Jr.
143 Riesz, Charles W & Joanne F.
147 Alberts, Gerald & Catherine 151 Smith, Dennis F. & Wendy L.
155 Taylor, Joseph 111 & Robin R.
159 Clark, Franklin D.
214 Wood, Thomas B Sr.
122 Trails End Rd, 28409 127 Trails End Rd, 28409 143 Trails End Rd, 28409 Yes Yes Yes 147 Trails End Rd, 28409 151 Trails End Rd, 28409 155 Trails End Rd, 28409 159 Trails End Rd, 28409 Yes Yes Yes Yes 214 Trails End Rd, 28409 Yes 218 Morton, Gerald & Donald 736 Quarterstaff Rd, Winston Salem, 27104 Yes
28409 151 Trails End Rd, 28409 155 Trails End Rd, 28409 159 Trails End Rd, 28409 Yes Yes Yes Yes 214 Trails End Rd, 28409 Yes 218 Morton, Gerald & Donald 736 Quarterstaff Rd, Winston Salem, 27104 Yes 226 Giroir, Carolyn S 231 Mercer, Jewell S 226 Trails End Rd, 28409 Yes 231 Trails End Rd, 28409 Yes 232 Parker, Theodore R & Della F 232 Trails End Rd, 28409 Yes 235 Newton, Mary Katherine 235 Trails End Rd, 28409 Yes 236 Sutton, Anthony M & Sandra C 236 Trails End Rd, 28409 Yes 239 Read, Daniel 239 Trails End Rd, 28409 Yes 306 Lorek, John Andrew Jr 310 Blake, Dorothy 2509 Adams St, 28401-7129 312 Trails End Rd, 28409 Yes Yes 311 Sayigh, Laela & Bocconcelli, A 311 Trails End Rd, 28409 312 Blake, Dorothy Yes 312 Trails End Rd, 28409 Yes 315 Manassas Inc.
128 Summer Haven Ave, 28405-4110 Yes 320 Smith, Charlie O Jr & Barbara 325 Hewlett, Graham & Fannie E 328 Smith, Charlie O Jr & Barbara 329-1A Kimbrell, Wayne 320 Trails End Rd, 28409 Yes 325 Trails End Rd, 28409 Yes 328 Trails End Rd, 28409 Yes 329-1A Trails End Rd, 28409 Yes BOOK PAGE 2736 0392 329-1B Rich, Garbiel J & Lisa Joy 329-2A Cross, Karen Lisa 329-2B Thompson, Rebecca Lynn 329-3A Schkeeper, John Anthony 329-3B Smith, Tommy & Jannett 335 Farrenkoph, Joan H 400 Knight, James Jr & Abbey W 406 Clemmons, Thomas 411 Inlet Construction Co 414 Ashby, John M [11 415 Potter, Geneva L 415 ½ Baggaley, Carolyn Smith 417 Lee, Helen 329-1B Trails End Rd, 28409 329-2A Trails End Rd, 28409 329-2B Trails End Rd, 28409 428 Horacek, Charles T & Deborah 428 Trails End Rd, 28409 435 Bowden, Mildred 440 Higgins, Mitchell & Vera O 514 Greenough, Linda Craig 515 Knight, Mae Brock 518 Rackley, James & Patricia 527 Lowe, Susan Hamby 551 Brigman, Louise B.
Yes Yes No 329-3A Trails End Rd, 28409 Yes 11604 Trottenham, Raleigh 27614 Yes
4 Greenough, Linda Craig 515 Knight, Mae Brock 518 Rackley, James & Patricia 527 Lowe, Susan Hamby 551 Brigman, Louise B.
Yes Yes No 329-3A Trails End Rd, 28409 Yes 11604 Trottenham, Raleigh 27614 Yes 335 Trails End Rd, 28409 Yes 400 Trails End Rd, 28409 Yes 4002 Oak Island Dr E, Oak Island 28465 Yes Box 580,Hampstead 28443 Yes Box 1781, 28402-1781 Yes 415 Trails End Rd, 28409 Yes 415% Trails End Rd, 28409 Yes 2125 Washington St,28401-6903 Yes Yes 20221 Riverchase Dr, Cornelius, NC 28031 Yes 440 Trails End Rd, 28409 Yes 213 Shorewood Hills Dr 28409 Yes 515 Trails End Rd, 28409 Yes 4915 Northeastern Dr, 28409 Yes 527 Trails End Rd, 28409 Yes 551 Trails End Rd, 28409 Yes 602 Fredrick, Mary Gena 604 Fredrick, Mary Gena 604 Trails End Rd, 28409 Yes 604 Trails End Rd, 28409 Yes 607 Masonboro Boat Yard & Lowe 609 Trails End Rd, 28409 609 Masonboro Boat Yard 610 Stevens, Michael Craig 611 Masonboro Boat Yard 613 Coble, John & Carole B 615 Coble, John & Carole B 620 Lillis, James M Jr & Ann B 617 Low, Jonnelle D 18 Oxford St, Wrightsville Bch 28480 Same as above Yes Same as above 3901 Oleander Dr, Ste 19, 28403 Same as above Yes Yes Yes No No 620 Trails End Rd, 28409 Yes 609 Trails End Rd, 28409 Yes 518-A Mullins, Ronald 4301 Masonboro Loop Rd Yes 419 Mullins, Ronald Same Yes 416 Mullins, Ronald Same Yes Filberti, Gregory & Margaret 4405 Masonboro Loop Rd Yes Members 69 Non Members 4 ; Trails End Boat Ramo Association Members who did not respond to the March 21, 2000 Negative Option Letter Attached 1. Christopher Draper, 120 Trails End Rd 2. Jewell S. Mercer, 231 Trails End Rd 3. Mary Katherine Newton, 235 Trails End Rd 4. Anthony and Sandra Sutton, 236 Trails End Rd 5. John Andrew Lorek, 306 Trails End Rd 6. Manassas Inc., 315 Trails End Rd
ell S. Mercer, 231 Trails End Rd 3. Mary Katherine Newton, 235 Trails End Rd 4. Anthony and Sandra Sutton, 236 Trails End Rd 5. John Andrew Lorek, 306 Trails End Rd 6. Manassas Inc., 315 Trails End Rd 7. Graham and Fannie Hewlet, 325 Trails End Rd 8. Wayne Kimbrell, 329-1A Trails End Rd 9. Joan Farrenkoph, 335 Trails End Rd 10. John Ashby, 414 Trails End Rd BOOK PAGE 2736 0 39 3 March 21, 2000 BOOK PAGE 2736 0394 Subject: Trails End Boat Ramp Association Dear Trails End Property Owner: In late January 2000, we advised you that a group of Trails End Property Owners were organizing the Trails End Boat Ramp Association (January 21" letter and Ballot attached). The response to this initiative has been very positive and we are moving ahead with the process outlined in the attached letter. As of this date we have not received your signed ballot. Would you kindly complete the attached Ballot and return to Mickey Higgins, 440 Trails End Rd by April 7, 2000, If we do not receive your Ballot by April 7, we will consider that you support the Trails End Boat Ramp Association and include your Lot as a member of the Trails End Boat Ramp Association.
Please remember that each lot on Trails End Rd has a deeded exclusive easement to Masonboro Sound via the existing ramp. By controlling access to property owners, guests and tenants only, we can reduce traffic, reduce noise, reduce dumping of garbage on the road, improve safety, improve quality of life and significantly improve access to the water by property owners. Needless to say, controlled access will improve property values.
Sincerely, David Gruelle January 21, 2000 BOOK PAGE 2736 03 95 Subject: Proposed Trails End Boat Ramp Association; Dear Trails End Property Owners:
say, controlled access will improve property values.
Sincerely, David Gruelle January 21, 2000 BOOK PAGE 2736 03 95 Subject: Proposed Trails End Boat Ramp Association; Dear Trails End Property Owners: Most of you are aware that a small group of Trails End Land Owners installed a gate at the boat ramp last summer which effectively limited boat ramp usage to Trails End Property owners. While the installation did not have the required County and CAMA permits, the gate effectively eliminated non Trials End Usage.
What was the impact on the quality of life on Trails End Road?
Less Traffic: Fewer Speeders: Less Noise: Fewer Drunken Drivers; Less Property Damage and the Elimination of a maierity of the dumping of garbage on the street, Because the appropriate process was not followed, the County and CAMA forced the removal of the gate.
A series of meetings have been held with the County Attorney and the County Planner with the following important results: 1. The County has agreed that the stretch of road from the End of the State Road to the water is in fact private property .
2. The County acknowledges that Trails End Land Owners have exclusive deeded access rights to the water via the private property ie. The boat ramp..
3. The Trails End Landowners have the right to form the “Trails End Boat Ramp" Association and control waterway access for the exclusive use of Trails End Owners, Renters and their guests.
In order to move this project ahead, the following steps are required: 1. Poll all Trails End Land owners re the formation of the Trails End Boat Ramp Association.
( Ballot Attached) 2. Hold a short meeting to elect a Board of Directors and Officers and finalize the Bylaws 3. Apply for a Special Use Permit and CAMA permit
of the Trails End Boat Ramp Association.
( Ballot Attached) 2. Hold a short meeting to elect a Board of Directors and Officers and finalize the Bylaws 3. Apply for a Special Use Permit and CAMA permit 4. Go thru the Public Meeting Process with County Planning and the County Commissioners to gain approval.
5. Install the gate.
The goals of the Trails End Boat Ramp Association is to establish the Boat Ramp exclusively for use of Trails End Property Owners, Trails End Renters, and their guests. The Association will be responsible for securing appropriate approvals and permits, constructing the gate, maintaining the right of way and insuring access to the water. All property owners are encouraged to belong to the Association. Annual Dues will be $1 per year per land owner. Additional funds required to advance the goals of the Association will be financed from Voluntary Contributions from the membership. All property owners will retain all rights to the boat ramp whether or not they join the Association. However, your membership is requested as we need broad participation to form and register the Association. Without the Association, we will not be able to move ahead.
Please cast your vote for the Association immediately and return your Ballot to Mickey Higgins, 440 Trails End Rd Immediately. The Goal is to have the ramp closed by Memorial Day 2000!
BOOK PAGE 2736 0396 Ballot Trails End Boat Ramp Association As a Land Owner on Trails End Rd., Wilmington, NC 28409, I/We cast the following vote regarding the formation of the Trails End Boat Ramp Association: I/We vote in favor of forming the Trails End Boat Ramp Association.
I/We vote no regarding the formation of the Trails End Boat Ramp Association.
Please Circle your vote above.
Name (s) (print) Signature(s) Address Date
of forming the Trails End Boat Ramp Association.
I/We vote no regarding the formation of the Trails End Boat Ramp Association.
Please Circle your vote above.
Name (s) (print) Signature(s) Address Date Telephone # Please return your ballot to Mickey Higgins 440 Trails End Rd., Wilmington NC 28409. Please note that the Association will wave the $1 annu il fee for Senior Citizens. If your property is owned jointly, please have all owners sign the ballot.
2736 Exhibit BYLAWS OF TRAILS END ROAD BOAT RAMP ASSOCIATION, INC.
ARTICLE I GENERAL 0397 1. Name and Location. The name of the Association is Trails End Boat Ramp Association, Inc.. The principal office of the Association shall be located at 101 Trails End Road, Wilmington, NC 28409, or at such other place as may be subsequently designated by the Board of Directors of the Association.
2. Applicability. The provisions of these Bylaws are binding on all owners of property on Trails End Rd who have agreed to join the Association, their family members and their guests, and Lessees of any member and the Lessees' family members and guests. Non member owners, family and guests and non member owners' lessees, their family members and guests will be accorded the same rights to use the private boat ramp as Association members.
3. Definitions. The definitions of the terms used herein shall be the same as the definitions set forth in the Declaration of Covenants, Conditions, and Restrictions for Trails End Road Boat Ramp Association, Inc. (hereinafter “Declaration).
ARTICLE 2 MEMBERSHIP?
Every person or entity who is also an owner of real property on Trails End Road as shown on that map recorded in Map Book 173, Page 11 of the New Hanover County Registry who has agreed to join the Association.
ARTICLE 3 MEETINGS OF MEMBERSHIP
r of real property on Trails End Road as shown on that map recorded in Map Book 173, Page 11 of the New Hanover County Registry who has agreed to join the Association.
ARTICLE 3 MEETINGS OF MEMBERSHIP 1. Place. All meetings of members shall be held at such place as may be designated in the notice of the meeting.
2. Annual Meeting. The annual meeting of the members of the Association shall be held in July of each year at a date and time to be fixed by the Board of Directors. At the annual meeting, the members shall elect the new members of the Board of Directors and transact such other business as may properly come before the meeting.
3. Special Meetings. Special meetings of the members may be called at any time by the President of the Association or by any member of the Board of Directors or at the written request Daniel Graelle 313-0968 DUVN 2736 1334 03 98 of the members entitled to vote one-third (1/3) of all the votes of the Association. Business transacted at all special meetings shall be confined to the objects stated in the notice of the meeting.
4. Notice of Meetings, Written notice of each annual and special meeting of the members shall be served upon or mailed to each member entitled to vote thereat, at such address as appears on the books of the Association, at least ten (10) days before the meeting. Each member shall notify the Secretary of the Association of any address change, and the giving of notice shall be in all respects sufficient if sent to the address of the member which is on file with the secretary.
5. Membership List. At least ten (10) days before every election of directors, a complete list of members entitled to one vote for each parcel of property owned on Trails End Rd. Such list
secretary.
5. Membership List. At least ten (10) days before every election of directors, a complete list of members entitled to one vote for each parcel of property owned on Trails End Rd. Such list shall be open to examination by any member throughout the ten day period preceding the election.
6. Voting Rights. The Association shall have one class of voting membership. Members shall be entitled to one vote for each parcel of land owned. When more than one person holds an interest in any Lot, all such persons shall be members. Their shall be only one vote cast per parcel of land. If more than one person or entity owns an interest in a lot, they shall advise the Secretary naming the person authorized to cast the vote for the Boat Ramp Association.
7. Proxies. At all meetings of the members, every member shall have the right to vote in person or by proxy. All proxies shall be executed in writing by the member and shall be filed with the Secretary.
8. Quorum. At any meetings of the members, twenty-five percent (25%) of the members entitled to vote, present in person or by proxy, shall constitute a quorum of the membership for any action, except as otherwise provided in the Declaration. If however, such quorum is not present or represented at any meeting, the members present and entitled to vote shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum shall be present or represented. If adjournment extends thirty (30) days past the originally scheduled meeting date, notice of the date on which the adjourned meeting is to be reconvened shall be given as herein provided.
9. Voting Required to Transact Business. When a quorum is present at any meeting, a
eting date, notice of the date on which the adjourned meeting is to be reconvened shall be given as herein provided.
9. Voting Required to Transact Business. When a quorum is present at any meeting, a majority of the votes entitled to be cast by the members present or represented by proxy shall decide any question brought before the meeting.
10. Action Without a Meeting. Any action which is required or permitted to be taken at a meeting may be taken without a meeting if: a. Consent in writing, setting forth the action so taken, is signed by all of the members entitled to vote with respect to the subject matter thereof and filed with the Secretary, whether done before or after the action so taken; or (2)