11 44 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER RETURN TO DRAWN BY Jackson, Mills: Carter 2006045576 FOR REGISTRATION REGISTER OF DEEDS REBECCA P. SMITH NEW HANOVER COUNTY, NC 2006 AUG 11 09:33:43 AM BK:5064 PG:275-286 FEE: $44.00 INSTRUMENT # 2006045576 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS SARATOGA PLACE AT HIDDEN POINTE, SECTION THREE This Declaration, made the 9th day of, 2006, by COASTAL CAROLINA DEVELOPERS, INC., a North Carolina corporation, hereinafter referred to as "Developer"; WITNESSETH Whereas, Developer is the owner of certain real property in New Hanover County, North Carolina, known as SARATOGA PLACE AT HIDDEN POINTE, Section Three, which is shown on the map thereof recorded in the Office of the Register of Deeds of New Hanover County, North Carolina, in Map Book 50 at Pages 1-2 to which map reference is hereby made for a more particular description (the "Subdivision").
Now, therefore, Developer hereby declares that the Subdivision described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with the land and be binding on all parties having any right, title or interest in the Subdivision or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I.
DEFINITIONS Section 1. Additional Property shall mean and refer to any lands which may be hereafter be annexed to and made a part of SARATOGA PLACE AT HIDDEN POINTE, subdivision by the Developer, pursuant to Article X hereof.
Section 2. Association shall mean and refer to SARATOGA PLACE AT HIDDEN POINTE
nnexed to and made a part of SARATOGA PLACE AT HIDDEN POINTE, subdivision by the Developer, pursuant to Article X hereof.
Section 2. Association shall mean and refer to SARATOGA PLACE AT HIDDEN POINTE HOA, Inc., a North Carolina non-profit corporation, its successors and assigns.
Section 3. Assessments shall mean the Assessments defined in Article VII hereof.
Section 4. Board of Directors or Board shall mean the board of directors of the Association.
Section 5. By-Laws shall mean the by-laws of the Association, as the same may be amended from time to time.
Section 6. Common Area shall mean and refer to that part of the Common Property designated by the Developer or the Association from time to time for use by the Members and such other persons as the Association may from time to time permit.
Section 7. Common Property shall mean and refer to all real estate and interests in real estate owned by the Association, and any recreational facilities, pools, tennis courts, or other improvements constructed on or under such real estate or interests in real estate and shall those areas designated as same by the Developer.
1 Section 8. Developer shall mean and refer to COASTAL CAROLINA DEVELOPERS, INC., its successors and assigns.
Section 9. Declaration shall mean this instrument as it may be from time to time amended or supplemented.
Section 10. Lot(s) shall mean and refer to any numbered lot shown upon the map of the Subdivision recorded in Map Book 50 Page 1 of the New Hanover County Registry and any numbered lot shown on any map(s) of the Additional Property recorded in said Registry.
Section 11. Member(s) shall mean and refer to the Member(s) of the Association.
Section 12. Membership shall mean and refer to the rights, privileges, benefits, duties and
y recorded in said Registry.
Section 11. Member(s) shall mean and refer to the Member(s) of the Association.
Section 12. Membership shall mean and refer to the rights, privileges, benefits, duties and obligations, which shall inure to the benefit of and burden each Member of the Association.
Section 13. Owner(s) is defined in the articles of incorporation of the Association, to-wit: all persons owning a freehold estate in one or more Lots, either alone or with other(s). "Persons" and its singular, include all entities capable of owning a freehold estate in land. Owner(s) does not include persons who do not own a freehold estate in a Lot, including, but not limited to, persons holding or owning interests only as security for repayment of indebtedness.
Section 14. Subdivision shall mean SARATOGA PLACE AT HIDDEN POINTE, Section Three, as shown on the map recorded in Map Book 50 Page 1 of the New Hanover County Registry and any Additional Property.
ARTICLE II.
COMMON PROPERTY Section 1. Property Rights. The use, occupation, and possession of the Common Property shall be in accordance with rules and regulations adopted by the Association, as the same may be amended from time to time. No Owner shall have any right or easement to use, occupy, or possess any part of the Common Property, except pursuant to such rules and regulations.
Section 2. Management and Control. The Common Property shall be managed and controlled exclusively by the Association. All maintenance, repairs, modifications, or replacement of any part of the Common Property shall be performed only by the Association, or its designee, except that an Owner may landscape and maintain easements owned by others on his Lot as
, or replacement of any part of the Common Property shall be performed only by the Association, or its designee, except that an Owner may landscape and maintain easements owned by others on his Lot as permitted by rules and regulations adopted by the Association from time to time, and the Board may permit the Developer or its agents to maintain and operate a sales office in or on any part of the Common Property, for and at such time or times as the Board may deem appropriate.
ARTICLE III.
EASEMENTS; STREET LIGHTING: ACCESS TO LOTS Section 1. Easements. Easements for the installation and maintenance of drainage facilities and underground utilities (including, but not limited to, water, telephone, electric, and sewer lines and facilities) are reserved to the Developer, its successors and assigns, and to the utility service provider, in, under, and over the Subdivision and the Common Property. In addition to the foregoing easements, and not in lieu thereof, an easement is reserved to the Developer, its successors and assigns, in, under, and over a strip of land ten (10) feet wide along the rear and five (5) feet wide along both side lines of each lot, for the purpose of constructing, installing, maintaining, repairing, removing, replacing, and reconstructing above and/or below ground drainage facilities. Said easements shall inure to the benefit of the Developer, its successors and assigns. All of the above easements shall be perpetual and alienable, and in addition, shall be easements appurtenant, running with the land.
Section 2. Street Lighting. The Developer reserves unto itself, its successors and assigns, the right to subject the Subdivision and the Common Property to a contract with Progress Energy 2
the land.
Section 2. Street Lighting. The Developer reserves unto itself, its successors and assigns, the right to subject the Subdivision and the Common Property to a contract with Progress Energy 2 for the installation of street lighting, which contract may require a continuing monthly payment to Progress Energy by each resident customer for street lighting service.
Section 3. Access to Lots. The Association shall have the right to go onto any Lot at reasonable times for the purpose of maintaining, repairing and replacing any drainage facilities and underground utilities located on such Lot; and a right of entry and easement is hereby reserved and granted to the Association for such purposes. The Association shall repair and restore any landscaping disturbed by such activities as required by rules and regulations adopted by the Association from time to time.
ARTICLE IV.
WATER AND SEWER SERVICE All Lots will be tied into the New Hanover County storm water, potable water and sanitary sewer system. The water and sewer tap fees and monthly charges for storm water, potable water and sanitary sewer service for each Lot shall be the responsibility of the Owner(s) of such Lot.
ARTICLE V.
MEMBERSHIP AND VOTING RIGHTS Membership in the Association, and the voting rights of the Members, shall be as set forth in the Articles of Incorporation of the Association and the By-Laws.
ARTICLE VI.
MANAGEMENT AND CONTROL 1. The Association shall be managed and controlled by the Board in accordance with the Articles of Incorporation of the Association and the By-Laws.
2. Until such time as ninety percent (90%) of the Lots in the Subdivision, and ninety percent (90%) of the lots in each tract of Additional Property added to the Subdivision, have been sold and
-Laws.
2. Until such time as ninety percent (90%) of the Lots in the Subdivision, and ninety percent (90%) of the lots in each tract of Additional Property added to the Subdivision, have been sold and conveyed by the Developer, but in any event no longer than December 31, 2015, the Developer shall have the right to appoint all of the persons who shall serve as members of each Board of Directors of the Association.
ARTICLE VII.
ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, by acceptance of a deed for the Owner's Lot, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association Annual, Special and Working Capital Assessments (collectively the "Assessments").
The Assessments, together with interest, costs and reasonable attorney's fees (as well as the maximum late payment penalty allowed by law), shall be a charge on the land and shall be a continuing lien upon the respective Lot against which the Assessments are made. Each Assessment, together with interest, costs and reasonable attorney's fees (as well as the maximum late penalty allowed by law), shall also be the personal obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to the Owner's successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The Assessments levied by the Association may be used for any or all of the following purposes-operation, maintenance and improvement of the Common Property, retention ponds, and any drainage or utility easements within the Subdivision; landscaping
used for any or all of the following purposes-operation, maintenance and improvement of the Common Property, retention ponds, and any drainage or utility easements within the Subdivision; landscaping and/or fencing of easements reserved over Lots; enforcing this Declaration; paying taxes and any insurance premiums on or for the Common Property and any drainage or utility easements within the Subdivision, legal and accounting fees and governmental charges; establishing working capital; and in addition, doing any other things necessary or desirable to further the above purposes, as set forth in the budget or amended budget adopted by the Board.
3 Section 3. Annual Assessments. Annual Assessments shall be in an amount to be fixed from year to year by the Board which may establish different rates from year to year as it may deem necessary for the purposes set forth in Section 2 above. The amount of the Annual Assessment against each Lot for any given year shall be fixed prior to January 1 of such year; provided, however, that the first Annual Assessment shall be set prior to the conveyance of the first Lot to an Owner and written notice to the Owners to be subjected thereto shall be delivered to the Owners at or prior to the closing of their Lots. Written notice of each Annual Assessment thereafter shall be sent to every Owner subject thereto. The due date shall be established by the Board and the Board shall have the authority to allow the assessments to be paid in pro rata installments. The Association shall, upon demand, and for a reasonable charge furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
A. From and after January 1 of the year immediately following the
furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid.
A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased each year not more than five percent (5%) above the Annual Assessment for the previous year without a vote of the Members.
B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the Annual Assessment may be increased above five percent (5%) only by a vote of the Owners of two-thirds (2/3rds) of the Lots, voting in person or by proxy at a meeting duly called for such purpose.
C. The Board may increase the amount of the Annual Assessment to Four Hundred Fifty Dollars ($450.00) per Lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the limitations set forth in said subsections shall apply to an annual increase.
Section 4. Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy, in any assessment year equally against the Lots, a Special Assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Property or any drainage or utility easement in the Subdivision, whether owned by the Association or not, including fixtures and personal property related thereto, provided that any such assessment shall be approved by vote of the Owners of two-thirds (2/3rds) of the Lots voting in person or by proxy at a meeting duly called for such purpose.
Section 5. Working Capital Assessments. At the time title to a Lot is conveyed to an Owner
rs of two-thirds (2/3rds) of the Lots voting in person or by proxy at a meeting duly called for such purpose.
Section 5. Working Capital Assessments. At the time title to a Lot is conveyed to an Owner or Owners, the Owner(s) shall contribute to the Association as a working capital reserve an amount at least equal to two months' estimated Annual Assessment. Amounts paid into the working capital fund are not to be considered as advance payment of the Annual or any other assessments. Any working capital funds remaining at the end of each operating year shall be transferred to and become part of the general funds of the Association, in the discretion of the Board of Directors.
Section 6. Notice and Quorum For Any Action Required to be Approved by the Members Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action by the Members authorized under Section 3 and 4 shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of Owners or of proxies entitled to cast the votes for sixty percent (60%) of all of the Lots shall constitute a quorum. If a quorum is not present at such meeting, the meeting may be adjourned for lack of a quorum, until a date specified in the motion to adjourn for lack of a quorum, on which date a second meeting shall be held. The required quorum at such second meeting shall be one-half (%) of the required quorum at the first meeting. No such second meeting shall be held more than sixty (60) days following the first meeting.
Section 7. Uniform Rate of Assessment. The Assessments must be fixed at the same amount for each Lot and may be collected on a monthly basis. Provided, however, in the event that
ng the first meeting.
Section 7. Uniform Rate of Assessment. The Assessments must be fixed at the same amount for each Lot and may be collected on a monthly basis. Provided, however, in the event that maintenance, repair or replacement of any part of the Common Property is caused through the willful, or negligent act of an Owner, his family, guests or invitees, the cost of such maintenance, replacement, or repairs, shall be paid by said Owner by being added to and becoming a part of the 4 Assessment to which such Owner's Lot is subject.
Section 8. Commencement of Assessments. Assessments for each Lot shall commence upon the date of acceptance by an Owner of a deed from the Developer. If such date assessments commence is not on January 1, the assessment for the Lot for such first year shall prorated. The Developer shall not be required to pay Assessments.
Section 9. Effect of Nonpayment of Assessments And Remedies Of The Association. Any Assessment or installment thereof not paid within thirty (30) days after the due date shall bear interest from the due date of the highest rate allowable by law. The Board shall also assess a penalty in the maximum amount allowed by law. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Common Property or abandonment of his Lot. All unpaid installment payments of Assessments shall become immediately due and payable if an Owner fails to pay any installment within the time permitted.
Section 10. Subordination Of The Lien To Mortgage. The lien of the Assessments provided
nts shall become immediately due and payable if an Owner fails to pay any installment within the time permitted.
Section 10. Subordination Of The Lien To Mortgage. The lien of the Assessments provided for herein shall be subordinate to the lien of any first mortgage or deed of trust. Sale or transfer of any Lot shall not affect the Assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof.
ARTICLE VIII.
ARCHITECTURAL CONTROL/CONSTRUCTION Section 1. Developer's Rights. All rights, duties and responsibilities conferred by this Article shall be exercised and performed by the Developer or its designee, so long as the Developer owns any Lot within the Subdivision. When the Developer no longer owns any Lot within the Subdivision, all such rights, duties and responsibilities shall be exercised and performed by the Association, which may delegate the same to an Architectural Control Committee appointed by the Board.
Section 2. Building and Site Improvements. No structure (including but not limited to dwellings, walls, fences, garages, and outbuildings) shall be commenced, erected, placed, or maintained upon any Lot, nor shall any exterior addition to or change in or alteration therein (including painting or repainting of exterior surfaces) be made until the plans and specifications showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted in writing and approved in writing by the Developer as to harmony of external design and
showing the nature, kind, shape, heights, materials, colors and location of the same shall have been submitted in writing and approved in writing by the Developer as to harmony of external design and location in relation to surrounding structures and topography. If such written plans and specifications are not approved or disapproved in writing within thirty (30) days after the same have been submitted, approval under this Article will not be required and this Article will be deemed to have been fully complied with. Approval or disapproval of any such plans, location or specifications may be based upon any ground, including purely aesthetic and environmental considerations, in the sole and uncontrolled discretion of the Developer (or the Association or Architectural Control Committee, as the case nay be), be deemed sufficient. One copy of all such plans, specifications, and related data shall be furnished to the Developer (or the Association or Architectural Control Committee, as the case may be), to retain for its records. Neither the Developer, the Association, nor the Architectural Control Committee shall be responsible for any structural or other defects in plans and specifications submitted to it or any structure erected according to such plans and specifications.
Section 3. Approval of Plans. No house plans will be approved unless the proposed house shall have a minimum of 1400 square feet of enclosed, heated dwelling area. The term "enclosed, heated dwelling area" as used in the minimum requirements shall be the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas.
hall be the total enclosed area within a dwelling which is heated by a common heating system; provided, however, that such term does not include garages, terraces, decks, open porches, and like areas.
Section 4. Setbacks. Since the establishment of inflexible building setback lines for location 5 of houses on lots tends to force construction of houses directly to the side of other homes with detrimental effects on privacy, view, preservation of important trees and other vegetation, ecological and related considerations, no specific setback lines shall be established by this Declaration. In order to assure, however, that the foregoing considerations are given maximum effect, the site and location of any house or dwelling or other structure upon any lot shall be controlled by and must be approved absolutely by the Developer (or the Association or Architectural Control Committee, as the case may be). However, no dwelling shall be constructed closer than ten (10) feet to an adjoining property line without prior consent of the Developer.
Section 5. Completion. The exterior of all houses and other structures must be completed within twelve (12) months after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the Owner or builder, due to strikes, fires, national emergency or natural emergency or natural calamities.
Section 6. Single Family Residences. No structure shall be erected, altered, placed or permitted to remain on any Lot, except one single family dwelling not to exceed two and a half stories in height, unless the Developer, the Association, or the Architectural Control Committee, as the case may be, approves in writing a structure of more than two and one-half stories, and one or
stories in height, unless the Developer, the Association, or the Architectural Control Committee, as the case may be, approves in writing a structure of more than two and one-half stories, and one or more small accessory buildings (which may include a detached private garage, or guest facilities) provided the use of such dwelling or accessory building does not in the opinion of the Developer, the Association, or Architectural Control Committee overcrowd the site, and provided further, that such buildings are not used for any activity normally conducted as a business.
Section 7. Utility Services, Mail Boxes. Fences. Etc. All utility service lines and facilities, fuel tanks, clothes lines and wood piles are to be enclosed within a wall or plant screen of a type and size approved by the Developer (or the Association or the Architectural Control Committee) so as to preclude the same from causing an unsightly view from any street within the subdivision, or from any other residence within the subdivision. All mail and newspaper boxes shall be uniform in design.
Design for mail and newspaper boxes shall be furnished by Developer (or the Association or the Architectural Control Committee). No fences shall at any time be placed or permitted to remain on any lot without approval of the Developer (or Association or Architectural Control Committee).
Section 8. Off Street Parking. Off street parking for not less than two (2) passenger automobiles must be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot which parking areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by Developer (or the Association or Architectural Control Committee).
ng areas and the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other material approved by Developer (or the Association or Architectural Control Committee).
Section 9. Driveways. Driveways are to be constructed in accordance with North Carolina Department of Transportation standards and as approved by the Developer.
Section 10. Wells. Except as provided below, no wells may be constructed or used on any Lot, except for the purpose of irrigating exterior plantings. A well may be used to provide water for household or other uses, provided such use is consented to in advance in writing by the public utility entitled to provide water service to the Lot, and such use does not violate any other provisions of this Declaration.
Section 11. Sodding and Irrigation of Front Lawns. All front lawns on Lots on which a residence exists shall be sodded and adequately watered by an underground-pipe sprinkler irrigation system.
Section 12. Alterations to the Common Property. No person shall undertake, cause, or allow any construction in, on or under any part of the Common Property, or undertake, cause, or allow any alteration to be made any part of the Common Property, except at the direction or with the express written consent of the Association.
6 ARTICLE IX.
USE RESTRICTIONS Section 1. Land Use And Building Type. No Lot shall be used for any purpose except for residential purposes. All Lots are restricted for construction of single family dwellings only. No manufactured home or mobile home shall be erected, located or installed on any Lot. Any building erected, altered, placed or permitted to remain on any Lot shall be subject to the provisions of Article
anufactured home or mobile home shall be erected, located or installed on any Lot. Any building erected, altered, placed or permitted to remain on any Lot shall be subject to the provisions of Article VIII of this Declaration relating to architectural control. Provided, however, the Developer or its agents may maintain and operate a sales office on any Lot owned or leased by the Developer for and at such time or times as the Developer may deem appropriate.
Section 2. Nuisances. No noxious or offensive activity shall be carried upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No Lot Owner shall maintain any plants or animals, nor device or thing or any sort whose normal activities or existence are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish or destroy the enjoyment of other Lots by the Owners thereof. It shall be the responsibility of each Owner to prevent the development of any unclean, unsightly or unkept condition of buildings or grounds on the Owner's Lot which would tend to substantially decrease the beauty of the neighborhood as a whole or the specific area.
Section 3. Lot Maintenance. In the event that any Owner shall fail or refuse to keep his Lot free from weeds, underbrush, refuse piles, unsightly growth or objects, or shall fail to keep his front lawn sodded and irrigated in accordance with Section 11, Article VIII, then, after thirty (30) days written notice from the Architectural Control Committee or the Association, the Association or its designee may enter upon the Lot and remove such weeds, underbrush refuse piles, unsightly growth or objects, or cause such lawn to be sodded and irrigated, at the expense of the Owner. Such entrance
s designee may enter upon the Lot and remove such weeds, underbrush refuse piles, unsightly growth or objects, or cause such lawn to be sodded and irrigated, at the expense of the Owner. Such entrance shall not be deemed a trespass, and in the event of such removal or correction a lien shall arise and be created in favor of the Association for the full amount of the cost thereof, including collection costs, and such amounts shall be due and payable within thirty (30) days after the Owner is billed therefor. Such lien shall be enforceable by court proceedings as provided by law for enforcement of liens.
Section 4. Temporary Structures. Ho structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot any time as a residence either temporarily or permanently without the written consent of the Association or the Architectural Control Committee; provided, however, that this shall not prevent the Developer, its designees or assigns from maintaining a construction or sales trailer or office on any Lot until the construction of dwellings on all Lots is completed.
Section 5. Recreational Vehicles. No boat, motor boat, camper, trailer, motor or mobile home, or similar type vehicle, shall be parked, placed or permitted to remain on any Lot in such manner that the same is visible from the street.
Section 6. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot or in any dwelling except that dogs, cats or other household pets may be kept or maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all tines kept properly leashed or under the control
maintained provided that they are not kept or maintained for commercial purposes and provided further that they are not allowed to run free, are at all tines kept properly leashed or under the control of their owner and do not become a nuisance to the neighborhood.
Section 7. TV Satellite Dishes and Outside Antennas. No TV satellite signal receiving dishes will be permitted on any Lot and no outside radio or television antennas shall be erected on any Lot or dwelling unit unless and until permission for the same has been granted in writing by the Association or the Architectural Control Committee.
Section 8. Exterior Lights. All light bulbs or other lights installed in any fixture located on the exterior of any building or any Lot shall be clear, white or non-frost lights or bulbs.
Section 9. Inoperable Vehicles; Tractor Trailers: Vehicle Repairs. No inoperable or immobile vehicle, no vehicle without current registration and insurance, and no tractor-trailers will 7 be permitted on any Lot or street in the Subdivision. The Association shall have the right to have all such vehicles towed at the owner's expense. No repairs to any vehicle may be made in driveways, but shall be made only in garages and shall not be visible from the street.
Section 10. Signs. No sign(s) may be placed or maintained on any Lot or street except one "for sale" sign, which shall not exceed two feet by three feet in size, street and traffic control signs approved by the Association or the appropriate governmental authority, and signs placed or maintained by the Developer or its agents.
Section 11. Subdividing. No Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Developer or Association. However, the Developer hereby
r or its agents.
Section 11. Subdividing. No Lot shall be subdivided, or its boundary lines changed except with the prior written consent of the Developer or Association. However, the Developer hereby expressly reserves unto itself, its successors and assigns, the right to re-plat any two (2) or more Lots shown on the nap of the Subdivision in order to create one or more modified Lots; to recombine one or more Lots to create a larger Lot; to eliminate Lots from this Declaration, or any parts of Lots, that are not otherwise buildable or are needed for access or are needed for use as private roads or access areas, and to take such steps as are reasonably necessary to make such re-platted Lots suitable and fit as a building site or access area or roadway, said steps to include, but not to be limited to the relocation of streets, easements, and rights-of-way to conform to the new boundaries of the said replatted Lots.
ARTICLE X.
ANNEXATION OF ADDITIONAL PROPERTY Section 1. Developer may, from time to time, without the assent of any other entity, annex to and make a part of the Subdivision any other real property which Developer now owns or which Developer may hereafter acquire or develop (the "Additional Property"), upon such terms and conditions and subject to such covenants and restrictions, as the Developer, in its sole discretion, shall deem reasonable and appropriate.
Section 2. Each such annexation of Additional Property shall become effective upon the recording of am amendment to this Declaration, duly executed by the Developer, specifically describing the Additional Property annexed to the subdivision, and setting forth the terms and conditions upon which such Additional Property is annexed to the Subdivision and the covenants
ecifically describing the Additional Property annexed to the subdivision, and setting forth the terms and conditions upon which such Additional Property is annexed to the Subdivision and the covenants and restrictions to which such Additional Property shall be subject.
ARTICLE XI.
GENERAL PROVISIONS Section 1. Enforcement. The Developer, the Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Developer, the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 2. Storm Water Runoff Regulations.
A.
B.
The allowable built-upon area per Lot is 4,200 square feet.
This allotted built-upon area 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, areas covered by asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools.
C.
The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence of the Division of Water Quality.
D.
Filling in, piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons.
E. Lots within in CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC.
average driveway crossings, is prohibited by any persons.
E. Lots within in CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC.
F. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons.
G. A 30' vegetated buffer must be maintained between all built-upon area and the Mean High Water line of surface waters.
Mark.
H.
I.
All roof drains shall terminate at least 30' from Mean High Water This project proposes a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover.
Section 3. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.
Section 4. Lots Subject to Declaration; Extension. All present and future owners/ tenants, and occupants of Lots and their guests or invitees, shall be subject to, and shall comply with the provisions of this Declaration, as amended from tine to tine. The acceptance of a deed of conveyance or the entering into of a lease or the entering into occupancy of any Lot shall constitute an agreement that the provisions of this Declaration are accepted and ratified by such Owner, tenant or occupant.
The covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any tine any interest or estate in any Lot, as though such' provisions were made a
e covenants and restrictions of this Declaration shall run with and bind the land and shall bind any person having at any tine any interest or estate in any Lot, as though such' provisions were made a part of each and every deed of conveyance or lease, for a term of ten (10) years from the date hereof, after which time they shall be automatically extended for successive periods of ten (10) years, unless by vote of Owners of not less than three fourths (3/4ths) of the Lots this Declaration has been amended to provide otherwise.
Section 5. Amendment of Declaration. Except as provided elsewhere herein, the covenants and restrictions of this Declaration may be amended only by an instrument duly recorded in the Office of the Register of Deeds of New Hanover County executed by the duly authorized officers of the Association upon the vote of the Owners of not less than three fourths (3/4ths) of the Lots.
In no event may this Declaration be amended so as to deprive the Developer of any rights herein granted or reserved unto Developer, unless the Developer consents to such amendment in writing.
Section 6. Amendment by the Developer. The Developer may amend any part or all of this Declaration without the consent of any other entity, from time to tine, by executing, acknowledging, and recording an amendment in the office of the Register of Deeds of New Hanover County, which amendment shall be applicable only to Lots conveyed by the Developer subsequent to the recording of such amendment.
Section 7. Transfer of Developer's Rights. The Developer may assign any or all of its rights, privileges, and powers under this Declaration to one or more entities, including, but not limited to, the Association. All of the Developer's rights, privileges and powers under this Declaration, unless
ivileges, and powers under this Declaration to one or more entities, including, but not limited to, the Association. All of the Developer's rights, privileges and powers under this Declaration, unless otherwise assigned, shall inure to the benefit of its successors by merger, or a transferee of all or substantially all of the assets of the Developer.
Section 8. The Association formed pursuant to this Declaration shall become responsible for the stormwater management of the properties at such time as the Declarant/Developer turns over control of said Association to the owners or buyers of lots. At such time the 9 Association shall sign such documentation as may be required by the State of North Carolina Department of Environmental and Natural Resources, Division of Water Quality, including but not limited to a stormwater management permit application, a Curb Outlet System Supplement, Permit Name/Ownership Change Form. In addition, the Association shall enter into any other agreements or documentation required by the State of North Carolina or any agency or department thereunder as well as any agency or department of the County of New Hanover. Any person or entity purchasing a lot in this subdivision shall be subject to and shall be deemed to have agreed to comply with and cooperate with the requirements herein. All covenants relating to stormwater management in Whitney Pines Subdivision may not be revised without the concurrence of the Division of Water Quality.
10 IN WITNESS WHEREOF, COASTAL CAROLINA DEVELOPERS, INC., a North Carolina corporation, the Developer herein, has caused this Declaration to be executed in its corporate name and its corporate seal to be hereunto affixed by its duly authorized officers the day and year first above written.
e Developer herein, has caused this Declaration to be executed in its corporate name and its corporate seal to be hereunto affixed by its duly authorized officers the day and year first above written.
COASTAL CAROLINA DEVELOPERS, INC.
By: Rolin Grathwo (SEAL) ROBIN GRATHWOL, Secretary STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, C. Anne Mangum, a Notary Public of Chatham County and State aforesaid, do hereby certify that ROBIN GRATHWOL, personally came before me this day and acknowledged that she is Secretary of COASTAL CAROLINA DEVELOPMENT, INC., a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Secretary.
WITNESS my hand and official stamp or seal, this the 9th day of August, 2006.
C. Anne Mangum C. ANNE MANGUM, Notary Public My Commission Expires: 04 May 2011 (AFFIX NOTARIAL SEAL) ANNE MANGUM NOTARY PUBLIC CHATHAM ON '00' 11 NEW HANO STATE OF NORTH COUNTY CAROLINA REBECCA P. SMITH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 08/11/2006 09:33:43 AM Book: RE 5064 Page: 275-286 2006045576 Document No.: DECL 12 PGS $44.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
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