26 1 2013019512 SFOR REGISTRATION REGISTER OF DEED' TAMMY THEUSCH BEASLEY NEW HANOVER COUNTY, NC 2013 MAY 29 04.01.50 PM BK 5741 PG 203-208 FEE $26 00 INSTRUMENT # 2013019512 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Prepared by: S. Denise Watts and Joy P. Easley, Watts & Easley PLLC, Attorneys at Law (Without Opinion on Title) DECLARATION OF ANNEXATION ANNEXING ADDITIONAL LANDS INTO THE NEIGHBORHOODS AT WEST BAY ESTATES THIS DECLARATION OF ANNEXATION ANNEXING ADDITIONAL LANDS INTO THE NEIGHBORHOODS AT WEST BAY ESTATES is made as of the 23rd day of May 2013 by TORCHWOOD DEVELOPMENT COMPANY, INC., and STEVENS BUILDING COMPANY, hereinafter collectively referred to as “Declarant” or “Developer” for the purposes hereinafter stated, WITNESSETH WHEREAS, Declarant or Declarant's predecessor in title, recorded an Amended Declaration of Protective Covenants For Windsor Place and Garlington Heights At West Bay Estates in Book 5296, at Page 2633, in the Office of the Register of Deeds of New Hanover County, North Carolina (as amended by documents Explanation Statement to Correct Obvious Minor Error(s) Made in an Instrument as Originally Recorded, said document being recorded in Deed Book 5305, at Page 501; Amendment and Supplemental Protective Covenants, said document being recorded in Deed Book 5344, at Page 1737; Amendment and Supplemental Protective Covenants, said document being recorded at Deed Book 5364, at Page 1342, Amendment to Protective Covenants, said document being recorded at Deed Book 5380, at Page 393; and Amendment to Amended Declaration of Protective Covenants for Windsor Place and Garlington Heights At West Bay Estates, said document being recorded at Book 5408, at Page 1133), hereinafter referred to as the "Declaration"; and
ration of Protective Covenants for Windsor Place and Garlington Heights At West Bay Estates, said document being recorded at Book 5408, at Page 1133), hereinafter referred to as the "Declaration"; and WHEREAS, Article VII, Section 4 of the Declaration provides that the Declarant may annex to and make a part of the Planned Community any other real property, whether now owned or hereafter acquired by Declarant or others, and whether developed by the Declarant or others (the Chapel Hill NC (Without Opinion on Title) "Additional Property"), and that said Additional Property may be annexed to the Planned Community without the assent of the Members so long as the Additional Property is used for residential purposes (including but not limited to multifamily, condominiums, townhomes, patio homes, apartments, Common Elements, roads and other amenities related thereto), and WHEREAS, Declarant now wishes to annex additional land into THE NEIGHBORHOODS AT WEST BAY ESTATES, and hereby declares that the property described below 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 such property and adjacent properties now or formerly owned by Declarant. The easements, restrictions, covenants and conditions shall run with the property described herein and be binding on all parties now or hereafter having any right, title or interest in such property or any part hereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof 1 All capitalized terms used in this Declaration of Annexation not otherwise herein defined shall have the meaning set forth in the Declaration 2
, and shall inure to the benefit of each owner thereof 1 All capitalized terms used in this Declaration of Annexation not otherwise herein defined shall have the meaning set forth in the Declaration 2 Declarant hereby subjects that certain real property, more particularly described in Exhibit A attached hereto and incorporated herein by reference (also known as Berkeley at West Bay Estates Phase I), to the terms of the Declaration and to the jurisdiction of the Association IN WITNESS WHEREOF, the undersigned being the Declarant herein, has caused this Declaration of Annexation to be executed in its corporate name by its officer pursuant to Declarant's Board of Directors as of the day and year first above written (Without Opinion on Title) TORCHWOOD DEVELOPMENT COMPANY, INC. (DECLARANT) BY PRINTED NAME: TITLE: Burrows G Smith Vice President مرید STATE OF North Carolina COUNTY OF New Hanover I, Pamela F. Mason, a Notary Public, within and for the State and County aforesaid do hereby certify that the foregoing instrument of writing was this day produced to me in the above State and County by BURROWS G. SMITH, party hereto, either personally known to me or proven by satisfactory evidence (said evidence being ), personally appeared before me this day, and, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated Burrows G. Smith Name(s) of principal(s) Witness my hand and official seal, this My Commission Expires: Parmela & Mason 10/26/16 [SEAL] the 23rd F.
(day of May 2013.
Notary Public PAMELA NEW MASON NOTARY PUBLIC HANOVER ON COUNTY.
(Without Opinion on Title) STEVENS BUILDING COMPANY (DECLARANT) BY PRINTED NAME. Michael Craig Stevens TITLE.
President STATE OF North Carolina
Public PAMELA NEW MASON NOTARY PUBLIC HANOVER ON COUNTY.
(Without Opinion on Title) STEVENS BUILDING COMPANY (DECLARANT) BY PRINTED NAME. Michael Craig Stevens TITLE.
President STATE OF North Carolina COUNTY OF Now Hanover I, Pamela F. Mason, a Notary Public, within and for the State and County aforesaid do hereby certify that the foregoing instrument of writing was this day produced to me in the above State and County by MICHAEL CRAIG STEVENS, party hereto, either personally known to me or proven by satisfactory evidence (said evidence being ), personally appeared before me this day, and; each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.
Michael Craig Stevens Name(s) of principal(s) Witness my hand and official seal, this the 23rd day of May , 2013 ' My Commission Expires Pamela F. Mason 10-26-16 Notary Public [SEAL] NEW PAMELA MASON NOTARY PUBLIC HANOVER NC COUNTY.
(Without Opinion on Title) EXHIBIT A Being all of Phase 1, Berkeley at Westbay Estates as shown on a map recorded in Map Book 58, Page 58, of the New Hanover County Register of Deeds office, with reference to said map being hereby made for a more particular description Being a portion of the property owned by Savana Land Company, LLC as recorded in Deed Book 4885 Page 1389.
(Without Opinion on Title) COUNTY NEW HANOVER NORTH CAROLINA ESTABLISHED 120 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: Book.
Document No : 05/29/2013 04:01:50 PM RE 5741 Page. 203-208 2013019512 6 PGS $26.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover
Filed For Registration: Book.
Document No : 05/29/2013 04:01:50 PM RE 5741 Page. 203-208 2013019512 6 PGS $26.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
2013019512