SW8020212_HISTORICAL FILE_20110912

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW YU�O�I�
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
L� HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
YYYYMMDD

A
M
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 12, 2011
Mr. Kirk Andrews
715 Tabor Lane
Wilmington, NC 28405
Subject: PERMIT RENEWAL REQUEST
Stormwater Permit No. SW8 020212
Azalea Trace Subdivision
New Hanover County
Dear Mr. Andrews:
Dee Freeman
Secretary
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 020212 to Azalea
Trace, LLC (now dissolved), for a High Density Subdivision project on July 9, 2002. This permit expires on July 9,
2012. Per 15A NCAC 2H.1003(h) (the stormwater rules), applications for permit renewals shall be submitted 180
days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at
$505.00. If this is still an active project please complete and submit the enclosed renewal application prior to January
9, 2012. If this project has not been constructed and a permit is no longer needed, please submit a request to have
the permit rescinded. If you have sold the project or transferred the common areas to an HOA, please provide the
name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is
a form for change of ownership, which should be completed and submitted if the property has changed hands or if
the common areas are now under the control of the HOA.
Your permit requires that upon completion of construction and prior to operation of the permitted stormwater
treatment system, a certification of completion be submitted to the Division from an appropriate designer for the type
of system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the
approved plans, specifications and supporting documentation, If you have not already provided a Designer's
Certification to our office, please include a copy with your permit renewal request and processing fee. A copy of the
certification form is enclosed for your convenience.
You should be aware that failure to provide the Designers Certification and the operation of a stormwater treatment
facility without a valid permit, are violations of INC General Statute 143-215.1 and may result in appropriate
enforcement action including the assessment of civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact David Cox at [phone].
Sincerely,
Georgette Scott
Stormwater Supervisor
GDSldwc S:IWQSIStormwatehPermits & Projects12002 \020212 HD12011 09 req_ren 020212
cc: Wilmington Regional Office File
encl.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 one
Phone: [phone]', FAX: [phone]C4 4 Customer Service: 1-877-623-67 48 North Caro 1 i n a
Internet: www,ncwaterquality.org ;Vatllrally
An Equai Opportunity ti Affirmative Action Employer

NOTICE TO REGISTERED AGENT:
Under N.C.G.S. Section 55D-30(b), it is the duty of the registered agent to forward this certificate to the business entity at the last known
address.
Azalea Trace, LLC (0609365)
311 Friday Drive
Wilmington, NC28409
STATE OF NORTH CAROLINA
DEPARTMENT OF THE SECRETARY OF STATE
CERTIFICATE OF DISSOLUTION
1, Elaine F. Marshall, Secretary of State, as mandated by law, do hereby certify that
Azalea Trace, LLC
has been administratively dissolved pursuant to the procedure set forth in N.C.G.S. Section 57C-6-03
for failure to file an annual report effective as of the date set forth hereunder.
A Limited Liability Company administratively dissolved under N.C.G.S. Section 57C-6-03 may apply
to the Secretary of State for reinstatement by complying with the procedure set forth in the N.C.G.S.
Section 57C-6-03.
This the 1 st day of October, 2009
Elaine F. Marshall
Secretary of State
Document ld: 2009 668 00263

M-1
1
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 10, 2011
Mr. Kirk Andrews, Partner
Azalea Trace, LLC
315 Friday Drive
Wilmington, NC 28411
Subject: PERMIT RENEWAL REQUEST
Stormwater Permit No. SW8 020212
Azalea Trace
New Hanover County
Dear Mr. Andrews:
Dee Freeman
Secretary
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 020212 to Azalea Trace, LLC
for a High Density Subdivision project on July 9, 2002. This permit expires on July 9, 2012. Per 15A NCAC 2H.1003(h) (the
stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be
accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit
the enclosed renewal application prior to January 9, 2012. If this project has not been constructed and a permit is no longer
needed, please submit a request to have the permit rescinded. If you have sold the project please provide the name, mailing
address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of
ownership, which should be completed and submitted if the prioperty has changed hands.
Your permit -requires that upon completion of construction and prior to operation of the permitted Stormwater treatment system,
a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to
certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and
supporting documentation. If you have not already provided a Designer's Certification to our office, please include a copy with
your permit renewal request and processing fee. A copy of the certification form is enclosed for your convenience.
You should be aware that failure to provide the Designers Certification and the operation of a stormwater treatment facility
without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action
including the assessment of civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact David Cox at [phone].
Sincerely,
Georgette Scott
Stormwater Supervisor
GDSldwc S:IWWStormwater\Permits & Projects120021020212 HD12011 08 req_ren 020212
cc: Wilmington Regional Office File
encl.
Wilmington Regional Office One
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 NorthCaroj ina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 �llf1/r�7//'�
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer

'T 5 T 21c- L Okz

NCDENR
' J North Carolina Department of Environment and Natural Resources
I , Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 10, 2011
Mr. Kirk Andrews, Partner
Azalea Trace, LLC
315 Friday Drive
Wilmington, NC 28411
Subject: PERMIT RENEWAL REQUEST
Stormwater Permit No. SW8 020212
Azalea Trace
New Hanover County
Dear Mr. Andrews:
The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW8 020212 to Azalea Trace, LLC
for a High Density Subdivision project on July 9, 2002, This permit expires on July 9, 2012. Per 15A NCAC 2H,1003(h) (the
stormwater rules), applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be
accompanied by a processing fee, which is currently set at $505.00. If this is still an active project please complete and submit
the enclosed renewal application prior to January 9, 2012. If this project has not been constructed and a permit is no longer
needed, please submit a request to have the permit rescinded. If you have sold the project please provide the name, mailing
address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of
ownership, which should be completed and submitted if the property has changed hands.
Your permit requires that upon completion of construction and prior to operation of the permitted stormwater treatment system,
a certification of completion be submitted to the Division from an appropriate designer for the type of system installed. This is to
certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and
supporting documentation. If you have not already provided a Designer's Certification to our office, please include a copy with
your permit renewal request and processing fee. A copy of the certification form is enclosed for your convenience.
You should be aware that failure to provide the Designer's Certification and the operation of a stormwater treatment facility
without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action
including the assessment of civil penalties of up to $10,000 per day.
If you have any questions, please feel free to contact David Cox at [phone].
Sincerely,
Georgette Scott
Stormwater Supervisor
GDSldwc S:IWQS1Stormwater\Permits & Projects120021020212 HD12011 08 req_ren 020212
cc: Wilmington Regional Office File
encl.
Wilmington Regional Office One
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 NorthCarolina
Phone: [phone] FAX: [phone] V Customer Service: 1-877-623-6748
Internet www.ncwaterquality.org �%f J/r/J,1J/
An Equal opportunity 1 Affirmative Action Employer

' T _ �
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STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
102-D CINEMA DRIVE
WILMINGTON, NORTH CAROLINA 28403
[phone]
November 29, 2005
NCDENR
ATTN: Linda Lewis
127 Cardinal Drive
Wilmington, North Carolina 28405
Re: Azalea Trace
Notice of Violation (NOV)
Stormwater Project No. SW8 020212
New Hanover County
Dear Linda,
This letter is in response to the aforementioned correspondence dated October 27, 2005. This
shall serve as the Plan of Action required by the NOV, I am including the Restrictive Covenants for
this development. These are recorded and were printed from the New Hanover County Register of
Deeds web page. The section regulating impervious, storm water improvements, and permit
compliance is tabbed for your prompt reference. These covenants indicate less allowable impervious
than was noted in the NOV. This should address the majority of the violation. I am presently charged -
with providing a current certification of the facilities to enable changing the name of the permit holder
from the developer to the association. This process is on going and I should be providing my
Certification within the next couple of weeks. At that time we will request to meet with you or your
staff on site to review the system for your concurrence of this conveyance. If you have any questions,
please call or email me at [e-mail].
cc: Kirk Andrews
File: t::1master/Pw318/wgxV1ewi2s.doc
an You,
James . Fentress, Jr. PE,` LS
r Engineering, P.A.
NOV 9,9M5
107 COMMERCE ST. '--iESTRON PLAZA TWO
SUITE B 102-D CINEMA DRIVE 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

2003NO119
FOR REGISTRATION REGISTER OF DEEDS
REMCCA T CHRISTIAN
NEW HANO"ER coUNTY. Nc
20n A 0212.43.09 PM
BK 35E9 PG W-346 FEE $4190
IME9 # IM119
STATE OF NORTH CAROLINA
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR AZALEA TRACE
THIS DECLARATION, made theeday afDoomAw. 2002. by AZALEA TRAM LLC,
a North Carolina limited liabibry company, haaaaRer referred to s "Declarant" or Developer faf
the purposes hweb after stated
WEEREAS, Doclarant is the owner of that certain real property in Now Hanover County,
North Carolina, known as Azalea Trwc, which is shun on a plat recorded in the Ofi m of the
Register ofDoods ofNew Mmover County, North Carolina, in Map Book 42 Paged$, to which
reference is made for a more particular description (the "Property"), sad
NOW, TEMPMORE, Declarant dwAnu that the Property described above shall be held, sold
and conveyed subject to the ii M"Ang etsementa, restrictions, covenants, and condidons, which are
for the purpose of protecting the value and deairahility of and which shall run with the land and be
bung on all parties having arty fight, tide or interest in the Property or any part thereof; their hears,
simo nmrs tad aaaip, stud eha0 insure to the benefit of each owner thereof
SECTION l Ad&tiQgW Property shall mean and referto any lands which are now owned or
may be hereafter acquired or developed by Declarant. in addition to the above deacnbed Property,
and annexed to and made a part of the Development (as hdnmn$er defined) pursuant to Article Vii
hereof
SECTION 2 AstodmW "mean and refer to Ardea Trace Homeowners' Association,
Inc, a North Carolina nonprofit corporation, is successors and assigns, the owners assomation
organized for the purposes set forth m Article III hereof
SECTION 3. AA=gft= shall mean the Annual, Special, Insurance, Ad Valorem and
Working Capiul Aama ntents defined in Article TV hereof
SECTION 4. Oren Areas) shall mean and refer to all real property within the
Development owned by the Developer or the Asaocdatiton for the common use and er�oyn>ent ofthe
Owners, imdudw any flidlitien located on such real property
SECTIONS shall be used interchangeably with )kwelopg (which desig ntioas
shall include singular, plural, masculine and neuter as required by the comet) and shall mean and
refer to AZALEA TRACE, LLC, its aucceamrs and assigns, if such successors or aasigna should
acquire undeveloped property from the Declarant for the purpose of development.
SECTION 6. DeclarW shall mean this ltnatnmxnt as it nfay be from tune to time amended
or supplemented.
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SECTION 7 Development shall mean the Property plus any Additional Property
SECTION 8 Limited Common Areas) shall mean areas and facilities within any Lot which
are for the exclusive use of the Lot Owner but which the Association is obligated to maintain
pursuant to the terms of this Declaration There shall be no Limited Common Area on any Lot unless
the same is specifically shown on the Subdivision Map for Azalea Trace,
SECTION 9. t s shall mean and refer to any numbered lot within the Development
SECTION 10 Q = shall mean and refer to the record owner, whether one or morepersons
or entities, of a fee simple tide to any Lot, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation
SECTION II ProR1✓[IX shall moan the Property as defined to the preamble to this
Declaration.
SECTION 12. j mbra(s shall mean and refer to every person or entity who has a
Membership in the Association
SECTION 13. ha=hership shall mean and referto the rights, privileges, benefits, duties and
obligations, which shall inure to the benefit of and burden each Member of the Association
ARTICLE 11.
F.ASA.MFNi'S
SECTION I Owners' Easement of_Egjoyme. Every Owner shall have and is hereby
granted a right and easement of enjoyment in and to the Common Area, if any, which shall be
appurtenant to and shall pass with the title to every Lot, subject to the provisions of Article III
hereof
SEC'TTON 2. Easements is Favor of Declarant. The following casements are reserved to
Declarant, Declarant's successors and assigns.
(a) easements as necessary in the lands constituting the Development for the installation
and maintenance of utilities and drainage facilities; including, specifically, the right to grant a 10
foot wide easement over and adjacent to the front property line of each mid every Lot and including
the right of Declarant to go upon the ground with men and equipment to erect, maintain, inspect,
repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water
or other public conveniences or utilities on, in or over each Lot and such other areas as are shown
on the plat of the Property or any Additional Property recorded or to be recorded in the office of the
Register of Deeds of New Hanover County, the right to cut drain ways for surface water whenever
such action may appear to the Developer to be necessary in order to maintain reasonable standards
of health, safety and appearance, the right to cut any trees, bushes or shrubbery, the right to make
any grading of the soil, or to take any other similar action reasonably necessary to provide
economical and safe utility installation and to maintain reasonable standards of health, safety and
appearance; the right to locate wells, pumping stations, and tanks within residential areas, or upon
any Lot with the permission of the owner of such Lot; and the right to subject the Property and any
Additional Property to a contract with Carolina Power and Light Company for the installation of
street lighting, which contract requires a continuing monthly payment to Carolina Power and Light
Company by each resident customer for stred lighting service (such rights may be exercised by any
licence of the Declarant, but this reservation shall not be considered an obligation of the Declarant
to provide or maintain any such utility or service)
(b) easements over all private streets, if any, access easements, and Common Areas
within the Development as necessary to provide access, ingress and egress, to any Additional
Property

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(c) an easement of unobstructed access over, on, upon, through and across each Lot and
the Limited Common Area located thereon, if any, at all, reasonable tunes to perform any
maintenance and repair to the Limited Common Areas required by this Declaration This easement
shall also run in favor of the Assocnation and the Association's agents, employees, successors and
assigns.
SECTION 3 Oft A The following easements are granted by Declarant to others
(a) an easement is hereby granted to a]I police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services, to enterupon all Lots and Common
Area in die performance of theff duties
(b) in case of any emergency ongmating in or threatening any Lot or Common Areas,
regardless of whether any Lot Owner is present at the tune of such emergency, the Association or
any other person authorized by it, shall have the right to enter any Lot for the purpose of remedying
or abating the causes of such emergency and making any other necessary repairs not performed by
the Lot Owners, and such right of entry shall be immediate
(c) the Association is granted an easement over each Lot for the purposes of exercising
its rights under Article VI, Section 5, of this Declaration
SECTION 4. Naturc of Easements All easements and rights described herein are perpetual
easements appurtenant, running with the land, and shall inure to thebenefit of and be binding on the
undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other person
having am interest in the Property or any Additional Property, or any part or portion thereof,
regardless of whether or not reference is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the easements and rights described in this
Declaration.
SECTION 1. &IM4Uon otAssociabon Azalea Trace Homeowner; Association, Inc. is a
nonprofit corporation organtxed pursuant to the Nonprofit Corporation Act of the State of North
Carolina for the purpose of establishing an association for the Owners of Lots to operate and
maintain the Common Areas and to provide any other services provided in this Declaration or agreed
to by a majority of the Members.
SECTION 2 Membership. Every Lot Owner shall be a Member of the Association
Membership shall be appurtenant to and may not be separated fi+om Lot ownership.
SECTION 3. Votinsr Ri is Each Member shall be entitled to one vote in the affairs of the
Association for each Lot owned. When more than one person holds an interest in any Lot, all such
persons shall be Members The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
SECTION4 Powers. yil_ erg RmehtsandObhaahons. In addition to thenghts and powers
granted to the Association in its charter and to the rights and powers with regard to assessments set
forth in Article IV oftlus Declaration, the Association shall have and possess and shall perform and
exercise the following powers, pnvdeges, rights and duties, subject, however, to the rights of the
Declarant contained in Article V hereof
(a) The Association shall be entitled to make and amend masonahle rules and regulations
governing use of the Common Areas by the Owners;
(b) The Association shall be responsible for the operation, upkeep, maintenance,
protection, preservation, repairs, reconstruction and/or replacement of (i) the Common Areas and
improvements and additions thereto, and (it) the Limited Common Areas, Many; provided, however,

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that in the event that any ofthe above activities are necessitated by the willful actor active orpassive
negligence of any Owner, lus family, guests, invitees or tenants, or is caused by fire, wind, rain,
blowing water, lightening, stroke or other hazard or casualty, and the cost of such maintenance,
repair or other activity is not fully covered by insurance, then, at the sole discretion of the Board of
Directors of the Association, the cost of the same shall be the personal obligation of the Owner and
if not paid to the A ssociation upon demand, may be added to the annual assessment levied against
said Owner's Lot,
(c) The Association may engage m such other activities as authorized by a majority of the
Members
(d) The Association may suspend the voting rights and privileges of an Owner for any
period during which any Assessments against the Owner's lot remain unpaid and for a period not
to exceed 60 days for an infraction of the published rules and regulations of the Association:
(e) The Association may mortgage or convoy the Common Areas, or dedicate or transfer all
or part of the Common Areas, to any public agency, authority or utility for such purposes and subject
to such conditions as may be agreed to by at least two thirds of the Members-
(0 The Board of Directors on behalf of the Association, as a common expense, may at all
tunes keep the Common Areas and other property of the Association, if any, insured against loss or
damageby fire or other hwwds and Other suchnsks, including, but not limited to directors' liability
and publ tc liability insu since, upon such terms and for such amounts as maybe reasonably necessary
from time to time to protect such property, which insurance shall be payable in case of loss to the
Association for all Members. The Associati on shall have the sole authority to deal with the insurer
in the settlement of claims. Such msiiranee shall be obtained without prejudice to the right of each
Member to insure his personal property for his own benefit at his own expense. In no event shall the
insurance coverage obtained by the Association be brought into contribution with insurance
purchased by Members or their mortgagees
SECTION 1. Creatign of the 1jen Aqd Fg=aj QbhgaUQn UfA&KjU=. Each Owner of
any Lot, by acceptance of a dead for the Owner's Lot, whether or not it shall be so expressed in such
deed, covenants and agrees to pay to the Association the following assessments (collectively the
uAssessnients')
A. Annual Assessments,
B. Special Assessments for Capital Improvements.
C. Insurance Assessments;
D. Ad Valorem Tax Assessments, and
E. Working Capital Assessments.
The Assessments, together with interest, costs and reasonable attomry's fees, shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the Assess-
ments are made Each such Assessment, together with interest, costs and reasonable attorney's fees,
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 suocessors in title unless expressly assumed by them.
SECTION 2. EMMM of AWmW Assessments The Annual Assessments levied by the
Association shall be used exclusively to promote the recrmtion, health, safety and welfare of the
Owners and residents of the Property and Additional Property and for the unprovetnont and

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maintenance of the Common Areas and any Limited Common Areas The funds arising from said
assessments or charges, may be used for any or all of the following purposes- operations,
maintenance and improvement of the Common Areas, and any Limited Common Areas, occluding
payment of utilities, enforcing this Declaration, paying taxes, insurance premnmcs, legal and
accounting fees and governmental charges, establishing worlang capital, and in addmon, doing any
other things necessary or desirable in the opinion of the Association to keep the Common Areas and
Limited Common Areas in good operating order and repair
SECTION 3 Annual Assessments Annual Assessments shall be in an amount to be fixed
from year to year by the Board of Directors 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 at least 30 days in advance of the
Annual Assessment period, provided, however, that the first Annual Assessment shall be set pnor
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 of Mredors and the Board of Directors shall have the authority to require
the assessments to be paid in pro rata periodic installments, as the Board may in its discretion
determine The Association shall, upon demand, and for a reasonable charge furnish a certificate
signed by an officer of the Association setting firth 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 tncreasod each year not more than ten percent
(10%) above the Annual Assessment for the previous year without a vote of the Members, except
as herein provided
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 ten percent (10%) by a vote
of a maj ority of the Members who are voting in person or by proxy at a meeting duly called for this
purpose
C The Board of Directors may increase the amount of the Annual Assessment to
$150.00 per Lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the
limitations set forth in said subparagrapbs shall apply to any annual increase.
SECTION 4 Snow]. Assessments_& Qpital_LWMyements. In addition to the Annual
Assessments authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only for the purpose of det7aying, in whole or in part, the cost of
any construction, teconstrudion, repair orreplaeement ofa capital improvement upon the Common
Areas and any Limited Common Ares, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of a majority ofthe Members who are voting
in person or by proxy at a meeting duly called for this purpose.
SECTION S Insurance Assessment All premiums on insurance policies purchased by the
Board of Directors or its designee pursuant to Article III and any deductibles payable by the
Association upon loss shall be a common expense, and the Association may in any assessment year
levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments
provided for under Section 3 above, which shall be in an amount sufficient to pay the annual cost
of all such deductibles and insurance premiums not included as a component of the Annual
Assessment, Such assessment shall not be subject to the 10% limitation set out in Section 3. A. and
B. of this Article IV
SECTION 6. Ad Valorem Tax Assessments. All ad valorem taxes levied against the
Common Areas, if any, shall be a common expense, and the Association may in any assessment year
levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual
Assessments provided forunder Section 3 above, which shall be in an amount sufficient to pay such
ad valorem taxes in such year not included as a component of the Annual Assessment Such

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assessment shall not be subject to the 10% limitation set out m Section 3 A. and B. of this Article
1V.
SECTION 7 Working Covital AsmwsW At the time title to a Lai is conveyed to an
Owner by Declarant, the Owner shall pay to the Association as working capital an amount equal to
two months' assessments Such ftinds shall be used solely for until operating and capital expenses
of the Association such as prepaid insurance, suppbcs, and fiutuahutgs, fixtures and equipment for
the Common Areas, etc Amounts paid into the working capital fund are not to be considered as
advance payment ofthe Annual or any other assessments. Any working capital funds remaining after
the last Lot has been sold by Declarant shall be transferred to and became part of the general funds
of the Association, in the discretion of the Board of Directors.
SECTION 6. NgUcc Wd QWnjm For AU Action Authoazod under Sections 3 and 4.
Witten notice of any meeting called for the purpose of taking any action authonzed raider 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 Members or of proxies
entitled to cast fifty percent (50%) of all votes of each class of Membership shall constitute a
quorum The required quorum at the subsequent meeting shall be one-half (112) of the required
quorum at the preceding mecting. No such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
SECTION 9 Unifprm Rate of Assessment. The Assessments mustbe fixed at a uniform rate
for all Lots and may be collected on a monthly basis
SECTION 10. Commencement of Assess Assessments for each Lot shall commence
upon the date of acceptance by an Owner of a deed from Declarant.
SECTION 11 on. Any
Assessment or installment thereof not paid within thirty (30) days slier the due date shall beat
interest from the due date at the highest rate allowable by law. The Association nay bring an action
at law against the Owner personally obligated to pay the same, or foreclose the hen against the
Owner's Lot in the same manner as a deed of trust ender power of sale as allowed under North
Carolina Law. No Owner may waive or otherwise escape liability for the Assemnnents provided for
herein by non-use of the Common Area 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 12 Su jnabon Of_The Lic To Merit= The hen of the Assessments
provided for hewn shall be subordinate to the lien of any first mortgage 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 uansfer shall relieve such Lot
from Lability for any Assessments thereafter becoming due or from the lien thereof
The Declarant shall have and there is hereby reserved to the Declarant, the following rights,
powers and privileges which shall be in addition to any other rights, powers and privileges reserved
to the Declarant herein:
SECTION 1 All the powers and duties of
the Board ofDirectors of the Association maybe exci isad by the Declarant, and the Developer shall
appoint all members of the Board of Directors, until such time as ninety percent (90%) of the Lots
within the Development havebecn sold or conveyed by; the Declarant to purchasers (the "Developer
Control Period') Management and control can be voluintanly transferredby Declarant to the Owners
at any time

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SECTION 2. Arc All duties and responsibilities conferred
upon the Architectural Control Committee by this Declaration or the By-laws of the Association
shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own
any Lot within the Property or any Additional Property. Thereafter, the Architectural Committee
shall be as designated m Article VI, Section I
SECTION 3. Plan of Development The right to change, alter or redesignate the allocated
planned, platted, orrecorded use or designation ofany of the lands constituting the Development (so
long as the Declarant retains title to said lands) mdudmg, but not lrmrled to, the right to change, alter
or redesignate road, utility and drainage facilities and easements and to change, alter or redesignate
such other present and proposed amenities or facrhties as may in the sole judgment and discretion
of Declarant be necessary or desirable. The Declarant hereby expressly reserves into itself, its
successors and assigns, the right to ra-plat any one (1) or more Lots shown on the plat of any
subdivision of the Property or Additional Property in order to create one or more modified Lots, to
further subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine one
or more tracts or Lots or a tract and Lots to cmte a larger tract; to ehmrnate from this Declaration
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 or
tracts suitable and fit as a building site or access area or roadway
SECTION 4. Amcndmcnt ofpcclamtt{mby the ftjarmt. This Declaration may be amended
by the Declarant, or the Board of the Association, as the case may be, as follows
A In any respect, prior to the sale of the first Lot
B To the extent this Declaration applies to Additional Property
C To correct any obvious error or inconsistency in drafting typing or reproduction
D. To qualify the Association or the Property and Additional Property, or any portion
thereof for tax exempt status.
E. To include any platting change as permitted herein
F To conform this Declaration to the requirements ofany law or governmental agency
having legal jurisdiction over the Property or any Additional Property or to qualify the Property or
any Additional Property or any Lots and improvcanents thereon for mortgage or improvement loans
made, insured or guaranteed by a governmental agency or to comply with the requirements of law
or regulations of any corporation or agency belonging to, sponsored by, or under the substantial
control of the United States Government or the State of North Carolina, regarding purchase or sale
of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation
relattng to the control of property, including, without hmutation, ecological controls, construction
standards, aesthetics, and matters affecting the public health, safety and; general welfare A letter
from an official of any such corporation or agency, includuig, wrtbout limitation, the Veterans
Administration, U. S Department of Housing and Urban Development, the Federal Home Loan
Mortgage Corporation, Government National Mortgage Corporation, or the Federal National
Mortgage Association, requesting or suggesting an amendment necessary to comply with the
requirements of such corporation or agency shall be sufficient evidence of the approval of such
corporation or agency, provided that the changes made substantially conform to such request or
suggestion Notwithstanding anything else herein to the contrary, only the Declarant, during the
Developer Control Period, shall be entitled to amend thus Declaration pursuant to this Section 4, F
ARTICLE VI
USE RESMUCTIONS AN12 ARCIUMMM&L CONTROL
SECTIONi j5WI(tnQand Site Imrurovement Nedwelling,wallorotherstiudlure,mchuhng
fences, shall be commenced, erected, or ma ntarned upon any Lot, nor shall any exterior additzon
to or change in or alteration therein (including painting or repainting of exterior surfaces) be made

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until the plans and specifications showing the nature, kind, shape. heights, materials, colors and
location of the same shall have been submitted to and approved in writing as to harmony of external
design and location to relation to surrounding structures and topography by the Declarant, or its
designee, or, after the sale of all Lots by Declarant, by the Board of DuWors of the Association, or
by an Architectural Control Committee composed of three (3) ormore representatives appointed by
the Board In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural
Control Committee, falls to approve or disapprove such design and location within thirty (30) days
after said plans and specifications have been submitted to it, approval will not be required and this
Article will be deemed to have been fatly complied with. Refusal or approval of any such plans,
location or specification may be based upon any ground, including purely aesthetic and
environmental considerations, that in the sole and uncontrolled discretion of the Declarant, the
Board, or Architectural Control Committee shall be deemed sufficient One copy of all plans and
related data shall be furnished to the Declarant, the Board, or Architectural Control Committee, as
the case may be, for its records Neither the Declarant, the Board, 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 2. Avnroval_of Plans No house plans will be approved unless the proposed
house shall have a minimum of 1000 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
B Since the establishment of inflexible building setback lines for location ofhouses 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 Declarant, the Board, or the Architectural Control Committee, as the case may be.
C. The exterior of all houses and other structures must be coinpleted 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, Gyres, national
emergency or natural calamities.
D No structure shall be erected, altered, placed or permitted to remain on any Lot, except
one single family dwelling not to exceed two and one-half stories in height. No garage apartments
are allowed
E All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or
plant screen of a type and size approved by the Declarant, the Board or the Architectural Control
Committee, so as to preclude the same from causing an unsightly view from any highway, street or
way within the subdivision, or from any other residence within the subdivision. All mail and
newspaperboxes shall behim form in design. Design for mail and newspaper boxes shall be R mshed
by Declarant Fences shall be permitted on any Lot, provided, however, that the design and materials
of any fence are approved by the Declarant, the Board, or the Architectural Control Committee, as
the case may be, and provided further, that no fence shall be over six feet in height or forward of a
point located fifteen feet to the rear of the front elevation of the dwelling on the Lot. Clothes lines
are not permitted on any Lot.
F Of f street parking for not 1 ess than two (2) passenger automobiles must be provided
on each Got prior to the occupancy of any dwelling constructed on said Lot which partciug areas and
the driveways thereto shall be constructed of concrete, brick, asphalt, or turf stone, or any other
material approved by Declarant, the Board or Architectural Control Committee
SECTION 3. Laird use Brnldmg [one. No Lot shall be used for any purpose except for
residential purposes All numbered Lots arc restricted for construction of single family dwellings

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only Different and amended land use restrictions and arclutectural control guidelines may be
established forAdditional Property added to the Development byDeclarant, provided, however, that
no Lot may be used for other than single family dwellings except pursuant to approval of the
Members in accordance with this Declaration.
SECTION 4 NI@Mgcs No noxious or offensive activity shall be carried on upon any Lot,
nor shall anything be done thereon winch may be or may become an annoyance or nuisance to the
neighborhood There shall not be maintained any plants or animals, nor device or thing of 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 5 Lot Maintenance. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects In the event the Owner fails to do so, then,
after thirty days notice from the Architectural Control Committee, the Association or its designee
may enter upon the Lot and remove the same at the expense of the Owner, and such entry shall not
be deemed a trespass, and in such event a lien shall anse and be created in favor of the Association
for the full amount of the cost thereof chargeable to such Lot, including collection costs and such
amounts shal l 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 6. TMRMM 5JEUSA=s No structure of a temporary character, trailer,
basement, tent, mhack, 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 its
designee, provided, however, that this shall not prevent the Declarant, its designees or assigns from
maintaining a construction trailer or office on any part of the Development until the construction of
dwellings on all Lots is completed
SECTION 7 Vehicle-Qoats. No boat, motor boat, camper, trailer, motor or mobile homes,
tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on any street at any
time, without the written consent of the Association or its designee No inoperable vehicle or vehicle
without current registration and insurance, will be permitted on any Lot, street or Common Area
The Association shall have the right to have all such vehicles towed away at the owner's expense.
No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas
and not visible from the street.
SECTION 8. 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 otherhousehold 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 tunes kept properly leashed or under the rule
of their owner and do not became a nuisance to the neighborhood
SECTION 9. SiMmM. TSJZrision Satellite Dishcs and Antennas No yard statuary or TV
satellite signal receiving dishes are 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 by the Hoard of Directors of the Association or its Architectural Control Committee
SECTION 10. Exterior Lights All light bulbs or other lights installed in any fixture located
on the exterior of anybuilding or any Lot for the purpose ofillumination shall be clear, white or non -
frost lights or bulbs
SECTION 11 Landscavine. Prior to imtial occupancy of the residence constructed on each
Lot, the front yard arcs of such Lot must be sodded; provided, however, that any areas to be used
as planting beds for trees and shrubs need not be sodded so long as such beds are planted prior to
initial occupancy of the Lot The Declarant, the Board or the Architectural Control Committee, as
the case may be, may on account of adverse weather conditions or for other good cause shown

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permit such landscaping to be done within a period of six months after uutial occupancy of the
residence.
SECTION 12 Stairs. No signs shall be permitted on any Lot or in the Common Areas
without permission of the Board of Directors, except that a sign conforming to any applicable
governmental sigh ordinance nay be displayed by the owner of any Lot for the purpose ofadvertising
that said Lot is for sale, provided the sign shall not be larger than 2X3 feet
SECTION 13 Alterations. No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Areas except the direction or with the express
written consent of the Association.
SECTION 15. Subdividing Subject to the provisions of Article V hereof, no Lot shall be
subdivided, or its boundary lines changed except with the prior written consent of the Declarant
during the period of Declarant control of the Association and thereafter by the Board of Directors
of the Association
ARTICLE VII.
ANNEXATION OF ADDITIONAL PROPERTY
SECTION 1 Declarant may annex to and make a part of the Development any other real
property which Declarant now owns or which Declarant may hereafter acquire or develop (the
"Additional Property'), as follows
A Except as provided in subparagraph B, below, annexation of Additional Property to
the Development shall require the assent of a majority of the Members who are voting in person or
by proxy at a meeting called for this purpose, wntten notice of which shall be sent to all Members
not less than 30 days nor more than 60 days in advance of the meeting
B Additional Property may be annexed to the Development without the assent of the
Members so long as the Additional Property can be used only for residential purposes and related
facilities usually appurtenant to residential developments, recreational facilities and Common Areas.
SECTION 2. Annexation of Additional Property shall occur upon the recording, in the
Office of the Register of Deeds for the county where the Additional Property is located, of (i) a
subdivision plat for the Additional Property and (ii) a supplemental declaration stating that the
Additional Property is made a part of the Development and is subject to this Declaration Upon
recording of such plat and supplemental declaration, the Additional Property shall become fully
subject to the terms of this Declaration, except to the extent that pursuant to Article V, Section 4
hereof, the Declarant amends the applicability of this Declaration to the Additional Property
SECTION 3 Nothing herein shall prevent Declarant from using the name "Azalea Trace"
in conjunction with the development of other real property which is not made part of the
Development and subject to this Declaration.
ARTICLE VIII.
GENERAL PROVISIONS
SECTION 1. fit. The Association, or any Owner, shall have the right to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, hens and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association
or by an Owner to enforce any covenant or restriction herem contained shall in no event be deemed
a waiver of the right to do so thereafter.
SECTION 2 . No more than 2,800 square
feet of any Lot shall be covered by structures and/or paved surfaces, including walkways or patios
of bnek, stone, slate or similar materials (the "Built Upon Area"). All Lots shall be graded so that
two thirds of the Lot area drains to the abutting street(s) The covenants contained in this section are
10

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attended to insure continued compliance with storm waterrunoffrules adopted by the State ofNorth
Carolina and, therefore, may be enforced by the State of North Carolina Any Ow= may in
accordance with applicable governmental regulations borrow from another Owner any Built Upon
Area which is not being utilized by the other Owner. Such transaction need not be approved by any
Owners, other than those involved in the transaction, by the Declarant or by the Association.
A. Swafes shall not be filled M piped, or altered except as necessary to provide driveway
crossings
B Built -upon area in excess of the permitted amount requires state stormwatcr management
permit modification prior to construction
C. All permitted runoff from out parcels or future development shall be directed into the
permitted stonnwater control system These connections to the stormwater control system shall
perform in a manna that maintains the mtepty and performance of the system as permitted.
SECTION 3 Severabtlity. Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no vase affect any other provisions which shall remain in foil force
and effect.
SECTION 4 Lots Subject to_MKition All present end futtire Owners, tenants and
occupants of Lots and their guests or Invitees, shall be subject to, and shall comply with the
provisions of the DeclaratiM and as the Declaration may be amended from time to time. The
acceptance of a deed of conveyance or the entering into of a lease or the ctituing into occupancy of
any Lot shall constitute an agreement that the provisions of the Declaration are accepted and ratified
by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall mire to
the benefit of and be enforceable by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any
person having at any time 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 twenty (20) years from the date this
Declaration is recorded, after which time they shall be automatically cn=W for successive penods
of ten (10) years.
SECTION 5 AmM m CM of Deadaratton. Except as provided elsewhere herein, the
covenants and restrictions of this Declination may be amended only by an tristnmuent duly recorded
in the Office of the Register of Deeds of the county where the Development is located, executed by
the duly authorized officers of the Association upon the vote of not less than a majority of the Lot
Owners, provided that no amendment shall alter any obligation to pay ad valorem taxes or
assessments for public improvements, as her= provided, or affect any lien for the payment thereof
established herein. In no event may the Declaration be amended so as to deprive the Declarant of any
rights herem granted or reserved unto Declarant
IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be executed
in their corporate name and the corporate seal affixed by its duly authorized officers this thc%lay
of DwAmber, 2002
AZALEA TRACE, LLC
BY- ((/ (SEAL)
W Keith Andrews, Manager
11

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STATE OF NORTH AROLMA
COUNTY OF
1, Md yit V ) nOr a Notary Public m and for said (�`i y and SWc, do
hereby certify that _ W ` }t-, IQ�Y�WS Personally came before me this day and
acknowledged that he is a manager ofAzalea Trace, LLC, a lmiited habibty company which is a the
limited liability company descnbed in and which executed the foregoing uwtr went, that he
executed said instrument m the limited liability company name by subscribing his name thereto
WITNESS my hand and notanal seal, this the 3104ay of December, 2002
12

0

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
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Filed For Reglefthon: 0IM212M 12:43:09 PM
Book: RE 3589 Page: 334-M
Document No. 2003000119
DECL 13 PGS $47 00
Recorder: MARVIS ANN STORER
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State of North Carolina, County of New Hanover
The foregoing certificate of MARIE V RAYNOR Notary Is certified to be correct This 2 ND of January 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deputy/AsebMt Register of Deeds
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YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003000119*
2003000119

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�O� \NA94 Michael F. Easfey, Governor
O G William G. Ross, Jr., Secretary
co 7 North Carolina Department of Environment and Natural Resources
Ei
0 Alan W. Klimek, P.E. Director
Division of Water Quality
October 27, 2005
CERTIFIED MAIL #7005 0390 0001 3200 6936
RETURN RECEIPT REQUESTED
Mr. Kirk Andrews
Azalea Trace, LLC
315 Friday Drive
Wilmington, INC 28411
Subject: NOTICE OF VIOLATION
Azalea Trace
Stormwater Permit No. SW8 020212
New Hanover County
Dear Mr. Andrews:
On October 24, 2005, Wilmington Regional Office personnel performed a Compliance
Inspection of the subject project, located at Sunglow Drive and North Kerr Avenue in
Wilmington, New Hanover County, North Carolina. The inspection was performed to
determine the status of compliance with Stormwater Permit Number SW8 020212, issued to
you on July 9, 2002. .
The project has been found in violation of Stormwater Permit Number SW8 020212 , issued
pursuant to the requirements of 15A NCAC 2H.1000. The violations found are:
Section 11.13 - Failure to record the deed restrictions as shown in the permit:
a. The following covenants are intended to ensure ongoing compliance with State
Stormwater Management Permit Number SW8 020212, as issued by the Division
of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the
extent necessary to maintain compliance with the Stormwater Management
Permit.
c. These covenants are to run with the land and be binding on all persons and
parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without
the express written consent of the State of North Carolina, Division of Water
Quality.
e. Alteration of the drainage as shown on the approved plans may not take place
without the concurrence of the Division of Water Quality.
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer 5ervicel-877-623.8748 One
Wilmington Regional Offrce Wilmington, NC 28405-3845 FAX [phone] Internet: h2o.enr.state.ne.us Northl Caroina
An Equal QpportunitylAifirmative Action Employer -- 50% Recycled110% Post Consumer Paper ,1viriur,711Y

October 27, 2005
Azalea Trace
Stormwater Permit No. SW8 020212
The maximum built -upon area per lot is 3,500 ft2. This allotted amount
includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited
to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and
parking areas, but does not include raised, open wood decking, or the
water surface of swimming pools.
g. All runoff on the lot must drain into the permitted system. This may be
accomplished through any or all of the following: providing roof drain
gutters which drain to the street; grading the lot to drain toward the street;
or grading perimeter swales and directing them into the pond or street.
Lots that naturally drain into the system are not required to provide these
additional measures.
2. Section 11.9 - failure to provide the required Designer's Certification, which
documents that the permitted facility has been built in accordance with the
permit.
To correct these violations you must:
Provide a written "Plan of Action" which outlines the actions you will take to
correct the violation(s) and a time frame for completion of those actions, on or
before November 27, 2005,
2. Submit an amendment to revise the language in the deed restrictions to that
shown in the permit. All of the required statements were provided in the
proposed deed restrictions document that was submitted with the application
in February of 2002, but somehow, those statements did not make it into the
final recorded document, which the Division downloaded from the County's
real property website. Additionally, the BUA per lot was recorded as 2,800 ft2
while the permit was issued for 3,500 ft2 per lot. While recording a lower BUA
than was permitted is not a violation, I do want to bring the discrepancy to your
attention prior to the turnover to the HOA.
3. Submit the required Designer's Certification. Your association manager, Nick
Joseph, indicated that -he had a copy of the certification dated 2002, but the
Division does not have record of receiving it.
The Division has been made aware that it is your intent to transfer this permit to the
homeowners in the near future. Please contact Linda Lewis at her number listed at the
end of this letter to set up a date for an inspection of the facilities to be performed prior
to the HOA accepting the permit. Any deficiencies will need to be addressed prior to the
Division's approval of the transfer. You are the permittee of record until such time as the
Division approves the transfer.
Failure to provide the "Plan of Action" by November 27, 2005, or to correct the violations
by the date designated in the "Plan of Action", are considered violations of 15A NCAC
2H.1000, and may result in the initiation of enforcement action which may include
recommendations for the assessment of civil penalties, pursuant to,NCGS 143-215.6A.
Page 2 of 5

October 27, 2005
Azalea Trace
Stormwater Permit No. SW8 020212
By copy of this letter to the New Hanover County Building Inspector, this Office is
requesting that the Building Inspector consider withholding building permits and
Certificates of Occupancy for this project until this matter is satisfactorily resolved.
If you have any questions concerning this matter, please call Linda Lewis at (910) 796-
7404.
Sincerely,
Edwar� �eck
Regional Supervisor
Surface Water Protection Section
ENBlarl: S:1WQSISTORMWATINOTICE1020242.oct05
cc: Jimmy Fentress, Stroud Engineering
Tony Roberts, New Hanover County Building Inspections
Linda Lewis
Central Office
Page 3 of 5

October 27, 2005
Azalea Trace
Stormwater Permit No. SW8 020212
New Hanover County Page 1 of 2
Designer's Certification
I, , as a duly registered _ in
the State of North Carolina, having been authorized to observe (periodically 1 weekly 1
full time) the construction of the project,
(Project)
for (Project Owner) hereby state that, to the
best of my abilities, due care and diligence was used in the observation of the project
construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Required Items to be checked for this certification to be considered complete are on
page 2 of this form.
Noted deviations from approved plans and specifications:
Signature
Registration Number
Date
SEAL
Page 4 of 5

October 27, 2005
Azalea Trace
Stormwater Permit No. SW8 020212
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted
acreage.
2. The drainage area to the system contains no more than the permitted
amount of built -upon area.
3. All the built -upon area associated with the project is graded such that the
runoff drains to the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
6. Trash rack is provided on the outlet/bypass,structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and'do not cause short-
circuiting of the system.
10. The permitted amounts of surface area and/or volume have been
provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. Ail required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf,
and a forebay.
14. The dimensions of the system, as shown on the approved plans, are
provided.
cc: NCDENR-DWQ
Tony Roberts, New Hanover County Building Inspections
Page 5 of 5

State Stormwater Management Systems
Permit No. SW8 020212
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
;i ' .S r,
PERMISSION IS IJEREBY GRANTED TO
Azalea Trace, LLC
Azalea Trace+:
New Hanover County'"---.'.' . .
FOR THE ;
construction, operation and maintenance of a wet detention pond in compliance with the
provisions of 15A NCAC 2H .1000 (hereafter referred to as the "slormwater rules`D and the
approved stormwater management plans and specifications and other supporting data as attached
and on file with and approved by the Division of Water Quality and considered a part of this
permit.
This permit shall be effective from the date of issuance until July 9, 2012 and shall be subject to
the following specified conditions and limitations:
I. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.,
t; t
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 3 of this permit, the Project Data Sheet. The subdivision is permitted
for 62 lots, each allowed a maximum of 3,500 ftz of built -upon area. The 11
condominium buildings are each allowed a maximuEn of 3,738 ft2 of built -upon area.
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of the permit. t ,' `
4. All stormwater collection and treatment systems must be located in either dedicated
common areas or recorded easements. The final plats for the project will be recorded
showing all such required casements, in accordance with the approved plans.
2

f
State Stormwater Management Systems
Permit No. SW8 020212
DIVISION OF WATER QUALITY
PRO.IECT DATA SHEET
Project Name:
Azalea Trace
Permit Number:
SW8 020212
Location:
New HanoveFtounty
Applicant:
Mr. Kirk,Andrews, Partner
Mailing Address:
Azalea Trace;'LLC.
315 Friday, Drive
Wilmington,,NC 28411
Application Date:
June 27, 2002
Name of Receiving Stream / Index #:
Smith Creek / 18-74-63
Classification of Water Body:
"C Sw"
Design Storm:
1 inch
Pond Depth, feet: ;'
7.0
Permanent Pool Elevation, FMSL:
25
Drainage Area, acres:
20.70
"Total Impervious Surfaces, ft2:
455,253 ..,
62 lots at 3,500 ft2:
217,000''''
11 condominiums @3,738 ft2:
41,118
Roads/Parking, ft2
Sidewalk, ft2:
Pool, ft2
26,838 ,'' '
1,261
Offsite Area entering Pond, ft2:
None, per >✓ngineer
Required Surface Area, ft2:
17,352
Provided Surface Area, ftz:
17,389
Required Storage Volume, ft':
37,901
Provided Storage Volume, ft3:
38,087
.s
Temporary Storage Elevation, FMSL:
26.9
Controlling Orifice:
2.5"cp pipe
3

State,Stormwater Management Systems
Permit No. SW8 020212
ll. SCHEDULE OF COMPLIANCE',
No homeowner/lot owner/developer shall fill in, alter,.or,pipe any drainage feature (such
as swales) shown on the approved plans as part of the sto"rmwater management system
without submitting a revision to the permit and receiving approval from the Division.
2. The permittee is responsible for verifying that the proposed built -upon area for the entire
project, condos and single family lots, including driveways and sidewalks, does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon
area may not be revised without approval from the Division of Water Quality, and
responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
3. If an Architectural Review Committee (ARC) is required to review plans for compliance
with the BUA limit, the plans reviewed must include all proposed built -upon area. Any
approvals given by the ARC do not relieve the homeowner of the responsibility to
maintain compliance with the permitted BUA limit, as indicated in the recorded deed
restrictions and covenants.
4. The permittee shall submit to the Director and shall hka 6 received approval for revised
plans, specifications, and calculations prior to construction, for any modification to the
o
approved plans, including, but not limited to, those listed below:
a. Any revision to the approved plans, regardless of size. -
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount'ofbuilt-upon area.
C. Further subdivision, acquisition, or sale of the project. area. The project area is
defined as all property owned by the permittee, for which Sedimentation and
Erosion Control Plan approval was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the approved
plan.
5. The Director may determine that other revisions to the project should require a
modification to the permit.
6. The Director .may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
7. The stormwater management system shall be constructed'i&A's entirety, vegetated and
operational for its intended use prior to the construction of ahy built -upon surface.
8. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
9. Upon completion of construction, prior to issuance of'd Certificate of Occupancy, and
prior to operation of this permitted facility, a certification niust be received from an
appropriate designer for the system installed certifying that the permitted facility has been
installed in accordance with this permit, the approved plans and specifications, and other
supporting documentation. Any deviations from the approved plans and specifications
must be noted on the Certification.
10. Decorative spray fountains will not be allowed in the stormwater treatment system.
4

State Stormwater Management Systems
Permit No. SW8 020212
11, The permittee shall at all times provide the operation and maintenance necessary to assure
the permitted stormvater system functions at optimum efficiency. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes.
d. Immediate repair of eroded areas.
c. Maintenance of side slopes in accordance with"approved plans and specifications.
f. Debris removal and unclogging of outlet strucfure„ "orifice device and catch basins
and piping.
g. Access to the outlet structure must be available at all times.
12. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DWQ. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
13. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon
area per lot to the amount as shown on the Project Data Sheet, per Section 1, Part 2. The
recorded statements must follow the form:
a. The folloving covenants are intended to ensure ongoing compliance with State
Stormwater :"Management Permit Number SW8 020212, as issued by the Division
of Watcr,Quality under NCAC 2I-I.1000.
b. The State `of North Carolina is made a beneficiary of these covenants to the extent
necessary to maintain compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties
claiming under them.
w
d. The covenants pertaining to stormwater may;riot,be,altercd or rescinded without
the express written consent of the State of North Car'b'l'ina, Division of Water
Quality.
C. Alteration of the drainage as shown on the approved:plans may not take place
without the concurrence of the Division of Water Quality.
f. The maximum built -upon area per lot is 3,500 ftz square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and
that portion of the right-of-way between the front lot line and the edge of the
pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not
include raised, open wood decking, or the water surface of swimming pools.
V
g. All. rtinoff,o1,"the lot must drain into the permitted system. This may be
accomplished through any or all of the following: providing roof drain gutters
which drain to the street; grading the lot to drain toward the street; or grading
perimeter swales and directing them into the pond or street. Lots that naturally
drain into the system are not required to provide -these additional measures.
14. if the stormwater system was used as an Erosion Con'trol''device; it must be restored to
design condition prior to operation as a stormwater:6aihicnt device, and prior to
occupancy of the facility.
,.;

State'•Stormwater Management Systems
Permit No. SW8 020212
15. Permanent seeding requirements for the stormwater control must be appropriate for the
type of stormwater system proposed and must follow.the guidelines established in the
North Carolina Erosion and Sediment Control Planning'and Design Manual.
16. Prior to transfer of the permit, the pond must be inspected by DWQ personnel, and
determined to be in compliance with all permit conditions. Any items not in compliance
must be repaired or replaced to design condition prior to the transfer. Records of
maintenance activities performed to date will be required.
17. A copy of the recorded deed restrictions must be submitted to the Division within 30 days
of the date of recording the plat, and prior to selling lots. The recorded copy must bear the
signature of the 11�.:rrmttee, the deed book number and page, and stamp/signature of the
Register of Deeds. Y
18. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
19. Built upon area includes, but is not limited to, structures,,'asphalt, concrete, gravel, brick,
stone, slate, coquina and parking areas, but does not fl'1c16de _raised, open wood decking,
or the water surface of swimming pools.
II1. GENERAL CONDITIONS
1. This permit is not transferable except after notice to'an-d',a'pproval by the Director. In the
event there is a desire for the facilities to change ownership; or there is a name change of
the Permittee, a "Name/Ownership Change Form" must•be'submitted to the Division of
Water Quality accompanied by appropriate documentation from the parties involved,
including as may be required, but not limited to, a deed of trust, recorded deed
restrictions, Designer's Certification and a signed Operation and Maintenance plan. The
project must be in good standing with DWQ. The approval of this request will be
considered on its merits and may or may not be approved.
2. The permittee is required to comply with all the terms and conditions of this permit until
such time as the 6ivision approves the change of ownership.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to enforcement action by the Division of Water Quality, in accordance with
North Carolina General Statute 143-215.6A to 143-215.6C.
4. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may,be'imposed by other government
agencies (local, state, and federal) which have jurisdiction:
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate.c6rrective action, including those
as may be required by this Division, such as the construction, of additional or replacement
stormwater management systems.
6. The permit may be modified, revoked and reissued or terminated for cause. The filing of
a request for a permit modification, revocation and reissuance or termination does not
stay any permit condition.
Permittee grants permission to staff of the DWQ to access the property for the purposes
of inspecting the stormwater facilities during normal business hours.
6

State Stormwater Management Systems
Permit No. SW8 020212
8. The permittee. shall notify the Division of any name, ownership or mailing address
changes within 30•days.
9. A copy of the approved plans and specifications shall be maintained on file by the
Permittee for a minimum of ten years from the date of the• completion of construction.
Permit issued this the 91h day of July, 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W, Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 020212
I'
TIC
7

STROUD ENGINEERING, P.A.
3961-A Market Street
V . WILMINGTON, NC 28403
1L194V12R ©[� 4 U a KQ3Wd441 L
[phone]
DATE
ATTENTIO .
.
IZt:
e_dDz\�
WE ARE SENDING YOU Aached ❑ Under separate cover via �� the following items:
> -71-Q
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order
COPIES
DATE
NO.
DESCRIPTION
DWQ
THESE ARE TRANSMITTED as checked below:
ror approval
❑ For your use
ns requested
r review and comment
REMARKS
■�a]331�I.Yr1�Lq
rirvd ff
❑ Approved as submitted ❑ Resubmit copies for approval
❑ Approved as noted © Submit copies for distribution
❑ Returned for corrections © Return corrected prints
71
❑ PRINTS RETURNED AFTER LOAN TO US
�� J�L�n-o 1.,4tit_— • r �c�� c44_ f �+.v.�.�.� �\ i�'�y�'���r`?-�
r-
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at .

1� � .� -'"--'
� r,� - . �. - � '-
,�.j"` �` t� .. �..,. Mf , r J

immv Fentress
From: Linda Lewis [Linda,[e-mail]]
Sent: Wednesday, June 19, 2002 5:17 PM
To: jimmy Fentress
Subject: 020212 Azalea Trace
DEEDREST.FOR.do
C
Dear Jimmy:
Please submit sealed calculations for the revised forebay volume.
Please amend the deed restrictions to include the exact language as
found in Sections I and V of the attached document.
Thanks, Linda
1

STATE OF NORTH CAROLINA
DECLARATION OF RESTRICTIONS
COUNTY OF NORTH CAROLINA
MALRATRACE SU DIVISION
KNOW ALL MEN BYTHFSEPRESENT3, thattheundemignedwhichistheOwnerand
Developer of that certain subdivision in City of Wilmington, Harnett Township, New Hanover
County, North Carolina,known as Section I of Azalea Trace, as abown an map or plat prepared by
Michael Underwood, Registered Land Surveyor, which is recorded in Map Book _ at Page .
oftheNew Hanover CountyRegistry,does herebyeovenant andagree to andwith 4peisons, firma
or corporations now owning or hereafter acquiring any lots in said Section 1 of Azalea Trace
Subdivision as shown on midpiat, that each ofthe lots shown thereon is hereby made subject to the
following restrictions, or restrictive covenants, which shall run with the land and be binding upon
said lots and whomsoever may fmm time to time own the same, to wit:
1. No lot or lute shall be put to any use other than forresidmtial purposes, No portion of
any lot or lots shall be used for a roadway, either public or private. except that a portion of any lot
may be used as a driveway, incidental to the normal use of such lot for residential purposes,
2. No building shall be erected, altered, placed upon, or permitted to remain on any lot
other than one detached single family dwelling not to exceed two stories in height; and a private
garage for not more than threc cars. No such garage shall be more than one story in height and shall
never beused forliving quartersofany kind,eitherfor guest, members ofthefamily oraervants,and
the construction ormtuntcuanceofsoealW"gerage apartments"on any lots is mpitmlyprohrbtted.
Detached garage must be constructed ofthe same material and in the same style as the residence.
3. No dwelling shall be constricted or permitted to remain on any lot the square footage
of which, excluding porchca, garage areas and carport areas, shallbe leas than one thousand square
feet with said square footage to be computed by measurements from the exterior walla of said
dwelling. The plans for all dwellings and other structures incidental to the use of the lots in this
subdivision (including garages, fences, out buildings or storage buildings) shall be approved by
Azalea Trace, LLC, its succemrs, nominees or assigns. Azalea Truce, LLC, reserve the right to
disapprove the plans, in its sole discretion. for any reason, including aesthetic concerns, provided,
however, if plans are submitted for approval to an officer, nominee or successor to Azalea Trace,
LLC, and after a period of twenty days from the delivery thereof, the person or corporation so
delivering the plans has not received either approval, disapproval or requestformodifcation ofthe
phms,thenthe plans shallbedeemodto be approved so long asthe dwellingorstructrae is ingencnd
conformity with the other dwellings and structures in the subdivision. All plans suhrnitted ahall
includca plot plaushowingthelocationofallpmposed (and existing) structures on thelot inrclation
to and the distances from the street and side lines and rear lines of the lot
4. All bulldings,homes,gamges,or0mage buildings shall have an exteriorofbrickor
brick veneer construction on that portion of the building which faces or fronts on the street.
5. No building or structure or any kind shall be located on any lot nearer than 14 feet
from any side or rear lot lint. If the owner of two or more adjoining lots shall elect to use them for
one dwelling, the boundary line or lines between the lots so used shall not he regarded as side
boundary lines of the lots, but from that "IRt"UMVED one lot In
APR 2 2 2002
DWQ
PROD # swgo Zo21 Z
APR-EE-2002 MON 10:20AM ID: PACE:2

computing the setback distance called for in thcec rmtrictive cvvrnimts, the mesruzments shall be
from the base or ground level ofthe building or structure, and neitherthe overhang of eaves (not in
excess ofthreefeet)northeestablishment ofuncoveredstoops orsteps within thesetbackarea,shall
be considered a violation ofthis covenant. In the event ofthe unintentional violation of any of the
building Hnerestrictionshercin set f mkAzaleaTtace,LLC,reserves foritselfthe rightby and with
the mutual consent, inwrhing ofthe owner or owners at such time ofthe lot orlots affected thereby,
to change such restrictions accordingly; provided, however, that such change shall not exceed 10%
ofthe marginal requirements ofthe building line restrictions existing as to such lot.
6. Azalea Trace, LLC, reserves for itself, its mmees&ors and assigns an easement in and
right at any time in the future to grant a 15 foot easement and right-of-way under, over, and along
the side, rearand front property lines of each and every lot in the subdivision describedherehn. for
the installation and maintenance of poles, lines, conduits, pipes and other equipment necessary to.
or useful for furnishing and maintaining drainage, electric power, sae, telephone service or other
utilities including water and sewer service, and further reserves the rightto subjoetthe lands in this
subdivision to it oontmotwithCarolinaPower&Light Company fortheh wtdktionofstrcctlighting
which will require acoutinuing monthly payment to Carolina Power& LightCompany by the owner
of each lot.
7. No fence or other obstruction shallextend nearerthe streetthan the front line of the
maindwelling constructed on the lot, All fences shall beofwoodorbrickconstructlonasapproved
bythe Declauae4AzalenT i=,LLC, orits mw=sorsorawigns.No culvertorpipe shall bcplaccd
in any street or road, ditch or drain unless it in all respects meets the gtandards set by the North
Carolina Department of Transportation, Division of Highways, or its successor.
g. No commercial trade or activity &hall be carried on upon say lot, nor shall any
noxious trade or activity whatsoeverbe carried on upon any lot, rwr shall anything be done thereon
which may be, or may become, any annoyance ornuisance to the neighborhood In the event yards
in the subdivision are not properly maintained, they maybe cleaned by the developers at the owner&
expense. Buses, trucks over one ton, unsightly or uroperafive automobiles and like eyesores cannot
be maintained on any lot, or on any street in the subdivision, eitherpriorto or after the dwelling has
been erected, and any such vehicle may be removed by the developer attire lot owners expense.
9. No structure ofa tempoirarycharacter, trailer, mobilehome, tent, shack, barn or other
building shall be used on any lot either temporarily or permanently, except during actual
construction ofa residence on any lot
10. All buildings, structures and their appurtenances shall be mainta fined Ina suitable
state ofrcpair and in evcntofdamage ordcstnictiou by fire or othcreasualty, the premiscsshallbe
cleared and debris rmoved within90 days fromdate of such casualty.
11, No hogs, cattle, sheep, goats, horses, poultry, or other livestock shall be raised, bred,
or kept on any lot; however, dogs, cats or other household pets maybe kept, provided they are not
kept, bred ormaintainod for any commaciaipurposes and provided further that they are notkept in
such numbers orofsucha nature as to be orbecome anuisance to the adjoining property owners or
any residents of the subdivision.
11 No lot or area shall be used or maintained as a dumping ground for rubbish, trash,
garbage, oz other waste, and such materials may not be kept on any lots, except in sanitary
contaiacn. All equipment forthe storage or disposal of such materials shall be kept in a clean and
sanitary condition.
13. No hot or lots as shown on the maps ofthe subdivision above referred to shall be re -
subdivided or the lot lines thereof changed unless each part ofthe subdivided lot becomes apart of
another whole lot unless Azi0ca Tract, LLC, or its successors joins in the execution of the deed of
conveyance or division for the specific purpose ofc iz s ting to the subdivision or r:aligamcni of
the lines of said lot or lots.
APR-22-2002 MON 10:2OAM ID: PACE:3

14. No sign -boards of any description shall be placed on or displayed on any residential lot except
signs "For Rent" or "For Sale."
15, These restrictions are subject to being altered, modified, cancelled or changed at any time as to
said subdivision as a whole or as to any subdivided lot or part thereof by written document
executed by Azalea Trace, LLC. the developer, or its successors in title, and by the owners of
not less than sixty percent (60%) of the subdivided lots parts of said subdivision to which
these restrictions apply, and recorded in the office of the Register of Deeds of New Hanover
County, North Carolina, but if said restrictions are not so modified they shall remain in effect
until December 31, 2022. Provided that as long as the Developer owns at least (60%) sixty
percent of the lots in said subdivision, it may modify or amend the restrictions without the
joinder of the other lots owners.
16. Invalidation of any one of these covenants by judgement or court order shall in no way affect
any of the other provisions, which shall remain in full force and effect.
17, If the owner of any lot shall violate or permit any use of a lot to become a violation of any of
the covenants contained herein, it shall be lawful for Azalea Trace, LLC. if the owner of any
adjoining lot or lot having across the street road frontage in common with said lot to prosecute
any proceeding at law or in equity against the person, persons, corporation, or other entity
violating, attempting to violate. or permitting such violation to prohibit such violation.
18. The Developer retains the right to dig an irrigation well for the benefit of all lot owners in
Section 1 and to charge and assess all lot owners a reasonable fee for using said irrigation well
which will be billed on a periodic basis.
19, The following covenants are intended to ensure ongoing compliance with State Siormwater
Management Permit Number SW8020212 as issued by the Division of Water Quality. under
NCAC 2H.1000.
A. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to
maintain compliance with the stormwater management permit.
B, These covenants are to run with the land and be binding on all persons and parties claiming
under them.
C. The covenants pertaining to stormwater may not be altered or rescinded without the express
written consent of the State of North Carolina, division of Water Quality.
D. Alteration of the drainage as shown on the approved plan may not take place without the
concurrence of the Division of Water Quality.
E. The maximum allowable built -upon area per lot is 3500 square feet. This allotted amount
includes any built -upon area constructed within the lot property boundaries, and that portion of
the right-of-way between the front lot line and the edge of the pavement. Built upon area
includes, but does not include but is not limited to structures, asphalt, concrete, gravel, brick,
stone ,slate, but does not include raised, open wood decking, of the surface of swimming pools.
F. All runoff from the built -upon areas on the lot must drain into the permitted system. This may
be accomplished through providing roof drain gutters, which drain to the street, grading the lot
to drain towards the street. or grading perimeter swales to collect lot runoff and directing them
into the stormwater system or into the street. Lots that will naturally drain into the sytem are not
required to provide these additional measures.
IN TESTIMONY WHEREOF, AZALEA TRACE, LLC, has caused this instrument to be signed in
its corporate name, this the day of April, 2002.
RE Gro-i IV E D BY: (SEAL~)
JUN 2 7 2002
Manager
DWQ
PROD #

STATE OF NORTH CAROLINA
COUNTYOF
I, , a Notary Public in and for said County and State, do
hereby certify that pammally came before me this day and
acknowledged thathe is a manager ofAzalea Trace, L,L.C, alinnited liability company which is &the
limited liability company described in and which executed the foregoing instrument; that he
executed said hwrumentinthe limited liability company name by subsedbing his name themto
WITNESS my hand and notarial seal, this the — day ofApril, 2002.
NotaryPublic
APR-22-2002 MON 10:21AM ID; PACE:5

STROUD ENGINEERING, P.A.
CONSULTING ENGINEERS
3961-A MARKET STREET
WILMINGTON, NC 28403
[phone]
April 10.2002
NCDENR
ATTN: Linda Lewis
127 Cardinal Drive
Wilmington, North Carolina 28405
Re: Azalea Trace
Stormwater Protect No. SW8 020212
New Hanover County
Dear Linda,
I
APR 2 2 2002
This letter is in response to your request for additional information for the aforementioned
project. We Have addressed all the items cited and are resubmitting the application for your
approval. Swales have been added along t11e perimeter of the property to direct runoff from the
impervious areas o11 the 62 single family lot into the wet pond. All drainage pipes not located in
public right -of' -ways are in public drainage easements. The detail on sheet 9 has been corrected to
read 2.5 in diameter orifice. The drainage pipe entering the pond from the east has been rerouted to
enter from the west. A draft copy of the restrictive covenants is included with this letter. The
impervious area breakdown is shown on sheet one; the calculations and the application. The BUA
per lot limit is listed on page 3 of the application. Road and Cul-de-sac details are shown on the
plans. Dimensions for the buildings, sidewalks and parkin- lots are now shown on sheet one. 'rile
pond and forebay detail has been corrected. The forebay volume is now within the 18%-22% range.
We hope this information satisfies your concerns regarding this project. If you have any questions,
please call or email me at psrloddy cr stroudengineer.conl.
Thank You,
C. Patrick Snoddy, E.I.
Stroud Engineering, P.A.
cc: Kirk Andrews
File: FAIMS1COPn3I8/ pollewis.u,pd
107 COMMERCE ST. HESTRON PLAZA TWO
SUITE B 3961-A MARKET ST. 151-A HWY. 24
GREENVILLE, NC 27858 WILMINGTON, NC 28403 MOREHEAD CITY, NC 28557
[phone] [phone] [phone]

STROUD ENGINEERING, P.A.
3961-A Market Street
WILMINGTON, NC 28403 RF+'.CE
[phone] APR
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❑ For review and comment
❑ FOR BIDS DUE
REMARKS
❑ Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit copies for approval
❑ Submit copies for distribution
❑ Return corrected prints
❑ PRINTS RETURNED AFTER LOAN TO US
COPY TO
SIGNED:
If enclosures are not as noted, kindly notify us at once.

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INFORMATION PERTAINING TO DEED RESTRICTIONS
AND PROTECTIVE COVENANTS
In accordance with Title 15 NCAC 2H.1000, the Coastal Stormwater Management Regulations, deed restrictions
and protective covenants are required for certain developments where lots will be subdivided and sold. Deed
restrictions and protective covenants are necessary to ensure that the development maintains a "built -upon" surface
area consistent with the applicable regulation limiting built -upon area. The following deed restrictions and covenants
must be recorded prior to issuing the Stormwater Management Permit:
I. For All Projects:
/L The following covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number as issued by the Division of Water Quality under NCAC 2H.1000.
0 The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
v compliance with the stormwater management permit.
These covenants are to run with the land and be binding on all persons and parties claiming under them.
✓4. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent
�-� of the State of North Carolina, Division of Water Quality.
5./ Alteration of the drainage: as shown on the approved plan may not take place without the concurrence of
the Division of Water Quality.
II In addition to all 5 above, restrictions for Low Density Subdivisions
The maximum allowable built -upon area per lot is square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open wood
decking, or the water surface of swimming pools.
2 Filling in or piping of any vegetative conveyances (ditches, swales, etc) associated with the development
except for average driveway crossings, is strictly prohibited by any persons.
Each lot will maintain a 30' wide vegetated buffer between all impervious areas and surface waters.
4. All roof drains shall terminate at least 30' from the mean high water mark of surface waters.
III In addition to all of the above, these restrictions apply if a low density subdivision has curbs and gutters:
Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is
prohibited by any persons.
2. 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.
IV In addition to the above, this restriction applies if any lots liewithiri-CAMA's AEC:
"Lots within CAMA's Area of Environmental Concern may have the permitted maximum built -upon area
reduced due to CAMA jurisdiction within the AEC."
Page I of 2 V V 31_ .f=�

V For High Density Residential or Commercial Subdivisions:
(In addition to I-1 through 1-5)
The maximum allowable built -upon areaper lot is square feet. This allotted amount includes
any built -upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include
raised, open wood decking, or the water surface of swimming pools.
02.
All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through providing roofdrain gutters which drain to the street, gradingthe lot to drain toward
the street, or grading perimeter swales to collect lot runoff and directing them into the storm watersystem
or into the street. Lots that will naturally drain into the system are not required to provide these additional
measures.
VI For Shopping Centers with outparcels or future development:;,,
(In addition to 1-1 through 1-5) .
The maximum built -upon areaforoutparcel(s) andfuture areas -shown on the approved plans is
square feet. This allotted amount includes any built -upon area constructed within theproperly boundaries,
and that portion of the right-of-way between the lot lines and the edge of the pavement. Built upon area
includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking
areas, but does not include raised, open wood decking, or the water surface of swimming pools.
2. The runoff from all built -upon area on the outparcel or future area must be directed into the permitted
stormwater control system.
Built -upon area in excess of the permitted amount will require a permit modification.
4. The connection from the outparcel's collection system into the stormwater control shall be made such that
short-circuiting of the'systern-does not occur.
5. If the outparcel or future area is sold, thepurchaser must submit a separate stormwaterpermit application
prior to construction.
Page 2 of 2

I
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Mr, Kirk Andrews, Partner
Azalea Trace, LLC
317 Friday Drive
Wilmington, NC 28411
Deai Mr. Andrews:
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
Wilminaton Reaional Office
April 4, 2002
Subject: REQUEST FOR ADDITIONAL INFORMATION
Stormwater Project No. SW8 020212
Azalea Trace
New Hanover County
The Wilmington Regional Office received a Stormwater Management Permit Application for Azalea Trace
on February 11, 2002. A preliminary review of that information has determined that the application is not complete.
The following information is needed to continue the stormwater review:
Please show sufficient perimeter drainage features to demonstrate how all the runoff from the
impervious areas on the 62 single family lots will be directed into the wet pond.
2. Please locate those pipes that cut across or between lots in recorded drainage easements.
Is the orifice 2" (p or 2.5"y? The supplement says 2.5 while the plan detail says 2. Please correct and
submit revised documentation or plans.
4. One of the pipes enters the forebay immediately adjacent the berm, which essentially bypasses the
forebay. Please provide a 3:1 L:W flow path ratio in the pond by directing this runoff into the head
of the forebay to prevent short-circuiting and allow that runoff some settling time in the forebay.
Please provide a copy of the proposed deed restrictions to include all required conditions and
limitations as provided on the enclosed form.
Please show in the calculations and on the application how the 258,118 ft2 is split up between the
62 lots and the condo buildings. Please also list the BLUA per lot limit on page 3 of the application.
Please add road and cul-de-sac details to the plans.
8. Please add dimensions for the buildings, sidewalks, and parking lots.
9. The pond and forebay section detail indicates the bottom of the forebay is at elevation 29, which puts
it about 4' above the permanent pool. Please correct and revise the detail.
10. The forebay volume is slightly above the acceptable range of 18%-22%. Please provide a little less
volume in the forebay.
A"al=t R
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer service
800-623-7748

Mr. Andrews
April 4, 2002
Stormwater Project No. SW8 020212
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received by. this Office prior to May 4, 2002, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee.
If you need additional time to submit the information; please mail or fax your request for a time extension
to the Division at the address and fax number at the bottom of this letter. The request must indicate the date by
which you expect to submit the required information. The Division is allowed 90 clays from the receipt of a
completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that need
to be revised have been sent to the engineer or agent. All original documents must be returned or new originals must
be provided. Copies are not acceptable. If you have any questions concerning this matter.please feel free to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINF0120021020212.APR
cc: Linda Lewis
James Fentress, P.E.

STROUD'.ENGINEERING, P.A. M44��
3961-A Market Street FRE-C--T'V�'�D
WILMINGTON, NC 28403
[phone]
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❑ Copy of letter ❑ Change order ❑
DAFE JOB No.
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© For review and comment
© Approved as submitted
❑ Approved as noted
❑ Returned for corrections
❑ Resubmit
ID Submit
❑ Return
copies for approval
copies for distribution
corrected prints
❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS C04c[. w/ QVKST—r01zS_
COPY TO
SIGNED: �` c
If enclosures are not as noted, kindly notify us at once.

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i�i��um�uim�wu�
2003000119
FOR REGISTRATION REGISTER OF DEEDS
RE9ECCA T CHRISTIAN
NEW HANOVER COUNTY, NC
2003 JAN 02 12.43.09 PM
BK 3589 PG 334-346 FEE $47 00
1510M # M 119
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS
FOR AZALEA TRACE
THIS DECLARATION, made the9dday of December, 2002, by AZALEA 'TRACE, LLC,
a North Carolina limited liability company, hereinafter referred to as "Declarant" or Developer for
the purposes hereinafter stated
WHEREAS, Declarant is the owner of that certain real property in New Hanover County,
North Carolina, known as Azalea Trace, which is shown on a plat recorded in the Office of the
Register of Deeds of New Hanover County, North Carolina, in Map Book 11 Pagt�, to which
reference is made for a more partioilar description (the "Property"), and
NOW, THEREFORE, Declarant declares that the Property described above shall be held, sold
and conveyed subject to the following easanents, restrictiona, 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 Property or any part thereof their heirs,
successors and assigns, and shall inure to the benefit of each owner thereof
SECTION 1 Additional ProM= shall mean and refer to any lands which are now owned or
may be hereafter acquired or developed by Declarant, in addition to the above described Propety,
and annexed to and grade a part of the Development (as hereinafter defined) pursuant to Article VII
hereof
SECTION 2 A,yqoSiation shall mean and refer to Azalea Trace Homeowners' Association,
Inc, a North Carolina nonprofit corporation, its successors and assigns, the owners association
organized for the purposes set forth in Article III hereof
SECTION 3. ©g,seamnentg shall mean the Annual, Special, Insurance, Ad Valorem and
Working Capital Assesarnenrts defined in Article IV hereof
SECTION 4. Qgmm,on Am(g) shall mean and refer to all real property within the
Development owned by the Developer or the Association for the common use and erIjoyment of the
Owners, including any facilities located on such real property
SECTION 5 Deolarant shall be used interchangeably with DcvclonW (which designations
shall include singular, plural, masculine and neuter as required by the context) and shall mean and
refer to AZALEA TRACE, LLC, its successors and assigns, if such successors or assigns should
acquire undeveloped property from the Declarant for the purpose of development.
SECTION b. Declaration shall mean this instrument as it maybe from time to time amended
or supplemented.
RMRKED TO RLLEV MAC,00 Lin
4, v &40es, pf.Le.

SECTION 7 Develoginen shall mean the Property plus any Additional Property
SECTION 8 1,imited Common ) shall mean areas and facilities within any Lot which
are for the exclusive use of the Lot Owner but which the Association is obligated to maintain
pursuant to the terms ofthis Declaration There shall be no Limited Common Area on any Lot unless
the same is specifically shown on the Subdivision Map for Azalea Trace.
SECTION 9. C t s) shall mean and refer to any numbered lot within the Development
SFCTION 10 Own er shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation
SECTION I Prone shall moan the Property as defined in the preamble to this
Declaration.
SECTION 12. b r s) shall mean and refer to every person or entity who has a
Membership in the Association
SECTION 13. 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
ARTICLE II.
EASEMENTS
SECTION I Owners' Easement of EWgMent. Every Owner shall have and is hereby
granted a right and easement of enjoyment in and to the Common Area, if any, which shall be
appurtenant to and shall pass with the title to every Lot,'subject to the provisions of Article III
hereof
SECTION 2, Easements in Favor of 12ret. The following easements are reserved to
Declarant, Declarant's successors and assigns.
(a) easements as necessary in the lands constituting the Development for the installation
and maintenance of utilities and drainage facilities; including, specifically, the right to grant a 10
foot wide easement over and adjacent to the front property line of each and every Lot and including
the right of Declarant to go upon the ground with men and equipment to erect, maintain, inspect,
repair and use electric and telephone lines, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment, gas, sewer, water
or other public conveniences or utilities on, in or over each Lot and such other areas as are shown
on the plat of the Property or any Additional Property recorded or to be recorded in the office of the
Register of Deeds of New Hanover County, the right to cut drain ways for surface water whenever
such action may appear to the Developer to be necessary in order to maintain reasonable standards
of health, safety and appearance, the right to cut any trees, bushes or shrubbery; the right to make
any grading of the soil, or to take any other similar action reasonably necessary to provide
economical and safe utility installation and to maintain reasonable standards of health, safety and
appearance; the right to locate wells, pumping stations, and tanks within residential areas, or upon
any Lot with the permission of the owner of such Lot; and the right to subject the Property and any
Additional Property to a contract with Carolina Power and Light Company for the installation of
street lighting, which contract requires a continuing monthly payment to Carolina Power and Light
Company by each resident customer for street lighting service (such rights may be exercised by any
licensee of the Declarant, but this reservation shall not be considered an obligation of the Declarant
to provide or maintain any such utility or service)
(b) easements over all private streets, if any, access easements, and Common Areas
within the Development as necessary to provide access, ingress and egress, to any Additional
Property

(c) an easement of unobstructed access over, on, upon, through and across each Lot and
the Limited Common Area located thereon, if any, at all, reasonable times to perform any
maintenance and repair to the Limited Common Areas required by this Declaration This easement
shall also run in favor of the Association and the Association's agents, employees, successors and
assigns.
SECTION 3 Other Easements The following easements are granted by Declarant to others
(a) an easement is hereby granted to all police, fire protection, ambulance and all similar
persons, companies or agencies performing emergency services, to enter upon all Lots and Common
Area in the performance of their duties
(b) in case of any emergency originating in or threatening any Lot or Common Areas,
regardless of whether any Lot Owner is present at the time of such emergency, the Association or
any other person authorized by it, shall have the right to enter any Lot for the purpose of remedying
or abating the causes of such emergency and making any other necessary repairs not performed by
the Lot Owners, and such right of entry shall be immediate
(c) the Association is granted an easement over each Lot for the purposes of exercising
its rights under Article VI, Section 5, of this Declaration
SECTION 4. Nature of Easements All easements and rights described herein are perpetual
easements appurtenant, running with the land, and shall inure to the benefit of and be binding on the
undersigned, its successors and assigns, and any Owner, purchaser, mortgagee and other person
having am interest in the Property or any Additional Property, or any part or portion thereof,
regardless of whether or not reference is made in the respective deeds of conveyance, or in any
mortgage or trust deed or other evidence of obligation, to the easements and nghts described in this
Declaration,
ARTICLE III
110MEO,WNERS_ASb OCI�N
SECTION 1, Fonn4tion of A6sociation Azalea Trace Homeowners' Association, Inc. is a
nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State of North
Carolina for the purpose of establishing an association for the Owners of Lots to operate and
maintain the Common Areas and to provide any other services provided in this Declaration or agreed
to by a majority of the Members.
SECTION 2 M b�. Every Lot Owner shall be a Member of the Association
Membership shall be appurtenant to and may not be separated from Lot ownership.
SECTION 3. Voting Rigs. Each Member shall be entitled to one vote in the affairs of the
Association for each Lot owned. When more than one person holds an interest in any Lot, all such
persons shall be Members The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
SECTION 4 PowM,PjaUleges Rights alld Obligations. In addition to the rights and powers
granted to the Association in its charter and to the rights and powers with regard to assessments set
forth in Article IV of this Declaration, the Association shall have and possess and shall perform and
exercise the following powers, privileges, rights and duties, subject, however, to the nghts of the
Declarant contained in Article V hereof
(a) The Association shall beentitledtomake and amendreasonable rules and regulations
governing use of the Common Areas by the Owners;
(b) The Association shall be responsible for the operation, upkeep, maintenance,
protection, preservation, repairs, reconstruction and/or replacement of (i) the Common Areas and
improvements and additions thereto, and (h) the Limited Common Areas, if any; provided, however,

that in the event that any of the above activities are necessitated by the willful actor active or passive
negligence of any Owner, his family, guests, invitees or tenants, or is caused by fire, wind, ram,
blowing water, lightening, smoke or other hazard or casualty, and the cost of such maintenance,
repair or other activity is not fully covered by insurance, then, at the sole discretion of the Board of
Directors of the Association, the cost of the same shall be the personal obligation of the Owner and
if not paid to the Association upon demand, may be added to the annual assessment levied against
said Owner's Lot,
(c) The Association may engage in such other activities as authorized by a majority of the
Members
(d) The Association may suspend the voting rights and privileges of an Owner for any
period during which any Assessments against the Owner's lot remain unpaid and for a period not
to exceed 50 days for an infraction of the published rules and regulations of the Association;
(e) The Association may mortgage or convoy the Common Areas, or dedicate or transfer all
or part of the Common Areas, to any public agency, authority or utility for such purposes and subj ect
to such conditions as may be agreed to by at least two thirds of the Members-
(1) The Board of Directors on behalf of the Association, as a common expense, may at all
times keep the Common Areas and other property of the Association, if any, insured against loss or
damage by fire or other hazards and Other such risks, including, but not limited to directors' liability
and public liability insurance, upon such terms and for such amounts as may be reasonably necessary
from time to time to protect such property, which insurance shall be payable in case of loss to the
Association for all Members. The Association shall have the sole authority to deal with the insurer
in the settlement of claims. Such insurance shall be obtained without prejudice to the right of each
Member to insure his personal property for his own benefit at his own expense. In no event shall the
insurance coverage obtained by the Association be brought into contribution with insurance
purchased by Members or their mortgagees
ARTICLE IV
COVENANTS FOR ASSESSMENTS
SECTION 1. Creation of the Lien and Personal Obligation of 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 the following assessments (collectively the
"Assessments").
A. Annual Assessments,
B. Special Assessments for Capital Improvements.
C. Insurance Assessments;
D. Ad Valorem Tax Assessments, and
E. Working Capital Assessments,
The Assessments, together with interest, costs and reasonable attorney's fees, shall be a
charge on the land and shall be a continuing lien upon the respective Lot against which the Assess-
ments are made Each such Assessment, together with interest, costs and reasonable attomey's fees,
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, rlaQsc of AlWtial Asaessm-entsThe Annual Assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety and welfare of the
Owners and residents of the Property and Additional Property and for the improvemont and

maintenance of the Common Areas and any Limited Common Areas The funds arising from said
assessments or charges, may be used for any or all of the following purposes- operations,
maintenance and improvement of the Common Areas, and any Limited Common Areas, including
payment of utilities, enforcing this Declaration, paying taxes, insurance premiums, legal and
accounting fees and governmental charges, establishing working capital, and in addition, doing any
other things necessary or desirable in the opinion of Association to keep the Common Areas and
Limited Common Areas in good operating order and repair
SECTION 3 Annual Assessments Annual Assessments shall be in an amount to be fixed
from year to year by the Board of Directors 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 at least 30 days in advance of the
Annual Assessment period, 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 of Directors and the Board of Directors shall have the authority to require
the assessments to be paid in pro rata periodic installments, as the Board may in its discretion
determine The Association shall, upon demand, and for a reasonable charge furnish a certificate
signed by an officer of the Association setting forth whetherthe 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 ten percent
(10%) above the Annual Assessment for the previous year without a vote of the Members, except
as herein provided
B From and after January 1 of the year immediately following the conveyance of the
first Lot to an Owner, the Annual Assessment maybe increased above ten percent (10%) by a vote
of a majority of the Members who are voting in person or by proxy at a meeting duly called for tlus
purpose
C The Board of Directors may increase the amount of the Annual Assessment to
$150.00 per Lot notwithstanding the provisions of subparagraphs A and B above, and thereafter the
limitations set forth in said subparagraphs shall apply to any annual increase.
SECTION 4 Special Assessments & Capital ]1Liprovemgnts. In addition to the Annual
Assessments authorized above, the Association may levy, in any assessment year, a Special
Assessment applicable to the year only 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
Areas and any Limited Common Areas, including fixtures and personal property related thereto,
provided that any such assessment shall have the assent of majors ty of the Members who are voting
in person or by proxy at a meeting duly called for this purpose.
SECTION 5 Insurance Assessment All premiums on insurance policies purchased by the
Board of Directors or its designee pursuant to Article III and any deductibles payable by the
Association upon loss shall be a common expense, and the Association may in any assessment year
levy against the Owners equally an "Insurance Assessment", in addition to the Annual Assessments
providad for under Section 3 above, which shall be in an amount sufficient to pay the annual cost
of all such deductibles and insurance prenuums not included as a component of the Annual
Assessment, Such assessment shall not be subject to the 10% limitation set out in Section 3. A. and
B. of this Article IV
SECTION 6. Ad Valorem Tax Assessments. All ad valarem taxes levied against the
Common Areas, if any, shall be a common expense, and the Association may in any assessment year
levy against the Owners equally an "Ad Valorem Tax Assessment", in addition to the Annual
Assessments provided for under Section 3 above, which shall be in an amount sufficient to pay such
ad valorem taxes in such year not included as a component of the Annual Assessment Such

assessment shall not be subject to the 10% limitation set out in Section 3 A. and B. of this Article
IV.
SECTION 7 Wor�ki ig Capital Assessments At the time title to a Lot is conveyed to an
Owner by Declarant, the Owner shall pay to the Association as working capital an amount equal to
two months' assessments Such funds shall be used solely for initial operating and capital expenses
of the Association such as prepaid insurance, supplies, and furnishings, fixtures and equipment for
the Common Areas, etc 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 after
the last Lot has been sold by Declarant shall be transferred to and become part of the general funds
of the Association, in the discretion of the Board of Directors.
SECTION 8. Noticgand Quorum For Any_ActLon Authorized under Scctiozis 3 and_4.
Written notice of any meeting called for the purpose of taking any action 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 Members or of proxies
entitled to cast fifty percent (50%) of all votes of each class of Membership shall constitute a
quorum The required quorum at the subsequent meeting shall be one-half (1/2) of the required
quorum at the preceding meeting, No such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
SECTION 9 Unifonn gate of As ssmimt. The Assessments must be fixed at a uniform rate
for all Lots and may be collected on a monthly basis
SECTION 10. CoM1pencemWof ss ssMMts Assessments for each Lot shall commence
upon the date of acceptance by an Owner of a deed from Declarant.
SECTION I l Effect ofNonpav_rnentofAssessmentsarid RemcdieuftheAssociation.Any
Assessment or installment thereof not paid within thirty (30) days after the due date shall bear
interest from the due date at the highest rate allowable 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
Owner's Lot in the same manner as a deed of trust under power of sale as allowed under North
Carolina Law. No Owner may waive or otherwise escape liability for the Assessments provided for
herein by non-use of the Common Area or abandonment ofhis 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 12 Subordination Of The Lign To Mortgage The lien of the Assessments
provided for herein shall be subordinate to the lien of any first mortgage 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 pnor 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 V
RIGHTS OF DEVLOPERLDEVELQUR„QONTROL
The Declarant shall have and there is hereby reserved to the Declarant, the following rights,
powers and privileges which shall be in addition to any other rights, powers and privileges reserved
to the Declarant herein;
SECTION 1 Thq &sQciQJion/Pe0Qd of DegImt-ion Cmtrol All the powers and duties of
the Board of Directors of the Association may be exercised by the Declarant, and the Developer shall
appoint al! members of the Board of Directors, until such time as ninety percent (90%) of the Lots
within the Development have been sold or conveyed by; the Declarant to purchasers (the "Developer
Control Period") Management and control can be voluntarily transferred by Declarant to the Owners
at any time

SECTION 2. The Architectural Control C4mmilt All duties and responsibilities conferred
upon the Architectural Control Committee by this Declaration or the By-laws of the Association
shall be exercised and performed by the Declarant or its designee, so long as Declarant shall own
any Lot within the Property or any Additional Property. Thereafter, the Architectural Committee
shall be as designated in Article VI, Section 1
SECTION 3. Plan of Develol2 mcu The right to change, alter or redesignate the allocated
planned, platted, or recorded use or designation of any of the lands constituting the Development (so
long as the Declarant retains title to said lands) including, but not limited to, the right to change, alter
or redesignate road, utility and drainage facilities and easements and to change, alter or redesignate
such other present and proposed amenities or facilities as may in the sole judgment and discretion
of Declarant be necessary or desirable. The Declarant hereby expressly reserves unto itself, its
successors and assigns, the right to re -plat any one (1) or more Lots shown on the plat of any
subdivision of the Property or Additional Property in order to create one or more modified Lots, to
further subdivide tracts shown on any such subdivision plat into two or more Lots; to recombine one
or more tracts or Lots or a tract and Lots to create a larger tract; to eliminate from this Declaration
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 or
tracts suitable and fit as a building site or access area or roadway
SECTION 4. Amendment of Declaration by the P_zlarant. This Declaration may be amended
by the Declarant, or the Board of the Association, as the case may be, as follows
A In any respect, prior to the sale of the first Lot
B To the extent this Declaration applies to Additional Property
C To correct any obvious error or inconsistency in drafting, typing or reproduction
D. To qualify the Association or the Property and Additional Property, or any portion
thereof, for tax exempt status.
E. To include any platting change as permitted herein
F To conform this Declaration to the requirements of any law or governmental agency
having legal jurisdiction over the Property or any Additional Property or to qualify the Property or
any Additional Property or any Lots and improvements thereon for mortgage or improvement loans
made, insured or guaranteed by a governmental agency or to comply with the requirements of law
or regulations of any corporation or agency belonging to, sponsored by, or under the substantial
control of the United States Government or the State of North Carolina, regarding purchase or sale
of such Lots and improvements, or mortgage interests therein, as well as any other law or regulation
relating to the control of property, including, without limitation, ecological controls, construction
standards, aesthetics, and matters affecting the public health, safety and general welfare A letter
from an official of any such corporation or agency, including, without limitation, the Veterans
Administration, U. S Department of Housing and Urban Development, the Federal Home Loan
Mortgage Corporation, Government National Mortgage Corporation, or the Federal National
Mortgage Association, requesting or suggesting an amendment necessary to comply with the
requirements of such corporation or agency shall be sufficient evidence of the approval of such
corporation or agency, provided that the changes made substantially conform to such request or
suggestion Notwithstanding anything else herein to the contrary, only the Declarant, during the
Developer Control Period, shall be entitled to amend this Declaration pursuant to this Section 4, F
ARTICLE VI
U E RESTRICTIONS AND ARCHITECTUML CONTROI
SECTION 1 Building and Site IMproyment No dwelling, wall or other structure, including
fences, shall be commenced, erected, 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 to and approved in writing as to harmony of external
design and location in relation to surrounding structures and topography by the Declarant, or its
designee, or, after the sale of all Lots by Declarant, by the Board of Directors of the Association, or
by an Architectural Control Committee composed of three (3) or more representatives appointed by
the Board In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural
Control Committee, fails to approve or disapprove such design and location within thirty (30) days
after said plans and specifications have been submitted to it, approval will not be required and this
Article will be deemed to have been fully complied with. Refusal or approval of any such plans,
location or specification may be based upon any ground, including purely aesthetic and
environmental considerations, that in the sole and uncontrolled discretion of the Declarant, the
Board, or Architectural Control Committee shall be deemed sufficient One copy of all plans and
related data shall be furnished to the Declarant, the Board, or Architectural Control Committee, as
the case may be, for its records Neither the Declarant, the Board, 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 2. Approval of Plans No house plans will be approved unless the proposed
house shall have a minimum of 1000 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
B Since the establishment of inflexible building setback lines for location 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 Declarant, the Board, or the Architectural Control Committee, as the case may be.
C. 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 calamities.
D No structure shall be erected, altered, placed or permitted to remain on any Lot, except
one single family dwelling not to exceed two and one-half stones in height. No garage apartments
are allowed
E All service utilities, fuel tanks, and wood piles are to be enclosed within a wall or
plant screen of a type and size approved by the Declarant, the Board or the Architectural Control
Committee, so as to preclude the same from causing an unsightly view from any highway, street or
way within the subdivision, or from any other residence within the subdivision. All mail and
newspaperboxes shall be uniform in design. Design for mail and newspaperboxes shall be furnished
by Declarant Fences shall be permitted on any Lot, provided, however, that the design and materials
of any fence are approved by the Declarant, the Board, or the Architectural Control Committee, as
the case may be, and provided further, that no fence shall be over six feet in height or forward of a
point located fi fteen feet to the rear of the front elevation of the dwelling on the Lot. Clothes lines
are not permitted on any Lot.
F Of f 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 dnvcways thereto shall be constructed of concrete, bnck, asphalt, or turf stone, or any other
material approved by Declarant, the Board or Architectural Control Committee
SECTION 3. Land Use and Butldine Tvne. No Lot shall be used for any purpose except for
residential purposes All numbered Lots are restricted for construction of single family dwellings

only Different and amended land use restrictions and architectural control guidelines may be
established for Additional Property added to the Development by Declarant, provided, however, that
no Lot may be used for other than single family dwellings except pursuant to approval of the
Members in accordance with this Declaration.
SECTION 4 Nuisances No noxious or offensive activity shall be tamed on upon any Lot,
nor shall anything be done thereon which may be or may become an annoyance or nuisance to the
neighborhood There shall not be maintained any plants or animals, nor device or thing of 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.
SECTIONS Lot MiUntMance. Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects In the event the Owner fails to do so, then,
after thirty days notice from the Architectural Control Committee, the Association or its designee
may enter upon the Lot and remove the same at the expense of the Owner, and such entry shall not
be deemed a trespass, and in such event a lien shall arse and be created in favor of the Association
for the full amount of the cost thereof chargeable to such Lot, 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 6. es No structure of a temporary character, trader,
basement, tent, mhack, garage, bam 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 its
designee, provided, however, that this shall not prevent the Declarant, its designees or assigns from
maintaining a construction trailer or office on any part of the Development until the construction of
dwellings on all Lots is completed
SECTION 7 Vehicles/Boats. No boat, motorboat, camper, trailer, motor or mobile homes,
tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on any street at any
time, without the written consent of the Association or its designee No inoperable vehicle or vehicle
without current registration and insurance, will be permitted on any Lot, street or Common Area
The Association shall have the right to have all such vehicles towed away at the owner's expense.
No repairs to any vehicle may be made on streets or in driveways but only in garages or other areas
and not visible from the street.
SECTION 8. 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 times kept properly leashed or under the rule
of their owner and do not become a nuisance to the neighborhood
SECTION 9. Sta i ari y Television Satellite Dito and Antennas No yard statuary or TV
satellite signal receiving dishes are 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 by the Board of Directors of the Association or its Architectural Control Committee
SECTION 10. Exterior Lights All light bulbs or other lights installed in any fixture located
on the exterior of any building or any Lot for the purpose ofillumination shall be clear, white or non -
frost lights or bulbs
SECTION 11 Landseanin . Prior to initial occupancy of the residence constructed on each
Lot, the fmnt yard area of such Lot must be sodded; provided, however, that any areas to be used
as planting beds for trees and shrubs need not be sodded so long as such beds are planted prior to
initial occupancy of the Lot The Declarant, the Board or the Architectural Control Committee, as
the case may be, may on account of adverse weather conditions or for other good cause shown

permit such landscaping to be done within a period of six months after initial occupancy of the
residence.
SECTION 12 Si". No signs shall be permitted on any Lot or in the Common Areas
without permission of the Board of Directors, except that a sign conforming to any applicable
governmental sign ordinance nay be displayed by the owner of any Lot for the purpose of advertising
that said Lot is for sale, provided the sign shall not be larger than 2X3 feet
SECTION 13 Alteration . No person shall undertake, cause, or allow any alteration or
construction in or upon any portion of the Common Areas except the direction or with the express
written consent of the Association.
SECTION 15. Subdividine Subject to the provisions of Article V hereof, no Lot shall be
subdivided, or its boundary lines changed except with the prior written consent of the Declarant
during the period of Declarant control of the Association and thereafter by the Board of Directors
of the Association
ARTICLE VII.
ANNEXATION OF ADDITIONAL PROPERTY
SECTION 1 Declarant may annex to and make a part of the Development any other real
property which Declarant now owns or which Declarant may hereafter acquire or develop (the
"Additional Property"), as follows
A Except as provided in subparagraph B, below, annexation of Additional Property to
the Development shall require the assent of a majority of the Members who are voting m person or
by proxy at a meeting called for this purpose, written notice of which shall be sent to all Members
not less than 30 days nor more than 60 days in advance of the meeting
B Additional Property may be annexed to the Development without the assent of the
Members so long as the Additional Property can be used only for residential purposes and related
facilities usually appurtenant to residential developments, recreational facilities and Common Areas.
SECTION 2. Annexation of Additional Property shall occur upon the recording, in the
Office of the Register of Deeds for the county where the Additional Property is located, of (i) a
subdivision plat for the Additional Property and (ii) a supplemental declaration stating that the
Additional Property is made a part of the Development and is subject to this Declaration Upon
recording of such plat and supplemental declaration, the Additional Property shall become fully
subject to the terms of this Declaration, except to the extent that pursuant to Article V, Section 4
hereof, the Declarant amends the applicability of this Declaration to the Additional Property
SECTION 3 Nothing herein shall prevent Declarant from using the name "Azalea Trace"
in conjunction with the development of other real property which is not made part of the
Development and subject to this Declaration.
ARTICLE VilI.
GENERAL PROVISIONS
SECTION I . Enforcement. 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 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 Enforcement of Storm Water SuagiMegulations. No more than 2,800 square
feet of any Lot shall be covered by structures and/or paved surfaces, including walkways or patios
of brick, stone, slate or similar materials (the "Built Upon Area"). All Lots shall be graded so that
two thirds of the Lot area drains to the abutting street(s) The covenants contained in this section are
10

intended to insure continued compliance with storm water runoff rules adopted by the State of North
Carolina and, therefore, may be enforced by the State of North Carolina. Any Owner may in
accordance with applicable governmental regulations borrow from another Owner any Built Upon
Area which is not being utilized by the other Owner. Such transaction need not be approved by any
Owners, other than those involved in the transaction, by the Declarant or by the Association.
A. Swales shall not be filled in, piped, or altered except as necessary to provide driveway
crossings
B Built -upon area in excess of the permitted amount requires state stoririwatermanagement
permit modification prior to construction
C. All permitted runoff from out parcels or future development shall be directed into the
permitted stormwater control system These connections to the stormwater control system shall
perform In a manner that maintains the integrity and performance of the system as permitted.
SECTION 3 Seygrphility, 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 Sijb t 1 ti All present end future Owners, tenants and
occupants of Lots and their guests or Invitees, shall be subject to, and shall comply with the
provisions of the Declaration, and as the Declaration may be amended from time to time. 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 the Declaration are accepted and ratified
by such Owner, tenant or occupant. The covenants and restrictions of this Declaration shall inure to
the benefit of and be enforceable by the Association, or the Owner of any Lot, their respective legal
representatives, heirs, successors and assigns, and shall run with and bind the land and shall bind any
person having at any time 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 twenty (20) years from the date this
Declaration is recorded, after which time they shall be automatically extended for successive periods
of ten (10) years.
SECTION S Ameuda=t-of D-eclaratiQn. Except as provided elsewhere herein, the
covenants and restrictions of this Declaration maybe amended only by an instrtiment duly recorded
in the Office of the Register of Deeds of the county where the Development is located, executed by
the duly authorized officers of the Association upon the vote of not less than a majority of the Lot
Owners, provided that no amendment shall alter any obligation to pay ad valorem taxes or
assessments for public improvements, as herein provided, or affect any lien for the payment thereof
established herein. In no event may the Declaration be amended so as to deprive the Declarant ofany
rights herein granted or reserved unto Declarant
IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be executed
in their corporate name and the corporate seal affixed by its duly authorized officers this thc,3loSay
of December, 2002
AZALEA TRACE, LLC
BY. (SEAL)
W KeithAndrews, Manager
11

STATE OF NORTH AROLINA
COUNTY OF NtVJ
I, i Y YI C V !CA r10Y , a Notary Public in and for said ou and State, do
hereby certify that W. W"S _ _ personally came before me this day and
acknowledged that he is a manager of Azalea Trace, LLC, a limited liability company which is a the
limited liability company described in and which executed the foregoing instrument, that he
executed said instrument in the limited liability company name by subscribing his name thereto
WITNESS my hand and notarial seal, this the? day of December, 2002
Notary Public
fSZ
12

r4
REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
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Filed For Registration: 01102/200312:43*09 PM
Book: RE 3589 Page: 334-346
Document No. 2003000119
DECL 13 PGS $47 00
Recorder: MARVIS ANN STORER
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State of North Carolina, County of New Hanover
The foregoing certificate of MARIE V RAYNOR Notary is certified to be correct. This 2 ND of January 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:
Deputy/AseWMt Register of Deeds
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YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003000119*
2003000119

2004041202
FOR RF,EK R,T"'N REGISTER OF DEEDS
NESJ 1MiCNOVER CDINfrVt NC
2004 U 02 41
01:16:16 A
YAM PG:50.52 FEET7.00
ME 12MRIM
STATE OF, NORTH CAROLINA
COUNTY OF NEW HANOVER
SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR AZALEA TRACE
THIS DECLARATION, made and entered into this 301�- day of July, 2004, by AZALEA
TRACE, LLC, a North Carolina limited liability company and FOOTINGS OF WILMINGTON, INC.,
hereinafter collectively referred to as "Declarant" or "Developer";
WHEREAS, Declarant has subjected Phase One, Azalea Trace, as the same is shown on a map
thereof recorded in Map Book 43, Page 178, in the office of the Register of Deeds of New Hanover
County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book
3589, Page 334 of the New Hanover County Registry (the "Declaration'; and
WHEREAS, Declarant has added Phase Two Azalea Trace, Phase Two being shown on a trap
thereof recorded in Map Book 44, Page 188, in the office of the Register of Deeds of New Hanover
County; and
WHEREAS, Declarant desires for Phase Two Azalea Trace to be subject to the Declaration; and
WHEREAS, Azalea Trace, LLC, has previously sold some of the lots in Phase Two to Footings
Of Wilmington, Inc., and has requested Footings Of Wilmington to join in the execution of this
Declaration for purposes of confirming that said in lots in Phase Two are subjected to this Declaration.
NOW, THEREFORE, Declarant hereby declares that all of the property within Phase Two, as
described above, shall be held, sold and conveyed subject to the Declaration, which Declaration shall tun
with the land and be binding on all parties having any right, title or interest in the described property or
any part thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof.
IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration to be
executed in its corporate name by its duly authorized officer this 30' day of July, 2004•
FIETUF14 TO
ALLEK MAODOWD a WO
I'SO4 m uJ'rpAy CUM" RM0
surm M
WILMWOTOK NO 2UM
FOOTINGS OF TO ,
BY:
President

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, G "" , L. W2-t.1�41 a Notary Public in and for said County and State, do hereby
certify that gi mo, 1410, personally came before me this day and acknowledged that he is
a manager of Azalea Trace, LLC, a limited liability company which is a the limited liability company
described in and which executed the foregoing instrument; that he executed said instrument in the limited
liability company name by subscribing his name thereto
WiTNESS my hand and notarial seal, this a 3dN day ofJ y, 2004. I'�\\1�pt�y It,lrr �-1/i.
My Commission Expires: D'441 1.�c NOTA�QiQ�
otary Public
STATE OF NORTH CAROLINA
y t VBLIG
COUNTY OF NEW HANOVER Y£FI Co
rrrrr+lr Illttt��\
I �haybv,,. L•IJet+deil .Notary�ublic,
certify that Wit '`"' Personally came before me this day and acknowledged that he/she
President of Footings Of Wilmington, Inc., a corporation, and that he/she as President being authorized to
do so, executed the foregoing on behalf of the corporation.
Witness my hand and official seal, this th day a July 2004.
otary Public
��\\\tit4i4! I I I J!1lll�i
My Commission Expires: IV �%
Nor�A o;
A

"<A0 RTW
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 08102/2004 01:16:16 PM
Book: RE 4435 Page: 50-52
Document No.: 2004041202
DECL 3 PGS $17.00
Recorder: MARVIS ANN STORER
State of North Carolina, County of New Hanover
The foregoing certificate of SHARON L WADDELL Notary Is certified to be correct. This 2 ND of August 2004
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deputy/Aseh tart Register of Deeds
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004041202*
2004041202

I004041203@AW61�91'
FUR RREafCCArT RfGISrfR DF b'EEbS
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INSW t 2NIM
STATE OF NORTH CAROLINA
COUNTY OF NEW 14ANOVER
SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR AZALEA TRACE
THIS DECLARATION, made and entered into this Y day of July, 2004, by AZALEA
TRACE, LLC, a North Carolina limited liability company and FOOTINGS OF WILMINGTON, INC.,
hereinafter collectively referred to as "Declarant" or "Developer";
WITNESSETH:
WHEREAS, Declarant has subjected Phase One, Azalea Trace, as the same is shown on map
thereof recorded in Map Book 43, Page 178, and Phase Two, Azalea Trace as the same is shown on a map
thereof recorded in Map Book 44 at Page 188, in the office of the Register of Deeds of New Hanover
County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book
3589, Page 334 of the New Hanover County Rebristry (the "Declaration"); and
WHEREAS, Declarant has added Phase Three Azalea Trace, Phase Three being shown on a map
thereof recorded in Map Book 45, Page 362, in the office of the Register of Deeds of New Hanover
County; and
WHEREAS, Declarant desires for Phase Three Azalea Trace to he subject to the Declaration; and
WHEREAS, Azalea Trace, LLC, has previously sold some of the lots in Phase Three to Footings
Of Wilmington, Me,, and has requested Footings Of Wilmington to join in the execution of this
Declaration for purposes of confirming that said in lots in Phase Three are subjected to this Declaration.
NOW, THEREFORE, Declarant hereby declares that all of the property within Phase Three, as
described above, shall be held, sold and conveyed subject to the Declaration, which Declaration shall run
with the land and be binding on all parties having any right, title or interest in the described property or
any pan thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof.
IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration to be
executed in its corporate name by its duly authorized officer this 30t° day of July, 2004.
INIftNM TO
ALLEK wa0014" t 0"
I= M LrTARY CUrOFF FOAD
MATE ICE
WLMNIMM No !Floe
/�'i� R gn
FOOTINGS OF GTON— IN
BY:
vice President

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, Sl,.ro rx L. Wad-Ae 11 a Notary Public in and for said County and State, do hereby
certify that Id+ mom Kn+h Anflrewc personally came before me this day and acknowledged that he is
a manager of Azalea Trace, LLC, a limited liability company which is a the limited liability company
described in and which executed the foregoing instrument; that he executed said instrument in the limited
liability company name by subscribing his name thereto
WITNESS my hand and notarial seal, this the !!t day of J y, 2G(A. ���``O ILttlwl������ii
�DTA
My Coarmisaion Expirea:04•;R-20W Public z c
STATE OF NORTH CAROLINA AD800 s, '
COUNI'Y OF NEW HANOVER
I 5} won L, l~la-tdG11 _ , Notary Public,
��ti that W41 rrw% k fc 4i- "rAv C. Personal ly came before me this da d knowledged that he/she
'P'PMent of Footings Of Wihnington, Inc., a corporation, and that he/she dent being authorized to
do so, executed the foregoing on behalf of the corporation.
Witness my hand and official seal, this th !`•day of uly� 2064.
l r
otary Public NtZur1r��7'Xi
My Commission Expires: �' b �`IV V/1,,
�x
pOT,�91

I
t
14
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 08/02/2004 01:10.16 PM
Book: RE 4435 Page: 53-55
Document No.: 2004041203
DECL 3 PGS $17.00
Recorder: MARVIS ANN STORER
State of North Carolina, County of New Hanover
The foregoing certificate of SHARON L WADDELL Notary Is certified to be correct. This 2 ND of August 2004
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By: WY V I
Deputy/A61vtmt Register of Deeds
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004041203*
2004041203

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
REGIST£8 VaDS
GDR REGtS��Q��oibc1SYrRK
oak
4Zb-419
1,6w t '
SUPPLEMENTAL DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR AZALEA TRACE
THIS DECLARATION, trade and entered into this /e day of December, 2004, by AZALEA
TRACE, LLC, a North Carolina limited liability company and FOOTINGS OF WIL.MINGTON, INC.,
hereinafter collectively referred to as "Declarant" or "Developer";
WHEREAS, Declarant has subjected Phase One, Azalea Trace, as the same is shown on map
thereof recorded in Map Book 43, Page 178; Phase Two, Azalea Trace as the same is shown on a trap
thereof recorded in Map Book 44 at Page 188; and Phase Three Azalea Trace as the same is shown on a
map thereof recorded in Map Book 45, Page 362, in the office of the Register of Deeds of New Hanover
County, North Carolina, to a Declaration of Covenants, Conditions and Restrictions recorded in Book
3589, Page 334 of the New Hanover County Registry (the "Declaration'l; and
WHEREAS, Declarant has added Phase Four as shown on a map recorded in Map Book 46 at
Page 165, in the office of the Register of Deeds of New Hanover County; and
WHEREAS, Declarant desires for Phase Four Azalea Trace to be subject to the Declaration; and
WHEREAS, Azalea Trace, LLC, has previously sold some of the lots in Phase Four to Footings
Of Wilmington, inc., and has requested Footings Of Wilmington to join in the execution of this
Declaration for purposes of confirming that said in lots in Phase Four are subjected to this Declaration.
NOW, THEREFORE, Declarant hereby declares that all of the property within Phase Four, as
described above, shall be held, sold and conveyed subject to the Declaration, which Declaration shall run
with the land and be binding on all parties having any right, title or interest in the described property or
any part thereof, their heirs, successors or assigns, and shall inure to the benefit of each owner thereof.
IN WITNESS WHEREOF, the Declarant has caused this Supplemental Declaration to be
executed in its corporate name by its duly authorized officer this 30i° day of December, 2004.
RETURN TO
ALLEN, MACDONALD & DAVIS
1508 MILITARY CUTOFF ROAD
SUITE 102
WILMINGTON, NC 28463
r
FOOTINGS OF INGTON, INC.,
B �
President

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Lynn R. bard a Notary Public in and for said County and State, do hereby
certify that a revs personally came before me this day and acknowledged that he is
a manager of Azalea Trace, LLC, a limited liability company which is a the limited liability company
described in and which executed the foregoing instrument; that he executed said instrument in the limited
liability company name by subscribing his name thereto
WITNESS my hand and notarial seaL-tW jhe �d-&Xof Decetger, 2004. ��,"�.r'~•��0.
otary Public Nye
STATE OF NORTH CAROL s>e 5-18-08
COUNTY OF NEW HANOVER
1 Lynn R._Ward _ . Notary Public,
certify that Harlan Kirk Andreva Personally came before me this day and acknowledged that he/she
President of Footings Of Wilmington, Inc., a corporation, and that he/she as President being authorized to
do so, executed the foregoing on behalf of the corporation.
Witness my hand and official seal rs the d y ec ber, 2004
Notary Public
My Commission Expires: 5-18-08

FA
I
t
LI
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 12/03/2004 04:34:47 PM
Book: RE 4582 Page: 426.428
Document No.: 2004064025
DECL 3 PGS $17.00
Recorder: JACQUELINE NELSON
State of North Carolina, County of New Hanover
The foregoing certificate of LYNN R WARD Notary Is certified to be correct. This 3 RD of December 2004
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT,
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2004064025*
2004064025