SW8021110_HISTORICAL FILE_20031217

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

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Construction

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 25, 2003
Mr. Matthew T. Murphy, President
Southeastern Enterprises, Inc., Managing Member
SECOF, LLC
1202 N. Lake Park Boulevard, Suite A
Carolina Beach, NC 28428
Subject: REQUEST FOR RECORDED DEED RESTRICTIONS
Rachel Gardens Subdivision
Stormwater Project No. SW8 021110
New Hanover County
Dear Mr. Murphy:
On April 15, 2003, the Wilmington Regional Office issued a Stormwater Management
Permit to you for Rachel Gardens Subdivision. Per the requirements of the permit, a
copy of the recorded deed restrictions must be forwarded within 30 days of the date of.
recording. A review of our files indicates that, as of this date, only the required
Designer's Certification has been received. A copy of the recorded deed restrictions has
not been received in this Office.
Failure to record and/or provide a copy of the recorded deed restrictions prior to selling
lots is a violation of your permit, and subject to enforcement action. Please forward a
copy of the recorded deed restrictions to this Office at the address below by October 25,
2003, or enforcement action may be initiated and may include recommendations for civil
penalties and revocation of the permit.
Please send in a copy of the recorded deed restrictions, with all statements as found in
Section 11.15 of your permit. If you have any questions, please do not hesitate to call me
at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWA-RDEEDREST1021110.sep03
CC' Tony Roberts, New Hanover County Inspections
Wilmington Regional Office
��
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] WC-6ONR

0�0� \N rFR Michael F. Easley, Governor
7William G. Ross Jr., Secretary
> North Carolina Department of Environment and Natural Resources
^r Alan W. Klimek, P.E. Director
Division of Water Quality
April 25, 2003
Mr. Matthew T. Murphy, President
Southeastern Enterprises, Inc., Member
SECOF, LLC
1202 N. Lake Park Boulevard., Suite A
Carolina Beach, NC 28428
Subject: Approved Plan Revision
Rachel Gardens Subdivision
Stormwater Project No. SW8 021110
New Hanover County
Dear Mr. Murphy:
On April 24, 2003, the Wilmington Regional Office received a plan revision for
Stormwater Management Permit Number SW8 021110. The revisions include the shifting of the
proposed construction of Wagon Court to align it with the existing Wagon Court. It has, been
determined that a formal permit modification is not required for the proposed changes. We are
forwarding you an approved copy of the revised plans for your files. Please replace the old
approved plan sheet C 1 with the new one.
Please be aware that all terms and conditions of the permit issued on April 15, 2003,
remain in full force and effect. Please also understand that the approval of this revision to the
approved plans for the subject State Stormwater Permit is done on a case -by -case basis. Any
other changes to this project must be approved by this office prior to construction. If it is
determined that the proposed revision will require a modification to the permit, you will be
notified.
If you have any questions concerning this matter, please do not hesitate to call me at
[phone].
Sincerely,
Ycu-�
Laurie Munn
Environmental Engineer
RSSllsm: S:1WQSISTORMWATIREVISION10211IO.apr03
cc: Jim Honeycutt, P.E.
Tony Roberts, New Hanover County Building Inspections
Beth E. Wetherill, New Hanover County Engineering
Laurie Munn
Wilmington Regional Office
Central Files
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone]
.XV
RH: M-UR
L

RECEIVED
HONEYCUTT ENGINEERING CO.
CONSULTING ENGINEERS
610 HIDDEN VALLEY ROAD
WILMINGTON, NC 28409
910-350-0631
April 23, 2003
State of North Carolina
Department of Environment
And Natural Resources
Division of Water Quality
Re: Rachel Gardens Subdivision
Stormwater Project Number SW8 021110
Dear Ms. Munn:
APR 2 4 Z003
The Rachel Gardens Subdivision drawing has recently changed. The current surveyor
found an error in the field and we had to shift the entrance road a slight bit (8') to the right.
It didn't change enough for you to be concerned but the City of Wilmington will not
release the drawings for construction until we receive a letter from you stating that you
have reviewed and approve of the new layout. When you review this drawing can you
calf me so my client (Matt Murphy) can come pick the letter up rather than wait for the
mail system? My phone number is 350-0631. Thanks for your help.
Sincerely,
UIA
Wendy Rich son

_ � • • r • • _ • RJ
.. . ! - , ,
1
S
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O�QF W ArFRQG Michael F.' Easley, Governor
y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E. Director
Division of Water Quality
April 7, 2003
Matthew T. Murphy, Member
SECOF, LLC
1202 N. Lake Park Blvd., Suite A
Carolina Beach, NC 28428
Subject: Deed Restrictions
Stormwater Project No. SW8 021110
New Hanover County
Dear Mr. Murphy:
The Division of Water Quality received a copy of the previously requested proposed
covenants and deed restrictions for the subject subdivision. There.is one miss-ing statement, two
statements that need to be amended and one statement that needs to be deleted and replaced.
Please delete the second paragraph under K, beginning "All runoff from the ...".
Please replace the last three words of the third paragraph of Section K, "appropriate State
agency", with "Division of Water Quality".
Please fill in the permit number, SW8 021110, in the blank in the third paragraph of
Section K.
Please replace paragraph M in its entirety with the following:
"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 toward 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 system are not required to provide these additional measures."
Please amend the proposed covenants and submit the amended copy for review by May
7, 2003. Upon satisfactory completion of this remaining item, the permit can be issued. If you
have any questions, please do not hesitate to call me at [phone].
Sincerely,
Linda Lewis
Environmental Engineer
RSSlarl: S:IWQSISTORMWATIADDINF0120031021110.APR03
CC: Jim Honeycutt, P.E.
Linda Lewis
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service GAG
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] NCDENR

HONEYCU17 ENGINEERING CO. %BY:
EIVE
CONSULTING ENGINEERS 3 U 2003
610 HIDDEN VALLEY ROAD
WILMINGTON, NC 28409
910-350-0631
January 27, 2003
State of North Carolina
Department of Environment
And Natural Resources
Division of Water Quality
Re: Rachel Gardens Subdivision
Stormwater Project Number SW8 021110
Dear Mrs. Lewis:
I am addressing your comments as follows:
1. There are no wetlands on this site (see note #5)
2. The wetlands species have been specified on the drawing.
3. The nearest intersection of two major highways has been added to the vicinity map.
4. The latitude and longitude of the pond has been added to the application.
5. A copy of the deed restrictions is attached to this letter.
6. A copy of the articles of incorporation is attached to this letter.
7. The maximum built -upon area has been modified on the application.
8. Page 4 of the application and page 2 of the supplement have been initialed.
9. The details that are on the drawing are standard City of Wilmington details that we
were required to put on the drawing. The drawings have been approved through all
the City departments and I cannot remove them and still get the required permits.
10. The calculations were revised to add drawdown time for just the 1" of storage when
the elevation of the temporary pool is at the top of the discharge structure (2.09
days).
11. The lots are graded to drain toward the street. Additional grades were added to the
drawing to clarify this little more.
Sincerely,
Wendy Richarsp

Jan 24 03 09:22a
P. 1
Secof Construction Co., Inc.
1202 N. Lake Park Blvd. Suite A
Carolina Beach, NC 28428
(910) 45&5605
Fax number (910) 45&7709
Send to: Honeycutt enfsgineering
From: Jamie Sessoms
i Attention: Wendy
j
Date:.1/24/03
Office location:
Office location:
Fax number: 350-0631
Phone number:
Urgent i_ {Reply ASAP 1 Please comment j Please review �_j For your information
Total pages, including cover: 1
Comments:
Wendy,
This should clear up your issue with *6. Please see the attached articles of incorporation. Let me
know if this clarifies anything for you. Southeastern enterprises is Matt Murphy.
Also, the attorney is currently working on the declarations for our subdivisions, we will get them to
you as soon as he is done.
Give us a call if you need anything else.
Jamie
RECEIVED
JAN 3 0 2003
DWQ
PRoi # iv F 0 Z It (0

Jan 24 03 09:22a
�511A]-1E��
C �
Rmr-ir
NO
G i
CAROLINA
P•2
Department of The
Secretary of State
RECEIVED
JAN 3 0 2003
DWQ
PRoa # S 11 aZ ///O
To all whom these presents shall come, Greetings:
T, EL INE F. MARSHALL, Secretary of State of the State
of North. Carolina, do hereby certify the following and hereto
attached to be a true copy of
ARTICLES OF ORGANIZATION
,;p .
x
00f:10 OF
O
SECOF, L.L.C.
rn• T.
p
� o
r,., �. ?
O ryl N -n
c7 -
the original of which was filed in this office 9n L: a 4th day
of August, 1998.
DY WITNE_$S WbTREOF, 1 have heretrtito set my
hand and affixed my officim'.. seal at the City of
Raleigh, this 4th day of August, 199.8.
Secretary of State
RETVRN TO NED M. l KPI'_ '-1

Jan 24 03 09:22a _ _ _ P.3
ARTICLES OF ORGANIZATION F L E D r
", ' se 2 0 9 5 0 9 0- of �. you
. �,i1�b 4 19.98
SECOF, L.L.C. trc-ECTIVE
The uriaer*signed, being of the age of eighteen ygMqp�..O,
does hereby rake, acknowledge and submit these Articles of
'Organization, pursuant to N. C. G. S. Section 57C-2,2o for the
purpose of forming a limited liability company Under and by virtue'
of the laws of the State of North -Carolina:
1. The name of the zimi-ted- Iiability company is' SECOF,
L-. L., C .
2. The latest date on which- the limited liability company is
to dissolve is: July 31, 2018.
3. The name and addxesS of each organizer executing these -
articles of organization is as follows:
1. SOUTHEASTERN ENTERPRISES, INC.
1508 Southeast Harbor Drive
New Hanover County
Wilmington, North Carolina 28409
9. The street address and county of the initial Registered
Office of the limited liability company in the State of North
Carolina is 1508 Southeast Harbor Drive, Wilmington, New Hanover
County, NC 26409.
5. The name of iC'initial Registered Agent at such address
is NfATTHEW T. MURPHY.
-,-y 6. The limited liability company shall be member managed and
all -members by virtue of their status as members shall be managers
of this limited liability company.
7, These articles shall be effective upon fdl-ng.

Jan 24 03 09:22a p'4
2929 OS$0
IN WITNESS WHERE(,F, I have hereunto set my hand this ;23
day of .:.998.
SOUTHEASTERN ENTERPRISES, INC.
!3Y • :w
IY�au yew Tt u-r p
AT ST
Q
1 0 COnPORATE r.
EXL
STATE OF NORTH CAROLINA �
COUNTY OF NEW HANOVER -''•, "-�
I, V a{otary Public in and for
the State and Counfy aforesaid, hereby certify that BERTRAM S.
MURPHY personally" appeared before me this day and acknowledged that
he is Se'er-etary of Southeastern Enterprises, Inc., a
North Carola tea C�rporaticin, and that by authority duly given and as
the act: of [ Iie Corporation, the foregoing instrument was signed in
its name }by iEs President, sealed with its corporate seal and
attested b� liam- as its Secretary_
WITNESS my hand and notarial stamp or seal, this the 93 day
of 1998.
Notary Public
My Coinii1rff�ri���"""issi6n Expires:
4n. . 7!..wfff"r'
DAQ
-k,,,:

Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Wilmington Regional Office
January 21, 2003
Mr. Matthew T. Murphy, Member
SECOF, LLC
1202 N. Lake Park Boulevard, Suite A
Carolina Beach, NC 28428
Subject: REQUEST FORADDITIONAL INFORMATION
Stormwater Project No. SW8 021110
Rachel Gardens Subdivision
New Hanover County
Dear Mr. Murphy:
The Wilmington Regional Office received a Stormwater Management Permit Application
for Rachel Gardens Subdivision on November 15, 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:
✓ 1.
Please either delineate all wetlands on site, disturbed or undisturbed, or note on
the plans that none exist.
V 2.
Please specify by name the wetland species to be planted on the 6:1 shelf
(% 3.
Please add the nearest intersection of two major roads to the vicinity map. A
major road is any 1, 2 or 3 digit NC, US or interstate highway.
4.
Please report the latitude and longitude of the stormwater pond in Section I.7 of
the application.
�'1 d� 5.
Please provide a copy of the proposed deed restrictions to include all required
t�'�,tP�
conditions and limitations as found in Sections I and VII of the attached
document.
✓ 6. Only the manager of the LLC may sign the application. If the LLC is member -
managed, please provide documentation of this. If the LLC is manager -managed,
please either have the manager sign, or have the manager provide a signed letter
of auth6rization which allows you to sign on his/her behalf.
7. Please do not breakdown the proposed built -upon area into houses, garages, etc.
For a single family subdivision, please just provide the total built -upon area for
the lots in one blank, and for the streets in another. If each lot is limited to a
maximum of 5,000 R', then the total to be placed in the "On -site Buildings" blank
is 80,000 f12.
,/ 8. Please initial page 4 of the application and page 2 of the supplement.
✓ 9
There are conflicting streets widths and multiple street details. PIease show only
the one street and cul-de-sac detail that applies to this project and delete all
others. WIM
W
NCDENR
N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 [phone] Fax [phone] Customer Service
800-623-7748

Mr. Murphy
January 21, 2003
Stor awater Project No. SW8 021110
---------------------------------------------------
10. Please provide a weir opening at elevation 43.77, or revise the supplement to
show a temporary pool elevation of 44.4, and revise the orifice sizing to use an
average head of 1.02 feet. If you allow the temporary pool to build up to 44.4, the
increased driving head will empty the V volume faster. Do not change the 7,076
cubic feet of volume that you use for the orifice sizing - only the driving head
changes.
11. How do you propose to insure that all the runoff from the lots is directed into the
collection system or the pond? For subdivisions, you will need some type of
swales around the lots to collect the runoff.
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 February 21, 2003,
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 days 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,
ez'� d'r'U )d"
Linda Lewis
Environmental Engineer
RSS/arl: S:IWQSISTORMWATIADDINFO120021021110.0211IO.JAN03
M. Linda Lewis
Jim Honeycutt, P.E.

STATE OF NORTH CAROLINA,. Department of Environmental Quality,
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 (910) 796-72I5
DLQ SECTION
NAM17:
DEMLRIHay
Nick Garner
FILE ACCESS RECORD
REVIEWTIME/DATE:2/14/2020/ 12:30-1:30
EMAIL: nickrrccrgnc.corn
REITF-S17NTING: Coastal Carolina Resource Group PHONE: [phone]
Guidelines for Access: The staff of Wilmington Regional Office is dedicated to making public records in our custody readily
available to the public Ior review and copying. We also have the responsibility to the public to sale"uard these records and to carry
out our day-to-day program obligations. Please read carefully the tollowin- guidelines signing the loan:
1. Due to the urge public demand for hic access. we request that yorr call at least a day in advance to schedule an
appointment to review Ole liles. Appointments will be scheduled between 9:00am and 3:00pm. Viewing time ends at
4:45pm. Anyone arriving without an apDointmeht rn_ v view the files to the extent that time and staff supervision
is available.
2. You must specify tiles you want to review by facility name. The number ol'files that vcnr may review at one time will
be limited to rive.
3. CAMA Major Permits are issued oUt Of the Morehead City District Office. The COMPLETE file is in the Morehead
Office and may contain additional information and/or comments which may not be in the WIRO file.
4. You may make copies of it file when the copier is not in Use by the staffand if time permits. Cost per copy is S.05 cents.
Payment may be made by cheek, money order, or- dish at the reception desk.
5. FILES MUST BE KEPT IN ORDEIR YOU FOUND "THEM. 1=iles may not be taken from the office. To remove.
alter. deface. mutilate, or destroy material in one ol'these tiles is a misdemeanor for Which yrni can be lined Up to
S500.00. No briefcases, lame totes. etc. are permitted in the file review area.
6. Necessary large plan copies can be scheduled with Cameron. Weaver(@nedenr.-ov 919-796-7265 for it later date/time at
an offsite location at your expense. Large plan copies needed should be attached on top ofthe file. Allways Graphics
can be contacted to set up payment options. Written questions may he left with this completed form and a staff
member will be in contact %with you IF you provide your contact information where indicated above.
7. In accordance with General Statue 25-3-512, a $25.00 processing fee will be charged and collected for checks on which
payment has been refused. _
I'ACILITY NAML COUNTY
SWS 0211 10 Rachel Gardens Subdivision New Hanover
_ A�itme
GG�nature f hirmll3usmess Date MMIDDIYY Time In
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COPIES MADE Z PA11) INVOICE
G:/AIMI/SharedfFile Review Access Dorm rev 2018
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'time Out

'20113063A7�N�t'bV1W�1��
FOR REGISTRATION REGISTER OF DEEDS
p4REBE'ZVER COUN2j, C
29
CN
2003 PG 50 66 FEE $53 00
�j EY, .381
I=OR REGISTRATION REGISTER OF DEEDS
NEWBECCA
HANOV. ccUNTY1RNC
2003 SEP 30 10 ; 22 6 AM
BK 4033 PG : 64-B4 FEL $60.. 00
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
JA N 1 2 2004
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OFkRACHEL'GARDENS"
This Declaration, made this Z9 day of ry) q&4 2003, by
SECOF, LLC, A North Carolina Limited Liability Company, hereinafter referred to as
"Declarant";
WHEREAS, Declarant is the owner of certain property in New Hanover County,
North Carolina, Which is more.particularly described as follows:
SEE EXHIBIT "A" ATTA,,,HED AND MADE A PART HEREOF
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold and conveyed subject to Chapter 47F of the Ger;eral
Statutes of North Carolina known as the North Carolina Plaruied Community Act and
subject to the following easements, covenants, and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in the described properties or
any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof.
Some of the following Covenants are intended to insure ongoing compliance with
North Carolina State Stormwater Management Permit Number(s) SWS-021110, as issued
by the Division of Water Quality under NCAN 2H.1000, The State of North Carolina is
made a beneficiary of these covenants to the extent necessary to maintain compliance
with the stormwater management pennit. The covenants are to run with the land and be
binding on all persons and parties claiming under them. 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. Alteration of the drainage as shown
on the approved plan may not take place without the concurrence of the Division of
Water Quality:
1fl {S L0S

ARTICLE I
DEFINITIONS
As used herein, the following terms shall mean
Section 1 ASSOCIATION shall mean and refer to RACHEL GARDENS HOA,
INC., a North Carolina non-profit corporation, its successors and assigns, the owners'
association organized for the mutual benefit and protection of all the Properties, within
Rachel Gardens, as expanded from time to time, herein after referred to as the Properties.
All property owners of lots in RACHEL GARDENS and any adjoining areas hereinafter
developed and subjected to this declaration, if any, shall be members of the association,
which membership shall be appurtenant to and may not be separated fi•om the ownership
of each single family or multi family lot.
Section 2 ARCHITECTURAL REVIEW COMMITTEE (or Architectural
Control Committee) shall mean and refer to a committee of no less than three, and no
more than five, Lot owners elected at an annual meeting of the Association, or at a
Special Meeting duly called for that purpose. The initial committee shall be elected at a
meeting called for that purpose after tho period of Developer control. The committee
shall, after the period of Declarant control, exercise the architectural review and controls
established by this Declaration, and all amendments hereto.
Section 3 OWNER shrill mean and refer to the record owner(s), whet'ier one or
more persons or entities, of �e simple title to any lot which is part of the P:,:)perties,
including contract sellers, bul -xcluding those having such interest merely as security for
the perfonnance of an obligation.
Section 4 PROPERTIES shall mean and refer to all of RACHEL GARDENS as
described above, and any additional properties that may hereafter be brought within the
jurisdiction .of the Association as herein provided.
Section 5 ADDITIONAL PROPERTIES shall mean and refer to any lands
adjoining the Properties or within a one-inile radius thereof, which now are owned or
may be hereafter acquired or developed by the Declarant and annexed to and made a part
of the properties by the Declarant and subjected to this declaration. No additional
properties may be annexed without prior approval of HUD/VA, if so required. The
annexation of such additional properties shall become effective by the recording in New
Hanover County by the Declarant of an amended declaration for each new section
annexed.
Section 6 COMMON AREA shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the owners, specifically including
all roads, streets, drives and rights of way in Rachel Gardens. The common area to be
owned by the Association at the time of the conveyance of the first lot shall be all the
area designated as "common area" on the plat or plats of RACHEL GARDENS, if any,
2

recorded or to be recorded in New lianover County Registry. The term shall also include
any additional properly later designated as Common Area by the Declarant, as provided
for herein, and any detention, and/or retention pond(s) located within the subdivision.
Section 7 COMMON EXPENSES means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves. Common
Expenses specifically include costs for maintaining and insuring any retention, and/or
detention pond(s), in Rachel Gardens subdivision, as expanded from time to time.
Section 8 DECLARANT shall be used interchangeably with developer (which
shall include singular, plural, masculine and neuter as required by the context) and shall
mean and refer to SECOF, LLC, and its successors and assigns, if such successors and
assigns should acquire the remaining undeveloped property in Rachel Gardens from the
Declarant for the purpose of development.
Section 9 DECLARATION shall mean this instrument as it may be from time to
time amended or supplemented.
Section 10 EXECUTIVE BOARD shall be used interchangeably with the board
of directors and means the body, regardless of name, designated in this Declaration or
otherwise to act on behalf of the association.
Section I 1 MEMBERSHIP shall mean and refer to every person or entity that has
a membership in the Association.'
Section 12 SPECIAL DECLARANT RIGHTS means rights reserved for the
benefit of the Declarant including without limitation the right (1) to complete
improvements intended or planned by Developer for the property or additional
property;(ii) to exercise any development or other right reserved to the Declarant by this
Declaration of otherwise, (iii) to maintain within the Planned community sales offices,
management offices, construction offices/trailers, signs advertising the Planned
community, and models; (iv) to use the common elements for the purpose of making
improvements within the planned community;(v) to make the planned community part of
a larger planned community or group of planned communities;(vi) to make the planned
conununity subject to a master association;(vii) to appoint or remove any officer or
executive Board member of the Association or any other Master Association during the
Declarant control period; (viii) to maintain Architectural Control until such time as
Declarant sells or transfers all Lots in the subdivision; and (ix) to delegate any or all of
the Declarant's rights permanently or for limited tirne periods.
Section 13 LIMITED COMMON AREAS AND FACILTIES shall mean and
include the common areas and facilities, if any, which are reserved for the use of a certain
Lot or Lots to the exclusion of other Lots, as more specifically defined herein, and as
shown on the any plat s of the subdivision recorded in the New Hanover County Registry.
3

ARTICLE It
PROPERTY RIGHTS AND EASEMENTS
Section 1 OWNERS PROPERTY RIGHTS AND EASEMENT OF
ENJOYMENT Every owner shall have and is hereby granted a right and easement of
enjoyment in and to the common areas, if any, and all roads, streets, drives and rights of
way in Rachel Gardens, which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
A. The Declarant, and after the period of Declarant control, the Association may
make and amend reasonable rules and regulations governing use of the
common elements by the owners and non -owner members;
B. The right of the Declarant, and after the period of Declarant control, the
Association to suspend the voting rights and privileges of an owner for any
period during which any assessment against his lot remains unpaid and for a
period not to exceed (60) days for any violation of its published rules and
regulations;
C. The Declarant, and after the period of Declarant control, the Association may
grant:a security interest in or convey the Common ar�;as, 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 (80%) eighty percent of the members, excluding the developer;
provided, however, that the Declarant, and after the period of Declarant
control, the Association may without the .,)nsent of the Owners grant
easements, leases, licenses and concessions through or over the common
areas. No conveyance or encumbrance of common elements shall deprive any
Lot of its rights of access or support.
D. The right of the Declarant, and after the period of Declarant control, the
Association to impose regulations for the use and enjoyment of the common
areas, if any, and improvements thereon, which regulation may further restrict
the use of the common area.
Section 2. EASEMENTS IN FAVOR OF DECLARANT AND THE
ASSOCIATION. The following easements are reserved to Declarant and the
Association, their agents, contractors, employees, successors and assigns:
A. The Declarant reserves the unto itself, its successors and assigns, a perpetual,
alienable, and releasable easement and right of way, on, over, and under the
ground for men and equipment to erect, maintain, inspect, repair, and use
electric and telephone pole, wires, cables, conduits, fences, sewers, water
mains and other suitable equipment for the conveyance and use of electricity,
telephone equipment, gas, sewer, water or other public conveyances or
utilities on, in of over each lot, all easements and setbacks shown on the
recorded subdivision plat, the rights of way of roads and streets, and such
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other areas as are shown on the plat of the properties recorded, or to be
recorded, in the office of the Register of Deeds of New Hanover County,
provided further, that the Declarant may cut drain ways for surface water
whenever such action may appear to the Developer to be necessary in order to
maintain reasonably standards of health, safety, and appearance. These
casements and rights of way expressly include the right to cut any trees,
bushes or shrubbery, make any grading of the soil, or 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
Declarant further reserves the right to locate wells, pumping stations, and
tanks within residential areas on any walkway, or on any residential lot now or
subsequently designated for such use or to locate same upon any lot with the
permission of the owner of such lot. 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 of service.
B. The developer reserves the right to subject the real property in this subdivision
to a contract with the Progress Energy/Carolina Power and Light, their
successor or assigns, for the installation of street lighting, which requires a
continuing mon'.hly payment to Progress Energy/Carolina Powp.r and Light by
each residential customer.
C. Easements over all streets and roads, access casements, and the common areas
within the planned community as necessary to provide access, ingress and
egree..-, to and the installation of utilities for any prop,.-'t ty and the Common
Area.
D. 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 Declarant and the Association, their successors and assigns,
and any owner, purchaser, Mortgagee, and other person having an interest in
the Planned Community, 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.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section I Every owner of a lot shall be a member of the association. Membership
shall be appurtenant to and may not be separated from ownership of any lot.
Section 2 Each member shall be entitled to one vote in the affairs of the
association for each lot owned, except the Declarant shall be entitled to four (4) votes 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 the owners of such

lot among themselves dctermine, but in no event shall more than one vote be cast with
respect to any lot.
ARTICLE 1V
MANAGEMENT AND CONTROL
Management for the affairs of the Association, excepting architectural control,
shall be the right and responsibility of its board of directors in accordance with the
declaration and the by-laws; PROVIDED, HOWEVER, that all of the powers and duties
of the Board of Directors may be exercised by the Declarant until such time as 75% of
the lot have been sold and conveyed by the Declarant to purchasers or until July 1, 2009,
whichever occurs first. Management and control may be transferred to the lot owners at
any time but no Iater than 36 months after the happening of either of the above events.
The Developer may maintain architectural control until all lots have been sold, or until
such control shall be expressly relinquished to the Association in writing, whichever
occurs latest.
ARTICLE V
COVENANTS AND ASSESSMENTS
Section 1 Creation of the lien and personal obligation for assessments. Each lot
owner covenants and agrees to pay to the Association the following assessments
(collectively the "assessme=jt.s"):
A. Annual assessments.
B. Special assessments.
C. Insurance assessments.
D. Ad valorem Tax assessments.
E. Working capital assessments.
These 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 charges are assessed. Such charges and reasonable attorney's fees shall
also be the personal obligation of the person who was the owner of such lot at the time
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, or a lien for
such charges has been filed in the Office of the Clerk of Court of New Hanover County
prior to transfer of title to such successor; however, such charges remain a lien on the
Lot, in any event.
Section 2 Purpose Of Annual Assessments The 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 plaimed community and for the maintenance,
repair, and replacement of the common elements, any limited common elements, and any
retention/detention pond(s) located within the subdivision. The funds arising from said

assessments of charges, may be used for any or all of the following purposes: Operations,
maintenance and improvements 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: paying dues and assessments to any organization or master association of which
the Association is a member, and in addition, 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 prior to the conveyance of the first lot to an owner 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 monthly installments. The Association shall upon demand, and for
a re.4sonable charge, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specific lot have been paid. The Initial Dues are set at
$240.00 per year, billed monthly, $20.00 per month.
Section 4 Initial _Workin J Ca iitdt Assessment Each -purchaser of a lot from the
Declarant, or its successor, shall pay to .�e Association a Working Capital assessment F
$100.00.
Section 5 Special Assessments For Capital Improvement 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 coirunon area improvements or maintenance. Any such assessment shall
have the assent of two-thirds of the votes of the members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 6 Insurance Assessments The Board of Directors on behalf of the
Association as a common expense, shall at all times keep the 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
the Properties and cominon area, which insurance shall be payable in case of loss to the
Association foi all the members. The Association shall have the sole authority to deal
with the insurer in the settlement of all 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 purchased by the members or their
mortgagees. The Association reserves the right to assess members in an arnount sufficient
to pay the cost of all such deductibles and insurance premiums not included as a
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component of the annual assessment. These insurance assessments shall include but are
not limited to Ad valorem tax assessments.
Section 7 Rate of Assessment The Association may differentiate in the amount of
Assessments charged when a reasonable bases for distinction exists, such as between
vacant lots and those with completed structures which can legally be occupied, or when
any other substantial difference exists between lots. However, Assessments must be
fixed at a uniform rate for all lots similarly situated.
Section 8 Commencement of Assessments Assessments for each lot shall
commence upon the date of acceptance by an owner of a deed from Declarant.
Section 9 Effect of Nonpayment of Assessments and Remedies of the
Association Any Assessment not paid within Thirty (30) days after the due date shall
bear interest from the due date at the highest interest rate allowable by law. The
Association may bring an action at law against the owner personally obligated to pay the
same, and/or foreclose the lien against the property and may pursue any other legal or
equitable remedy available. No owner may waive or otherwise escape liability for the
assessments provided for herein by nonuse of the Common area or by abandoning his lot.
The association may also establish and collect late fees for delinquent installments.
Section 10 Lien for Assessments. The Association may file a lien against a lot
when any assessment levied is left unpaid for a period of 30 days or longer.
A. The lien shall constitute a lien again : the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of New
Hanover County. The Association may foreclose the claim of lien in like
manner as a mortgage on real estate under power of sale under article 2A
of chapter 45 of the General statutes. Fees, charges, late charges fines,
interest, reasonable attorney's fees, and other charges imposed pursuant to
Sections 47F-3-102, 4717-3-107, 47F-3-107.1 and 47F-3-115 of the Act are
enforceable as Assessments.
B. The lien under this section shall be prior to all liens and encumbrances on
a lot except (i) liens and encumbrances (specifically including, but not
limited to, a mortgage or deed of trust on the lot) recorded before the
docketing of the claim of lien in the office of the Clerk of Superior court,
and (ii) liens for real estate taxes and other governmental assessments and
charges against the lot.
C. The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of
the claim of lien in the office of the Clerk of the Superior Court.
D. Any judgment, Decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party.
E. Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a lot obtains title to the Lot as a result of foreclosure of a first

mortgage or deed of trust, such purchaser and its heirs, successors and
assigns shall not be liable lbr the Assessments against the Lot which
became due prior to the acquisition of title to the Lot be such purchaser.
The unpaid assessments shall be deemed to be common expenses
collectible from all of the Lot Owners including such purchaser, its heirs
successors or assigns.
F. A claim of lien shall set forth the naive and addresses of the association,
the name of the record owner of the Lot at the iimc the claim of lien is
filed, a description of the Lot and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers, and
privileges which shall be in addition to the Special Declarant rights and any other rights,
powers, and privileges reserved to the Declarant herein:
Section 1 The Architectural Control Committee/Board of Directors/Executive
Board All duties and responsibilities conferred upon the Architectural Contrd�l Committee
by this Declaration or the Bylaws of the Association shall be exercised and perfonned by
the Declarant or its designee, so long as Declarant shall own any Lot within the Property
or any Additional Property. The Declarant shall be entitled, during the Declarant control
period, to appoint and remove the officers and members of any Executive board.
Section 2 Plan of Planned Community The right to chanr,e, alter or redesignate
the allocated planned; platted, or recorded use or designation of any of the lands
constituting the Planned Conununity including, but not limited to, the right to change,
alter or redesignate road, utility, stonnwater handling facilities, drainage facilities, and all
casements and to change, alter or redesignate such other present and proposed amenities,
common elements, 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 replat any one (1) or more lots shown on the plat of
any subdivision of the property of additional property in order to create one or more
modified lots: to further subdivide tracts or lots shown on any such subdivision plat into
two or more lots; to recombine one ormore tracts or Lots or a tract and Lots to create a
larger tract or Lot (any lot resulting from such combination shall be treated as one Lot for
purposes of assessments): to eliminate from this declaration of any plats of the planned
community lots that are not otherwise buildable or are needed or desired by Declarant for
access or are needed or desired by Declarant for use as common area, as a public or
private roads, or as access areas, whether serving the Planned Community or other
property owned by the Declarant or others, or which are needed for the installation of
utilities, common elements or amenities, and to take such steps as are reasonably
necessary to make such re -platted Lots or tracts suitable and fit as a building site, access
area, roadway or common elements. Declarant specifically reserves the right, but not
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obligation, to convert one Lot owned by the Declarant, or its successor, to Common Area
for the subdivision.
Section 3 Amendment of Declaration by the Declarant. This Declaration may be
amended without member approval 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 incorporate or reflect any platting change as pennitted by this article or
otherwise 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 governmemal agency belonging to, sponsored by, or under
the substantial control of the United States Governmental 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 the property, including, without limitation, ecologic al controls,
construction star .lards, aesthetics, and matters affecting the puV." c health,
safety and general welfare. A letter from the official of any such <,�orporation
or agency, including, without limitation, the Department of Veteran affairs,
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, provided that the changes made substantially conform to such request
or suggestion. Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control period, shall be entitled to amend this
Declaration pursuant to this section.
ARTICLE VI
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE
Section 1 Architectural Control and Maintenance After the period of Declarant
Control, the Association shall have the right and obligation to control the development
and appearance in the Planned Community, subject to the following minimum guidelines:
A. Approval of plans for building and site improvements. No house plans
will be approved unless the proposed house shall have a minimum 1000 square
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tcet of enclosed heated square feet, which shall be the total enclosed area within a
dwelling, provided, however, that such term does not include terraces, decks,
open porches, and like areas, provided further, that shed -type porches, even
though attached to the house are specifically excluded from the definition of the
aforesaid term "heated square footage".
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, and after the
period of Declarant control, by the Architectural Review Committee; provided,
however, that no structure shall be constructed closer to a Lot Line than is
permitted by applicable govennnental regulations.
C. The exterior of all dwellings 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, natural calamities,
or complexity of design and construction.
D. Fences shall be ;;. rmitted on any Lot; provided, however, that
design, placement, and material- of any fence are approved by the Declarant, a"_d
after the period of Declarant control, by the Architectural Review Committee. No
fence shall be permitted any further forward the front corners of the house on the
lot. No chain link fences may be visible from the streets that border the lot.
Clotheslines are permitted on lots; however, no clothesline may be visible from
the streets that border the lot upon which the clothesline is located.
E. Off street parking for not less than (2) two passenger automobiles
must be provided on each lot prior to the occupancy of any dwelling constructed
on said lot which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turf stone, or any other material approved by the
Declarant, and after the period of Declarant control, by the Architectural Control
Committee.
F. The Declarant may, at its option, construct and install sprinkler
systems upon some or all of the lots in the development. However after a'lot with
a sprinkler system has been conveyed by Declarant, it shall be the sole duty and
responsibility of the lot owner to thereafter operate and maintain the said system
in good operational order and repair, including the repair and replacement of all
parts and materials for the irrigation wall and the entire system,
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G. It shall be the continuing duty and responsibility of the lot owner to
landscape and maintain their lawns and environment in the manner that has been
approved by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee.
Section 2 - Use Restrictions
A. LAND USE AND BUILDING TYPE No lot shall be used for any
purpose other than residential purposes, subject, however, to the rights of the
Declarant contained elsewhere in this Declaration. All numbered Lots are
restricted for construction of one single family dwelling not to exceed two stories
in height (plus such detached garages and other accessory buildings, as may be
approved in their sole discretion by the Declarant, and after the period of
Declarant control, by the Architectural Control Committee).
B. NUISANCES No noxious or offensive activity shall be carried 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
exisience are in any way noxious, dangerous, unsigii;ly, or of other nature as may
significantly 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 of unkept condition of buildings or grounds on the
Owner's lot which would tend to decrea.. the beauty of the neighborhood as a
whole or the specific area.
C. TEMPORARY STRUCT1.TRES No structure of a temporary
character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be
used on any lot any time as a residence whether temporarily or permanently
without the written consent of the Declarant, and after the period of Declarant
control, by the Association.
D. ANIMALS No animals, livestock or poultry of any kind shall be
kept or maintained on any Lot or in any dwelling except domestic dogs and cats,
or other household pets, provided they are not kept or maintained for commercial
purposes, or in such numbers as to create a nuisance prohibited by B., above.
E. TELEVISION SATELLITE DISHES AND OUTSIDE
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 Declarant, and after the period of Declarant control, by the
Architectural Control Committee; provided, however satellite dishes under 18" in
diameter which cannot be seen from the street are permitted.
F. EXTERIOR LIGHTS All light bulbs and other lights installed on
any fixture located on the exterior of any building or any lot shall be of clear,
white, non -frost or yellow bug bulbs.
G. SIGNS No signs (including "for rent" or "for sale" signs) shall be
permitted on any lot or in the common area without permission of the Executive
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Board, provided, however the Declarant may, so long as it owns any lot, maintain
for sale signs on Declarants lots and signs on its lots and in the common area
generally advertising the planned community.
I -I. JUNK VEHICLES No inoperable vehicle will be permitted on
the premises. The Association shall have the right to have all vehicles towed away
at the owner's expense.
1. SUBDIVIDING Subject to any rights reserved by the Declarant
herein, no lot shall be subdivided, or its boundary lines be changed except with
the prior written consent of the Declarant during the Declarant control period and
thereafter by the Board of Directors of the Association.
J. FENCING In order to maintain compliance with all stonnwater
pennits, no fencing will be allowed within any drainage and access.easements
without express written approval by the Declarant and any applicable State,
County, or other applicable regulatory entity.
K. IMPERVIOUS SURFACE No more than 2300 square feet of any
lot shall be covered by structures or impervious materials. This allotted amount
includes any built upon areas constructed within the property boundaries, and that
portion of the road right-of-way between the front lot line and the edge of the
pavement. Impervious materials include, but is not limited to, structures, asphalt,
gravel, concrete, I;ick, stone, slate, coquina, parking areas, or sir. -.filar material but
do not include raised open wood decking, or the water surface of swimming
pools. Built upon area in excess of the pennitted amount requires a state
stormwater management pen -nit modification prior to construction.
.'.'his covenant, and the following covenants L .,.)d M, are intended to
ensure o,.W,,oing compliance with State stonnwater man :gement permit number(s)
SW8 021110 as issued by the N.C. Division of Water Quality. These three
covenant n may not be changed without the express written approval of the N.C.
Division of Water Quality.
L. SWALES. Swales and ditches shall not be filled in, piped, or
altered except as necessary to provide driveway crossing.
M. STORMWATER. All runoff from the built upon areas on the lot must
drain into the permitted system. This may be accomplished through the use of
roof drain gutters, which drain to the street, grading the lot to drain toward the
street, or grading perimeter swales to collect lot runoff and directing them into the
stonnwater system, or into the street. Lots that naturally drain toward the street
are not required to provide these additional measures.
N. MECHANICS No mechanical or maintenance work shall be done
on cars or other machinery or equipment in the front or side yard of any home, or
in the street in front of any Lot.
O. BOATS AND RECREATIONAL VECHILES Boats, recreational
vehicles, and other similar vehicles shall only be parked on driveways or on pads,
the design and location of which must be approved by the Declarant, and after the
period of Declarant control, by the Architectural Review Committee.
P. LEASES No property shall be leased for less than 6 months.
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Q. MODULAR AND MOBILE I-IOMES No modular or mobile
homes shall be placed on any lot.
R. WINDOW TREATMENTS Permanent window treatments must
be installed on all new homes within 30 days of occupancy.
ARTICLE VII
STORM WATER/RUNOFF FACILITIES
Section I Transfer of Pen -nit The Association and each of its Members agree
that at anytimc after (i) all work required under the Stonnwater Pennit has been
completed (other than operation and maintenance activities), and (ii) the Declarant is not
prohibited under DENR regulations from transferring the Stonnwater Pen -nit to the
Association, the Association's Manager shall, without any vote or approval of Lot
Owners, and within 10 days after being requested to do so, sign all documents required
by DENR for the Stormwater Pen -nit to be transferred to the Association. If the
Association fails to sign the documents required by this paragraph, the Declarant shall be
entitled to specific perfornance in the courts of North Carolina requiring that the
Association Manager signs all documents necessary for the Stonnwater Permit to be
transferred to the Association. FaiLire of the Manager to sign as provided herein shall not
relieve the Association of its obligations to operate and maintain the stonnwater facilities
covered by the Stonnwater Permit.
Section 2 Hold(armless The stormwater retention/detention :::ond(s) and
related facilities constit e Common elements/Area, and the Associati• # is responsible
for operation and mainte; ante of such. The Association shall indemnif}, and hold
harmless the Declarant, its successors and assigns, from any obligation and costs for
operation and maintenance under the stonnwater permit after the permit is transferred to
the association, as provided for above
ARTICLE V11I
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
Section I Lots subject to declaration. The covenants and restrictions contained in
this declaration are for the purpose of protecting the value and desirability of the planned
community and the lots. All present and future owners, tenants and occupants of lot and
their guests or invitees, shall be subject to, and shall comply with the provisions of the
Declaration, as the declaration may be amended from time to time, and all Rules and
Regulations set by the Declarant, or Executive Board after the period of Developer
Control. 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 run with and bind the land and shall
bind any person having as any time any interest or estate in any lot, their heirs, successors
and assigns, as though such provisions were made a part of each and every deed of
14

conveyance or lease, for a term of twenty (20) years form the date this Declaration is
recorded, after which-timc they shall be automatically extended for successive periods of
ten (10) years, unless amended or terminated by the Lot Owners.
Section 2 Miscellaneous 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. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VI I]
RIGHTS OF INSTITUTIONAL LENDERS
Institutional lender or Institutional lenders as the tern is used herein, shall mean
and refer to banks, savings and loans, savings banks, insurance companies, the veteran's
administration, the Federal Housing Authority, the Federal National Mortgage
Association, and other reputable mortgage lenders, guarantors, and insurers of such first
mortgages. So long as any Institutional Lender or institutional Lenders shall hold any
mortgage upon any lot, or shall be the owner of any lot, such Institutional Lender or
lenders shall have the following rights.
A. To be furnished with at least one copy of the Annual Financial statement and
report of the association, including a detailed statement of annual carrying
charges or income collected and operating expenses, such financial statement
and report to be furnished by _ ► ig& , 15t" of each. ,,.alendar
year. - t
B. To be given notice of the association of the call of any meeting of thy:
membership to be held for the purpose of considering any proposed
Amendment to the Declaration, or the Articles of Incorporation and Bylaws of
the Association, which notice shall state the nature of the amendment being
proposed, and to be given pennission to designate a representative to attend
all such meetings.
C. To be given notice of default in the payment of assessments by an owner of a
lot encumbered by a mortgage held by the institutional lender or lenders, such
notice to be given in writing and to be sent to the principle office of such
Institutional lender or lenders, or to the place which it or they may designate
in writing to the Association.
D. To inspect the books and records of the Association and the Declaration,
bylaws and any rules and regulations during normal business hours, and to
obtain copies thereof, for a reasonable copying fee.
E. To be given notice by the Association of any substantial damage to any part of
the common area.
F. To be given notice by the association if any portion of the common area is
made the subject matter of any condemnation of eminent domain proceedings
or is otherwise sought to be acquired by a condemning authority.
15

ARTICLE IX
GENERAL PROVISIONS
Section 1. 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
or enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants
or restrictions by judgment or court order shall in no way affect any other
provision, which shall remain in full force and effect.
Section 3. Amendment of Covenants. Except as otherwise provided
in these Covenants, 'the terms herein may not be amended during the period of
Developer Control. After the period of Developer Control the terms herein may
not be amended unless seventy five percent (75 %) of the Lot Owners agree to
such amendment at a meeting duly called for the purpose of voting on such
changes. Any amendment approved shall be evidenced by a writing setting out
such amendment, which shall be signed ')y all Lot owners approving, and which
writing shall be recorded in the Regis;,, of New Hanover County. In no event
shall any amendment be effective to ren' .eve or modify any of the Declarant's
rights without the written approval of the Declarant.
IN WITNESS WHEREOF, SECOF, LLC, the Declarant has caused this
instrument to be executed by its duly authorized Member/Managers(s), all the
day and year first above written.
SECOF,LLC
By:�4�0
ember/Manager
�� n Loj�—Y
9De
HUFF ik
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1vNti �CIII�4`L _5y C4
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book
Document 0o.:
WILMINGTON, NC 28401
05129/2003 02:25:38 PM
RE 3814 Page: 50-66
2003033407
DECL 17 PGS $57.00
Recorder: LIESEL WARD
State of North Carolina, County of New Hanover
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By:-
DePutyJAm9ista;.zkRegister of Deeds
� 1 i
► � _�i1 � � y ' 1 �5
This 29TH of May 2003
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003033407*
2003033407

OCT-00-2002 1�F0 1 l ; 50 AM REGISTER OF QFFaS
OCT_ 9. R02 10.41AM" .
;qa:I
1
FAX NO. 910341P, 04
" Wv No. 1954il'U `P, 44n04
M3I XRG at a paint in the Nortbaastarn right of vaLY line of
Chippenham Drive (30 ,feet €ream the center line tharabf) r ®arid point
being located South 44 dsgxeas 17 minutae Matt 516.82 feet as
="stared along the Wortheastarn sight of way lino of Chippenham Drive
fram its point of i ntarsoction with the $autheastarn right of way
lines of gorge Anderson brive- (50 feat from,.the center liaac) . Said
point also being the Southeast corner of a tradf- dasrribed in Dead
Book 1.477 at page 1879 of the Now lanover County Registry. Running
thwme with the Scrathearate►ra linos of the above raeutianad tract, North
47 degrees 43 minutes East 234,44 feet to.a point in the Setthvestarn
right of vay line of South 17th Street. Rt nlmq t ce along and
with the Southvaatern right of way line of South 17tb Street South 42
degroce 15 zinutes 54 aecoruft Bast 29,27 feat to a point. Running
thabce with a curve to the Worth to a paint that is located south 43
degrees 50 mint -Las 48 6econde Bast 256.06 feet from the preceding
&oizt. Thtacc-, continuing with the Sauthwestern right of way line of
South 1.7th Strout as 3t cntves to tho North to a paxnt that is
located 2outh 50 degrees 07 minuta6 39 aecohda East 177,04 feet Pram,
the preceding point. Raid paint being thv most Northw6et corner of
:Section I, The Chaise at carriage 'r;_tlls, aXp of same being roe-orded
in ,.: M.ap BOC& 28 page 160 of the New aanettear County Regi.strp_ Ruining
tb, ihce With the Westorn lines of said Section 1, The Cbasise at
Carriages Hills, South 59 degrees 01 v4uutts 47 secotlda Wont 197.36
feet South 34 degrees 37 minutes 53 seconds Beat 70.0 feet, Ear. at,4 55
degrees 34 minutes 35 secarndn West 301.32 teat and South a5 �agreas
40 minute8 13 seconds West V .31 feet to a point In the Northw,,ateL-n
right of way lime of Chip enham brivo_ Ruing thanuo wi,t'ia the
ftrtheaat�ara right of way IV-,t,3 of Chippenhem Drive~ as it curves to
the North to a point that it located North 60 degrees 50 minutes 26
seconds West 492.33 feet from tho preceding point. Thence Continuing
with the 'Northeastern right of way line of Chiypenham Drive North 44
degrees 17 minutes West 64.7 feed, to the point of beginning.
Cont;L i,Di.ng 6.39 acres more or less. SubJoct hovrever to a 30 fact
utility eaogmaat� extending Waist oar4ly from tt* West and of I'o1jocks
Way tbx*u-#h the above descr;Lbod tract. The location of esaid &a*# -moat
is shown on a Dap of suzvey for The VV i,ted 'Pentecostal Churct, Inc.
pr'op+artd by ,Sack Q. Stocks, RLS, and 4atsd May 6, 1993.
1. 1993 Now 8anover County Taxes and eubsaqueat yearn.
2- All Oas ts, rights of Way and restrictions of record, all
go'v4rnmbn't regulations including roningi gubdiwi.s:.o.ti and building
regulations.

SECOF, LLC
(SEAL)
K nneth R offer Member/Manager
State of North Carolina
County o.` Pender
1, Linda E. Richardson a Notary Public in and for the
said County and State do hereby certify that Kenneth R. Coffer
Manager/Member, personally appeared be -`ore me this day and
,"r_knowledged that he is Member/Manage? of SECOF, LLC and further
icknowledged the due execution of the .Loregoing instrument on
Vehalf of SECOF, LLC.
Witness my hand and official notarial stamp or seal this
29th day of September, 2003. //))
�r - C
Notary Public
Li a E. is ar son
My Commission Expires: 5-18-2005

EXPLANATION STATEMENT TO CORRECT OBIVIOUS MINOR
ERROR(S) MADE IN AN INSTRUMENT AS ORGINALLY RECORDED
RE: BOOK: 3814
PAGE: 50
RECORDED IN THE NEW HANOVER OCUNTY REGISTER OF DEEDS
NAME OF ALL PARTIES TO THE ORIGINAL INSTRUMENT:
GRANTORS: SECOF, LLC
GRANTEES: NIA - DECLARATION OF COVENANTS - RACHEL GARDENS
STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER
Ilwe, the undersigned, hereby certify that the following corrections are made in
the above named recorded instrument in accordance with the provisions of G. S. 47-
36.1 ratified June 30, 1986.
DESCRIPTION OF CORRECTION(S):
1. Add Exhibit A legal description.
2. Attach notarization of the document for the Grantee's execution.
This the 36��day of September, 2003.
2Q��� (SEAL)
ROBERT CALDER, JR., ATTORNEY AT LAW
ORIGINAL DRAFTSMAN

I�
1
REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 09/30/2003 10:22:06 AM
Book: RE 4033 Page: 64-84
Document No.: 2003063479
RIRAMD DECL. 21 PGS $69.00
Recorder: MARVIS ANN STORER
State of North Carolina, County of New Hanover
The foregoing certificate of LINDA E RICHARDSON Notary is certified to be correct. This 30TH of September
2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deputy/Assistaot Register of Deeds
**kk*tikki*k*i##ki##k##k*#****kt#**Rk*kk*#k*kikifk##*#i##!ii#k*#*R*Rk*k*#kkkk*kkikk**k****k*kkk*#kkikkkkk*kkkk*k#*k*k*k*
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003063479*
2003063479

K
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
RECEIVED
APR 10 2003
DWQ
PROJ #
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF RACHEL GARDENS
This Declaration, made this day of April 2003, by SECOF, LLC, A North
Carolina Limited Liability Company, hereinafter referred to as "Declarant";
WHEREAS, Declarant is the owner of certain property in New Hanover County,
North Carolina, Which is more particularly described as follows:
SEE EXHIBIT "A" ATTACHED AND MADE A PART HEREOF
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold and conveyed subject to Chapter 47F of the General
Statutes of North Carolina known as the North Carolina Planned Community Act and
subject to the following casements, covenants, and conditions, which are for the purpose
of protecting the value and desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in the described properties or
any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each
owner thereof.
Some of the following Covenants are intended to insure ongoing compliance with
North Carolina State Stormwater Management Pennit Number(s) :5QJ 80 21 NOS ,
as issued by the Division of Water Quality under NCAN 2H.1000. The State of North
Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the stormwater management permit. The covenants are to run with the
land and be binding on all persons and parties claiming under them. 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. Alteration of the
drainage as shown on the approved plan may not take place without the concurrence of
the Division of Water Quality.

ARTICLE I
DEFINITIONS
As used herein, the following terms shall mean
Section 1 ASSOCIATION shall mean and refer to RACHEL GARDENS HOA,
INC., a North Carolina non-profit corporation, its successors and assigns, the owners'
association organized for the mutual benefit and protection of all the Properties, within
Rachel Gardens, as expanded from time to time, herein after referred to as the Properties.
All property owners of lots in RACHEL GARDENS and any adjoining areas hereinafter
developed and subjected to this declaration, if any, shall be members of the association,
which membership shall be appurtenant to and may not be separated from the ownership
of each single family or multi family lot.
Section 2 ARCHITECTURAL REVIEW COMMITTEE (or Architectural
Control Committee) shall mean and refer to a committee of no less than three, and no
more than five, Lot owners elected at an annual meeting of the Association, or at a
Special Meeting duly called for that purpose. The initial committee shall be elected at a
meeting called for that purpose after the period of Developer control. The committee
shall, after the period of Declarant control, exercise the architectural review and controls
established by this Declaration , and all amendments hereto.
Section 3 OWNER shall mean and refer to the record owner(s), whether one or
more persons or entities, of fee simple title to any lot which is part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 4 PROPERTIES shall mean and refer to all of RACHEL GARDENS as
described above, and any additional properties that may hereafter be brought within the
jurisdiction of the Association as herein provided.
Section 5 ADDITIONAL PROPERTIES shall mean and refer to any lands
adjoining the Properties or within a one -mile radius thereof, which now are owned or
may be hereafter acquired or developed by the Declarant and annexed to and made a part
of the properties by the Declarant and subjected to this declaration. No additional
properties may be annexed without prior approval of HUD/VA, if so required. The
annexation of such additional properties shall become effective by the recording in New
Hanover County by the Declarant of an amended declaration for each new section
annexed.
Section 6 COMMON AREA shall mean and refer to all real property owned by
the Association for the common use and enjoyment of the owners, specifically including
all roads, streets, drives and rights of way in Rachel Gardens. The common area to be
owned by the Association at the time of the conveyance of the first lot shall be all the
area designated as "common area" on the plat or plats of RACHEL GARDENS, if any,
recorded or to be recorded in New Hanover County Registry. The term shall also include
2

any additional property later designated as Common Area by the Declarant, as provided
for herein, and any detention, and/or retention pond(s) located within the subdivision.
Section 7 COMMON EXPENSES means expenditures made by or financial
liabilities of the Association, together with any allocations to reserves. Common
Expenses specifically include costs for maintaining and insuring any retention, and/or
detention pond(s), in Rachel Gardens subdivision, as expanded from time to time.
Section 8 DECLARANT shall be used interchangeably with developer (which
shall include singular, plural, masculine and neuter as required by the context) and shall
mean and refer to SECOF, LLC, and its successors and assigns, if such successors and
assigns should acquire the remaining undeveloped property in Rachel Gardens from the
Declarant for the purpose of development.
Section 9 DECLARATION shall mean this instrument as it may be from time to
time amended or supplemented.
Section 10 EXECUTIVE BOARD shall be used interchangeably with the board
of directors and means the body, regardless of name, designated in this Declaration or
otherwise to act on behalf of the association.
Section I 1 MEMBERSHIP shall mean and refer to every person or entity that has
a membership in the Association.
Section 12 SPECIAL DECLARANT RIGHTS means rights reserved for the
benefit of the Declarant including without limitation the right (i) to complete
improvements intended or planned by Developer for the property or additional
property;(ii) to exercise any development or other right reserved to the Declarant by this
Declaration of otherwise, (iii) to maintain within the Planned community sales offices,
management offices, construction offices/trailers, signs advertising the Planned
community, and models; (iv) to use the common elements for the purpose of making
improvements within the planned community;(v) to make the planned community part of
a larger planned community or group of planned communities;(vi) to make the planned
community subject to a master association;(vii) to appoint or remove any officer or
executive Board member of the Association or any other Master Association during the
Declarant control period; (viii) to maintain Architectural Control until such time as
Declarant sells or transfers all Lots in the subdivision; and (ix) to delegate any or all of
the Declarant's rights pennanently or for limited time periods.
Section 13 LIMITED COMMON AREAS AND FACILTIES shall mean and
include the common areas and facilities, if any, which are reserved for the use of a certain
Lot or Lots to the exclusion of other Lots, as more specifically defined herein, and as
shown on the any plat s of the subdivision recorded in the New Hanover County Registry.

ARTICLE lI
PROPERTY RIGHTS AND EASEMENTS
Section 1 OWNERS PROPERTY RIGHTS AND EASEMENT OF
ENJOYMENT Every owner shall have and is hereby granted a right and easement of
enjoyment in and to the common areas, if any, and all roads, streets, drives and rights of
way in Rachel Gardens, which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
A. The Declarant, and after the period of Declarant control, the Association may
make and amend reasonable rules and regulations governing use of the
common elements by the owners and non -owner members;
B. The right of the Declarant, and after the period of Declarant control, the
Association to suspend the voting rights and privileges of an owner for any
period during which any assessment against his lot remains unpaid and for a
period not to exceed (60) days for any violation of its published rules and
regulations;
C. The Declarant, and after the period of Declarant control, the Association may
grant a security interest in or convey 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 (80%) eighty percent of the members, excluding the developer;
provided, however, that the Declarant, and after the period of Declarant
control, the Association may without the consent of the Owners grant
easements, leases, licenses and concessions through or over the common
areas. No conveyance or encumbrance of common elements shall deprive any
Lot of its rights of access or support.
D. The right of the Declarant, and'after the period of Declarant control, the
Association to impose regulations for the use and enjoyment of the common
areas, if any, and improvements thereon, which regulation may further restrict
the use of the common area.
Section 2. EASEMENTS IN FAVOR OF DECLARANT AND THE
ASSOCIATION. The following easements are reserved to Declarant and the
Association, their agents, contractors, employees, successors and assigns:
A. The Declarant reserves the unto itself, its successors and assigns, a perpetual,
alienable, and releasable easement and right of way, on, over, and under the
ground for men and equipment to erect, maintain, inspect, repair, and use
electric and telephone pole, wires, cables, conduits, fences, sewers, water
mains and other suitable equipment for the conveyance and use of electricity,
telephone equipment, gas, sewer, water or other public conveyances or
utilities on, in of over each lot, all easements and setbacks shown on the
recorded subdivision plat, the rights of way of roads and streets, and such
other areas as are shown on the plat of the properties recorded, or to be
2

recorded, in the office of the Register of Deeds of New Hanover County,
provided further, that the Declarant may cut drain ways for surface water
whenever such action may appear to the Developer to be necessary in order to
maintain reasonably standards of health, safety, and appearance. These
easements and rights of way expressly include the right to cut any trees,
bushes or shrubbery, make any grading of the soil, or 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
Declarant further reserves the right to locate wells, pumping stations, and
tanks within residential areas on any walkway, or on any residential lot now or
subsequently designated for such use or to locate same upon any lot with the
permission of the owner of such lot. 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 of service.
B. The developer reserves the right to subject the real property in this subdivision
to a contract with the Progress Energy/Carolina Power and Light, their
successor or assigns, for the installation of street lighting, which requires a
continuing monthly payment to Progress Energy/Carolina Power and Light by
each residential customer.
C. Easements over all streets and roads, access easements, and the common areas
within the planned community as necessary to provide access, ingress and
egress to and the installation of utilities for any property and the Common
Area.
D. 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 Declarant and the Association, their successors and assigns,
and any owner, purchaser, Mortgagee, and other person having an interest in
the Planned Community, 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.
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1 Every owner of a lot shall be a member of the association. Membership
shall be appurtenant to and may not be separated from ownership of any lot.
Section 2 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 the owners
of such lot among themselves detennine, but in no event shall more than one vote be cast
with respect to any lot.
5

ARTICLE 1V
MANAGEMENT AND CONTROL
Management for the affairs of the Association, excepting architectural control,
shall be the right and responsibility of its board of directors in accordance with the
declaration and the by-laws; PROVIDED, HOWEVER, that all of the powers and duties
of the Board of Directors'may be exercised by the Declarant until such time as 75% of
the lot have been sold and conveyed by the Declarant to purchasers or until April 2009,
whichever occurs first. Management and control may be transferred to the lot owners at
any time but no later than 36 months after the happening of either of the above events.
The Developer may maintain architectural control until all lots have been sold, or until
such control shall be expressly relinquished to the Association in writing, whichever
occurs latest.
ARTICLE V
COVENANTS AND ASSESSMENTS
Section i Creation of the lien and personal obligation for assessments. Each lot
owner covenants and agrees to pay to the Association the following assessments
(collectively the "assessments"):
A. Annual assessments.
B. Special assessments.
C. Insurance assessments.
D. Ad valorem Tax assessments.
E. Working capital assessments.
These 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 charges are assessed. Such charges and reasonable attorney's fees shall
also be the personal obligation of the person who was the owner of such lot at the time
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, or a lien for
such charges has been filed in the Office of the Clerk of Court of New Hanover County
prior to transfer of title to such successor; however, such charges remain a lien on the
Lot, in any event.
Section 2 Purpose Of Annual Assesments The 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 planned community and for the maintenance, repair,
and replacement of the common elements, any limited common elements, and any
retention/detention pond(s) located within the subdivision. The funds arising from said
assessments of charges, may be used for any or all of the following purposes: Operations,
maintenance and improvements of the common areas and any limited common areas,
6

including payment of utilities, enforcing this declaration: paying taxes, insurance
premiums, legal and accounting fees and governmental charges: establishing working
capital: paying dues and assessments to any organization or master association of which
the Association is a member, and in addition, 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 prior to the conveyance of the first lot to an owner 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 monthly installments. The Association shall upon demand, and for
a reasonable charge, furnish a certificate signed by an officer of the Association setting
forth whether the assessments on a specific lot have been paid. The Initial Dues are set at
$240.00 per year, billed monthly, $20.00 per month.
Section 4 Initial Working Capital Assessment Each purchaser of a lot from the
Declarant, or its successor, shall pay to the Association a Working Capital assessment of
$100.00.
Section 5 Special Assessments For Capital Improvement 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 common area improvements or maintenance. Any such assessment shall
have the assent of two-thirds of the votes of the members who are voting in person or by
proxy at a meeting duly called for this purpose.
Section 6 Insurance Assessments The Board of Directors on behalf of the
Association as a common expense, shall at all times keep the 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
tenns and for such amounts as may be reasonably necessary from time to time to protect
the Properties and common area, which insurance shall be payable in case of loss to the
Association for all the members. The Association shall have the sole authority to deal
with the insurer in the settlement of all claims. Such insurance shall be obtained without
prejudice to the right of each rnember to insure his personal property for his own benefit
at his own expense. In no event shall the insurance purchased by the members or their
mortgagees. The Association reserves the right to assess members in an amount sufficient
to pay the cost of all such deductibles and insurance prerniums not included as a
component of the annual assessment. These insurance assessments shall include but are
not limited to Ad valorem tax assessments.
7

Section 7 Rate of Assessment The Association may differentiate in the amount of
Assessments charged when a reasonable bases for distinction exists, such as between
vacant lots and those with completed structures which can legally be occupied, or when
any other substantial difference exists between lots. However, Assessments must be
fixed at a uniform rate for all lots similarly situated.
Section 8 Commencement of Assessments Assessments for each lot shall
commence upon the date of acceptance by an owner of a deed from Declarant.
Section 9 Effect of Nonpayment of Assessments and Remedies of the
Association Any Assessment not paid within Thirty (30) days after the due date shall
bear interest from the due date at the highest interest rate allowable by law. The
Association may bring an action at law against the owner personally obligated to pay the
same, and/or foreclose the lien against the property and may pursue any other legal or
equitable remedy available. No owner may waive or otherwise escape liability for the
assessments provided for herein by nonuse of the Common area or by abandoning his lot.
The association may also establish and collect late fees for delinquent installments.
Section 10 Lien for Assessments. The Association may file a lien against a lot
when any assessment levied is left unpaid for a period of 30 days or longer.
A. The lien shall constitute a lien against the Lot when and after the claim of
lien is filed of record in the office of the Clerk of Superior Court of New
Hanover County. The Association may foreclose the claim of lien in like
manner as a mortgage on real estate under power of sale under article 2A
of chapter 45 of the General statutes. Fees, charges, late charges fines,
interest, reasonable attorney's fees, and other charges imposed pursuant to
Sections 47F-3-102, 47F-3-107, 47F-3-107.1 and 47F-3-1 15 of the Act are
enforceable as Assessments.
B. The lien under this section shall be prior to all liens and encumbrances on
a lot except (i) liens and encumbrances (specifically including, but not
limited to, a mortgage or deed of trust on the lot) recorded before the
docketing of the claim of lien in the office of the Clerk of Superior court,
and (ii) liens for real estate taxes and other governmental assessments and
charges against the lot.
C. The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of
the claim of lien in the office of the Clerk of the Superior Court.
D. Any judgment, Decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevailing party.
E. Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a lot obtains title to the Lot as a result of foreclosure of a first
mortgage or deed of trust, such purchaser and its heirs, successors and
assigns shall not be liable for the Assessments against the Lot which

became due prior to the acquisition of title to the Lot be such purchaser.
The unpaid assessments shall be deemed to be common expenses
collectible from all of the Lot Owners including such purchaser, its heirs
successors or assigns.
F. A claim of lien shall set forth the name and addresses of the association,
the name of the record owner of the Lot at the time the clairn of lien is
filed, a description of the Lot and the amount of the lien claimed.
ARTICLE V
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the
Special Declarant Rights as herein defined and the following rights, powers, and
privileges which shall be in addition to the Special Declarant rights and any other rights,
powers, and privileges reserved to the Declarant herein:
Section 1 The Architectural Control Committee/Board of Directors/Executive
Board All duties and responsibilities conferred upon the Architectural Control Committee
by this Declaration or the Bylaws 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. The Declarant shall be entitled, during the Declarant control
period, to appoint and remove the officers and members of any Executive board.
Section 2 Plan of Planned Community The right to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change,
alter or redesignate road, utility, stormwater handling facilities, drainage facilities, and all
casements and to change, alter or redesignate such other present and proposed amenities,
common elements, 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 replat any one (1) or more lots shown on the plat of
any subdivision of the property of additional property in order to create one or more
modified lots: to further subdivide tracts or lots 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 or'Lot (any lot resulting from such combination shall be treated as one Lot for
purposes of assessments): to eliminate from this declaration of any plats of the planned
community lots that are not otherwise buildable or are needed or desired by Declarant for
access or are needed or desired by Declarant for use as common area, as a public or
private roads, or as access areas, whether serving the Planned Community or other
property owned by the Declarant or others, or which are needed for the installation of
utilities, common elements or amenities, and to take such steps as are reasonably
necessary to make such re -platted Lots or tracts suitable and fit as a building site, access
area, roadway or common elements. Declarant specifically reserves the right, but not
obligation, to convert one Lot owned by the Declarant, or its successor, to Common Area
for the subdivision.
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Section 3 Amendment of Declaration by the Declarant. This Declaration may be
amended without member approval 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 incorporate or reflect any platting change as permitted by this article or
otherwise permitted herein.
F. To confonn 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 belonging to, sponsored by, or under
the substantial control of the United States Governmental 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 the property, including, without limitation, ecological controls,
construction standards, aesthetics, and matters affecting the public health,
safety and general welfare. A letter from the official of any such corporation
or agency, including, without limitation, the Department of Veteran affairs,
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, provided that the changes made substantially conform to such request
'or suggestion. Notwithstanding anything else herein to the contrary, only the
Declarant, during the Declarant Control period, shall be entitled to amend this
Declaration pursuant to this section.
ARTICLE VI
USE RESTRICTIONS, ARCHITECTURAL CONTROL AND MAINTENANCE
Section 1 Architectural Control and Maintenance After the period of Declarant
Control, the Association shall have the right and obligation to control the development
and appearance in the Planned Community, subject to the following minimum guidelines:
A. Approval of plans for building and site improvements. No house plans
will be approved unless the proposed house shall have a minimum 1000 square
feet of enclosed heated square feet, which shall be the total enclosed area within a
dwelling, provided, however, that such term does not include terraces, decks,
open porches, and like areas, provided further, that shed -type porches, even
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though attached to the house are specifically excluded from the definition of the
aforesaid term "heated square footage".
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, and after the
period of Declarant control, by the Architectural Review Committee; provided,
however, that no structure shall be constructed closer to a Lot fine than is
permitted by applicable governmental regulations.
C. The exterior of all dwellings 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, natural calamities,
or complexity of design and construction.
D. Fences shall be permitted on any Lot; provided, however, that the
design, placement, and materials of any fence are approved by the Declarant, and
after the period of Declarant control, by the Architectural Review Committee. No
fence shall be pennitted any further forward the front corners of the house on the
lot. No chain link fences may be visible from the streets that border the lot.
Clotheslines are permitted on lots, however, no clothesline may be visible from
the streets that border the lot upon which the clothesline is located.
E. Off street parking for not less than (2) two passenger automobiles
must be provided on each lot prior to the occupancy of any dwelling constructed
on said lot which parking areas and the driveways thereto shall be constructed of
concrete, brick, asphalt, or turf stone, or any other material approved by the
Declarant, and after the period of Declarant control, by the Architectural Control
Committee.
F. The Declarant may, at its option, construct and install sprinkler
systems upon some or all of the lots in the development. However after a lot with
a sprinkler system has been conveyed by Declarant, it shall be the sole duty and
responsibility of the lot owner to thereafter operate and maintain the said system
in good operational order and repair, including the repair and replacement of all
parts and materials for the irrigation wall and the entire system,
G. it shall be the continuing duty and responsibility of the lot owner to
landscape and maintain their lawns and environment in the manner that has been

approved by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee.
Section 2 - Use Restrictions
A. LAND USE AND BUILDING TYPE No lot shall be used for any
purpose other than residential purposes, subject, however, to the rights of the
Declarant contained elsewhere in this Declaration. All numbered Lots are
restricted for construction of one single farnily dwelling not to exceed two stories
in height (plus such detached garages and other accessory buildings as may be
approved in their sole discretion by the Declarant, and after the period of
Declarant control, by the Architectural Control Committee).
B. NUISANCES No noxious or offensive activity shall be carried 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 nonnal activities or
existence are in any way noxious, dangerous, unsightly, or of other nature as may
significantly 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 of unkept condition of buildings or grounds on the
Owner's lot which would tend to decrease the beauty of the neighborhood as a
whole or the specific area.
C. TEMPORARY STRUCTURES No structure of a temporary
character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be
used on any lot any time as a residence whether temporarily or pennanently
without the written consent of the Declarant, and after the period of Declarant
control, by the Association.
D. ANIMALS No animals, livestock or poultry of any kind shall be
kept or maintained on any Lot or in any dwelling except domestic dogs and cats,
or other household pets, provided they are not kept or maintained for commercial
purposes, or in such numbers as to create a nuisance prohibited by B., above.
E. TELEVISION SATELLITE DISHES AND OUTSIDE
ANTENNAS No yard statuary or TV satellite signal receiving dishes are
pennitted on any lot and no outside radio or television antennas shall be erected
on any lot or dwelling unit unless and until pennission for the same has been
granted by the Declarant, and after the period of Declarant control, by the
Architectural Control Committee; provided, however satellite dishes under 19" in
diameter which cannot be seen from the street are permitted.
F. EXTERIOR LIGHTS All light bulbs and other lights installed on
any fixture located on the exterior of any building or any lot shall be of clear,
white, non -frost or yellow bug bulbs.
G. SIGNS No signs (including "for rent" or "for sale" signs) shall be
pennitted on any lot or in the common area without permission of the Executive
Board, provided, however the Declarant may, so long as it owns any lot, maintain
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for sale signs on Declarants lots and signs on its lots and in the common area
generally advertising the planned community.
H. JUNK VEHICLES No inoperable vehicle will be penmitted on
the premises. The Association shall have the right to have all vehicles towed away
at the owner's expense.
1. SUBDIVIDING Subject to any rights reserved by the Declarant
herein, no lot shall be subdivided, or its boundary lines be changed except with
the prior written consent of the Declarant during the Declarant control period and
thereafter by the Board of Directors of the Association.
J. FENCING In order to maintain compliance with all stonnwater
permits, no fencing will be allowed within any drainage and access easernents
without express written approval by the Declarant and any applicable State,
County, or other applicable regulatory entity.
K. IMPERVIOUS SURFACE No more than 2300 square feet of any
lot shall be covered by structures or impervious materials. This allotted arnount
includes any built upon areas constructed within the property boundaries, and that
portion of the road right-of-way between the front lot line and the edge of the
pavement. Impervious materials include, but is not limited to, structures, asphalt,
gravel, concrete, brick, stone, slate, coquina, parking areas, or similar material but
do not include raised open wood decking, or the water surface of swimming
pools. Built upon area in excess of the pcnnitted arnount requires a state
stonnwater management pcnnit modification prior to construction.
This covenant, and the following covenants L and M, are intended to
ensure ongoing compliance with State stonnwater management pen -nit number(s)
SW8 021110 as issued by the N.C. Division of Water Quality. These three
covenants may not be changed without the express written approval of the N.C.
Division of Water Quality.
L. SWALES. Swales and ditches shall not be filled in, piped, or
altered except as necessary to provide driveway crossing.
M. STORMWATER. All runoff from the built upon areas on the lot must
drain into the permitted system. This may be accomplished through the use of
roof drain gutters which drain to the street, grading the lot to drain toward the
street, or grading perimeter swales to collect.lot runoff and directing them into the
stonnwater system, or into the street. Lots that naturally drain toward the street
are not required to provide these additional measures.
N. MECHANICS No mechanical or maintenance work shall be done
on cars or other machinery or equipment in the front or side yard of any home,
or in the street in front of any Lot.
O. BOATS AND RECREATIONAL VECHILES Boats, recreational
vehicles, and other similar vehicles shall only be parked on driveways or on pads,
the design and location of which must be approved by the Deciarant, and after the
period of Declarant control, by the Architectural Review Committee, and may not
be parked in the front or side yard, or in the street in front of any Lot.
P. LEASES No property shall be leased for less than 6 months.
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Q. MODULAR AND MOBILE HOMES No modular or mobile
homes shall be placed on any lot.
R. WINDOW TREATMENTS Pennanent window treatments must
be installed on all new homes within 30 days of occupancy.
ARTICLE VII
STORM WATERIRUNOFF FACILITIES
Section 1 Transfer of Permit The Association and each of its Members agree
that at anytime after (1) all work required under the Stormwater Permit has been
completed (other than operation and maintenance activities), and (ii) the Declarant is not
prohibited under DENR regulations from transferring the Stormwater Permit to the
Association, the Association's Manager shall, without any vote or approval of Lot
Owners, and within 10 days after being requested to do so, sign all documents required
by DENR for the Stormwater Permit to be transferred to the Association. If the
Association fails to sign the documents required by this paragraph, the Declarant shall be
entitled to specific performance in the courts of North Carolina requiring that the
Association Manager signs all documents necessary for the Stonnwater Permit to be
transferred to the Association. Failure of the Manager to sign as provided herin shall not
relieve the Association of its obligations to operate and maintain the stormwater facilities
covered by the Stonnwater Permit.
Section 2 Hold Harmless The stonnwater retention/detention pond(s) and
related facilities constitute Common elements/Area, and the Association is responsible
for operation and maintenance of such. The Association shall indemnify and hold
harmless the Declarant, its successors and assigns, from any obligation and costs for
operation and maintenance under the stonnwater pen -nit after the permit is transferred to
the association, as provided for above
ARTICLE VIII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
Section 1 Lots subject to declaration. The covenants and restrictions contained in
this declaration are for the purpose of protecting the value and desirability of the planned
community and the lots. All present and future owners, tenants and occupants of lot and
their guests or invitees, shall be subject to, and shall comply with the provisions of the
Declaration, as the declaration may be amended from time to time, and all Rules and
Regulations set by the Declarant, or Executive Board after the period of Developer
Control. 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 run with and bind the land and shall
bind any person having as any time any interest or estate in any lot, their heirs, successors
and assigns, as though such provisions were made a part of each and every deed of
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conveyance or lease, for a term of twenty (20) years form the date this Declaration is
recorded, after which time they shall be automatically extended for successive periods of
ten (10) years, unless amended or terminated by the Lot Owners.
Section 2 Miscellaneous 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. The remedies provided herein are cumulative and are in addition
to any other remedies provided by law.
ARTICLE VIII
RIGHTS OF INSTITUTIONAL LENDERS
Institutional lender or Institutional lenders as the tern is used herein, shall mean
and refer to banks, savings and loans, savings banks,. insurance companies, the veteran's
administration, the Federal Housing Authority, the Federal National Mortgage
Association, and other reputable mortgage lenders, guarantors, and insurers of such first
mortgages. So long as any Institutional Lender or Institutional Lenders shall hold any
mortgage upon any lot, or shall be the owner of any lot, such Institutional Lender or
lenders shall have the following rights.
A. To be furnished with at least one copy of the Annual Financial statement and
report of the association, including a detailed statement of annual carrying
charges or income collected and operating expenses, such financial statement
and report to be furnished by April 15"' of each calendar year.
B. To be given notice of the association of the call of any meeting of the
membership to be held for the purpose of considering any proposed
Amendment to the Declaration, or the Articles of Incorporation and Bylaws of
the Association, which notice shall state the nature of the amendment being
proposed, and to be given permission to designate a representative to attend
all such meetings.
C. To be given notice of default in the payment of assessments by an owner of a
lot encumbered by a mortgage held by the institutional lender or lenders, such
notice to be given in writing and to be sent to the principle office of such
Institutional lender or lenders, or to the place which it or they may designate
in writing to the Association.
D. To inspect the books and records of the Association and the Declaration,
bylaws and any rules and regulations during normal business hours, and to
obtain copies thereof, for a reasonable copying fee.
E. To be given notice by the Association of any substantial damage to any part of
the common area.
F. To be given notice by the association if any portion of the common area is
made the subject matter of any condemnation of eminent domain proceedings
or is otherwise sought to be acquired by a condemning authority.
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ARTICLE IX
GENERAL PROVISIONS
Section 1. 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
or enforce any covenant or restriction herein contained shall in no event be
deemed a waiver of the right to do so thereafter.
Section 2. Severability. Invalidation of any one of these covenants
or restrictions by judgment or court order shall in no way affect any other
provision which shall remain in full force and effect.
Section 3. Amendment of Covenants. Except as otherwise provided
in these Covenants, the terms herein may not be amended during the period of
Developer Control. After the period of Developer Control the terms herein may
not be amended unless seventy five percent (75 %) of the Lot Owners agree to
such amendment at a meeting duly called for the purpose of voting on such
changes. Any amendment approved shall be evidenced by a writing setting out
such amendment, which shall be signed by all Lot owners approving, and which
writing shall be recorded in the Registry of New Hanover County. In no event
shall any amendment be effective to remove or modify any of the Declarant's
rights without the written approval of the Declarant.
IN WITNESS WHEREOF, SECOF, LLC, the Declarant has caused this
instrument to be executed by its duly authorized Member/ Managers (s), all the
day and year first above written.
SECOF, LLC
By:
Member/Manager
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STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER
I, , a Notary Public in and for the
aforesaid State and County of , do hereby certify that
came before me this day and
acknowledged that he is of SECOF, LLC,
a North Carolina Limited Liability Company, and that by authority duly given and
as the act of the company, the foregoing instrument was signed in its name by him
as its president Member Manager.
Witness my hand and official stamp or seal, this the day of
.2003.
Notary Public
My commission expires:
IIFS1\SYSIAPPSIMSWDOCS\Robert\Racne! Gardens Declar.doc
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