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HomeMy WebLinkAboutSW8030818_Current Permit_20210127 TA ROOF COOPER Governor MICHAEL S.REGAN secretary auu+ BRIAN VVRENN NORTH CAROLINA Directar Environmental Quality January 27,2021 St. James Development Co.,LLC Attn: Mr.John Atkinson,Manager PO Box 10879 Southport,NC 28461 Subject: Approved Minor Modification Stormwater Permit No. SW8 030818 St.James Plantation-Paladin Club,Ph 3 Brunswick County Dear Mr.Atkinson: On January 21,2021,the Wilmington Regional Office of the Division of Energy,Mineral and Land Resources received a complete minor modification application for changes to the approved plans for Stormwater Management Permit Number SW8 030818. It has been determined that the nature of the proposed change meets the definition of a minor modification in that it does not result in an increase in the size of the permitted stormwater control measure(SCM)and does not increase the amount of built-upon area. The following minor modifications are included and covered by this permit: 1. The total number of lots was reduced from 228 to 212. 2. The impervious area was reallocated to match the covenants. This resulted in 865,240sf of impervious area for"future"allocation as summarized in Attachment B. 3. The project was not built per the original plans. Swales were put in alternate locations and the lot configuration changed. Both the permittee and the HOA agreed to the changes and have submitted a signed and notarized"Permittee Construction Certification"that the constructed configuration has been stable for many years and is functioning as the original permit had intended. Plants reflecting the constructed configuration have been approved. We are forwarding you an approved copy of the modified plans for your files. Please replace the previously approved plan sheets with the new ones. Please replace the previously issued permit with the revised permit. This revised permit does not impose new or different terms; it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. Please be aware that all terms and conditions of the permit issued on January 27,2021 and modified as attached, remain in full force and effect. Please also understand that the approval of this minor modification to the subject State Stormwater Permit is done on a case-by-case basis. Any other changes to this project must be approved through this Office prior to construction.The approval of this minor modification does not preclude the permittee from complying with all other applicable statutes,rules,regulations or ordinances which may have jurisdiction over the proposed activity and obtaining a permit or approval prior to construction. North Carol?naDeWtment of 2.vi onmental Quality I Division of Energy,Mineral and Land Resources Wilmington Regional Office I i27 Cardinal Drive Extension I Wilmington,North Carolina 28405 tKP.TH C.ARp.lNA "' wtl"�°""m0�"4 410.796.7215 If you have any questions concerning this matter,please contact Kelly Johnson in the Wilmington Regional Office at(910) 796-7335 or kelly.p.johnson@ncdenr.gov. Sincerely, Brian Wrenn, Director Division of Energy, Mineral and Land Resources Enclosures: Attachment B—Built-Upon Area Allocation Application Documents DES\kpj: \\\Stormwater\Permits&Projects\2003\030818 LD\2021 01 permit minor 030818 cc: Mark Brambell,President,Terra Novo Consulting,LLC. 3201 Wickford Drive,Wilmington,NC 28409 Brunswick County Engineering NCDOT District Engineer Wilmington Regional Office Stormwater File 2 St.James Plantation-Paladin Club Phase 3 Permit No.SW8 0308 t 8 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY,MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT LOW DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO St. James Development Company, LLC St. James Plantation-Paladin Club, Phase 3 Brunswick County FOR THE construction, operation and maintenance of a 30% low density subdivision with a curb outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications, and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources and considered a part of this permit. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: I. DESIGN STANDARDS 1. Each of the 212 lots is limited to the maximum square footage of built-upon area.as indicated in Attachment B. CAMA regulations may reduce the built-upon area for those lots within the AEC. 2. The overall tract built-upon area percentage for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater rules. 3. This project proposes a curb outlet system. Each designated curb outlet Swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 4. No piping shall be allowed except those minimum amounts necessary to direct runoff beneath an impervious surface such as a road or under driveways to provide lot access. 5. Runoff conveyances other than the curb outlet system swales, such as perimeter ditches, must be vegetated with side slopes no steeper than 3:1 (H:V). 3 St.James Plantation-Paladin Club Phase 3 Permit No.SW8 030818 II. SCHEDULE OF COMPLIANCE 1. Curb outlet swales, vegetated areas and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for their intended use prior to the construction of any built-upon surface,per the approved plans 2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated conveyances will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater management systems at the design condition to include: a. Inspections b. Sediment removal. C. Mowing, and revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism.. 4. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 5. Each lot in the subdivision covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. 6. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the Register of Deeds prior to the sale of any lot. 8. The following deed restrictions and protective covenants related to stormwater management have been recorded with the county County Register of Deeds, are incorporated by reference, and must be maintained in perpetuity: a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management Permit Number 030818, as issued by the Division of Energy,Mineral and Land Resources under NCAC 2H.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. C. These covenants are to run with the land and be binding on all persons and parties claiming under them. d. The covenants pertaining to stormwater may not be altered or rescinded without the express written consent of the State of North Carolina, Division of Energy, Mineral and Land Resources. e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Energy, Mineral and Land Resources. 4 St.James Plantation-Paladin Club Phase 3 Permit No.SW8 030818 f. The maximum built-upon area per lot is listed in the table above in section 1-1. This allotted amount includes any built-upon area constructed within the lot property boundaries, and that portion of the right-of-way between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Filling in,piping or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development except for average driveway crossings, is prohibited by any persons. h. Lots within CAMA's Area of Environmental Concern may have the permitted built-upon area reduced due to CAMA jurisdiction within the AEC. i. Filling in,piping or altering any designated 5:1 curb outlet Swale or vegetated area associated with the development is prohibited by any persons. j. A 30' vegetated buffer must be maintained between all built-upon area and the Mean High Water line of surface waters. k. All roof drains shall terminate at least 30' from the Mean High Water mark. 1. This project proposes a curb outlet system. Each designated curb outlet Swale or 100' vegetated area shown on the approved plan must be maintained at a minimum of 100' long, maintain 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner,maintain a dense vegetated cover, and be located in either a dedicated common area or a recorded drainage easement. 9. All roof drains must terminate at least 30' from the Mean High Water mark. 10. Prior to transfer of ownership, the swales must be inspected and determined to be in compliance with the permit. Any deficiencies will be repaired or replaced prior to the transfer. 11. All curb outlet swales and 100' vegetated areas must be located in recorded drainage easements or dedicated common areas. The final plats for the project will be recorded showing all such required easements and common areas, in accordance with the approved plans. 12. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit,the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 13. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification 5 St.James Plantation-Paladin Club Phase 3 Permit No.SW8 030818 14. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. a. Redesign or addition to the approved amount of BUA or to the drainage area. b. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. C. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. d. The construction of any allocated future BUA. e. Adding the option to use permeable pavement or#57 stone within the lots as a permeable surface. The request may require a proposed amendment to the deed restrictions and protective covenants for the subdivision to be submitted and recorded. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 15. This permit is not transferable to any person or entity except after notice to and approval by the Director. The permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at least 60 days prior to any one or more of the following events: a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale that is made subject to the recorded deed restrictions and protective covenants; b. The assignment or conveyance of declarant rights to another individual or entity; c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association, subject to the requirements of NCGS 143-214.7(c2); d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14- 05 or NCGS 57D-6-07 and 08; e. Bankruptcy; f. Foreclosure, subject to the requirements of Session Law 2013-121; III. GENERAL CONDITIONS 1. Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 1.43 Article 21. 3. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification,transfer, or rescission; however,these actions do not stay any permit conditions. 4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit,revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al. 6 St.James Plantation-Paladin Club Phase 3 Permit No.SW8 030818 5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Energy, Mineral and Land Resources accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. The permittee is responsible for compliance with the terms and conditions of this permit until the Division approves the permit transfer. 6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which have jurisdiction. If any of those permits result in revisions to the plans, a pen-nit modification must be submitted. 7. The permittee grants permission to DEQ Staff to enter the property during business hours for the purposes of inspecting the stormwater control system and it's components. 8. The permittee shall notify the Division of Energy, Mineral and Land Resources of any name, ownership or mailing address changes within 30 days. 9. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 10. Current Permittee Name or Address Changes: The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division website) to the Division.within 30 days to making any one or more of the following changes: a. A name change of the current permittee; b. A name change of the project; C. A mailing address change of the permittee; 11. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Neither the sale of the project, in whole or in part, nor the conveyance of common area to a third party constitutes an approved transfer of the stormwater permit. Permit modified and reissued this 271h day of January 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Brian Wrenn, Directot Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission 7 Attachment B-Paladin Phase III SW8 030818 Existing Impervious Allocation as per 08/24/2005 Acres Total Low Density Project Area 240.47 Total Impervious Area Allowed at 30% 72.14 Lot Lot Single Family Sq.Ft. Count Acres Single Family Sq.Ft. Count Acres 10,7501 228 56.27 Marsh Field Drive Lots 27,28,30,31,32 7,500 5 0.86 0.00 Marsh Field Drive Lots 29 9,000 1 0.21 0.00 0.00 Wynston Court Lots 171-177 7,500 7 1.21 0.00 0.00 1 thru 215 10,570 215 52.17 Total Lots 2,451,000 228 56.27 Total Lots 2,371 550 2281 54.44 Roads 539,343 12.38 Roads 539,343 1 12.38 Sidewalks 5' 75,859 1.74 Sidewalks 5' 75,859 1.74 Golf Course Cart Paths 10' 76,803 1.74 Golf Course Cart Paths 10' 75,803 1.74 Golf Course Structures Golf Course Structures Golf Course Future Allocation Golf Course Future Allocation ,Developer For Future Allocation Develo er For Future Allocation 79,450 1.82 POA For Future Allocation POA For Future Allocation Total Impervious Area 3,142,005 72.13 Total Impervious Area 3,142,005 72.13 Proposed Impervious Allocation Lot Existing Single Family Sq.Ft. Count Acres Covenants Reserve Wyndmere Lots 27,28,30 31,32 7,500 5 0.86 7,500 Reserve Wyndmere Lot 29 9,000 1 0.21 9,000 Reserve Moss Hammock Lot 171-177 7,600 7 1.21 7,500 Reserve Marshfield Section 3 Plat 3 Lots 30 14,000 1 14,000 Reserve Marshfield Section 3 Plat 3 Lots 31-44 7,500 14 2.41 7,500 Reserve Marshfield Section 4 Plat 1 Lots 19-29 7,500 11 1.89 7,500 Reserve Bridgewater Section 9 Plat 5 Lots 1-10 7,500 10 1.72 7,500 Reserve Bancroft I Section 9 Plat 1A Lots 1-5,54-27 7,500 9 1.55 7,500 Reserve Bancroft I Section 9 Plat 1 B Lots 16-23 7,500 8 1.38 7,500 Reserve Bancroft I Section 9 Plat 1C Lots 6-13,14A, 15 7,500 10 1.721 7,500 Reserve Bancroft I Section 9 Plat 1 C Lot 14B 9,200 1 0.21 9,200 Reserve Bancroft I Section 9 Plat 2D Lots 28-36 7,500 9 1.55 7,500 Reserve Bancroft I Section 9 Plat 2E Lots 37-54 7,500 18 3.10 7,500 Reserve Bancroft I Section 9 Plat 5B Lots 55-64 7,500 10 1.72 7,500 Reserve Bancroft I Lots 65-66 7,500 2 0.34 7,500 Reserve Bancroft II Section 9 Plat 2A Lots 1-10 7,500 10 1.72 7,600 Reserve Bancroft II Section 9 Plat 2B Lots 11-24 7,500 141 2.41 7,500 Reserve Bancroft II Section 9 Plat 3A Lots 25-34&72-80 7,500 191 3.27 7,500 Reserve Bancroft II Section 9 Plat 4B Lots 35-50&52-63 7,500 281 4.82 7,500 Reserve Bancroft II Section 9 Plat 4B Lot 51 7,560 1 0.17 7,560 Reserve Bancroft II Section 9 Plat 4A Lots 64-71 7,500 8 1.38 7,500 Reserve Bancroft II Section 9 Plat 2C Lots 81-85 , 7,500 5 0.86 7,500 Reserve Bancroft II Section 9 Plat 2F Lots 96-90 7500 5 0.86 7,500 Reserve Bancroft II Section 9 Plat 2G Lots 91-96 7,500 6 1.03 7,500 Total Lots 1,685,760 212 36.40 Roads 539,343 12.38 Sidewalks 5' 75,859 1.74 Golf Course Cart Paths 10' 75,803 1,74 Golf Course Structures Golf Course Future Allocation Developer For Future Allocation 865,240 19.86 POA For Future Allocation Total Impervious Area 3,142,006 72.13 DEMLR USE ONLY Date Received Fee Paid Permit Number l a aaav $ — Svc8 030F1 S' STORMWATER PERMITTING FORM 7: MINOR MODIFICATION ��� � Standard Permitting Program—No Fee for Minor Modification NOV 02 2020 i Express Permitting Program—See Express Fee Schedule %Cflili61NLII@)q,IIR0 i Only complete applications packages will be accepted and reviewed. This form and the required items(with original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determined by locating the project on the interactive online map at.- http://d`eg.nc..ovlcontactlregional-offices. This form is to only to be used by the current permittee to notify the Division of a minor modification. Pursuant to Rule 15A NCAC 02H.1002, a minor modification is a change to the project that.- 1) does not increase the net built-upon area;and/or 2) does not change the size or design of the SCM(s). F. A. GENERAL INFORMATION 1. State Stormwater Permit Number: SW8 030818 2. Current Permit Holder's Company Name/Organization: St. James Development Co any. LLC 3. Signing Official's Name: John Atkinson Ca. 4. Signing Official's Title: Manager �, �b5 5. Mailing Address: PO Box 10879 (jj'' y��f b� City: Southport State: NC ZIP: 28461 6. Street Address (if different): City: State: ZI P: 7. Phone: (910)253-3001 Email: atkinsonm6ftellsouth.net 8. Describe the minor modifications that you are requesting, including any revised BUA allocations(attach additional pages or supporting tables similar to Section 1V.10 of the original application, if needed): Reduction in the total number of lots from 228 to 212. Reallocation of Lot BUA to match covenants resulting in 865,240 SF reallocated to future allocation See Attached Exhibit"A" Project Total BUA remains unchanged at 3,142,005 SF B. SUBMITTAL REQUIREMENTS Please mark"Y"to confirm the items are included with this form. Please mark V if previously provided. If not applicable or not available, please mark N/A.: Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form. Y 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the originally approved plan sheets). Y 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective covenants OR the proposed recorded deed restrictions and protective covenants documenting the changes and a signed agreement to provide the final recorded document. N/A 4. If applicable, the appropriate Express review fee. Stormwater Permit Form 7: Minor Modification Page 1 of 3 July 14,2017 C. CONTACT INFORMATION 1. The Design Professional who is authorized to provide information on the Applicant's behalf: Design Professional's Name: Mark Brambell Consulting Firm: Terra Novo Consulting, LLC. Mailing Address: 3201 Wickford Dr City: Wilmington State: NC Zip: 284 Phone: (910) 279-4489 Fax: Email: : markO-terra-novo.com A10V 0 2. [OPTIONAL] If you would like to designate another person to answer questions about the project: Name&Title: Organization: Mailing Address: City: State: Zip: Phone: ( ) Fax: ( ) Email: D. CERTIFICATION OF PERMITTEE I, John Atkinson the current permittee, certify that I have authorized the minor modifications listed in Section A and shown in the attached revised plan sheets. I further attest that this information is accurate and complete to the best of my knowledge. Signature: Date: 0CF � '2 1. c, ra L, a Notary Public forte State of G AC ri�. County of or , do her by certify that u personally appeared before me this the �31 day of , 20 , and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) ,,` 8�F?j������,' -e s Notary Signature �Z ��T�4rQ�' << My commission expires 1 C ` Q y; CIB L1�'; •�� •,," VFR GO v � �jjd W Stormwater Permit Form 7: Minor Modification Page 2 of 3 Oct 6,2017 r Exhibit "A" Existin-g Impervious Allocation as per 08/2412005 Acres Total Low Density Project Area 240.47 Total Impenious Area Allowed at 30% 1 72.14 Lot Lot Single Family Sq.Ft. Count Acres Single Family Sq.Ft. Count Acres 10750 228 56.27 Marsh Field Drive Lots 27,28,30,31,32 7500 5 0.86 0.00 Marsh Field Drive Lots 29 9000 1 0.21 0.00 0.06 Wynston Court Lots 171-177 7500 7 1.21 0.00 0.00 1 thru 215 10570 215 52.17 Total Lots 2,451,000 228 56.27 Total Lots 2,371,550 228 54.44 Roads 539,343 22.38 Roads 539,343 12.38 Sidewalks 5' 75,859 1.74 Sidewalks 5' 75,859 1.74 Golf Course Cart Paths 10' 75,803 1.74 Golf Course Cart Paths 10' 75,803 1.74 Golf Course Structures Golf Course Structures Golf Course Future Allocation Golf Course Future Allocation Developer For Future Allocation Developer For Future Allocation 79,4501 1 1.82 POA For Future Allocation POA For Future Allocation Total Impervious Area 3,142,005 72.13 Total Impervious Area 3,142,005 72.13 Proposed Minor Modification Impervious Allocation Lot Existing Single Family Sq.Ft. Count Acres Covenants Reserve Wyndmere Lots 27,28, 30,31,32 7500 5 0.86 7500 Reserve Wyndmere Lot 29 9000 1 0.21 9000 Reserve Moss Hammock Lot 171-177 7500 7 1.21 7500 Reserve Marshfield Section 3 Plat 3 Lots 30 14000 1 14000 Reserve Marshfield Section 3 Plat 3 Lots 31-44 7500 14 2.41 7500 Reserve Marshfield Section 4 Plat 1 Lots 19-29 7500 11 1.89 7500 Reserve Bridgewater Section 9 Plat 5 Lots 1-10 7600 10 1.72 7500 Reserve Bancroft I Section 9 Plat 1A Lots 1-5,54-27 7500 91 1.55 7500 Reserve Bancroft I Section 9 Plat 1B Lots 16-23 7500 8 1.38 7500 Reserve Bancroft I Section 9 Plat 1C Lots 6-13, 14A, 15 7500 10 1.72 7500 Reserve Bancroft I Section 9 Plat 1C Lot 14B 9200 1 0.21 9200 Reserve Bancroft I Section 9 Plat 2D Lots 28-36 7500 9 1.55 7500 Reserve Bancroft I Section 9 Plat 2E Lots 37-54 7500 18 3.10 7500 Reserve Bancroft I Section 9 Plat 5B Lots 55-64 7500 10 1.72 7500 Reserve Bancroft I Lots 65-66 7500 2 0.34 7500 Reserve Bancroft II Section 9 Plat 2A Lots 1-10 7500 10 1.72 7500 Reserve Bancroft II Section 9 Plat 2B Lots 11-24 7500 14 2.41 7500 Reserve Bancroft II Section 9 Plat 3A Lots 25-34&72-80 7500 19 3.27 7500 Reserve Bancroft II Section 9 Plat 4B Lots 35-50&52-63 7500 28 4.82 7500 Reserve Bancroft II Section 9 Plat 4B Lot 51 7560 1 0.171 7560 Reserve Bancroft II Section 9 Plat 4A Lots 64-71 7500 8 1.38 7500 Reserve Bancroft II Section 9 Plat 2C Lots 81-85 7500 5 0.86 7500 Reserve Bancroft II Section 9 Plat 2F Lots 96-90 7500 5 0.86 7500 Reserve Bancroft II Section 9 Plat 2G Lots 91-96 7500 6 1.03 7500 dotal Lots 1,585,760 212 36.40 Roads 539,343 12.38 Sidewalks 5' 75,8 1.74 Golf Course Cart Paths 10' 75,80303 1.74 Golf Course Structures Golf Course Future Allocation NOVM�/� Developer For Future Allocation 865,240 19.86 O Q 2 MD POA For Future Allocation Total Impervious Area 3,142,005 72.13 BY: Stormwater Permit Form 7: Minor Modification Page 3 of 3 Oct 6,2017 Permittee Construction Certification The permittee hereby certifies the following general requirements comply with the State Low-Density Stormwater Management Permit SW8 030818 ;.. 15A NCAC 2H .1003(1): CALCULATION OF PROJECT DENSITY. 15A NCAC 2H .1003(2) (a): DENSITY THRESHOLDS 15A NCAC 2H .1003(2) (b): DISPERSED FLOW 15A NCAC 2H .1003(4): VEGETATED SETBACKS. 15A NCAC 2H .1003(7): DEED RESTRICTIONS AND PROTECTIVE COVENANTS. The permittee hereby certifies by signing this Permittee Construction Certification that the system as installed provides equal protection as the current permit configuration and as such complies with the following conditions in State Low-Density Stormwater Management Permit SW8 030818. 15A NCAC 2H .1003(2) (c): VEGETATED CONVEYANCES 15A NCAC 2H .1003(2) (d): CURB OUTLET SYSTEMS "Permittee Constructed Certification" means that the system is in place to maximize dispersed flow and ensuring that stormwater conveyances are vegetated and are currently operating in a manner to prevent erosion in the peak flow from the 10-year storm. It is understood that. 1. Swale locations may have been altered from the approved permit. 2. If piping is directing runoff it is either permitted and or discharging into a pond and or another vegetated conveyance system. 3. 15A NCAC 2H .1003(2)(d) (iii) and (iv) are maintenance items and will be covered under the new O&M agreement. I '"c""J, the current permittee, certify that this permit complies with the design objectives of the low-density permit and that this information is on is accurate and complete to the best of my knowledge. Signature ignatur Date: /6 1 a a r'd h^6 1 , a Notary Pu lic for the State of Count of 0 V e do hereby certify that U � " as o i-- personally appeared before me this the day of -er 20-9-3 and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, ,.PBRq'� �+-. •e� • �pIA,, (Notary Seal) -,,y UB�', „E R"kit Notary Signature My commission expires L ec��, C/ Signature I, �GfrY �IfSLW , the current HOA President, certify that this information as it relates to the Permittee Construction Certification has been reviewed by us and as such we are willing to accept the permit transfer into our name. Signat Date: .5a 71-�rll a N tary Public for the State of Cou ty of do hereby certify that ersonally appeared before me t is the Wu day of 20-dL and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, BARBARA WARD No.201833200072- (Notary Notary Public North Carolina Seal) Brunswick County My Commission Expires November 18,2023 Notary Signature _-,&&^I My commission expires 8 Signature %L111IIIIIIIIIIIII1I III III1III 83 59 Pii@8mm� - 'PR jtok County, NC Register of Deeds page 1 of 8 . j :. . ._.._.l�_.. . .;. .. _.L�.. ;m'li ..__....__._.._.. y �• �;,.;.t:ir..rats..,.....'.bii,;i%i:irlr,�ijitr.-i! Declaration of Restrictive Covenants and Easements for St. James Plantation F The Reserve, Bancroft I Neighborhood (Lots 65-66) NORTH CAROLINA—BRUNS WICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of IZ!-""L& , 2014, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WFIEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Bancroft I Neighborhood, Lots 65-66, St. James Plantation, recorded in Map Cabinet Pages Brunswick County Registry (said numbered lots are heremafter referred to individually as a"Lot"and collectively as the"Lots"and the afbresaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended,the "Master Declaration'), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; s WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants,conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 3989590 Prepared b : Schell Bra JCK) p Y Y PLLC( (Without Title Search) + I r III NEI( ! iiip16-47:34..000 IN 1��I� M. Clemmons PROPswick County, Nister s page 2 of 8 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be,included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces:and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. ArchitecturaI Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within.twelve (12) months. 398959vl - 2- v, ' qL11 l ll IlBlllllllllllllllll�l1l Br3559 eadpiglsPROPswick County, NC Register of Deeds page 3 of 8 J Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling sbaf be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot;provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a comer Lot shall be the street upon which said Lot has the least frontage, (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five (5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 398959v1 -3 W 0@ 25 2014 OUT 11111111111111111 IN 11111111 ME p1111 mm ng:34.PROP; Brunswick County, NC Register of Deeds page 4 of a No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 398959v1 -4- 4 �� lll�llliqpka :47:34.0 is zs-ze.a runswick County, NC Register. of Deeds page U of 8 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, flee of debris,rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Wader Quality. The maximum permitted built-upon area per I.; i 3 7 5(?f. ,l �_a- feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the fiont Lot i 398959v1 -5 - i 08 25 2014 Iiilll II 11111 Jill I Jill I Jill III 1#�! t!113m Sn77-34.�0R p; Brunswick County, NC Register of Deeds page B of 8 ! line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from.wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. 'Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. i 398959v1 - 6- I dill Ill ll Ili 111 Ill 1NI hl ll II I��I 3559 P1 i 14 0a-28,2014 rends I 880 Brunswick County, C Register of Deeds M. Clemm.. PROP page 7 of a r 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same,either to restrain the violation or to recover darnages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] i i 3 S { 1 1 398959v1 - 7- I i I Jill 111111111 Jill III Jill 111111111111113559 M 47 34,PROP 000 Brunswick County, NC Register of Deeds page 8 of 8 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO., LLC By: ,! e M , Rdbert F. Masters,Authorized Agent BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document:ROBERT F.MASTERS. Date: 20/11 4 �t Offic' Signatu to of Notary (Official Seal) (( �� /1 �_c__r► (VY) P • a (l, s ,Notary Public Printed or typed name My commission expires: JBRILVPJ A.MULLIS NOT ml iv PUBLIC Brunsusrick County North Carolina My Caltmdss on Expires January 19,2019 398959v1 - 8 - I I 25-2014 ', Brenda p1�ismo ns PROP, Brunswick County, NC Register of Deeds page I of 2 Presenter ........... 1- (......... c Finane. ell' 11)ardillon 141 J by 01-1911A thol. ii`prjilwj of coped. Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Bancroft I Neighborhood (Lots 65-66) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2014, by St James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Bancroft I Neighborhood, Lots 65-66, St.James Plantation, recorded in Map Cabinet SS Page IS Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the 'Master Declaration!% and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article V111, Section I of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; 398961vl Prepared by: Schell Bray PLLC(SCIC.) (Without Title Search) II I l 11 l l 11 II II I I I I II IIII I III II III I III 83nda 9 F11zl mm ng:34'PROP Brunswick County, NC Register of Deeds page 2 of 2 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO., LLC By: &E6e1-H:VAa&", Robert F.Masters,Authorized Agent BRUNSWICK COUNTY—NORTH CAROLINA I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document:ROBERT F. MASTERS. �. Date: ,20 —11, Of c' Signat re of Nota (Official Seal) ,' -S Notary Public Printed or typed name My commission expires: 1 JERM"IN A.Mut_us NOTIAw PuBtrtc Brunswick County North Carolina ,My Commission ftPirea January 19,2019 398961v1 - 2- ` Crtlll ,Common Ar. and Certain Eassrne tv NOTES- FI NM .elr< cde of OwrMp . FRONT se.30'0' 1. Areas calculated by coordinates. St James Development Co.. LLC ('SO') hereby certMke that it I. e RESERVE II.PHASE I SAu.10'REAR= 2. No.5 Nbar set at IN owns unless othr.W ld.ho owr of the lots sha.n hrem. ..,.� W,NDEMERE 3. No NCOS mmanent located within 2000'. Owns hreby certifies that it k the amr of the private street riJA J r way whoen hie-. AVAL 4. Ths Omer of this property k St Jame Development Cm.LLC and rest St Janes Inc..PO lbw 1067g,Sou Nartln CrdFo 20461. a g10-253-3001. The Owns, by racardatlon Or this plat. has designated certain areas SEASIDE CLUB, LOT 65. 14.771 SO•FT.OR 0.34 ACRES ; loges aro service mob Una autlnadzed ue k not shown hraan m Common Area. The Common Areas are not PHASE I LOT 65= 14.a32 50.FT OR 0.34 ACRES St.Jane Pla latian ewne andCOMMON AREA- 11.416 SO.FT.OR 0.26 ACRES permitted. AIM by the general public but are to be conveyed to St. Jonas PlProperty Owners' Aseoelaflon, Fc. (the "Aseoegtlan") far tM uTOTAL AREA- 41.019 SO.FT.OR 0.94 ACRES S ThY prapart Y zoned EPUD ander the Town ar St.Janes llrhUled DerelapneM enpymentof Property owner In 5t Jane Plantotlm,subject h coWOOCLANU' OMFarnca.Pia!site adWadhe: total am of subdivided tract I.D.94 a.. and resNv4orhs set forth F the Master Declaration of Covestaints,CPARK WEST numbr at pscale created 1.2,total length•f read.created Y 0 If. and Restric ims fr St. Janes Plantation retarded In Book 09 at Pa6. ThY r itY Y F Flared Ions x(ahrtsi0s of 100- Srunewici Canty Regitry,w amended. P Op yea flood zone)a•shown-RE CURVE TABLE S.2 Flood baaanw Rah Mqo CannwlnNy Pond rMror 3720206700 dated June T•na ¢ane 4o dnnrpor n,c abl MerMrehp Carpaadon,II,PHASE Iri' 6.200& elgdh-s Yenhberdip Corpaaim, cd4e TV provide m dnukpatedCURVE RADIUS LENCiH BEARMC pSTANCE AssadaNan, and their respective wroeesers and assigns, a none N WOODLANDS C7 7 7. The streets allover an this plot arc privet.and are to be conveyed to St.James easment to Frtdl and maintain that r.spectiro udtiy IFm. .tea. aLIJ NPARK EAST C2 Plantation Property OwnWs'Apxktlon,Inc.a Common Area subject to the Masterand pbs rttfhF the Comm- fleas, for the purpose d providng7F. C3 1' 'W 1' Declaration resided In Book SM at Page 45A are amended,and subject to the MMthIn the 0e 1qment(as defined In the Matter Oeclaatlon), tog.WEasrrwnte far pub.recorded In Boob 2722 at Page SM.B,aawi*CountyRegistryright of lhgm and e¢es over and upon the Common Are.fpurpwe,provided that such rights must be used In a manner that inQr 6. MFYnum baYdkq setbacks era m MIo.A(ceder aived In rnNrhq by the IlfilewpasseM with the we of the Comm- Area. by the Asa ArchReeSurd CanmNtw of the PDA and ond the membate thereof.prmMtd by aPWkr01e z-F9 Z �F requ►ementa): front 30';fer: 45; side IO' Owner rsserves far Rsof,nor successan and assigns, a norw.chrslve right of way and easrnent far Ingress and e¢es over and upon the Comm- Q yVq p 9. Minimum d.dlYq size and mawFwxn butt�q-rear(Fnpivicae towage) and the for the Inst4ation and maintenance of drainage fac4Mleii VICINITY MAP s re,frlatl-g r•.et tar,b F the R.efrYth•Covenants appYeoble to this plot,which utYRYs (Including irrigation) F the Cann- Areas. and such a �\ 1.to be reard.d In the Bnns.kk Count Registry. [ V* Ni'S P' Y In Om"It,as show atheDeclaration of describedRstricthro C a thisnts F thole to this lot to a f\ t0.F addition to ememante sp•cmcoYy alrorn-this plat,easements-all lots as sub pp swved In the R.strktive Covenants m hollows. (a)for drainage and uHRies 5' right otl by and a and recorded In the Brunswick County Registry. right of way ond easements may be assigned In stide or F pat. 1 Felde front and eWa property Ile,5'Ftlde roar property Ilea N Moro is- abuttNg lot to the rear,and 10'Inside sea 4raperty(Ines R mere Is not an St Janes Oeveleapmert Ca.,LLC \ r abuNing lot to the rear; (b)for pathways IS inside all property*we abutting a , / and �d(e)for drgFage and maintenance dtlnF and 15'artwrd ham all lalerJ ell r ` Robert� a Mastro.Authorized Agent `\\V\Y\v\ lrr.- '-k�• � / First St Jams,Inc. Rebut F.Maders,Vise President \ on y� rt ee- tlo we r SEdewesystr STa JAMES / IRF have been approved for the shrbdvisim that includes this Plat. Th. CONTROL CORNER at41Ns haw been cornstructed, or secured via a financial guarantee, to P I A N T A T i n N 95 Bnhnewkk county standards. w 63 E N:72142.06:2272740.74 THE l E B.4N(20F7•U SEC7710N 9,PLIT2l; Direct..Iau a.►v County Utilities oat. THF.RFSSrl16'li 11C_3 PG129 RE ARJIN- BYWCROFT I \ Sr:(,r1oN 9,111_17*513 6 Rees. Officer of Brunsatrx \ County, citify thlid the map or plot to which this cw"cw*p is .VC.Jil P(:5? \ � d6eed esta statutory regn temte far o :W RshM.Officer Z- IRS 'ply z �Ev / 64 h a u / \ kc�� ��d� \ \ CEHTLe1�TE of F1rCMPTON �7 �G�v xg 7C 8 F r.G / I hereby certify that the dlvWon of land shown and z A a d.scrilbad hare/ on is not a division of land subject Q : O§g z y to the Town\� St. Jame Subdivision Ordinance..NO approval of Ink plat is requYsd \ / 14,,7716 SF j � SFBFR LIDO AdrtnYdstratar Date 7 0.34 AC �• qC\�l} IRS LOT{\ O z R� IRF 1„-" •t• rM'4.Tf revi.w ofgcr fa Brur"10 County \ \ / Engineering,certify that this map a plat meet.al standards and O ^W7 \ \ •\. ,rtv Q<v f �'� rehpttrn"do are set felts by Brunsski County Ordinwom with \ regard=h uut beenwYl?t�Y.pss,aks and ass nenh a a financial guarantee IRF 1S� / O\ �y� LOT 66 /�`O� �JL�....L#'.r�� t O W\ \J 1.�L 14.832 SF \ \ e.�. �172>14 Fes �j pa Fq z 0.34 AC / / itElEW OFFICER C0vn7eL �14fvE DATE `\ � V ^7qy� L O S`4� sS• LR D\ �4rroTLar.IE Or Arr-CY ANn MAPPING IR }eRga QQ�aC V�js"RF / ti^ 'Vy, '� I. TYIOIHY D,C NI'SCALE6,CERTIFY THAT THIS PLAT WAS DRAWN UNDER M �'' (1i z P w iJ h .0 B ,q SUPERVISION FROM AN ACNAL SURVEY MADE UNDO MY SUPERVISION F e.X 4ev.),, / a� ? OEscRIPTIONS RECORDED AS SWWN HEREON.THAT THE BOUNDARIES NOT FROM 1E1ID ARE w W 0LL4 O O Q+�7 4` ' I NS,y83S ADO B(7C �R5 3F�fe l \ �o ` lJ^OO�PG oPRECISION RM 1 15mEo0oo;AND LINES A51 41i ORIQ1Mls Pu WAS N ACCORD iw5.5.SHOWN AS OO C4 1-4 P4 O 3 a 14 o;3� ��pE4 9 TMOTHY G.tl1NK5CAlES PL5 LICDISE N0.L-4953 tGUt�G-�� � I O q�4e 4b �OG. �� L TIMOTHY C."JWSCAlE5.CERTIFY THAT THE SURVEY CREATES A SUSO OF LAND �1 O O (t; N qr1�, ' ,y'y �► FMREDEVELOPALE-NT �MN IM PARE�t7_- Izi OR MUNICIPALITY THAT HAS AN ORDINANCE FT - q y I 9 �3 2 ST.J.4A1ES DEVEL0PAfhT CO.,LLCAR � rL•rC,� C �w 'sS• ry DB 1407 PG'91f4 x+�' V 4 I R IRF TIMOTHY G.QINKSCAIES,PLS LICENSE NO.L-4953 11UIII1I1Npflyd J IRF a OP4, rl CCARD</!(M ' 9� ILLlIof0aaed ��uref21"T � i CC pRC nnn s E A L 5.89' I , N00'S4'34"E ( � IRF I s NO ����t>;(;F,(u((;6"IYy1F� ]T IRF CONTROL CORNER22.57' (535') N:71884.71 bus NO. 5 IRON ROD FTx1ND ���WK ifC JS PCi 18 1U9 E:2272928.08 Op. NO. 5 IRON ROD SET SCALE: 1".3O' sEu ! ----- SETBACK LINE 0 15 30 60 90 1 D nT-� ! ------- EASEMENT LINE J V_1 _J-_.� PO *"14aevs Brunmdak C3omjt4_*egister of t]eeds Robert J. Robinson Tnst: #257191 Book 2112Bage 315 03/24/2005 06:36:28pm Reclk 5RETYl(1 1'l TOTAL'S REV Ctl REC# CKAMT CK# CAt'>I1_ REF BY Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation, The Reserve Moss Hammock Neighborhood Lots 168-177 NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT AND DECLARATION is made as of Ai'C ' 2005, by St.James Development Co., LLC, a North Carolina limited liability company (St. James Development Co."), and Reserve Development Co., LLC, a North Carolina limited liability company("Reserve Development Co.") (St. James Development Co. and Reserve Development Co.are hereinafter referred to collectively as"Development Co."). WITNESSETH: WHEREAS, Development Co. owns certain property located in Brunswick County, North Carolina,and more particularly described as follows: All of the property shown on that plat of St. James Plantation, The Reserve, Moss Hammock Neigh ood, Lots 168-177, recorded in Map Cabinet&_, Page .. Brunswick County Registry (said plat is hereinafter referred to as the "Plat" and the property shown on the Plat is hereinafter referred to as the"Property"and the numbered lots shown on the Plat are hereinafter referred to individually as a"Lot"and collectively as the"Lots'). WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation is recorded in Book 839, Page 453, Brunswick County Registry (together with all amendments thereto recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise defined herein,all terms defined in the Master Declaration shall have the same meanings in this Amendment and Declaration); WHEREAS,the Master Declaration provides that a Declarant may annex additional land into the Development, and the original Declarant has assigned that right with respect to certain land, including the Property, to St. James Development Co.pursuant to that Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529, Brunswick County Registry, and to 156345_1.DOC Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Examination) Inst # 257141 Book 2112Page: 316 Reserve Development Co. pursuant to that Partial Assignment of Declarant's Rights recorded in Book 2032,Page 625,Brunswick County Registry,and; WHEREAS,the Master Declaration establishes certain covenants,conditions,restrictions and easements running with the land located in the Development, including provisions setting forth certain functions and duties of St.James Plantation Property Owners Association,Inc. (the "Association") and its Architectural Control Committee (the "ACC"), and easements and other rights reserved by Declarant; WHEREAS, Development Co. has determined to annex the Property into the Development and subject the Property to the provisions of the Master Declaration, and Development Co. also desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability thereof and of other adjacent properties. NOW,THEREFORE,Development Co.hereby declares that the Property is annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration, and to the following additional covenants, conditions, restrictions and easements, all of which shall run with the land and be binding upon every Person having any right,title or interest in such land or any part thereof,their heirs,successors and assigns,and shall inure to the benefit of each Owner thereof.. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Reserve Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Reserve Development Co. Reserve Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Reserve Development Co. A combined Lot may be created by (i)Reserve Development Co. replatting any two or more Lots,or(ii) an Owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted, or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot-so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot(unless an easement is specifically shown on the affected I.ot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 156345 LDOC - 2- Inst # 257141 Book 2112Page: 317 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraphs the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the ACC prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve(12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the Owner and for good cause shown, the -ACC may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the ACC. 6. Building Setback and Placement. So that the. maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors,the ACC reserves the right to determine, in its sole discretion,the location of any dwelling or other structure on any Lot;provided,however, that the following shall be minimum standards unless expressly waived in writing by the ACC (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all.Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for 156345_1.DOC -3 Inst # 257141 Book 2112Page: 318 drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other casements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage.facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the Owners thereof. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the ACC,no structure of a temporary character shall be erected,placed or allowed to remain on any Lot,nor shall any building materials be stored on any Lot. No garage or other accessory building erected on any Lot shall be used as a residence,either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the ACC. Except as required by law,no billboards,posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement,or on any Lot, except(i) a name and address sign, or(ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor,the design of which must be approved by the ACC. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they-are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, 8atelllte earth stations or similar devices shall be erewud or allowed Lu remain on any Lot,except as permitted by the Design Guidelines adopted by the ACC,as amended. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street;provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. 156345 1.DOC -4- 6 Inst # 257141 Book 2112Page: 319 (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James Plantation.in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No `off the road" vehicles of any type, including but not limited to go carts, dirt bikes,and all terrain vehicles, shall be operated within St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes,trash or garbage shall be governed by the ACC. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completod within three(3)months from the date of the casualty unless the ACC grants a written extension. lR. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush,shall be cut without the prior written consent of the ACC unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any Owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the Owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with the State Stormwater 156345_t.DOC -5- Inst # 257141 Book 2112Page: 320 Management Permit issued or to be by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of--way between the front Lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate,coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swalcs are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring.wells and pumping of water, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required,approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the ACC or the Board of Directors of the Association,the ACC or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Reserve Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs. 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 156345 1.DOC - 6- Inst 0 257141 Hook 2112page: 321 24. Term. The covenants, conditions and restrictions set forth herein shall run with the land and shall be binding on all Owners of the Lots and all persons claiming under them through April 18, 2021 (which is thirty years from the date the Master Declaration was recorded), after which time such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years unless terminated pursuant to a recorded instrument signed by two thirds (2/3) of the then Owners of all property in the Development in accordance with the requirements for termination of the Master Declaration as set forth in Article IX, Section 3 thereof. The easements reserved herein shall run with the land subject thereto and shall be binding on all owners of such land and all Persons claiming under them, except to the extent that the Person or Persons having rights to an easement have released such rights pursuant to an instrument recorded in the land records for Brunswick County, North Carolina. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 25. Amendment. Reserve Development Co. may unilaterally amend any of the covenants, conditions, restrictions and easements set forth herein so long as it still owns any portion of the Development or Additional Property, and so long as the amendment has no material adverse effect upon any substantive right of any Owner. No amendment required by any state or federal agency or to correct obvious typographical or drafting errors or inconsistencies shall be deemed material. Otherwise, the covenants, conditions and restrictions set forth herein(but not the easements)may be amended only by the affirmative vote or written consent,or any combination thereof,of members of the Association representing two thirds(2/3) of the total votes 'of each Type of Membership; provided that any such amendment.prior to April 18, 2021 shall require the written consent of Reserve Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources, Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, St. James Development Co., Reserve Development Co., the Association, and their respective successors or assigns, and each Owner of property in the Development, shall have the right to enforce, by a proceeding at law or in equity, the covenants, conditions and restrictions set forth herein, against any Person violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by St. James Development Co., Reserve Development Co., the Association, or any Owner to enforce any provision hereof shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Reserve Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Reserve Development Co. in a recorded instrument;provided,that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure,deed in lieu of foreclosure or similar means,to any portiun of the;Developineut owned by Reserve Development Co. 28. Severability. Invalidation of any provision hereof by court order shall in no way affect any of the other provisions hereof,which shall remain in full force and effect. 156345_1.DOC -7- Inst # 257141 Book 2112Page: 322 IN WITNESS WHEREOF, St. James Development Co. and Reserve Development Co. have caused this instrument to be duly executed as of the day and year first above written. First St.James,Inc.joins in this instrument for the sole purpose of consenting to the annexation of the Property into the Development, as required by the Partial Assignment of Declarant's Rights to St.James Development Co. St.James Development Co.,LLC By: ��— ohn A.Atkinson,Jr.,Authorized Agent Reserve Development Co.,LLC By its Manager,Annapolis Management Co.,LLC By: G ohn A.Atkinson,Jr.,Manager First St.James,Inc. By: G A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWIC COUNTY I, a Notary Public of said County and State, certify that JOIIN . ATK NSON, R. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of'the company. WITNESS my hand and official seal,this the / 90 day of ,20 (Notary Seal) l� ',A�pp°g"plM�q//////i Notary Publ My Commission Expires: ;`' "�p►S�PB�r�`yi . 156345 1.DOC - 8- Inst # 257141 Book 2112page: 323 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, 0 , a Notary Public of the County and State aforesaid, certify at JOHN A. AT ON, JR. personally appeared before me this day and acknowledged that he is Manager of Annapolis Management Co.,LLC,a North Carolina limited liability company, which is the Manager of RESERVE DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of and as the act of each company. WITNESS my hand and official seal this the i' day of ,20!2�57 [Notary Seal] , •;(�''(e �� Notary PublJJ My commission expires: 0 P C �eg, NORTH CAROLINA BRUNSWICK COUNTY a Notary Public of said County and State, certify that JOHN A. ATKINSON,A.personally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC.,a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the J day of&bLL�k ,20 66 (Notary Seal) % ,,,� ..�c,a�........off,�y, % Y i y 4 �;,s Notary Pubh My Commission ExpiresN tic STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 24th March 2005 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. ROE J. Rd I 8 ON,Register of Deeds BconaddL RdII tt J. Bob1EIBOR 7ffit•4997 Book 89 :'"'\ :' -=,1 ! CER70CATE REGARDING COMMON AREA AND CERTAIN EASEMENTS 03/24/2805 06:3d:29pla Ba#�OLQ r)r '� Y �awY4 I, -RE EW OFFl r ���'�r�'��E DEVFI.ORMDNT C0.,LLC&ST.JAMES DEVELOPMENT CO.,LUC VOWN>FR7 BRlIN51W0(00 R YTTAT ORY''v"' d""gyCORWTION OF 71•S PUT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN WHI THIS CER 1 6 HEREON AS COMMON AREA THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY REQUIREMENTS FOR RECORDING. O 1 'I�.� FOR USE BY 7lIE OF?ERILL RU&JC BVT K TO BE CONVEYED TO ST.JAMES PLMINED UNIT DEVELOPMENT •,� RANTADON PRW0M97 4 NNERS'ASSOCIA7 GN, EX.('D E ASSOCIADON7 WAM 1Ml 1/•�-./,► FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST.JAMES NYIBTER PLAN APPROVAL eRANTEp nAAuoNro PWITAIIDN.91A ECT To THE OONdnaNs AND RESAYATIOHS SET FOR11i REVIEW OF ER IN 14E NASTEII DECLARA710N OF CQVETNANTS,CONg710N5 AND RE5IRICTONS fOR ST.JAMES PLANTAl10N DATED NOVEMBER 28.7900 AND RECORDED IN BOOK 838.PACE 433,BRUNSNIXC CWNn REG57RY,AS AMQNOEO,WM#CN yT,M.�" 1 r VANE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE MASTER OECLARATON IS HEREBY NCORPORAIED AND MADE A PART Of n,X21 A CfERK,BRUIN' WICK COUNTY LAND SHOWN al Tw5 PUT IS WITHIN THE SUBDIVISION THIS PUT. REGULATION AND JURISDICTION OF BRUNSWICK COUNTY Q PLANNIN B AND THAT THIS PUT ALLOTMENT IS MY FREE ACT AND OWNER HEREBY GRANTS MB RSHIP NOR ORATION.MEMBERSHIP CORPORATION, "M"�NrAt IMiEAAyy 4 �T� DEED, ATLANTIC AT D BY T E ASSOCIAT CORPORATION,CABLE TV PROVIDER AS DESIGNATED BY THE ASSOCIA710N,AND 71EIR RESPECTIVE SUCCESSORS . RESERVE DEVELOPMENT CO..LLC AND ASSIGNS A NONEXCLWVE EASEMENT TO INSTALL,MAINTAIN AND SERNCE'-;,. BY HS YAN ANNAPOUS MANAGEMENT CO.,LLC THEIR RESPECTIVE LANES,WIRkS.CONOIITS AND PPES WITHIN THE COY110I1 AREA•'•t',a FOR THE PURPOSE OF PROVIDING ONCE NTIN THE DEVELOPMENT(AS DEFINED I"�L UNITY MAP By, G� •G N IN E MASTER DECLARA710NI TOGETHER MITx THE RIGHT OF INGRESS AND EGRE r 1 , �'-'-� JOXN A ATgN50N,IN..MANAGER OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE,PROVIDED THAT J/ ' , .." yT GALE RIGHTS MUST BE USED IN A MANNER THAT NTERFERES AS U7'R.E AS 1W Z ST.JAMES M.LLC THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS TH p�`1'.- U., ��'� BY. G G OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE s�r r4C ANAGER/AUTHORO M AGENT RIGHT OF WAY AND EASEMFIIT FOR RMGYiESS.EGRESS AND REGRESS OVER AND BRUNSWICK COUNTY,NORTIT CAROLINA ACROSS THE COMMON AREh.AND FOR THE INSTALLATION AND MAINTENANCE OF I,MARTIN ILSTOUGHTON,PLS L-3727, 13RANAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION)IN THE COMMON AREA CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PUT,UI THE SUPERVISION FROM AN ACTUAL SURVEY MADE MASTER DECURATKN,OR IN THE DECORATION OF RESTRICTIVE COVENANTS UNDER MY SUPERVISION FROM INFORMATION APPLICABLE TO THIS PUT TO BE EXECUTED BY OWNER AND RECORDED IN THE SHOWN N DEED BOONS AND(OR)MAPS ABRUNSNIO(NCIXRJa REp57 PXRVHC14 RIGHT OF WAY MID EASEMENTS MAY BE REFERENCED ON THIS PLAT:THAT LANES NOT T. ACTUALLY SURVEYED APPEAR AS BROKEN LINES ,,AND WERE PLOTTED FROM INFORMATION AS NOTED RESERVE DEVELOPMENT 00.,LLC '`'r 6yN1 T14E PUP, THAT THE RAID OF PREC1510J. S BY 1T$NM APOLIS MANAGEMENT CO.,LLC GREA tlAl;,H BY LATI1.10 DOO. AMO DE$; yG_� TTt3r+�AN t:To,000 A �- BY• WAS N/F JOHN A.ATKNSON.JR..MANAGER PREP (M iH '" AS AMENDED. Y A GISTRATION THE RESERVE CLUB AT ST.JAM15 CO.,LLC l� THE � �3 ' \\ VENT ST. JAMES PLANTATION, LLC MC 31. PC.334 g 340 44 S7 N MANAGER/AUTHORIZED AGENT 7 t MARTIN .STOUGHTON 'L-3727 D.R I`370sp R 25'DRAINAGE/ , ?`rQC�� PROFESSIONAL LAND OR 'S' \ MA a A, wEASSEI�ENT� CONTRA j `••; • i ,K tTz. CONTROL 25 DRAINAGE/ MONUMENT >C�! ."t .• WITHIN AREA AA AA SUBDIVISION OUNTY ISIONOR WgANDDn 169 75 MONUMENT WATERCOURSE rN 73,853.89(MAD 83) lam- �� y y9! ., THAT HAS AN ORDINANCE THAT REMMLATES PARCELS W 18 N 73,68147(NAD 83) EASEMENT E 2.289.937.94 •.✓3E.II.ry•; LAND. ¢ 0.44 [i]E Z289,506.09 E , Of S 78 6' DRAINAGE A: 'h'��] 'yTl)"-`` d ACRES. 85'5s'21" 170 •72 100.00 432.95 N 1 .25 UTILITY EASEMENT LOT 14B gNn1M1+�*' - , 1 68 '•�� 0_36 1 71 w � IOD.DO N OD 76.21 Z PRO�FES-R. LAND SURVEYo L-3727 0.59 w ; h THE RESERVE ACRES z ACRES 0.36 "' 172 n -� n a 177 BANCROFT I NEIGHBORHOOD RERVEI' 1 ��ENT COL., / ��.I ACRES:, 0.37 173 174 3 175 17g 0.49 SECTION 9 PLAT 1 C JJJ°°EEE"UUU" T� CID ClI ACRES n 0.37 0.37 # o ltl pG/o Yc w,PG.405 sf S(C' t La z 0.37 0.37 ACRES/ BufApz Jy� C9 L7 WYMYy7oN rn ACRES ACRES� ACRES ACRES „• 3 SPACE) EMASEMENTS HAS ONLYEANDREVIEWED HAS BEEN Cie <'p Cl3 rn , APPROVED CCOUNTYEENGINEER ONLY 102.7 5 VI IT1v�- 100.of fo0.pi y 100.01 y I- C6 S 76292 N 70^SYZr 50' R S 8541'52'E .7.3 49.90 C ,VSti m LOT 29 Nr c4 IW COMMON AREA (PRIVATE STREET) ,4 c's ,�$ y /LOT 28I N 95'41'52'W 29D.80 C h 1- 15'ACCESS LO EASEMENT r � COMMON AREA NOTES; RESERVE DEVELOPMENT} 0., LlC -/� }1 t�T 34 N PUD BUFFER $ `�� 1.THE ZONING OF THIS TRACT IS R-750CL THS PLAT IS PART OF A PUD. FUTURE DEVELOPME I`,_,1��IrL �14• 1.31 ACRES ,% 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS C� - •- 32" m SECTION 33 PLAT 1 6.72 AC RE51 NUMBE7R OF LOTS CREATED IS 10; DENSITY IS Lor 35 / w (GREEN SPACE) C 22 PR 315 0.67 UNITS PER ACRE LINEAR FEET OF STREETS IS WL73'+/-• (1 J "%• �7 'lflfia' ?"'. LOT 36 4$ y __ 3.ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD AREA- LOT 37 / J((� 4.THE OWNER OF THIS TRACT IS RESERVE DEVELOPMENT CO., LOT 1 / O P.O. BOX 10879.S0G77HPORT• NORTH CAROLINA 25461 f / LOT 38 wt+ S.THE ST, MANES PLANTATION NAME IS A SERVICE MARK. LOT 47 �F /� LNAUTHOPoffD USE IS NOT PERMITTED. SECTION 30 PHASE II / I LOT 2 &MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOVN ON THIS ITING BY THE MC 22 PG.358 ' y�`\ 1�� ARCWTECTURAL CONTROL COMMITTE OF THE POA�AND PERWTTED -� DY APPLICABLE ZONING REQUIREMENTS): FRONT 30': SIDE 10': COIINER SIDE 13'.REAR 4V. CURVE TABLE LINE TABLE LOT 48 t 7.MINIMUM DWELIJNO SIZE AND MAXIMUM IMPERVIOUS COVERAGE CURVE DELTA RADIUS ARC CHORD 13RG CHORD LANE DIRECTION N45 (::., / RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COY4?4AHT5 Lt N 7 I'' APPLICABLE TO THIS PUT TO BE RECORDED IN THE BRUNSWICK COUNTY CT 1 25.00 26.79 3B'3'E 25.52 _ r aEGY51RY' C2 1 0&00 218.30 79'00' "E 129.24 L2 N 7 • ti ' i �S_l [-� B.N ADDnNOS TO ANY IMAGE EAN SPECIFICALLY SHOWN ON THIS PUT, C3 '7' 30.00 42.37 4'8' 38.93 (/ EASEMENTS FOR DRAINAGE AND UHE RESTRICTIVE ON ALL LOTS, AS MORE L3 / L 'L"- PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS C4 14' 300.00 77.18 '�'E 76.97 L4 N T • �r v J •._n APPLICABLE 0 TENS PLAT.ARE RESERVED FOLLOWS: S'INSIDE FRONT � I G �� LOT LINES; ST INSIDE ALL SIDE LOT LINES; 6 INSIDE R1JVi LOT ONES K CS ' 200.00 11.44 N 6'44'26'W 11.44 LS 9' ` THIS PLAN M"MEN REVIEWED I'L� J� ! �" � THE LOT HAS AN ABUTTING LOT TO THE REAR;10'INSIDE REAR LOT LINES C8 71' 175.00 101,40 86 5'40'E 99.98 L6 N 7 '4 ' FOR EASEMENTS OILY AND Y1 C�,1 'll,. IF THE LOT DOES NOT HAVE AN ABUTTING LOT 70 THE REAR. C7 1 4' " ARLY 25.00 45.12 7'S5'W 39.24 L7 " HAS BEEN APPROVED FOR Z•''�5�57 9.EASEMENTS FOR PATHWAYS ON ALL LOTS,AS MORE PO T IS PLAT L8 37.32 FJLSEIOMS ONLY BY THE `/�1��4ra e7 PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PUT: CB 1 '11'51'F380.0011=79 17V28'W 1OO.S0 COUNTY ENGINTER S ARE RESERVED 15'INSIDE ALL LOT LINES ABUTTING A STREET. C9 3 9 72.43 'S'40'E 71.42 L9 S 7 7' 92.15 i ., 10.TEE 404 WETLA ND LIESHO N ON THIS POT IS FROM A DELINEATION coCIO 3' 18.24 1 '22'W 18.24 L70 7057' 19.57 APPROVED BY THE CORPS OF ENGWIEFRS ON,MINE 12,2002� Ct1 2DWW 87.92 4' W 87.47 LIl 7' 'E 49.80 '•� WETLAND LANE IS RE OWNJECT TO CHANGEC72 2m3' 8.96 75'18'19'W 8,96 L12 N 7'4' W 50,00 /?e,�/fjv 11.LOTS 171-177 ARE OWNED BY RESERVE DEVELOPMENT(>J.,LLC L73 35' 33.77 LOTS T71-177 ARE OWMW BY ST, JAMES DEVELOPMENT CA., LLC C13 Iv 64•32 78'I '39' 64.14 12, THE 15'ACCESS EASEMENT LOCATED ADJACENT TO LOT 29. C14 33*10'4D' 37.64 '44'w 37.12 L14 S 489832" 20.83 SECTION 33.I5 FOR THE USE AND BENEFIT CF THAT LOT ONLY, C15 36T)4' 40.93 N 35ry5' W 40.25 LIS SCALE: 1' 100' AND SHALL BE SUBJECT TO ALL EASEMENTS AND RIGHTS OF CI6 21'00'10' 200.00 73.31 N BS'S2'51'W 72.90 -N"-`:r,� L76 1. DECLARANT AND THE ATI RESERVED IN THE MASTER DECORATION C16 T 100,00 5213 5'24"E S1-8S L7 FOR ST. JAMES PLANTATION AND/OR IN THE RESTRICTIVE rr 0 1 COVENANTS APPLICABLE TO THIS PLAT. J J DATE REVISION INITIAL _ RvUla-I �r.., THE RESERVE d MOSS HAMMOCK TOWN OF NEIGHBORHOOD LDCKWOOD FOLLY LOTS 168-177 3987 BUS. HWY. 17 EAST TOWNSHIP • ST, JAMES BOLIVIA, NC 28422 BRUNSWICK COUNTY NORTH CAROLINA DWG NAME: VS1 01-0401 80011 PHONE:910-253-6622 FAX:910-253-6634 PLANTATION PROJECT NUMBER: RESERVE2 SM DATE:3/11/05 SCALE: 1"=100' REVISION: CHECKED BY:MRS EEI_® Internet Site: http://www.mckirncreed.com ®A DATE: DRAM BY:RDT FIELD BOOK: ftin wick CountY--Register of Deeds Robert J. Robinson Inst #220939 Book 198rle 1.056 07/20/2004 11:12:40am R,,8 TOTALS57 1tED _CK AMT t a CASH-_,,.._REF zp-, Declaration of Restrictive Covenants and Easements for St.James Plantation ` The Reserve, Section 3, Plat 3 (Marshfield Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of Jv t y 19 1' , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 3, Plat 3, St.James Plantation, recorded in Map Cabinet 3 0 , Page-q/2 - , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat'). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. i39573 2 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 220939 Book 1981Page: 1057 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co. replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395732 -2- Inst # 220939 Book 1981Page: 1058 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right. to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond, except that this easement does not apply to the pond located on Lot 43 (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat,together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. .Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395732 -3 - Inst # 220939 Book 1981Page: 1059 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily.. 9. Streets, Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12: Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13, , Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed.by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395732 -4- Inst # 220939 Book 1981Page: 1060 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire,windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless the Architectural Control Committee grants a written extension. IS. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted_built-upon area per Lot is 21.500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395732 .g- Inst # 220939 Book 1981Page: 1061 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100'long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (213) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395732 -6- Inst # 220939 Book 1981Page: 1062 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association,. and their respective successors or assigns,-or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1395732 - 7- Inst # 220939 Book 1981Page: 1063 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK ::Y I a No Public of said County and State certify Notary tY that JOHN A. ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the 4ty of 200� (Notary Seal) Notary Public. My Commission Expirelm= �.IIV, CZ :) 2 r 'OFFICIAL SFAL• Notary Public,North Carolina Counyof Brunswick JonnaT Valk ~pas�^` P Commission Fx res 2/101M STATE OF NORTH CAROLINA o COUNTY OF BRUNSWICK DONNA T VALK The Foregoing(or annexed)Certificate(s)of 1 Notary(ies)Public is(are)Certified to be Correct. 20th July 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. ROE J.RO INS N,Register of Deeds Brunimi CAS County--Register of Deeds Robert J. Robinson Inst Q220938 Book 138� (al�r 3 07/20/2004 11:12:02aa Fz ( REf RECO-..— CKAMT____C CASH REF"_,,,BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 3, Plat 3 (Marshfield Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY I THIS AMENDMENT TO MASTER DECLARATION is made as of J ul" l , 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James'), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 3, Plat 3, St.James Plantation, recorded in Map Cabinet 3 0 . Page _ !Z Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment') (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 1395722 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 2209.38 Book 1981Page: 1054 WHEREAS, Article VIII, Section I of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: Gam---- ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, 11 — .a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. personally appeared before me this day and acknowledged that he is an A thorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of q LD ,20 0 (Notary Sea ��00 V Notary Public My Comte 'OFFlCIAL SEAL' Notary Public,North Carolina ® County of Brunswick .,r• DonnaT Valk Commiselon res2110/20pg 1395722 -2- Inst # 220938 Book 1981Page: 1055 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: John A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWICK OUNTY I, a Notary Public of said County and State, certify that JOHN .ATKINSON,JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC.,a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the. %day of ,200 OFFICIATl�a!lk� L' IATO�y Seal Notary Public, olina l� County of k Donna`�•' Commission10l2009 Notary Public My Commission Expires: / 0 CO STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T VALK Notary(ies)Public is(are)Certified to be Correct. 20th This Instrument was filed for Registration on this Day of July 2004 in the Book and page shown on the First Page hereof. r ' RO R J.R ON,Register of Deeds 1395722 .3 _ _ r r3 P8541 ��06:�'N01 s IIIIIIIIIIIIIIIIIIIIIIIIi111111 III Brenda M. Ciesmons PROP Brunswick County. HC Register of Deeds page 1 0'.., . Pre;anfer Al --- -- rs Tnta1. .. -- ... tia GE):i 1.1 Po:iions of docuinent are i9ef}tL:.:s.f;:.ta diuon of original. amtains seats verill ,`.. rr.:1l that Cannot bs reiON:k1:. d ar r;0fA(X1. E S STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St. James Plantation,The Reserve,Section 3,Plat 3 (Maximum Permitted Built Upon Area for Lot 30) IThis Amendment to Master Declaration and Declaration of Restrictive Covenants 1 and Easements for St.James Plantation,The Reserve, Section 3,Plat 3 ("Amendment")is made and entered into this_day of ,2017 by St.James Development Co.,LLC,a North Carolina limited liability company("St.James Development Co."). RECITALS: A. St.James Development Co.caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St. James Plantation,The Reserve,Section 3,Plat 3 in Book 1981,at Page 1056 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised,including without limitation by this amendment,is referred to herein as the"Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403•-8705 Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 S 05-17-2017 ifflS pg�4�a 11. Clemons PROP Brunswick County, NC Register of Deeds page 2 of 3 I B. St. James Development Co.desires to amend the Declaration as set forth herein. I C. Pursuant to that partial Assignment of Declarant Rights recorded in Book 1178, Page 529,Brunswick County Registry,during the Development Period,Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. NOW,THEREFORE, St.James Development Co., exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: 1. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet. The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 30 to 14,000 square feet. k Except as expressly provided in the paragraphs above,the terms-and provisions of the Declaration,including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF,St.James Development Co.,acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form authority duly given,this the day and year first above written. as to be legally binding all by au ty y g y Y � ST.JAMES DEVELOPMENT CO.,LLC i By: �-r Robert F.Masters,Authorized Agent I i; ii II i tl i i II I !IIII }fII II B �Vti/ � �i 106 06 36.000 I�I�� ll� � II Ill���ltE����Il�i��I Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds Page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF_5 r kr0k?i G4 i I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose(s)stated therein,in the capacity indicated therein:ROBERT F.MASTERS. Date: 5 1 1511 1 kkrwk Signature of Arblary Public j I et-�p 1 j Notaiy's pn ted or typed name i My commission expires: (Official Seal) i i wENdv�.Eweu. Noun kON*MY ' N[nrtllCeroflna LMy mMk0n�resdemasy1�2019 i i i Notary seal or stamp must appear within this box. i 201ma. BLummirk COmty -Register Of Heeds Robert J. RObinsm ' MAVIM Dot 14249 Book 412 1� ^a°mml h 07/20/2004 31:11:34m Rea t s ou Nus • 4;� G- N NAM wr a T` k Sss L V = PROPERTY OF ST JAMES DEVELOPMENT CO., LLC (FUTURE DEVELOPMENT) ST.JAM a �?j a 77• 1't } {Lai 6g'16 y5 "mum ` rV T� N ISt� �� KrWIHMIr COMMON AREA 7 71 • 05POND 4T4 WETLANDS 3 ACt � 39 6 H IG026 t00.08 0.64 ACRES 4e 30 t 2T N es45' 'E .59' a ' 38 Ya (N0 SCALE)VICINITY 2.72 ACRES �.W ,o 37 j 0.37 ga R $ 5 �� _ '•r: 36 s 0.41 ACRES f 0.39 ACRES ' ACRES +< I.M COUNTYWICK y �PL5 L-3W, 7 �� N P L1 CERTIFY TWAT THIS PLAT WAS DRAWN UNDER MY S 86Y8'69'E - . g 61, _ SUPERMSION FROM AN ACTUAL SURVEY MADE UNDER My110.93' 35 SHOWN IN o DUD BOOKS AND(Olt)MAPS FROM 1fa+ 1 F '' 0.53 1 / 87 qk 404 DS $I LL f L REFERENCED ON TAILS PLAT: THAT DIES NDT Al 7. 33 34 "! 5 0.48 ACRES £♦96' :+f. L3T17 ANDAND� WERE PPLLOTAM FROM OWA N0770 32 0.47T Atese t1AIWs � + YDO APPEAR AS QWU LINES W * + 31 a' 0.39 +,r ES ACRES " 65 ��i 5'"_ $7'�/�� ON THE PLAT;MCULLA70 BY unt�wES A o OEPA�irnM�s WAS 0.69 _ •��" GREATER THAN 1:1a00O WAT THE AREA 6 tW txTa ACRES �!ACRES 1�J1 Ns PREPARED N OOORDINAM A 1RM i11THR S 1�MT�1MSAs�AMENo u. C4 Mm I69I n M ; 77 ' f,A WITNESS MY ORIONAL 9piATURE REGISTRATION Nn m NM i f5; T :N• 11697 4 H.ISEAL Thll$TFIE� AY OF E 345.22 LoomVIAL A.D. � sa 42.n 0e Ns0o0 ,a £ L:-u FAIRHAVEN DRIVE 50' R/W L2 x L3 3aeN 4 uCONTROL 6 4 l]2 PROFESSION VE SURYOR, L-3727 +III sTis C' H 85'2SW E 2161Y MONUMENT Le w w Tau CONTROL N 76,896.72(NAG 83) f sN.ax L3N THIS SURVEY CREATES A SUB�M�/11 OF LAND CN 3a7f '�A r 1 I.I rN' MONUMENT E 2,274,993.41 xro L]N 3274 W11HMi TIE AREA OF A COUNTY Qt YI__.-T, N 76.681.32(HAD 8S Cts sRL N -�4U ) t �'tN u'7 xa2 THAT HAS AN ORDINANCE THAT RE PARCELS W h 0_ `At {ES E 2,274,777.94 t I ers7 OF LAID. .49 nt 1 xNN PROPERTYNOF ST JAMES p 't.. ,t_� ii Iµais at Jrw $aw MARTIN R STWGITCH L-3727 '`, - V' IN S57 L42 sa PROFESSIONAL LAND SINHVEYORt t� DEVELOPMENT CO., LLC ^, N LI L y (FUTURE DEVELOPMENT} � t .- 9A /F u 3 3 $ 41 PROPERTY OF ST JAMES ° aN DEVELOPMENT CO., LLC ` I2±M1 L res sa 4a Illm .4 z. 0.45 ACRES 3 (FUTURE DEVELOPMENT) Tm py,M H"�1 RlV� ris aD COMMON AREA q�7 N $ 4W WETLANDS szn i 4X FOREAfE1110MOI�LYANHD M .ea sa "a 11�J1 APPFAN®POR 0.38 AG.t h 2 y y fs1E63• W tL ENO 1YAYTM a O . a CONTROL Al 81' . MONUMENT 03'W .14. 42 y LM last, 3a. "_ .5 N 76.252.42(HAD 27) 0.4 E 2.274,268.63 8 ACRES W sxf3 M» rw � a '' G .1.j` ^1 N 76.318.58(HAD 63) �' 4+� fs A 125.01 J.: E 2,274,348.46 LOT 18 S 8g, POND Vv; OT \SECT 3NOTES.'SECT;'3 PLAT 2 f� i . 43 `A'� 1. THE ZONING OF THIS TRACT IS R-7500. THIS' ART OF A PUD. jLOT 16 ATt.'2 i�, 't �4B' D.99 ACRES �' 2•SITE CALCULATIONS: TOTAL ACREAGE T DIVIDED IS `� ' 6 13.50 ACRES; NUMBER OF LOTS CREAItSR 17; DENSITY SECT 3 * COMMON AREA , IS .79 UNITS PER ACRE; LINEAR FEET OF S7 }3'-S 137%4'+/ PLAT 2 �. , � \ ' tLJ� (PRIVATE STREET) •' ^ 3.All LOTS SHOWN HEREON ARE NOT 1C0 IN A FLOOD '�CERTOWATE REGARDING COMMON AREA AND CERTAIN EASEMENTS HAZARD AREA. GS1-'t1--[iG Ate' pRl� 45 E 0.50 ACRES ST JAMES WNEIAPMENT CO LLC.('OWNER'),8Y RECORDATION OF HNS 4, THE OWNER OF TENS TRACT IS ST.�,t�l1A DEVELOPMENT CC 0.67 ACRES ` F' PLAT'HAS DESIGNATED CERTAIN AREAS OF LAM SHOWN HEREON AS CO., LLC P.O. BOX 10879, SOUTI•IPORT,;�1pRQfT-6AROUNA 284gt C'Z;• �°L'� �N S COMMON AREA. THE COMMON AMA EXPRESSLY IS NOT DEDICATED IEWEBY TA 1tN61P r+ Ib. 'G . (910 253-3001. �. FOR USE BY THE GENDML PUBLIC OUT IS TO BE CNI T4M TO ST JAMES PLAT 2 \ 1SL CH'- /,( \ ACRES •J° PLANTATION PROPERTY OWIRRS'A59DCA1fON,HNC.('TIE ASSOCA11OH7 5• THE?ST. JAMES PLANTATION NAM}E IS A.�RVICE MARK. t•=+ fdf /\ QV.9' 1 LOT 11 R AA 1? FOR THE USE AND f"Xy q NT OF PROPERTY OWNERS N ST.JAAES UNAUTHORIZED USE IS NOT PERMITTED. ?`• 'p `-+✓ SECT 3 ;'' t74' A W h yfb7 V PLANTATION,SUBECT TO IHE CONDIIHOILS AND RE'SERVA110N5 SET FORTH S.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS \PLAT 1 f` S TTp9G Np N THE MASIER DECLARATION OF COVENANT$,C0W=NS AND REsTRicroms PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE t +� •,- G Z ' FOR ST JA TES PLANTATION DAZED NOVEMOEA la.19so AND RECOmm N ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED LOT lO BOOK BT9,PAGE 433,SRUNSWICJX COUNTY REGSTRY.AS AMENDED,WHIO4 •h MASTER DECLARATION HS HEREBY NICORPORAlEO AND MADE A PART Di BY APPLICABLE ZONING REQUIREMENTS): FRONT 30': SIDE 10': SECT 3 .. r �. N/F CORNER SIDE 15', REAR 30'. `�-�IOT 1 \ PLAT 1 PROP TY ST JAMES TINS PLAT. 7.MINIMUM OWELUNG SIZE AND MAXIMUM IMPERVIOUS COVERAGE SECT 3 DE M CO., LLC OWNER HEREBY ORAMTS To BRINSUM ELECTRIC MEMBERSHIP CORPORATION RESTRICTIONS"ARE SET FORTH IN THE RESTRICTIVE COVENANTS i '`�/ I'� r 1 BELL90U7N OR ATW11Hc TELEPHONE MEMBERSHIP CORPORATION,CABLE Tv APPLICABLE T�AOS i�AT TO BE RECORDED IN THE BRUNSYRCK COUNTY PLAT 1 ].\` (FUTGJ D L MENT) pROvm AS DmGWAwD OY ANDOATION.Am THEN RESPECTIVE SUCCESSOR$ REGISTRY �? + )` "L AND ASSIGNS A NONEXCLUSIVE EASEMENT 70 NBTALL YMNTAN AND SERVICE 8. IN ADDITION%� NY& T SKC49CALLY SHOWN ON THIS PLAT, -_L li�+ # �pR AND UnLnTES ON ALL LOTS, AS MORE 30'WATERCOURSE RAIyOS_ p,y THEIR RESPECTIVE UNES•WIRES,CONDUITS AND PIPES MIMN THE COMMON AREA EASEMENTS EASEMENT `�l.��l +; FOR THE PNIPOSE OF PROYIDIIIG SERVICE WITHIN THE DEVELOPMENT(A$DEFINED PARTICU Y, IN THE RESTRICTIVE COVENANTS N THE MASTER OECUARATIOMJ TOGETHER WITH THE MPIT OF NNORESS AND LOESS APPUCABLE TO:i1a f>LA�gARE RESERVED FOLLOW 5'INSIDE FRONT OM AND UPON THE COMMON AREA FOR am PURPOSE,PROWDED THAT SUCH LOT LINES 5' LOT LINES: SO IS FOLLNSIDE FEAR LOT ONES IF RNNnS MUST BE USED N A MANNER THAT INTERFERES O LITTLE AS POSSIBLE WTI THE LOT HAS LOT TO THE REAR: 10'INSIDE REAR LOT LINES l THE USE OF 111E COMMON AREA BY 111E ASSOCIATION AND THE MENDERS 7EREOF. IF THE LOT AN ABUTTING LOT TO THE REAR. 9. EASEMENTS FON�Y5 ON ALL LOTS, AS MORE PARTICULARLY c .J OWNER RESERVES FOR ITSELF.ITS SUCCESSORS AND ASSI NS.A NONEXCLUSIVE PROVIDED Bi THE` TIV£COVENANTS APPLICABLE TO THIS T. ,''.7 r. '1 MOLTS NAY AND N AREA. FOR OGRESS,EGRESS AM REGRESSMAIN OVER AND ARE RESERVED' ONSIDE ALL LOT LINES ABUTTING A STREET. '�- THE UNDERSIGNED HEREBY IS WITHN TOE THAT TIME `.'3 n, MWRW��pppppp��W��AL� Ap10S$THE COMMON AREA.AND FOR THE INSTALLATION Mq MAINTENANCE OF µ0 MAIHIENANCE, AS MORE PARTICULARY LAND SHOWN ON TINS PLAT K WITHR4 TIE SUBDIVISION H7 r; 2;: • 7WY/1rFRRlWJL DRAINAGE FACOUIES AND UTILITIES(INCLUDING WsooAmm)N TE COMMON AREA 10. EASEMENTS FOR A REGULATION AND JURMSDICIHON OF BRUNSMICK COUNTY 4-�,• YIN C• M CsAGC RENEW OFFCER or Nr. AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS;PLAT.N THE PROVIDED IN ��c�a1�ICTVE COVENANTS APPLICABLE TO 1}DS PLAT,' AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BR SWRCK COUNTY,CERTIFY THAT THE MAP OR PLAT TO 8' .. - MASTER DECARAIION,OR N THE DECLARATION OF RESTRICTVE COVENANT$ ARE RESERVED il( El-#ND 15'OUTWARD FROM THE EH10E OF ALL LAKES AND DEED. 1 T4S CERTIFICATION IS AFFNED MEETS ALL STATUTORY o�� APPLICABLE TO THIS PIAT TO BE EXECUTED BY OWNER AND RECORDED N THE PONDS. THIS F�.15EMEIFF- S NOT APPLY TO LOT L*9 i+n •,R IREMENTS FOR RECORDING. �gWU�I�V�n pn�e�n{ AS -- N OR IN PARTRY,WHICH�T of WAY Ma EASEMENTS MAY BE ST.JAMESyE►E{APMENT CO..LLC EWER, NWG BOIWU ST. T Co.LLD SCALE: 1" = 100' BY. / �f�/�i� 4. j� YANG is 'MANAGER/AUTHORIZED AGENT r ' 1 O 50 TOO 2Do 300 REVIEW OFFICER O�+ or1 �2�=� {1.1Lt-4OIF WL r[A+o L:1.1L d.c.-.�- .• ate,,, ¢.- �� -S /µ11110R1 1•B•�'rt aWv: f•R�*A-=•�'.:. -�x�_ w1'C�+(��,ac wn:..�•. DATE REVISION �•-t L....•� .S szl ire, � •.- ,.t ,c. f ill.;t 4� Cam THE RESERVE V , MARSHFIELD NEIGHBORHOOD V3987 BUS. HWY. 17 EAST TIODFOLLY TOWN OF SECTION 3 PLAT 3 BOLIVIA. NC 28422 a HIP sc • ST. JAMES PHONE:910-253-6622 FAX:910-253-6634 BNS (C COUNTY I T L NORTH CAROLINA DWG NAME: VS101-012500019 �J <441 PROJECT NUMBER: 01250-u019 A) DATE:10/9/03 SCALE: 1'-l0O' Internet Site: http://tvww.mckimereed.com REVISION; CHECKED BY:MRS DATE: ) ''� DRAIN BY:RDT FIELD BOOK: Q L - .N i J Bzzmswick COuntY—Register of Deeds Robert J. Robinson _nz 1s8841 Book 1752Page 863 r Declaration of Restrictive Covenants and Easements for St.James Ple,ntation The Reserve, Section 4,Plat 1 (Marshfield Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of 2 Z 2003, by St. James Development Co., LLC, a North Carolina limited liabi ity company("Development Co."). WITNESSETH: WHEREAS, Development Co, is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 4, Plat 1, St. James Plantation, recorded in Map Cabinet 7-0 Page_AS'-- , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended,the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page.529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of.the Lots. 126263_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) i.:��_ ' i5�84i Book 1752r' e: 864 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right, title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require.the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included-in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1262631 - 2- 3 st I �5¢$41 Book 1752Page: BE5 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety (90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate-of completion issued by the Architectural Control Committee. 6. Building Setback and ]Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erectcd, placed.or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1262631 -3 - ?'.ns'r � 1�,RRaZ BaoY. ?.752Fa2�: 95 .No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets, Fences,Walls and signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on. any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d). The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1262631 - 4- 5aE K' Book 3.7522age: 867 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is y"',: ;__square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 126263_1 _ $ ' r L line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Surisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise,Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1262631 -6- i 4 I ISF'Sk! }: 1752Page; 869 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (213) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons. violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof,which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1262631 - 7- IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: C..ac=� hn A. Atkinson, Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. p nally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the o7L7 day of , 200�. (Notary Seal) o°�� 9 +„N,� 5 O' _'CN� 2 9��= Notary Public c?' o Z My Commission Expires: = t.); w --I �__ NC ,',I, H+ItinpN 1262631 - 8 Inst It 15884I BOOk 1752paqe= 971 Branch Banking and Trust Company, as holder of a promissory note secured by a deed of trust oza the property described in this Declaration of Restrictive Covenants and Easements, said deed of trust being recorded in Book 1117, Page 544, Brunswick County Registry, and the undersigned Substitute Tnistee under said deed of trust, join in the execution hereof for the purpose of subordinating and subjecting said deed of trust and any amendments or modifications thereto to this Declaration. BRANCH BANKING AND TRUST COMPANY By: ice Presi w Substi`ute Trustee NORTH CAROLINA-1RUNSWICK COUNTY a Notary Public of said County and State, certify that personally came before me this day and acknowledged at he/s an Vice President of BRANCH BANKING AND TRUST COMPANY, a corporation, and that he/she as Vice President, being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this�L_day of (Notary Seal) +`�.,`�c,�nti9 ►.*yL�''/ Now Public My Commission Expires: 4/'1'a- ' IM s NORTH CAROLINA-BRUNSWICK nu ll\p I a Notary Public of said County and State, certify that Substitute Trustee, personally appeared before me this day and acknowledged the execut of the foregoing instrument. WITNESS my hand and official seal,this -&JD day of ,20 O, (Notary Seal) n s Notary Public My Commission Expires: - a � O -4 X CD STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing for annexed)Certificate(s)of DAWN BOLING Brunswick Countt--Register of Deed 1-Wbe-rt J. RobiIison 05/22/2003 09:42:17am Rec# (�{lQZZ3 Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 4, Plat 1 (Marshfield Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of A64, 2Z , 2003, by St. James Development Co., LLC, a North Carolina limited liabi ' company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 4, Plat 1, St.James Plantation, recorded in Map Cabinet 2-0 Page Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; 1262621 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Test # 158810 Book 1752Page: SEO WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR.Wrsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this,,Q day of 'DAWiy`'`,,., . (Notary Seal) 0 N g �► Notary Public C My Commission Expires: � / "••.cOUNTt 1262621 -2- To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. By: C�-- . ohn A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY I, I , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. pers ly came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation,and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the�_day of ,20 03. (Notary Seal) cad Cd2C.Z Notky Public C) My Commission Expires: 1262621 - 3 - Inst # 158840 Book 1752Page: 862 Branch Banking and Trust Company, as holder of a promissory note secured by a deed.of trust on the property described in this Amendment to Master Declaration, said deed of trust being recorded in Book 1117, Page 544, Brunswick County Registry, and the undersigned substitute trustee under said deed of trust,join in the execution hereof for the purpose of subordinating and subjecting said deed of trust and any amendments or modifications thereto to this Amendment to Master Declaration. BRANCH BANKING AND TRUST COMPANY By: Ari=( Vice President Su NORTH C ROLINA-BRUNSWICK COUNTY stitute Trust a Notary Public of said County and State, certify that personally came before me this day and acknow edged the/s s an Vice President of BRANCH BANKING AND TRUST COMPANY; a corporation, and that he/she as Vice President, being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my han s�Q_day of ,20Ca. _ .�4lld (Notary Seal) SZ ? A� Adyyo Notary Public My Commission Expires:' ��' NORTH CAROLINA - BRUNSWICK COUNTY I,Q , a Notary Public of said County and State, certify that Substitute Trustee, personally appeared before me this day and acknowledged the ex tion of the foregoing instrument. WITNESS my hand and official seal,this g!?o day of ,20_!ad. (Notary Seal) 0 IDPI ci $ Notary Public My Commission Expires: Z '�► �i 126262 1 -d cT,&TE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING -rl,o F­—sn"(nr gnnPYPH 1(PrtifiraPP(C 1 Of eOF A(wj_T+ir..i( l'.ourLtY -ReaisteZ M1 0erxls linst # ,3 RMGinsoB vy Ernst M3320 A(YMk 28PaQe 35 05/27./2003 09:40:58m Re(:M(t4162-7ZZ v STATE OF NORTH CARD INA NOTED: COUNTY 1.IHE ZOMWID OF TIS TRACT S R-75M THIS ��S PLAT IS PART OF A FSID. •a� 1. Z 97E CALL--s: TOTAL ACREAGE OF TRACT DIVINED 13 6.17 AOE:O —SUPPLY pFpl 7 T THIS B. WASMRY,JR DER Y NUMM OF LOTS Lmm FEET OF SCM EI ED IS Ili DENSITY SIB IS 1.78 E NNIS PER ACM- O ?� WAS ORAMN UNDER MY v b SIMERNSION FROM AN AMW FIELD 3.ALL LOB AIOMN HBREDN AIDE LOCAlEO MI A FLOOD HA7AEID ZONE b'. 4T.� SURVEY MADE WOO MY SIV RNSION; 711E 100 YEAR FLOOD BOUNDARY 6 BASED ON FINE 37ARD ZONE Q $ <n 6 V THAT THE RATIO OF PRECISION AS DAIM 4m. + �j�M W EVD. '.U W J g E CALCULATED BY LATITUDE AND DE-HE A TIE OVER OF THIS TRACT IS ST.AYES W1i41W1O1T CO.LLC P.O. PARINES S 1 SUR +:THAT 71E BOX 1OB7M,SOUTIPORT•NORTH CAROLINA 25M.(S1M 253--3001. S• m• ASBRO EN NOT SOAEND FR S w- S.UTHE ST. I SE SNOT PERMITTED.PLANTATION NAME 15 A SERNKE YARN.UNAURIONIGED WANE•AY R M YdO tl LY��q AS d101ml LINES PL.OTED FROM N- FNSD:FOWAT03N UN W1P PR Boom EPARED B.WM-R EM C SETBACKS FOR ALL LOTS SHOWN ON MS MT ARE 11 r' N R 015 AS FOLLOWS(NOES WANED N MMM BY 1HE AROYIECT NAL CONTROL N ACCORDANCE MI1N QS.47-30 AS COMM OF THE PDA AND PENNTED BY APPUCAHE ZONING IMgINRE- AYDIDED. M. 41Y._PPOW ;VX TO;2DE ON COINER TV-..'TAR 3C:XAR I- 1471ES6 YY HAND AND SEAL IN9 THEGOLF 147E DAY rYAY A.D.�OM3. 7.MML%N OMADJID SIZE AND MAXIM RIPFRNp3 CDYEA/AE R61PoCIM)n T spOl W ARE SET FOtiH N THE�C11VE COMMIT APPLICABLE TO THIS MT AT ANTIC P RACOWAL RAT.DWY •/�,. TO BE RECORDED TE swims CN MINTY REWmy. �4RECORDED IN LJ S.N ADDITION TO ANY EASEMENTS SPECIFICALLY SNOMIN ON INNS MT, Z C3 1- LAND SURVEYOR REG.NO.L- 1. EASEMENTS FOR DRAINAGE AND UTILITIES ON ALL LOTS•AS MORE I"i W y PARI ILLARLY PROVIDED N THE RESTIOCTIE ( g APPIICABIE VICINITY MAP-!DTI TO SCALE �-] h TQ 7HN4 PLAT.ARE RESfl�LyNNEEFD$$A�Y4 FOLLpIlB:S NSXIE FRONTOI�OT TITHES: Wck m n Obi'Y ABULDT TTN�WG LOT TOEE VE AN T I N ESS LOT To INE� LOLT— DOW NOT LIIES F 11E LOTW18 0' IOd' 2�' ' "4 N OKY11 S.EASEMMTS FOR PATHWAYS ON ALL LOT%AS YORE PMTIMRAILY L7 41 1 PROVDED N TIME RE87W ENAT CTIW COVS APPLICABLE 70 THIS MT, ¢f+l V 01 COPl ARE NE'SERVED 15'NSDE ALL LOT LIES AUTINO A SMELT. Z GO CO 10.EASEMENTS FOR DRAINAGE AND MAINTENANCE.AS WINE PMInAARLY J IF7 (U N Jw PROVIDED N IRE RESTRICTIVE WAXANTS APPLICABLE TO 711111 MT.ARE JJ O O AAMD PONDS. EITHER AND IS'WY1D T E A iM fROY E ED OF L LEES It THE 404 WEI AND LINE D OM ON INS PLAT IS FROM A OUINEATION In W DIESAPPItOVEp BY THE CORPS ENGINEERS ON Fl]7RIARY LL 2007.Y4:IIA►ID Li ARE SUB.ECT 70 CHANGE. Iz INS SECTION OF THE RESERW IS PART OF ILE PALADIN POD. =LL Q CERTlC �ATE B COBOL ARAHS AM CERTAIN EASENDITS U Ta Nc O O ST'JAMES DEVELOPMENT 00 LLC.(1OWNER1,BY RECORDATION Z 4 VA IF THIS PLAT,HAS DESIGNATED CERTAIN AREAS OP LAID SHOWN 0 HEREON AS COMMON AREA THE COMMON AREA EXPRESAY M NOT DEDICATED HERBY FOR USE BY THE GENERAL PUR]C BUT 13 TO VET S BE CONVEYED M ST.JAMES PLANTATMN PROPERTY OWNERS• ASSHLTI177O1,DC.(TIE'ASSOCSATEM FOR THE USE AND EIiOY- L ROBERT B.O DIES PLAT JR TITRES THAT 111E SURVEY u -------- PLNrtATMK SWJEC E CONDITIONS NO RE�AT�SET AS SIIOMH ON IRIS MT OEAIES A 9ON111BION OF LAND FORM IN THE MASTER DFTI4RAT01 OP COVENANTS.CONDITIONS, ■TEN WE AREA OF A COUNTY OR MUNICIPALITY THAT EXISTING AND RESTRICTIONS FOR ST.JAMES PLANTATION TINTED NOVEMER HAS AN QMIJANGE THAT REOULA7ES OF S 43'33144' E /. ?NAB • POND CO 19M0 AND RECORDED IN ED WHICH PACs 453,BRNSVI N '• ° CONTROL 79• 14 CR//TY REGISTRY,AS AlE11BEB.YAQCH MASTER IXSI.ARATIa1 IS Z�, µ7 B a HERESY INCORPORATED M®NAME A PART OF TICS PLAT. q ROBFRT B. Y,JR,PIS E76443 g77 L4 -�L��`+�� OWNER HEREBY GRANTS TO 7NANSVICK ELECTRIC IENERSMP Z¢a TLANTIC TELEPHONE MENNERSIOP L a -_--- �j�"- C CORMIRATIDE.CABLE TV SIDE AS DESIGNATED q'V 1ul• dt. �^- Z 174 I 1.32' +, ('1- y Y A MTMk,AND THEN RESPECTIVE SUCCESSORS AND ASSOONS, H•.F-:z to A NU E%gJRtVE EASEMENT TO BISTALL.MAINTAIN AND SERVICE y H- LEA 0.46 AGES I •Q 13 ILL C THEIR RESPECTIVE DEA.FOR MICR ! O'SP�IDING SERVICEIPES V J Ue ACRES,•. r t F v N VITHON THE DEVELOPMENT W IEFDED IN THE MASTER ECLIR- N� 21 -aQ46 ACES _ AT@0.TOGETHER WITH TIE RIGHT OF INGRESS AID EGMSS OVER: OAS S g 2O i! (� 19 ID IR L - - AM THE COMMON AREA FOR SUCH PURPOSE. PURP .PROVIDED TAT �3 SUCH RIGHTS MIST E USED IN A MANNER THAT W7ERFERES AS 3->• ' - P E LITTLE AS POSSIBLE.E WITH T USE OP COMMON AREA BY N N p 4 THE ASSOCIATM AND THE MEIGIM THEREIN. 1� 4• DAD ACES sA.M P� !� Z 03 1c. A�1SSY ev .Q COORDINATES- OWNER RESERVES FOR ITSELF.ITS S AND ASSIGNS.A r' y B3.OD' 101.45' '4 Ee273336/11*76042A394 I AND REGESS�u�w9 WAt THE COINDN AREA,NO i AY AND EASEMENT FOR DIGRESS,EGRESS O wi! E / UUTTLLIrT=(DIILMTALLATZIN I�J9N6 TMISA7m0 MAINTENANCE WNTIE�CO I M AREA,AM SUCH vT Q43 ACRES A / 60' R/W���15 2]y � 11AipL l.D1E �/ ETHER EASEMENTS AS SOWN OR DESCRIED ON THO PLAT,IN THE Q �� F `N 62.41 NATTER ECLARA77ON,OR N THE EIIARATU N OF RESTRICTIVE �••- y 311.79' T'ABB�_ ANDCOVEMAKTZ ARLICAILE ro SWIC PLAT TO E REGISTRY, WHICH Br OWNER a ` AID AY AND S TEN INLAY X COUNTY RN*40L,OR RIOT z J W. A=27.8P' OP WAY NO EASEMENTS MAY E ASSIGNED IN 1AQE OR PART � E4!272983,64 .aPa (°„�B 15 4 ' ST.JAMS NT CO,LLC M J 'OyOA0 ACRE G�I a 3t , z . 26 �� IF R/AUTIOOZED AGENT 63 .35 ACRES 432 ACRES E7 LIB 23 y am ACRES'Eat h 29 s RKLINE .Rq! �u�3 pgpRn 404 WETLANDS S L•LE�fI, ,Diri:'AR�Rj e 4. .��y ,f, r THE USHOWN GON HEREON IS Wrr IN T THAT TIE 3 �9M^" �` ' A I!`•:{�Jf1�i,i LND SEWN ON TNO FLAT 1S VITNDI THE MDIVDiION k C R 000RONA St. A��"j YiiNG �irS;.j REGULATION AND JFISDLMM OF BapawiC(CQ►RY 4 Z M766 G,1 1P•` F 1 ry•r�'.:9-M_Af..M3 DEED.ANDTIAT TINS FYAT ALLOTMENT IS H/FREE ACT AMID �j � SIN ST.JAMES DF 91E1T CIE,LLC ATCN LINE�' AINTD AGENT SY 28'3TSP 6DO0' LINE TABLE AROUND POND O O1�y 8m 1-1a tg x UE,—N;r- W NMIL �fyhy c.At f t,t�/ RENEW OFFISH OF r4^ ^"+H3- 11MAISMICK COUNTY.CUTIIFY TKAT 111E MAP OR PLAT TO � (� v 7l'1723'� 24.05' OW 71115�T C71OIIC�ED MEETS ALL STATUTORY 1�: �✓C/� �1 r i REKE'W OFFICER H[�4, o ALL COORDINATES AND BEARM169 ARE BASED ON TM Nces CIAtVE DATA ON R/V o THINS PLAN WAS®EEN REVIEWED 61p 6151FN METH YONHIEIITS'RDAD'AID'SIRSIEII'HAMNG CURVE RADIUS ARC L£NGTH LEN CHORD BEARING DELTA ANGLE TANGENT Y THE FOLLOWING COMMATES.RES ECIYELY:QQ 2270144.14 OD' 199.40' 199D9' S 55'SO'03'E 11'OS'32' 1ADDl' FORNAG B� ONLY APPROVED AN w �y —j=�? (Y�7BBIB.B4B!(7E)2270.Y4M.OIB M 770SI.B03c THIS 300D0' 17127' 161A95' S 66.3W=l E 3e4236' BB04' g (FORMATION US FURNOW BY TIOEWAIER SNIVEYNO AND C3 30000' 291.56' S 55'09R3'E SS41'00' 156.4' EABEIIIEN7B ONLY BY THE _ v AND ENO MUM P.A.ON A LY 23Y0.19M0. (NAD'27) COIINIY ENGINEER M i y � ocg u p Brurrswip-k Colin Robert J_ Robinsorrister, of Eleeds Inst #182972 Book 1847P t1 t P �� 10/23/2003 10:51:50am Rec# age 113 r,-7 S�- Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 9,Plat lA (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of a 2 3 , 2003, by St. James Development Co., LLC, a North Carolina limited liability company C°Development Co.'). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 99 Plat lA, St.James Plantation, recorded in Map Cabinet 2, Page 13 Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the -Lots" and the aforesaid plats are hereinafter referred to as the"Plat'). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended,the "Master Declaration'), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants,conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 132344_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) 7.nst # 182972 Book 1847Page: 1.14 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the constriction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considcred a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to.the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable .annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 132344_1 - 2- Inst # 182972 Book 1847Page: 115 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but In no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in amordance %ith the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however,that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association,and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear,and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or Pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during constriction,and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 132344_1 -3 - Inst N 182972 Book 1.847Page: 11.6 No garage or other accessory building erected on any Lot shall be used as a residence, either Permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes,satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however,such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 132344_1 -4- Irist # 182972 Book 1847Page: 117 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. I& Removal of Trees. No living tree four (4) inches or over in caliper at four(4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum granted built upon area per Lot is f,i} 1 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and tbAt portion of the night-of way between the front Lot 1323441 _ 5 _ Inst li 1.82972 Hook 1847Page: 118 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,concrete, gravel,brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100'long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co.hereby reserves,for itself; its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise,Development Co.may waive any violation of the covenants,conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1323441 -6- Inst # 182972 Book 1847Page: 119 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce,by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof,which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1323441 -7 Inst It 182972 Bonk 1.$47Page: 120 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES D OPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of said County and State,certify that JOHN A. ATKINSON, JR. Pdrsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the e!a�day of ,20 0% (Notary Seal) -•r�� IV e0 NOp 'y Notary Public My Commission Expires: '9q Z ^, Q'- - STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 23rd October 2003 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. ILI ROM ROMIT J.RO SON,Register of Deeds 1323441 -8- Brunswick Conroy--Register of Deeds Robeit J. Robinson a 110 Inst #182971 Book 1847Pa� 10/23/2003 10:51:10aa Rec# ++++ Amendment to Master Declaration of Covenants,Conditions and Restrictions for St.James Plantation Annexing The Reserve,Section 9,Plat 1A (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2003, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James'), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve,Section 9,Plat 1A, St.James Plantation, recorded in Map Cabinet V7 Page 3 B • , Brunswick County Registry(the"Lots'). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance, 132343_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 18297.1 Book 1847Page: ill WHEREAS, Article VHI, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES D OPMENT CO.,LLC B Y: �4� John A.Atkinson,Jr.,Authorized Agent 411X NORTH CAROLINA BRUNSWICK COUNTY I, a Notary Public of said County and State, certify that JO . ATKINSON, JR. 14rsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of �} �.�� ,20_. t,un1w1r,, q g0L►N�'�. (Notary Seal) aQ1 0 1ARY _ 2 Notary Public My Commission Expires: ,0 PUB��G is K 1323431 -2- inst 1 182971 Book 1847Page: 112 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.J S,INC. By: ohn 01 A. on,Jr.,Vice President NORTH CAROLINA BRUNS K COUNTY I, a Notary Public of said County and State, certify that JO A. ATKINSON,JR. rsonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC.,a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and offic,*ggpI�this th�2 day of `,2Qp.3 . , //�0.,��y' (Notary Seal) g�Q` a0'IAR), • ALA 03% G = Notary Public My Commission Expires: '<•'ySy• STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 23rd Da of October 2003 in the Book and page shown on the First Page hereof. y ROE VJ.RONSON,Register�oifDe,�ds � 132343_1 -3 - STATE OF NORTH CAROLINA Certificate Regarding Common Arens and �Rfly BRUNSUCK COUNTY Certain Easements 4''�♦Ap '(�°t I,ROBERT B.MC HENRY.JR CERTIFY , Ov 110'/ yoy i THAT THIS NAP WAS DRAYM UNDER NY THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE St. Janes Development Ca,LLC('Owner'),by recordation ST.AM&S T i k4 d L LAID SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION of this plot,has deftoted certain areas of Land shown hereon PLAIITATION� - Q rns Q SUPERVISION FROM AN ACTUAL FIELD REGULATION AND JURISDICTION OF BRUNSWICK COUNTY as Common Area. The Gorman Area expressly Is not y 1ED ."4°gpt B() W y, y F B SURVEY MADE UNDER MY SUPERVISION; AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND dedicated hereby for use by the general public but Is to be THAT THE RATIO OF PRECISION AS DEED. conveyed to St. James Plantation Property Owners' DAM � WOdd J Q• CALCULATED BY LATITUDE AND DE- Association, Inc. (the 'Assoclatlon')for the use and x d, PARTURES B 10,000' +: THAT THE ST. IEM CO.,LLC enjoyment of property owners In St. James Plantation,subject ARE v 0 fL BOUNDARIES NOT SURVEYED SHORN `r- to the conditions and reservations set forth In the Hester r R.11 �" °°h'�' ROB p. AS BROKEN USES PLOD FROM IN e'n��• Declaration of Covenants,Conditions and Restrictions for St. hhrh.e,a'� FORMATION FOUND IN BOOKS REFER- FAIAMR/AUTWF1ZED AGENT Janes Plantation dated November 1 and recorded In ENCED:THAT THIS NM WAS PREPARED Book 839,Page 453,Brunswick County Rey .Registry,as 4TLW71C IN ACCORDANCE 97H G.S.47-330 AS amended,which Master Declaration Is hereby Incorporated WV(401148TA(WA 1- AMENDVA7NESS MY HAND AND SEAL 7NI3 THE and made a part of this plat. M'AY � W 137H DA OCT08ER A.D. 2003. Owner hereby grants to Brunswick Electric Membership VICINITY MAP - NOT TO SCALE Z C3 •� Corporation, BellSouth or Atlantic Telephone Membership ti W y '�- / / Corporation,cable TV provider as designated by the if) LAND SURVEYOR REG.NO,L-3521 I,ROBERT B.MdENRY,JR.CERTIFY THAT THE SURVEY Assoc Alan, and their respective successors and assigns,o W�t'C.. AS SNOW),ON THIS PLAT CREATES A SUBDIVISION OF LAND nonexclusive easement to install,maintain and service their Z%0 VA7HW THE AREA OF A COUNTY OR MUNICIPALITY THAT respective lines.wires,conduits and pipes within the (�V•(U OD HAS AN ORDINANCE THAT REGULATES PARCELS OF LAr Common Areo, For the purpose of providing service within 0' 100' 200, 300' �i q m(h ! the Development (as defined In the Master Declaration), Z Lu Lj II I .� together with the right of Ingress and egress over and upon 00 OD the Common Area for such purpose,provided that such rights J In M(U ROBERT B.Md1ENRY,JR.,PIS _."-1-3521..' must be used In a manner that interferes as little as possible J Q q I 1 with the use of the Common Area by the Association and the ¢ Z Ct o members thereof. NQ38S' Z I Q a 01 (U J Owner reserves for Itself,Its successors and assigns, a 1. The zoning of this tract Is R-750M This plat Is part of a Z h Ih ti J k nonexclusive right of way and easement for Ingress,egress PUD. W W V Y ti k 2 and regress over and across the Common Area,and the for the Installation and maintenance of drainage facilities and 2. Site calculations total acreage of tract divided Is 4.95 = X q utllltles (including lrrlgatbN In the Common Area,and such acresi number of lots created Is 91 density Is a-%units Li REVIEW OFFICER OF other easements as shown or described on this plot, In the per ocrel linear feet of streets Is lo5q. Q q BRUNSNCK COUNTY,CERTIFY THAT THE NM OR PLAT TO Master Declaration, or In the Declaration of Restrictive 2 WHICH THIS CERTIFICATION IS AFFIIXE i MEETS ALL STATUTORY Covenants applicable to this plat to be executed by Owner 3. All lots shorn hereon are not located In a Flood 4 REQUIREMENTS FOR RECORDING. and recorded In the Brunswick County Registry,which right Hazard Area [The 100 year flood boundary Is A _ of way and easements may be assigned In whole or In port. based on FIRM 1370295 panel 0360 dated 4/91. St. Janes Development Co., LLC Li RENEW OFFICER 4.The owner of this tract is St.Janes Development Co., 2 LLC,P.O. Box 10879, Southport,North CaroUna 28461, N B ___•,c'___r_�_S" (910) 253-3001. 1 7 Y _ _ _...,c___-____________ Manq�er;Authorizetl Apeni••.� i" 3, The St James PI¢nt¢tion mane Is a service mark, �,G Unauthorized use Is not permitted 1 NS G 6, MIN"bullding setbacks for all lots shown on this plat 3 7 U T JET_c1 x are s follows(unless waived In writing by the McHtecturat O 2 S 0 J -" �.\ Control Conmlttee of the Pdq and permitted by applicable zoning requirements), front 30'1 side 10'i side on corner 15'T (7 SS' fUS CORNER C\ rear 30'. �qq gT"1 6D�� CHORD ATE N 68.54'MATCH N2' E CCC���MMMMON AREA 2 $ER / N�739 99 7, WNrwbn dwelling size and maximum Impervious COOR 194.41 \ 60.66*5'1 cover\ applicable to thisions are set forth In the plat to be recorded In then Restrictive Covenants Coounty / \ Replstry. y 8, In addition to any easements specifically shown an this Z ORNER CONTR S 6$• ' , $ / \ plat,easements for drainage and utilities on all lots, s more O N COCIRDI S: rIAT£pSEM� BT, 122�g A> / \\ particularly plat, are served ad In the s f lots e5c IraWenfsont lot blhesl 5' ;r; / / Inside oil side lot Ilnesi 5'Inside rear lot Imes If the lot has on 404 WETLAND UN6� E�227 88�75 2 ' E OT' r o in \ \\ j32 100' Z ?0 z 1 // \` a hotabuthavelot to the an ab tut Ingr lots to theiorea r lot tines IF the lot dos 0.47 ACRE'' 'o T00 m In 1 < O-i \.♦ 'Pj 9, Easements for pathways on all lots, as more particularly z 0.36 ACRES N �' provided In the RestrttNe Covenants applicable to this plot, �.\ ���J` are reserved 15' Inside all lot lines obuttkg a street 4r ♦ 1 0.40 ACRES TO ['N / / \ fd 10. Easements for drainage and maintenance, as more a_ `.s 3 aL / 2 // \ _ particularly provided In the Restrictive Covenants applicable �♦°j kl ct .,Oo.82' 1a30 // / \ �"&APd(n of this it takes and po ds'Thisved within easement does not applyward o t to h the edge w b' 0.47 ACRES P N 03'12 6' / / \\ small pond an lots g0 and St. k 1 ♦' Nr• 4 ` .1 1 C RCLE L3 _ // 3 $T_IfEC \\ �i df� IL The 4.04 wetland live shown on this Is plat from a > > B5.72' MATCH-t r/ \ �c datineadon approved by the Corps of Engineers on J I' y •T' 73.76' 8'21'5 / T 1, C J Z /\ Q February 6 ,2002. Vetland lines are subject to r r.41 ACRES C>, 1 ps88.33'15.72'C� 60.0 '\ // rl 9,0 ��C change. 40-q 5 Gb \ \ / 4 r Sfra \\ q3' J �, p' r N .� / .� \ l2.This section of the reserve Is part of the Paladin Pud. ❑Z Y WO °(a 4 3►V, 27 yZj C 50,42 ACRES z a MATCH LINE 63,87' A�a' T♦' Z N i fu o m \ \ / \ z 5 i of N 15.55'54- W LT v G� tl; 2G M rn N \\ \`,/ / ♦/ a�0 a-W 6013'~ v 0 36 ACRES W � 4A him N i L4 0 w 59.94, r'{rl+`�- 25 f LSMATCH 8138102EE b \\ // 6 // !'flUik RMWAI._. Z N7 ,0.33 ACRES 9 t 60.00' \ YC / \ �� ' ~ i COORDINATES: r 24 4I+ ♦ \ 'PST \ / \\ I PVC O g N-7354CLOP ;u 0.32 ACRES 95 3�ni N73�550.D5 S. \\A�q ` // 7 \♦ I i ^ g CLERK, BRUNSWICK COXY y o E2271177,18 ba gg1 E2271589,BO \\Ot \.(\ I PLANNING BOARD = s /7 scr zov3 O - 2S �j ae S PROPERTY OF ST JAMES DEVELOPMENT CO., LLC \� a COORDINATES: \ rq Vb n N,734D4.95 RESERVED FOR FUTURE DEVELOPMENT \\ \ a ry o. E2271278.36 \ ♦ "14 \ W all \ CURVE RADIUS ARC LENGTH CHORD LEN CHORD BEARING k"' > w C1 200.00' 103.99' 10223' N 62.55'31' E I.w1... n i TM PLAN NAB SEFA REVIEWED C2 200A0' 175.71' 170,11' N 73*11152' E FOR FAISIMS ONLY AND LINE BEARING DISTANCE C3 40,00' 6283' 56.57' S 36138102'E EZ Q �=(j .9; NAt BEEN APPROVED FOR LS N 77.49'17' E 61.91' C4 40D0' 69.01' 6Q.76' N 481567W E y EASE)EWM ONLY BY THE L2 N 48.0146'E 106.11' C5 525.00, 257.14' 254.58' S D5390551 L a C O NRY ENGINEER L3 S 81.38102' E 161.48 C6 40.00' 62.83' 56,57, N 53*21158' E A 6 L4 S 87.00123' W 71.31' I n 4 N 0 o I u ., 1 ; . Brunswick County--Register of Deeds Robert J. Robinson Inst ##205222 Book 192,Me T 04/13/2004 02:52:36rn Rec#k ► ET TOTAL 4ELE%/ TC* REC# ____.CK AMT.--�— CK BY Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9,Plat 1B (Bancroft I Neighborhood) NORTH CAROLINA BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of r-1 2004, by St. James Development Co., LLC, a North Carolina limited fiability company("Development Co.'). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 1B, St.James Plantation, recorded in Map Cabinet 3 0 Page I14- , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453, Brunswick County Registry(as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139580_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205222 Book 1925Page: 882 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395801 -2- Inst # 205222 Book 1925Page: 883 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five (5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395801 -3 - Inst # 205222 Book 1925Pages 884 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets, Fences, Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395801 -4- Inst # 205222 Book 1925Page: 885 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements.. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality.' The maximum permitted built-upon arca per Lot is 7, ;(h) square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395801 - 5 - Inst # 205222 Book 1925Page: 886 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395801 -6- Inst # 205222 Book 1925Page., 887 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development (as defined in the Master Declaration) owned. by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page lntentionally Left Blank] 139580_1 -7- Inst # 205222 Book 1925Page: 888 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. rsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the day of t ,200 q. (Notary Seal) �0; I, 00, 9'%o Notary Pic My Commission Expires: Ic 7PLl'G 2 .,! _) 111 '•. �O '••fq r,i 7fY1�,, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is (are)Certified to be Correct. 13th April 2004 This Instrument was filed for Registration on this Day of P , in the Book and page shown on the First Page hereof. ' RO E J.RO INSON,Register of Deeds 1395801 - 8 - BrOrOwick Cou114--Register of Deeds Robert J. Robinson Inst #205223 gook 192 aL1889 04/13/2004 02:54:00pm Rec#Lb KtT TOTAL 41 CK REC# BY 4J611 Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 1B (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of fi 1 13 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 111, St.James Plantation, recorded in Map Cabinet �� Page 1 7 - , Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St.James in each instance; 139575_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAND (Without Title Search) Inst # 205223 Book 1925Page: 890 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I, � , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. sonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of f-- _, 20 f) (Notary Seal) NOrp,9 �Z¢= o' "etlC Notary Public s My Commission Expires:-��.,;F $fill���• '"a„nn�in«� 1395751 -2- Inst # 205223 Book 1925Page: 891 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: r=-� ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSW K COUNTY I, , a Notary Public of said County and State, certify that JOHN A.ATKINSON,JR. ersonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of J ,200 . (Notary Seal) N @�'•y, Notary Pukic eQOT �Zgs My Commission Expires: z C OUN '«um1111 •- STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of 1 Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. —- RO E J.RO INSON,Register of Deeds 1395751 - 3 - CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS ST.JAMES DEVELOPMENT CO LLC. ('OWNER'), BY RECORDATION OF THIS r KA" PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS COMMON AREA. THE COMMON AREA EXF*Essu IS NOT DEDICATED HEREBY camp FOR USE BY THE GENERAL PUBLI0.0 t 15 BE CONVEYED TO ST, JAMES °�aw. r Brunswick Coup PLANTATION PROPERTY OWNERS' TI INC. (-THE ASSOCIATION') 1Tobert J. tty-Register of Deeds FOR THE USE AND ENJOYMENT OF PR ., IN 5T. JAMES ""�•"• n5W1 PLANTATION,SUBJECT TO THE CDNDi RVATONS SET FORTH I11st 44011 Hook 3pp�ge i7 N TIE MASTER DECLARATION OF CO ' ITFONS AND RFCTOIi 04/13/2004 02:52:01rm Rec9 `�'�� I( FOR ST. JAMES PLANTATION DATED N 1990 AND RE D IIY-7 ,I BOOK 839,PAGE 453.BRUNSWICK COU�TS',RE �RY, AS AMEND�ICH..• •n ST.Om r" MASTER DECLARATION IS HEREBY INC 011FpIPr1TE"';/,ND MADE A PART-0FI PUWAYax Til' THIS PLAT. ,� ��+ R ,�` (! W VA,,OWNER HEREBY GRANTS TO BRUNSWICK LI:EC1 MEMBERSHIP CORPBELLSOUTH OR ATLANTIC TELEPHONE VE IP CORPORATION, CPROVIDER AS DESIGNATED BY ASSOCIATI� THEM RESPECTIVE SOL`YBSS t(RS tAND ASSIGNS A NONEXCLUSIVE EASEMFAT THY INSTALL, MAINTAIN AND 1 THEIR RESPECTIVE LINES,WIRES,CONDUITS,-; PIPES WITHIN THE COM�EA FOR THE PURPOSE OF PROVIDING SERMCE N THE DEVELOPMENT(A� ED VICINITY �1 Wit• i r IN THE MASTER DECLARATION). , OVER AND UPON THE COMMON AREATORR SU'PURPOSE, PROVWEp p4AT JCH (NOT TO S L : `.y RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS"P05��LE WITH !' ("•±� �J THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE NFABERS THEREOF. F` - OWNER RESERVES FOR ITSELF,ITS SUCCESSORS AND ASSIGNS, A`'MONEXCIOSIVE BRUNSWICK COUNTY,NORTH CAROLINA LOT 3 RIGHT OF WAY AND EASEMENT FOR INGRESS, EGRESS AND REGRESS OVER AND I. MARTIN R. STOUGHTON. PLS L-3727. � - <r , ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS OR AWN UNDER MY SUPERVISION FROM N ACTUAL SURVEY MADE DRAINAGE OTHER ES AND UTILITIES INCLUDING IRRIGATION)IN IS COMMON AREA, UNDER MY SUPERVISION FROM INFORMATION +- AND MASTER DECLARATION, OTHER EASEMENTS AS SHOWN OR DESCRIBED IC THIS PLAT, IN THE VE COVENANTS SHOWN IN DEED BOOKS AND •}- ) APS LOT 4 APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNERS NDTRECORDED N THE REFERENCED ON THIS PLAT; THAT LINES NOT BRUNSWICK COUNTY REGISTRY, WHICH RIGHT OF WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES h �J 1 ASSIGNED IN WHOLE OR IN PART. AND WERE PLOTTED FROM INFORMATION AS NOTED ST. JAMES 1 / ON THE PLAT; THAT THE RATIO OF PREaSON AS LOT 5 ST.JAMES DEVELOPMENT CO_LLC CALCULATED BY LATITUDES AND DEPARTURES WAS DEVELOPMENT OP LLC GREATER THAN I:10,000; THAT THE AREA IS -� (FUTURE DEVELOPMENT) BANCROFT 1 COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH C.S. 47-30 AS AMENDED. NEIGHBORHOOD By.. WITNESS MY ORIGINAL SIGNATURE,REGISTRATION C7T SECTION 9 PLAT 1A MANAGER/AUTHORIZED AGENT NUMBE AI SEAL THIS THE _OAY OF ?�•f� ST. JAMES C12 C13 14 S 871D7• .E T76 9 MC 29. PC.39 y -W\ DEVELOPMENT CO., LLC CT C15 16 (FUTURE DEVELOPMENT) o COMMON AREA 1 L1 �'''t x PROFESSIONAL LAND SURVE L-3727 _•1 1 �� SELWYN CIRCLE ti i L3727 j E R/W VARIES 1 �'t LINE TABLE �'� THIS SURVEY CREATES A SUBDIVISION OF LAND 16 a? (PRIVATE STREET) 23 �' LOT 24 WITHIN THE AREA OF A COUNTY OR MUNICIPAUTY N 0.34 "1NE DIRECTION LENGTH THAT HAS AN ORDINANCE THAT REGULATES PARCELS = ACRES `n ' ZIBSS• 1 3 ACRES r . �= '1 �:' N 77'49'17' 59.94 OF LAND. �1 r 17 aT r W T %� 22 p I _ l ri B5.D2 �. J If L10 0.33 l! 5 4 \ 0.37 •ice,14 7" 23.20 MARTIN L-3727 • ACRES ' 18 3 ACRES L5_., 1' 46.32 PROFESSIONAL LAND sykvEvoR •^ 0.31 A 3 t 21 "'116 77 '1 21.86 ((// ACRES�}' 19 0.39 CONTROL '''+;L 9.62 CONSTRUCTION PUNS FOR THIS PROPERTY HAVE ♦ 1 MONUMENT LOT 25 / PUD BUFFER BS • PO s ACRES` 4 55,70 / (GREEN SPACE) h �7,1. 0.34 w 9T°•p��' N 2.271,78.(HAD 93) BEEN RENEWED AND APPROVED BY THE COUNTY 63b• f �+ ACRES 0.42 E 2.271,278.19 77' '17' 89.96 08 THE NEER IN RUNSWICK COUNTY SUBDIVISION ORDINANCE- COUNTY WITH ARTICLE I OF LOT 24 r2J• 1�T* o ACRES !i d` I /LOT 23/ / N 30?59 .,� '^ ,-1 ti ',-: -- ----- -- 88 �* ST. JAMES i. ENGINEER 1 c / LOT 22 COMMON CRESA S 7gtig Z' 1175 @'� wq0 DEVELOPMENT CO_, LLC N 76-Fa. E�7222 5 CONTROL (FUTURE DEVELOPMENT) NOTES: LOT 21 W 211. MONUMENT 1. THE ZONING OF THIS TRACT IS R-7500. THIS PUT IS PART OF A PLO. /LOT 20N 73.293.57(NAO B3) Z SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS E 2.271.109.57 4.58 ACRES; NUMBER OF LOTS CREATED IS 8; DENSITY IS .57 UNITS PER ACRE; LINEAR FEET OF STREETS IS 974.95'+/-. +. `�. `•' PHASE IQ LOT 19 CURVE TABLE 3.ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD SECTION 33, PLAT t LOT 18 HAZARD AREA, / URV DELTA ANGLE RADIUS ARC CHORD BEARING CHORD 4. THE OWNER P.O OF THIS TRACT IS 5T. JAMES DEVELOPMENT MC 22,PG. 315 LOT 17 J C7 4• •56• 200.00 16.05 S 75'31'19' W 16.05 CO., LLC P.O. BOX 10879, SOU THPORT, NORTH CAROLINA 28481 I C2 4' 200.00 6242 S 81Z5' W D7.84 (910) 233-3001. 5.THE ST. JAMES PLANTATION NAME IS A SERVICE MARK. LOT 16/ C3 14' 150.OD 38.77 ' E 38.66 UNAUTHORIZED USE IS NOT PERMITTED. - C4 41'11' 150.00 62.01 N Y '45• E 61.57 6,MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS F �pp��W�``'' IIDD�`�I11 C5 26 '3' 150.00 6D.22 1' ' E 67.64 PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE fTN1 AL��IIIW '1 CB 14 1' 150.00 4.50 64 '31" 4.50 ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED C" C7 38 '47' 65.00 4422 S 44'37'3 4137 BY APPUCABLE ZONING REQUIREMENTS): FRONT 30': SIDE 10`: CORNER SIDE 15', REAR 30'. TM PLAININA1a[ENC8 1 18'1 ' 100.00 21.18 N 31'1 '1 ' W 21.14 7.MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE NSWICK LOUNT( F'OREA1i�iNTSONL� C9 100.00 41.85 N ♦Y ' 41.55 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS Bp�O��n NABN!lNAPP11M y •-1 CIO 16,14,38, 177.50 50.32 N 8 2'37' W 50.15 APPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY WfY11l EAf ONLYlY A"�' Ctl 1 0' 222.50 46.69 N 74'38'SB' 1V 46.60 REGISTRY. 7 A Ht +• �" C12 2118'39' I5000 55.79 79'17. 7' 55.47 D. IN ADDITION TO�ANY EASEMENT SPECIFICALLY SHOWN ON THIS PUT, 2 y COIRRIlN t ti EASEMENTS,EDIT,DROAGE AND UTLTITES ON ALL LOTS, AS MORE C13 '4 7 150.0D 35.03 N 0'12' E 35.94 PARTICULA PRO,'IVIpED IN THE RESTRICTIVE COVENANTS C14 'OS' 65.00 25.70 '36'53' W 25.57 OVA 1, LOT UCABLE T lIS T,c�AARRf RESERVED AS FOLLOWS: 5' INSIDE FRONT 'ti i,-�• ,r�i,•) C15 14 16" 300.00 75.12 88'13' 74.92 LOT LINES; 5'� S)qE LOT ONES: 5' INSIDE REAR LOT LINES IF L'16 300.00 35.46 N 7'1 35.44 THE LOT HAS NG` T TO THE REAR; IV INSIDE REAR LOT LINES 11� IF THE LOT DOSS�T A i J N ABUTTING LOT TO THE REAR. THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE L/��'-% 9. EASEMENTS FOTE41 ON ALL LOTS. AS MORE PARTICULARLY LAND SHOWN ON THIS PUT IS WITHIN THE SUBDIVISION J bd/� �, t�.// •,SI NEW OFFICER OF PROMDED STR VE COVENANTS O APPLICABLE 70 THIS A STREET. REGULATION AND JURISDICTION OF BRUNSWICK COUNTY 1, T AS MORE PARTICULARY Ny1 �,_ OFEDAND TNAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK THIS COUNTY.CERTIFICATION l SFY TH.D MEEM ALL STATUTORY St 1Q PROVIDED IN THE AIST TIVE COVENANTS APPLICABLE TO THIS PLAT, REQUIREMENTS FOR RECORONG �.� t- -+ ARE RESERVED VA74 ' .OUTOM FROM TIE EDGE OF ALL LAKES AND PONDS. ST.JAMES BEVELOPMENT CO.. LLC / `a" c ` t �j T1U0' �� 8Y: MANAGER AUTHOTZED AGENT ='; '•d ` / HEE VIEW OFFICER 0 1 00 2 M 1'cT.`. DATE REVISION INITI ESERVE BANCRO TEIRNEIGHRORHOOD LQCKWOQD FOLLY TOWN OF SECTION 9, PLAT 1B ram? 3987 BUS. HWY. 17 EAST (( � �D �� ���JJJ TOWNSHIP • ST, JAMES c) BOLIVIA. NC 28422 r� i PHONE:910-253-6622 FAX:91pE;+153'�fi834 {' ) BRUNSWICK COUNTY NORTH CAROLINA DWG NAME: VS1 01-01 2 50 00 33 �} PLANTATIONSM DPRJECT AOE: 3%/UMBER• SCALE003300' S. r ED BY:MRS y Internet Site: http://www.mckimcreed.com REVISION: CHECKDATE: DRAWN BY:RDT FIELD BOOK: Brunswick Cmnty--Register of needs Robert J. Robinson Inst #220816 Book 1901Page 363 07/1-9/2004 02:1.2:o9M R.ec# (617 5 7!o Rm2a _S TOTA REV TC#L.7 REC# CK AMT CK# CASH REF BY Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 9,Plat 1C (Bancroft I Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of-J,3Vt 1 2004, by St. James Development Co., LLC, a North Carolina limited liabi ity company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 1C, St.James Plantation, recorded in Map Cabinet ?Q Page 0 S Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended,the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 1437911 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 220816 Book 1983.Page: 364 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single I.ot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of .Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1437911 - 2- xnst # 220816 Book 198YPage: 365 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the' Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and .non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five (5) feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways; as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1437911 .3 - im-t # 22001.6 Book 1.981Page: 366 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs,cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's. expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1437911 -4- Inst li 220816 Book 1981Page: 367 St. James Plantation, except those vehicles used in the course of permitted construction and development within St. James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These 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 plans may,not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7.50tO sguare.feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1437911 - 5-- r Inst # 220016 Book 1981Page: 368 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Suchh-swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1437911 - 5- Inst: # 220816 Book 1981.Page: 369 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (213) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce,by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same,either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development (as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1437911 -7- Inst # 220816 Book 1981Page: 370 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: . . o A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWIC OUNTY 1, l��1t-�- a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS rn hand and official seal,this the �dayof ,2010 . ­17OFFICIAL SEAL' Seal Notary Public,North CarlinaCounty of B�ck- (NotaryDonnaTsee `�'r Commisson Ex Notary Public My Commission Expires: a to ,Zo 0 STATE OF NORTH CAROLINA COUNTY OF BRUNS WICK The Foregoing(or annexed)Certificate(s)of DONNA T. VALK Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 19th Day of July 2004 in the Book and page shown on the First Page hereof. try. J—�v— R013E-kT J.RO I SON,Register of Deeds 1437911 - 8 'Brunswick County..- ibter of 13eed5 Robert j. Robinson Inst #220817 Book 1981PaCTe 371 07/19/2004 02:13:35-pa Reclt f`�-1 S-7 C - j RED Cg AMT CD CASH--REF— BY� Amendment to Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation Annexing The Reserve, Section 9,Plat 1 C (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2004, by St. James Development Co., LLC, a North Carolina limited liability rtyy company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS,Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 1C, St.James Plantation, recorded in Map Cabinet .3D Page L105- Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment') (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; 143790_1 Prepared by. Schell Bray Aycock Abel&Livingston P.L.L.C.(JAAI) (Without Title Search) Inst # 22083.7 Book 1981Page: 372 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By: ohn A.Atkinson,Jr.,Authorized Agent. NORTH CAROLINA BRUNSWICK OUNTY a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this /J/?Aay of 2W "OFF{CIAI. SEAL" (Notar y Seal Notary Public,Noah Carolina ,1 i" � � '+ County of Brunswick DonnaT Valk ✓, --O. commission Ex irse2/1012009 Notary Public My Commission Expires: l o .2-6 r-'Cl 1437901 - 2 Inst # 220817 Book 1981Page: 373 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWIC COUNTY I a Notary Public of said County and State, certify that JOHN .ATKINSON,JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the a day of 20© 10=I%rAL"N Carolina(Notary Se swick lk.°. s 2/10/200g Notary Public My Commission Expires: a d0 � STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DONNA . VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 19th July 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. ROIEW J.RO INSON,Register of Deeds 1437901 -3 - I�IIIIIIIIIIIIlIIIII�IIIIIIIII IlII n ?176e�t:�'�P runswick County, NC Register of Deeds page t of 3 3+otal Sep L f Rev Irrt.�— ;k$�_Ck aefunti_ _�$ Finance STATE OF NORTH CAROLMA ®portions of document are Illegible due to condition COUNTY OF BRUNS WICK of original. 91 Document¢orrtelns seals Verified by original instrument that cannot be r-rnduoed or con'o- Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 1 C (Maximum Permitted Built Upon Area for Lot 14B) This Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 1 C("Amendment")is made and entered into this k day of ,2019 by St.James Development Co.,LLC,a North Carolina limited liability company("St.James Development Co."). RECITALS: A. St.James Development Co.caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 1 C in Book 1991,at Page 363 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised,including without limitation by this amendment,is referred to herein as the"Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 i IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIII Broad M. Cl coons: :44:04.001 Brunswick County, Re Register of Deeds page 2 of 3 B. St.James Development Co.desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178,Page 529,Brunswick County Registry,during the Development Period,Declarant may unilaterally amend the Declaration for any purpose.The Development Period has not yet expired. NOW,THEREFORE,St.James Development Co.,exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: 1. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet.The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 14B to 9,200 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration,including all of the other terns of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF,St.James Development Co.,acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: 4d&a (SEAL) Robert F.Masters,Authorized Agent I�IINMIIIIINIIII�IIIIIIIIIIIIin� �?? ? �3'PROP STATE OF NORTH CAROLINA COUNTY OF ( ,c vJ �1CYYJ O _ I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose(s)stated therein,in the capacity indicated therein:ROBERT F.MASTERS. Date: J��y 3 0,1A ll ,— Signature of Notary Pi lic s -:5 Notary's printed or tyAd name My commission expires: Qv% vJ V 1 13 2.013 (Official Seal) SHELLY J. BAKER Notary Public Pander County,North Carolina My commission expires Aug.13,2023 Notary seal or stamp must appear within this box. MAP 30 T--AG E •40-5 -71v:%j o-, 14g ' ,l �`^ xani -xasu I Ni 9 AISyyL F�L c;j E A? >^ P6N�PN aaa "sssasas�� g€s_ VH r s h , f Hx e y uassB� v Hil5 4 gVU G `P� 8 1 !1•N � =e��MA$'��[y' i .oN �3a x 1 14 21 $ ( ' m in R R o " A S �� 94 }E o \..-- � Y�i[F^cam n ,b (aq •3 f FF �� � RR � mill �IFIA G g r €$ € =fig€ F �4E � � a y'3z, sell R �a � V z fps p rah§ €¢y aN +s "=g HOWAillimid' � Y;�� ;� � � ia K.1 o R6 =fie € a ' dig, OEM" a �;: a P N "�I 1> 1 RI- � � log iilla� nHi a g y 3 �s is rggqg4;� " L" �&s g ^� 5r, iR r �7 ti g RN 0 a �" � � 11i 2� �, 33 gi - A� 6 spa x� t 3 IF`• Brunswick County---Registez of Deeds Robert J. Robinson Inst #182974 Book 1847Page 124 AL 10/23/2003 10:54:00an Reci ` l� f M� Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 99 Plat 2A (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of OCZ444- 2 3 , 2003, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co:'). WITNESSETH: WHEREAS, Development Co. is the owner of certain properly located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2A, St.James Plantation, recorded in Map Cabinet 2 Or Page_3°j Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter refereed to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended,the Master Declaration% was executed by First St. James, Inc. ('•First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1179,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional COMM*conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 132347_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 182974 Book 1847Page: 125 NOW, THEREFORE, Development uo. hereby aeciares ana covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and-Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co.expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii)an owner acquiring two or more adjacent Lots,without replatting,followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve(12) months. 1323471 -2- 1nst # 182974 Book 1847Page: 126 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectar t Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however,that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot,which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association,and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten(10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction,and subject to approval by the Architectural Control Committee,no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 132347_1 -3 - In.-t # 182974 Book 1847Page: 127 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs,cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes,satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however,such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes,and all terrain vehicles, shall be operated within 1323471 -4- Inst # 182974 Book 1847Page: 128 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by sty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four(4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 O20713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum RImILtted built- area per Lot is _St1f)p square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 132347_1 -5- znst # 182974 Book 1847Page: 129 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,concrete, gravel, brick, stone,slate,coquina,driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet Swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co.hereby reserves, for itself, its successors and assigns,and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina, 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co.may waive any violation of the covenants,conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1323471 -6- Inst #} 182974 Book 1847Page: 130 25. Amendment. These covenants may be amended at any time by an instn=cnt signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce,by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same,either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 2L Severabfility. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof;which shall remain in full force and effect. [Remainder of Page Intentionally Left Blmnk] 132347�1 -7- Cnst # 182974 Book 1847Page: 131 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAME OPMENT CO.,LLC By John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS WATKINSON, TY I, a Notary Public of said County and State, certify that JO JR.46onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the.2c;) day of ,20 g;�. (Notary Seal) Nt{t11111t1Iyrt�,,, ••.•`a� Azz- 0AVr// � Notary Public My Commission Expires: :`•2ca� ly Bpi •• STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 23rd Day of October 2003 in the Book and page shown on the First Page hereof. ROE J.RO I SON,Register of Deeds 1323471 -$- Brunswick County--Register of Deeds Robert J_ Robinson Inst #182973 Book 1847Page 121 10/23/2003 10:53:08am Rec# CQ 71:�� n Amendment to Master Declaration of Covenants,Conditions and Restrictions for St.James Plantation Annexing The Reserve,Section 9,Plat 2A (Bancroft H Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of , 2 3 2003, by St. James Development Co., LLC, a North Carolina limited liability company ("Development CO.'I. First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WI TNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows. All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2A, St.James Plantation, recorded in Map Cabinet _ Z f page Brunswick County Registry(the"Lots'D. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 132346_1 Prepared by. Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 182973 Book 1847Page: 122 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES 7DLOPMENT CO.,LLC By- ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JO . A ON, personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of 2003 . (Notary Seal) a" X Notary Public My Commission Expires: � � C ��Nc' '''�•, o •, � 0 132346_1 eRW4s ,\\\. -2- ,///11111111111\\\\ Inst # 182973 Book 1847Page: 123 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: /6hn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNS K COUNTY I, a Notary Public of said County and State, certify that JO A.ATKIN N,JR rsonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC.,a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the.2.day of ,Z0 . (Notary Seal) 0 �• Notary P 'c My Commission Expiry 14 �q BOO �• UMSW�O ��` fill STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN SOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filcd for Registration on this 23rd Day of October. 2003 in the Book and page shown on the First Page hereof. "J. Ito E gister of Deeds 1323461 -3- Brurmdck j.QOl ism istrr ofRobert Inst 03640 Book 29PAw 39 / F 10/22/2003 01L49:06Tm Dad i l• r SPATE OF NORTH CAROIINA eRaNSRRti(COUNTY TRaI IaDERs1oED NEREDY AGODVLE06Es THAT THE L /w/(i[ti'-�AKWW aAl{ER OF ,_ e•• 'f LARD SHOWN ON THIS PLAT 15 WITHIN THE SURNIVISIUM GR NLtINO(COUNTY.mtTIFY THAT 111E MAP OR PLAT 70 v Lr0 by 4 ROBERT&MdHNRY,JL CERRFY REMLATIDI AD JURt=MTM[I BMDWdXK CONTY Taal IRIS 081161MIMIN 6 AW41 D MEE15 ALL STATUTORY sr.JAlES O { IHASLIPERHIS MAP MS DRUM UNDER my FROM ACTUAL FWD /AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND RFAUI 73 FOOR MY vivehmmN �rECORLDN& MLANTA7M-\ �-� \ j yQ DANW� THAT SOW TNE RAT MADE IO E OF PREQ90T1 AS VAN ST.JNES,DIYELIPMENT CD„LLC �jG.- c+�C�� y J q F CALOULATED BY LA7MDDE AND OE- - PBOUNWM MDT aSOPWAID NE 9q M MMM(iR/AIRiWEID r REr1EW OFFICER 11 r` M rdaN y 1�•�P•l AS VISE!L9!E9 Pl M FROM Ed- ROB FORMATION FOUND,N BOONS REFER- EMIBD:1NAT INS MAP WAS PREPARED 4 IN ACCORDANCE■M ILL 47-3D AS I�n 110ty AMEN011ESS MY HAND AND SEAL THIS THE 7M OCiamm A.0. W 4�yT J VICINITY MAP — NOT TO SCALE �p a F- s ..• � L ROBFItT&Ak11EM11Y.JL lBRiaY 7M1AT 7ME 9MNYEY 24211 r AS 9Nr1 ON MS PLAT alll E A SLWVNW Of LAND N ~ LAID SURVEYOR RE WMX L-$4t— 07NN TIME AREA OF A COUNTY OR MU IMAIIIY THAT s % NO AN ORDNANCE THAT REOMAIM PARCELS OF LAND. W aj b 7 r 0+ �,/... 0' !00' 200, 300' y N mn ROBERRT IS. ..R.,PLS l�% F 4 f7 2 �CU � 1.The zorip of His tract is R-73M Thb plat Is part of a y WV UPIfQ NP.Site eslculatkrw total acreage of tract*Act"is 5,49 h ��Ct91n�ra R acres)number of lots created Is 10 I dsnaKy is a'T6waft 4 \ T474031.49 per awes Rhear feet of streets k 930• d 1730,49 3.At(lots shown herann are not located In a Flood a ON AREA Hazard Area ,The IOD year flood boundary Is Cation Areas and , based an FIRM N370 Panes 0360 suffbc 'E'dot"4/% c � L St.James Development Co..LLC('Goner).by recordallm 7a J' 4.The owner of thk tract Is SR.ones Development Co., of Hit plat,has designated certain areas of land shorn hereon !fG,se LLC,P.D.Dew 10879.Souttnport,North Cen'olM'nn 2846E y z` os Canam Ar•ra The Carron Area expressly tr rot ry 4j�ctis (91W 253-30M, x deAeated Iwaby Fa•use by the gentral pubic but is to be conveyedtoSt.Jones tlon Fv rtY Owners' a S,The o SuthoJ%�nuMeanta� service mark. z¢a Assadatbn. Inc.(the•AssadeHon9 far the use and 1 is anpy�n oo praper`ty awnwrs h S'L James Plantation.aMbJeet yyy �1 OSO ACRES $ 3�V to Hx tewldMoms and reserwtbns set forth In tfie N-= el gj 6.Kdw/m buMarq setbacks for aC tots sHosn on this plat Declaration of Covenants.Conditions end Rastricft for St. Non dated Novwnn.1 26,IM and recorded In o r are as follows Ordess sorted fi witfip by the Architectural ge ty Raglsb•y,as h 4in �' Control Carnrdtiee of tix FOA and a Wi ski by nppUcabeOc P"A 453,htuwlck Can Declaration is hereby Incorporated p ¢ znxnYp reeArenerntsY front 30'1 side 10'i side m r w ! to Srvrswkk Electric Member 1 y. , ' WATERCOURSE 0.4 ACRES / EASEMENT �A, 7.Minion dwelling skm and maxbar __ or Atlantic T P ~ / } restrictions are set f In Ha IDestrlctive Covenants X. TV aR twd IV ('Jii �iI �a to this plat to be recorded in the kunswiek Canty y Hob` �x aryvL asslpns,s ———�.i v ;r Z naex • to Install.mnInhh and service ihwM ACRES B,In addition to easements spedfkalty stow on this Q respe�M,BA*,ways,conduits and P*ws wlthk the , CA ItCLE 4, / / •�' ,1 1`� plot,easements fa•drohape and u;Mtlss on nC lots,as more CanrnDn,�(•eaF or the purpose of prwvlto wear wNhIn / � � Z?' / � � 40 Able provkod In the RestrictNe Covenorrts applkabe tin De toe defied h the Master egress, over an / �, 72.71' ,je b to this plot,are reserved as fdlowa Y hslde from lot WiesN 5 tope the !of kpress arMd agl cam over and upon ' —1 73.76• a I 1 C� InsHW all sMe tot IMsI 5'tnslde rear lot Un es If the lot has an Q Haw Pa•suds purpose.provide chat such W. i \►�gypA C e. 10'114151110 must In a newer that Interferes as Ottle as F. SI le S\ 2 LINE A* •2 2' ACRES,, C;rl_, '[.�, P r�M tot to the abuttift tots to the rear. b4 IMus If the lot does F" ndth, ��w the Ceram Area by the Association and the / 9.Easements far pathways m oU tots,as more partculer•ly • J + N d E+the RastrictNe Coverstnts applkable to NVs plat, u resaewils Oar Itself.Its successors wend asslgra,a ! �S_ t I• ore raa n t 15•tnske all Hot enes abuttYp a street. ♦` 'I—w'J'' J OF way and easement for fi0p'es's,aprass SEC"9 PLAT lA J �, S ��0.43 ACRES ! -� vrP a WHI repress over aid across the Canon Area•and the for BANCROFT I J J ,� 5 t• 10.Easoo its for drwInage and maintenance,as more the Installation and nalnteronce of drainage faeNllos and NEIGHBORHOOD J �l°Ci .. ,20'WATERCOURSE particularly provkErd In He Rostrktive Covenants oppikabe utlitMs O1ouftu M�rlpa= In the Carron Arm,and such J !g�' -[ - T to*We plat,are reserved wMW and 15'outeor•d From the edge other woseuents as shorn or desoibed on His plat. n Ha J J tales Master Declaration,or in the Deelaratlon of Restr klv 1 ` 0.42 ACRES-� // ! !p, aF aC and Covenants oppUcobe to tins plat to be executed by Dmer• F �' / 11 This section of the reserve K Part of the Polodn Pud > and r•ecor•od In tIe srnnsw(cic=worn J �y 6 of ray end easements may be asalpnM In hale or which part R cis• 'Tdl O SR James Development Ca,LLC � Tcii /�0.39 ACRESAgent h : 0.37 ACRES CONTRA CORNER J COORDINATES cup '!9 cip �0.38 ACRES EeE7249aM 4t4 �s 9 CURVE DATA ON OENIERLNE ��• a�S ,r + 42 ACRES a 0 k 10 SIN d 300.80 150 LENGTH 14 SS 24•E C. !` lei a a � e i Cz S00AD' 115.77' 115.51' S E ._...� 6 ^b PROPERTY ST. JAWS DEVEL�NENT CA, uc C3 40OW 142Ji0 141AW S 4tl•4534'E RESERVED FOR FUTURE DEVELOPMENT C4 EO&W I 151.r, 146AW S 60'OS'25'E a Fq CS SAO 1 257341 254.SB' S OS•39 55'E >?' CDDF4) ATESv P073E0272246L61 w 6 MATCH SIW29'3�V NO APPROVAL REQUIRED AMM TNIll PLIMM On m REYIEYYEC CURVE DATA ON R/W LUINE S 61.3WIN!, E wjwtm � eve � Er N FOREU�w'raONLYANSD a 40A0' SBJ2' 5=4' S 40'00'44'E L2 N z3'2e's9'E 138,12' CLERK, BRUNSKyGIf COUNTY �' V �' "�� F�OM AMMUM a FOR C2 40A0 69A1' 6a76' N 'E L3 N 6B'54'12•£ 8584 PLANNING BOARD bum COUNTYPJIBT DATE; /r ocr sobs a S Brunmck County--register of Deeds Robert J. Robinson Inst #197131 Book 189-Page 989 02/12/2004 11:14:39aru '3b Declaration of Restrictive Covenants and Easements ` for St. James Plantation 4 I The Reserve, Section 9,Plat 2B (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of Ttz( v.l.k V2-, 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co.'�. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2B, St.James Plantation, recorded in Map Cabinet 29 , Page 3q 1 , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and casements for the purpose of protecting the value and desirability of the Lots. 136763_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 19713.1 Book 1895Page: 990 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. I. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1367631 -2 Inst # 197M Book 1895Page: 991 Weather permitting,all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend.the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and. utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet front the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (H)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. g. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1367631 - 3 - Inst # 197111 Book 1895page: 992 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Arcltectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1367631 -4- Inst # 197M Book 1895Page: 993 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per I +fit is +? square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 136763_1 - 5- y Inst # 197M Book 1895Page: 994 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter,have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1367631 -6- Inst # 197131 Book 1895Page: 995 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall rcquirc the concurrence of the State of North Carolina, Department of Enviromnent and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 136763�1 -7- Inst # 197111 Book 1895Page: 996 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO., LLC By. G ' G !' ohn A.Atkinson,Jr., Authorized Agent NORTH CAROLINA BRUNSW "K COUNTY I, a Notary Public of said County and State, certify that JO . ATKINSON, personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the ll day of ,200 q . (Notary Seal ;ti�ii���rrhrq, B tI Notary Pub My Commission Expires: v Z: ;A Puev STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Convect. 12th February 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. f R0hE—RT J.RO INSON,Register of Deeds 136763 1 - 8- Rnmanck Cmmty--Register of Deeds Robert J. Robinson Inst #197110 Book 189%age 986 02/12/2004 11:13:.50aim Rec#I -�LM 37 �h Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 2B (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of Tt LS y LkcW 4 12- , 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co.'). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2B, St. James Plantation, recorded in Map Cabinet 9-9 , Page 3q Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration', and Development Co. is the assignee under a Partial Assigmnent of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St.James in each instance; 136762_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 197110 Book 1895Page: 987 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I, a Notary Public of said County and State, certify that JO A. ATKINSON, ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this// day ofc J , 20 C . ., (Notary Sear CMG��`�nnnrMpN y", 4 0 Notary Pub My Commission Expires: (U / 2'�/ IN i��AUNiV Iery1#1111 : . 1367621 -2- Inst # 197110 Book 1895Page: 988 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: � ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY AV-&�I, , a Notary Public of said County and State, certify that JOHN A. ATKINSU , JR. p nally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation,and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of 20641. (Notary Seal) g �G' Oti Notary Public rV -k My Commission Expires: r Z C 'c3 BRU 11t,#1111 its" STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Convect. This Instrument was filed for Registration on this 12th Day of February 2004 in the Book and page shown on the First Page hereof. ' 26 RMER"'J.RWINSON,Register of Deeds 136762_1 -3 - IZL7p1.ck C..*r-B,egister a oeeAti A RCbeft J' Robi 29Fage 393 \ CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS IranSEAM #365 BeL� \ ST.JAMES DEVELOPMENT CO LLC.('OWNER').BY RECORDATION OF THIS r 4 21:07:54® PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS - COMMON AREA. THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBYFOR USE BY THE ao� PLANTATION PROPERTYROWNEAL R' ASSOCIC BUTATION,W. ((-THS TO BE EE ASSOCIATION)JAMESYED TO ST. r Iomis ar.��a FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES ""x"' 4 PLANTATION, SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH >> �< IN THE MASTER DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS FOR ST.JAMES PLANTATION DATED NOVEMBER 26,1990 AND RECORDED IN x BOOK 839. PAGE 453.BRUNSWICK COUNTY REGISTRY.AS AMENDED. WHICH ST.� MASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART OF ►�wu>taw THIS PLAT. " Ik 4 1�I to LOT 1 / �\ OWNER HEREBY GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION MAIk>ti'"T T1�L 1 / ,IV BELLSOUIH OR ATLANTIC TELEPHONE CORPORATION.CABLE TV LOT 1 1 rl PROVIDER AS DESIGNATED BY A�IA710N, THEIR RESPECTIVE SUCCESSORS \ AND ASSIGNS A NONEXCLUSIVE E T INSTALL, MAINTAIN AND SERVICE LOT 2 1 / j� g THEIR RESPECTIVE LINES,WIRES, TS DPI $WITHIN THE COMMON AREA VICINITY MAP LOT 3 A LOT 2 f \ 7Y FOR THE PURPOSE OF PRONDIIJG IH r}E DEVELOPMENT(AS DEFINED 1 N THE MASTER DECLARATION), ;RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) s'y;J OVER AND UPON THE COMMON AR F OBE, PROVIDED THAT SUCH k ` RIGHTS MUST BE USED IN A M T S AS UTTLE AS POSSIBLE WITH �ti� / THE USE OF THE COMMON AREA B TH A AND THE MEMBERS THEREOF. LOT 3 OWNER RESERVES FOR ITSELF,ITS S�l1ND ASSIGNS, A NONEXCLUSIVE BRUNSWICK COUNTY, NORTH CAROIMIA _.� 1,MARTIN R. STOUGHTON.PLS L-3727. ACROSRIGHTS WAY AND EASEMENT FOR SS AND REGRESS OVER AND DRAINAG THE E FAC�TIESNAND UTILITIES AREA, AND F(NIDIA N�RIGATION)IN THE NCOMMON E OF AREA. CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY ` SUPERVISION FROM AN ACTUAL SURVEY MADE BANCROFT 1 t'♦ �S LOT 4 / AND SUCH OTHER EASEMENTS AS SHOWN-OR�9CRIBED ON THIS PLAT, IN THE UNDER YY SUPERVISION FROM INFORMATIDN 1 �i MASTER DECLARATION.OR IN THE DE OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND(OR) MAPS F NEIGHBORHOOD APPLICABLE TO THIS PLAT TO BE EXEOIk--D TO¢Y OWNER AND RECORDED IN THE REFERENCED ON Di15 PLAT; THAT LINES NOT //SECTION 9, PLAT 1A � / BRUNSWICK COUNTY REGISTRY, WH" 61 01`WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR AS BROKEN LINES ^ n MC 29,PG. 38 LOT 27 T1 L07 5 ASSIGNED IN WHOLE OR IN PART. �ti AND WERE PLOTTED FROM INFORMATION AS NOTED 0 0.44 %� ON THE PLAT; THAT THE RATIO OF PRECISION AS LOT 26 ACRES BANCROFT ST. JAMES DEVELOPMENT CO.UJM 1-� CALCULATED BY LATITUDES AND DEPARTURES WAS C, } \1 NEIGHBORHO �0 �\ GREATER THAN 1:10,000; THAT THE AREA IS S ^ SECTION 9, PLAT f��-1 COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS 42'19' ',� T /,�( PREPARED IN ACCORDANCE VATH C.S. 47-30 AS AMENDED. 1. �. a 18 1 . MC 29,PG.39 ., p, BY: ,i c / '- L' WITNESS MY ORIGINAL SIGNATURE, REGISTRATION LOT 25 n kA 2422 k � , L�T s`S' \ r MANAGER/AUTHORIZED AGENT NUMBF,(i,_�SE� THIS THE Z I nT AY OF A- 0.35 ; 12 'P� T / A.D.. .. ACRES g_ 0.44 l,o tr� 47 7 App�1 111 a tpC�1-- 1H w• ----1-�----- -- �------ �. CONTROL s '42'19"E t ACRES tq\ /S1W>�-• SJ �� "v+�r11U�n1.ryEQlJa1ED ••�.�• PROFESSIONAL LAND S@�A L-3727 MONUMENT (HAD z7) 1SS „ r``.' •eve E$.550.0 C 23 ^�'" �• 13 N LOT 8 .•`'" ,r •�� -�- sa r �--� ;C1E2K, BRIfN'" THIS SURVEY CREAT LAND !� L- N Z2715.98(HAD 63) 0.35 ;)f J ♦ 0.37 ; c i U GQpI(�U� I T{ L�� TW11AfNHTHEANREA Ut A N UK CPAUTY f�IL;;�7E5 PARCELS E 2,2n,669.s3 • ACRES s a ACRES cf'' , �,• `�•`.? / , _� ,I a448" E T ♦�.M 7 ^� �'•} a WE /C me Sher � �j OF LAND. � J yAl�v s i� •�d C 22 a , 14 �'1 1V� O MAR71N R. STOUGHTON' �yq� L-3727 4 PROFESSIONAL LAND 0.34 ACRES - \ �� ql ST. JAMES n ACRES * 15 V Tft PLAN HAS WM REAM" �� DEVELOPMENT CO., LLC gti COMMON ♦d 'L 10 MR ONLY µD Ol'11 n�vp x' FUTURE DEVELOPMENT) o a A9. AREA N a 0.37 , r� ' NAB BEEII APPROVED FOR CONSTRUBEEN REVIEWED PLANS 4_ BY THE TY HAVE ( T) z 21 0.68 Je ACRES �J v') CONTROL EASBNNM ONLY BY 711EAND Yt * MONUMENT TIME BBRRUNSWICK COVN R IN � )VON ORDINANCE. 0.38 ACRES Bi �� N 73.IW47(HAD 27) 001Jt117 ?�a^w 9p� ACRES e��( so OPEN `' 16 E 227246t.6t LINE TABLE y bh'• ( S 9) 0.44 g r: . N 71256.40(NAD 63) - LINE DIRECTION LENGTH •K *6 SPACE ACRES 4� J i ...•.. �1E 2,272.541.34 COUNTY ENGINEER L1 N 1' 5.76 T.ij 2• �,� 20 �. ♦ .. -.1J1 L2 28.00 a 0.38 4, F 17��,fib <l 41 j S Ts-2e 34 W NOTES. �- L4 1' 20.24.55 ACRES ♦ 0.36 f Ct'1 60.00 �• 1. ZOMNG OF THIS TRACT IS L ACREAGE THIS PUT IS PART A A IS nH `; ACRES �' C1 �� 2. CALCULATIONS: TOTAL ACREAGE OF TRACT DIVIDED IS LS '4 '4' 77.58 O" w♦ w• 1� 8 7 ACRES; NUMBER OF LOTS CREATED IS 14; DENSITY L6 1 "W 75.49 CONTROL %, 7 T9 ,p 4* AlF •_r L7 N 1' 11.55 MONUMENT O4fl ,• O38 T l i I s9 TS PER ACRE: UNEAR FEET OF STREETS IS 1951.28'+/-. N 7A206.23(HAD 83) f �•. �� ♦ CURVE TABLE AIzN�n' y L SHOWN HEREON fF1i LOCATED IN FLOOD HAZARD L8 N 1' 61.88 E 2.271.836.49 r'�F ACRES ,,� •� CURVE DELTA ANGLE RADIUS ARC CHORD BEARING CHORD A E .� O rJ►. EQ OF THIS TRACT IS ST. JAMES DEVELOPMENT L9 38.40 h*'Iyt'O,p� ,G T M^b. pI C/ 40.00 62.83 S 1' W 56.57 I^ �` P.O. BOX 10879. SOUTHPORT. NORTH CAROLINA 28461 L70 N 1' 84.44 �` 4SA a ♦ 18 Gq ♦' ♦ C2 '15' 170.00 127.84 N B ' W 124105 ``-' ( ) 3001. L11 N 4'4 ' 'W 39.98 ��••'r, J 60 rTO�, 0.44 C3 • 't ' 430.00 41.50 41'1 I 41.79 THE JAMES PLANTATION NAME IS A SERVICE MARK. 02 L13 N 2'4' "w 45.69 ST. JAMES 4 �� �4j ACRES �_� C4 14 1' ' 430.00 111.49 '4' 111.18 MIN MBUDIL USE IS NOT TBPERMITTED.ACKS FOR ALL LOTS SHOWN ON THIS DE LOPfELCOOkNT) LLC !y y Q CS 470.00 100.48 W 100630 SU LI4 7 •1" 80.0DJ. Ci'�o C6 9 a9'47' 40.00 65.51 1'I,• 1' S0.43 ARE AS FOLLOWS (UNLESS WAIVED NJ WRNTNG BY THE L15 N t' 73.21 T±tljRE y ♦ �,AR CTURAL CONTROL COMMITTE OF THE PDA AND PERMITTED /.S C7 4• 4' 380.OD 30.44 N '0 YL43 C�1� y PUCA3LE ZONING REQUIREMENTS): FRONT 3,V: SIDE 10': L16 1 80.00 0 ST. JAMES CB 14'44' 1' 420.00 108.04 4 1G".75 SIDE 15'• REAR 30'. L17 70.83 J LS CONTROL C9 420.00 4&61 4&56 7. IMUM OWELUNG SIZE AND MAXIMUM IMPERVIOUS COVERAGE rt MONUMENT DEVELOPMENT CO., LLC C'" L78 N 4 'M' 100.07 CIO t 4C.OD 76,21 65.20 ;,I, TRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS N 73,046.4 (HAD 83 _ L19 78.13 � � �' E 2�___.�l_ � (FUTURE DEVELOPMENT) C11 7 430.00 63.50 N 3'4 '1 ' 6144 <�3� BLE 70 THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY .� ,"11W�6 �J' TRY. L21 18.13 ����, 3 �9 / o C12 20'11'46' 370.00 130.42 1 2"E 129.75 B�ITON TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, L21 14' '1 ' 18.25 �--/ C p` I C13 17'51'12• 370.00 11&28 S IW49'43'E 114.83 "�'' MENTS FOR DRAINAGE AND UTILT17ES ON ALL LOTS. AS MORE r!S C C14 1 '1 370.0D 117.97 S 00'IC05'E 117.47 �,_�'' IP'AR CULARLY PROVIDED IN THE RESTRICTIVE COVENANT'S I�1 °i Cis 29'I '1" 330.OD 16g.55 S 59'S '30'E 166.72 ABLE TO TMS PLAT, ARE RESERVED AS FOLLOWS' S'INSIDE FRONT p�y V C16 '4• 330.00 11.78 S 7'31' E 11.78 ^w LUT LINES: s'INSIDE ALL SIDE LOT LINES; 5' INSIDE REAR LOi ONES 1F C17 270.OD 234.76 S 7777' 2' W 227.44 714E LOT HAS AN ABUTTING LOT TO THE REAR; 10'INSIDE REAR LOT LINES IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. ` �c.:./ C18 21 '14' 360,22 134.27 S 42'01'42' W 133.50 S. EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARTICULARLY THE UNDERSIGNED HIS PLAT IS WITHIN THE THAT THE - > Z LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION +ram, J� C78 '24'04• 370.00 166458 3'W 184.61 PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PUT, REGULATION AND JURISDICTION OF BRUNSWICK COUNTY 1 Af Ate W OF OF iOd� C20 5 370.00 186.58 'IY W 184.61 ARE RESERVED 15' INSIDE ALL LOT UNES ABUTTING A STREET. AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND CK COUNTY, CERTIFY THAT THE T TO i!i,, C21 56'19'O' 470.OD 122.66 S 19'47'34'E 405.85 10 EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARTICULARY DEED. 1 CERTIFICATION IS AFFIXED NEE- S TORY *, PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, C22 71D0'S8' 470.00 8.34 N 7'S &34 •�s RE EN7S FOR RECORDING. l�C, � 1A ARE AESERVFA WTIfN AND 15'OUTWARD FROM 1FlE EDGE OF ALL TAKES AND RINDS, ST. JAMES DEVELOPMENT CO.,LLC C BY: s r,� 1 I,�C4 SCALE: 1" 100' MANAGER/AUTHORIZED AGENT REVIEW OFFICER�. l _,) 0 50 SOO 200 300 DATE REVISION INITIAL 1 THE RESERVE BANCROFT II NEIGHBORHOOD �3987 BUS. HWY. 17 EAST LDCKWQQD FOLLY TDWN OF SECTION 9, PLAT 2B 3987 B NC 28422 TOWNSHIPS • ST, JAMES BRUNSWICK COUNTYDWG NAME.PHONE:910-253-6622 FAX:910-253-6634 PLANTATION NORTH CARQLINA PROJECT 1NUMBER: 011250-OD29 +� - $ ATE: 1/32/04 SCALE. 1 REVISION: CHECKED BY:MP'' Internet Site: http://www.mckimcreed.corn DATE: DRAWN BY:ROT FIELD BODK: [A PC �.a� .�� Jalq hEiE 393 �l+�job ���b�= �� �21. ( bE ,s ,5 Brunswick County—Regist= of Deeds Robert J. Robinson Inst #205225 Book 1925Page 895 04/13/2004 02:55:20pm Rec# (� TOTALr&-- REC# —CK AMT CK -JkSH ocF ® BY Declaration of Restrictive Covenants and Easementsg'� for St. James Plantation ®. .� The Reserve, Section 9, Plat 2C ` ' . (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY ter' ,VHS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of r i 2004, by St. James Development Co., LLC, a North Carolina limited lib ility company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2C, St.James Plantation, recorded in Map Cabinet 3 i7 , Page_1 5 " Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139581_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205225 Book 1925Page: 896 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395811 -2 Inst # 205225 Book 1925Page: 897 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395811 -3 - Inst # 205225 Book 1925Page: 898 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395811 -4- Inst * 205225 Book 1925Page: 899 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. the use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake.or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built on area per 1,1�t 0) square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395811 -5 - Inst # 205225 Book 1925Page: 900 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel,brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30'. vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited-by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants,conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395811 - 6- Inst # 205225 Book 1925Page: 901 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1395811 - 7- Inst # 205225 Book 1925Page: 902 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. pUsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the 43 day of t ,20 j1 . (Notary Seal) '4" AR) a Notary Pu My Commission Expi> © , ;, i STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificates)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. > f ' ` W—a,--— ROhEkT J.RO INSON,Register of DeecTs 1395811 - 8 Brunswick County--Register of Deeds Robert J. Robinson InLst #205224 Book 1925PWe 892 04/13/2004 02:54:39rm Rec# Q Q KkT TC# TOTAL SEC# �-- CK1�.,r.� r%CF BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9,Plat 2C (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2C, St.James Plantation, recorded in Map Cabinet 3 O Page I -S , Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment') (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Devclopment, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which. includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; 139576_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205224 Book 1925Page: 693 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: � .. ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS1 K COUNTY 1, L , a Notary Public of said County and State, certify that JOHN ATKINSON, . personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of p ,20 D) ,`\g16111111 N IP1j p p! (Notary Seal) DAVV/�e �'' 0 �C� �vo�y��'iZ Notary Public My Commission Expires: a �D�oZ .�LNTY \•`� ,''' I!IlIIIff1111111\\\\ 1395761 ' 2" Inst # 205224 Book 1925Page: 894 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By. ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY I, Aa Notary Public of said County and State, certify that JOHN A. ATKINSON,JR. sonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the L _day of 20 . (Notary Seal) Notary Public My Commission ExpiresZwr S : NOT,gq y� oZ oZ ZN vBUG STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Cenificate(s)of DAWN BOLING 1 Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April _ _2004 in the Book and page shown on the First Page hereof. f'--' ° —� ROMIRT J.R INSON,Register of Deeds 1395761 -3 - 30 CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS r KAq, ST.JAMES DEVELOPMENT CO LLC. ('OWNER"),BY RECORDATION OF THIS _D PLAT,HAS DESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS COMMON AREA. THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY nuo >` rl Orumm!Ck County--Register of Deeds FOR USE BY THE GENERAL PUBLIC BUT IS TO BE CONVEYED TO ST' JAMES y aw. q �� Robert J. Robinson PLANTATION PROPERTY OWNERS'ASSOCIATION.INC:.('THE ASSOCIATION") inst/4009 Book 30Page 15 FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES L" `i PLANTATION.SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH 04/13/2004 02:51:3-6pm ReLl j z -{..I I IN 1HE MASTER DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR ST. JAMES PLANTATION DATED NOVEMBER 26,1990 AND RECORDEDS N U-3) BOOK 839,PAGE 453.BRUNSWICK COUNTY REGISTRY,AS AMENDED,4" WOO �- MASTER DECLARATION IS HEREBY INCORPORATED AND MADE A PART CCC A rv-rS L h THIS PLAT. II.wM M' tittr wtplys vim, } •`�7 `a�d �, OWNER HEREBY GRANTS TO BRUNSVACK ELECTRIC MEMBERSHIP CORPORRn ram` I Ir 9ElLSOUTH OR ATLANTIC TELEPHONE MEMBERSHIP CORPORATION.CABIf:.3 � O1 �i,• k ICI PROVIDER AS DESIGNATED BY ASSOCIATION, AND THEIR RESPECTIVE SUC $s ORSti;� t •.�-�) I AND ASSIGNS A NONEXr2it-q E EASEMENT TO NSTALL, MAWTAIN AND SE- ibCE B �s THEIR RESPECTIVE LINES.WIRES,CONDUITS AND PIPES WITHIN THE COMM RFdE' VICIIN MAP �n FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS. IN1 (NOT TO SCALE) IN THE MASTER DECLARATION), TOGETHER WITH THE RIGHT OF INGRESSAND SS BANCROFT II OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE.PROVIDED THA, t_ NEIGHBORHOOD RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS PASSIBLE WITH fe�ir '' 9 a F ie; qti \ SECTION 9, PLAT 2A 1 THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS IIiEilEOF. i-<•r ;z ` MC 29 BRUNSWICK COUNTY,NORTH CAROJNk . PG. 39 q, ) OWNER RESERVES FOR ITSELF.ITS SUCCESSORS AHD ASSIGNS. A N(7NyEXCIV�V�;, I, MARTIN R. STW GHTON,PLS L-372•f ry Fg� _'. \r'ryG DE RIGHT OF WAY AND EASEMENT FOR INGRESS,EGRESS AND REGRE55:�OVER ARII✓I CERTIFY THAT THIS PUT WAS DRAWN uNDR"N1 \ LOT 10 ' ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AND MANTENANCOMMON OF USUPER NDER M ON FROM AN AFROM SURVEY-", !' DRAINAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION)M THE COMMON AREA' UNDER MY SUPERVISION FROM INFORMATKIN a AND SUCH OTHER EASEMENT', AS SHOWN OR DESCRIBED ON THIS PLAT. IN THE SHOWN IN DEED BOOKS AND (OR)MAPS,._-' S O• MASTER DECLARATION.OR IN THE DECLARATION OF RESTRICTIVE COVENANTS REFERENCED ON THIS PUT; THAT UNES'N(AT, r" LOT 16 APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE ACTUALLY SURVEYED APPEAR AS BROKE \ BRUNSWKMC COUNTY REGISTRY,WHICH RIGHT OF WAY AND EASEMENTS MAY BE µp WERE PLOTTED FROMA110 INFORMATION AI^y, TED BANCROFT R IRF ASSIGNED IN WHOLE OR IN PART. ON THE PLAT; THAT THE RATIO D P,R- AS NEIGHBORHOOD CALCULATED N LATITUDES AND DEPMYU WAS ."� '•WCTION 9, PLAT 2B\ ''\ �.. ST. JAMES DEVELOPMENT CO. LLC GREATER THAN 1:R COORDINATE THAT THE'HAT PLAT WAS cJ / COMPUTED BY COORDINATE WITH METH*-'THAT 47- 0 •, C7 IRF PREPARED IN ACCORDANCE METH G.S.GWS. 47-30 7N AMENDED. '--" r-'I LOT 17 �`� IRE WITNESS MY ORIGINAL SICNATLIRE.REGISTRATION _ BY: i' NUMB AN SEAL THIS THE_-Z_DAY OF- - • MANAGER/AUTHORIZED AGENT l a 81 1^' 0.40 ---- 82 a'w ACRES •, PROFESSIONAL LAND SURVEYOR. L-3727 LOT 18 60 o` ACRES w 72� F THIS SURVEY CREATES A SUBDIVISION OF LAID 7 WITHIN THE AREA OF A COUNTY DR MUMCIPAUTY t-• 63S. "sti 9J�y THAT HAS AN ORDINANCE THAT REGULATES PARCELS 0.36 CONTROL OF LAND. '�; F•Plr.\ / =S$ ACRES MONUMENT\ L-3727 w -- N 73.031.61 (HAD 03)E$272,446.00 PR&r.,OONA LAND/9l1RVEYOR m 84 0.37 THE RESERVE CLUB f>T coNe TI kPc Ns FOR T+IIs PROPERTY HAVE ACRES opp� APPROVED BY THE COUNTY LOT 38 � ST. JAMES PLANTATION, LLC BEER' �IEW1?D AtFCE WITHXED ARTICLE O OF \ 8R19' CONTROL ENGINB_4N TY SUBdNS10N ORDINANCE. �.. "E # THE BF7,SVWC.,' OINC q 15.Og MONUMENT ti u' �Y N 72,871.63(MAD 83) `'U��- BANCROFT I i 85 E 2,272.306.00 dN4TY1 tjf R NEIGHBORHOOD N N 0.37 �, �� �(1 7. = ' SECTION 9. PLAT 2E ACRES u ) IRF yg.94 - �, ,3�` F N07E5: S 81.30'47" W i'E_',? ,, 2 cF' 1, THE ZONING Off"THIS-SRACT IS R-7500. THIS PUT IS PART OF A PW. L7 '' Qi ti� CURVE TABLE 2, SITE CALCaATIONS%„TOTAL ACREAGE OF TRACT DIVIDED IS LOT 39 IRF It;:' LINE TABLE DELTA ADUS ARC CHORD BEARING CHORD 1.89 ACRES; NVffiACR OF LOTS CREATED IS 5; DENSITY LINE DIRECTION LENGTH C1 _ 1178 IS 0.3B UNITS PER ACRE: LINEAR FEET OF STREETS IS 0'+/ L1 1 T1 W _ 30.0D It.78 7't'4 3. ALL LOTS .`SHOWN HEREON ARE NOT LOCATED IN A FLOOD 80.00 - 124.26 70.00 125.39 HAZARD AREA. 1nC, t L2 S 37' C2 7000 I1212 1 '26'47'W L11.32 4. THE OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT L3 4' W 7- C3 A .3 "W 102.70 CO., LLC P.O. BOX 10879, SOUTHPORT, NORTH CAROUNA 28461 L4 ry W g1 u r C4 4' 0.00 103.05 31.?2 (910)253-3001. LS 11113 '70' 350.00 31.23 S '4 89.27 5.THE ST. JAMES PLANTATION NAME IS A SERVICE MARK. 'yn, C6 1 I 270.00 88.62 S fi rya' W UNAUTHORIZED USE IS NOT PERMITTED. LB ryl''I E 77. 143.41 ---' L7 S 7 W 80. -� C7 270.00 145.15 B 54'W 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SI40YM ON THIS TM�PLAM IIAt< HRFNlIILC PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE -t'• } L8 S 31 'W 22• G�.' ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED FOREABBIMMONLYAND �" L9 1 '35'W 21.74•L, BY APPLICABLE ZONING REQUIREMENTS). FRONT 30': SIDE 10': HNIIIIIIIIINAPPRONEIDFOR LIOI N 52,42'4-9' CORNER SIDE 15'. REAR 30',REAR ALONG GOLF COURSE 40'. QlL11�T11E -,•-� 7.MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE OOIIIfn HIS ' �• RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY REGISTRY. g IN ADDITION TO ANY EASEMENTS FOR DRAINAGE EAND UTILTITES ON ALL LOTSNT SPECIFICALLY SHOWN ON. MORE J I HTf�1�®,c PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS ' - r 4 - APPLICABLE TO THIS PUT, ARE RESERVED AS FOLLOWS: 5' INSIDE FRONT -, , ADD LOT LINES; 5'INSIDE ALL SDE LOT LUTES; 5 INSIDE REAR LOT LINES IF nis GLERK:BRUtiSIAIIC�•�I:uflr' THE LOT HAS AN ABUTTING LOT TO THE REAR; 10'INSIDE REM LOT LINES rl, IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. ,1 F„5 pL�1yNI�IV G y 9.EASEMENTS THE RESTRICTIVEPATHWAYS OCOVENANTS AP ALL LOTS PLICABLE TO THI-9 MORE S PLAT, 111E UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE '/ 'lit F. nATT ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. LAND SHOWN ON THIS PLAT IS VATHN THE SUBDIVISION LF!//A/C'� / REVIEW OFFICER OF 'u 10. EASEMENTS FOR DRANIAGE AND MAINTENANCE,AS MORE PARTICULARY PLAT, REGUU'now AND JURISDICTION OF BRUNSWICK COUNTY 1, in,'' PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRU WICK COUNTY,CERTIFY THAT ME MAP OR PLAT TO 4 ARE RESERVED WTHN MID 15 OUTWARD FROM THE EDGE OF ALL LIKES AND PONDS, DEED. WMCH IRIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY icy REQUIREMENTS FOR RECORDING. ST. JAMES DEVELOPMENT CO.,LLC L/ �� SCALE: 1" 100' M ACER/AUTHORIZED AGENT REVIEW OFFICER .as c) 0 50 100 200 300 DATE REVISION INITIAL i? THE RESERVE BANCROFT I NEIGHBORHOOD V !) `I TOWN OF SECTION 9, PLAT 2C LOCKWOOD FOLLY �� 1`t ST, JAMES 3987 BUS. HWY. 17 EAST TOWNSHIP `�` e NORTH CAROLINA DWG NAME: VS1 01-01 2 50003 5 BOLIVIA. NC 28422 BRUNSWICK COUNTY L� PROJECT NUMBER: 01250-0035 PHONE:910-253-6622 FAX:910-253-663 4 v"_ LAN TATI ONsM DATE:3/12/04 SCALE: 1'=100' J_ REVISION: CHECKED BY:MRS J DRAWN BY:RDT FIELD BOOK. Internet Site: http://www.mckimcreed.cor-irn DATE:�- 4LA _ Br unwic-c County -Register of Deeds Robert J. Robinson Inst #205227 Book 19 e 9 04/13/2004 02:57:171m Reel 4hT TOTAL �r _ REC# ��C�cMT��� C�17 F � b IA Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 2D �; (Bancroft I Neighborhood) ' NORTH CAROLINA—BRUNSWICK COUNTY IS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of l , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2D, St.James Plantation, recorded in Map Cabinet av0 Page ASP , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. dcsires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139582_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205227 Book 1925Page: 907 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395821 -2- Inst # 205227 Book 1925Page: 908 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but m no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied.until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association,and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5) feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395821 -3 - Inst # 205227 Book 1925Page: 909 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences, Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St.James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395821 - 4- Inst # 205227 Book 1925Page: 910 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush,shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Likes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area ner Lot is ?5f)0 sauge feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395821 -5 - Inst # 205227 Book 1925Page. 911 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395821 - 6- Inst # 205227 Book 1925Page: 912 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. .Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1395821 - 7- Inst # 205227 Book 1925Page: 913 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW COUNTY c a Notary Public of said County and State, certify that JOHN A. ATKIN ON, JR. onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAWS DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the day of ,20Q_q. (Notary Seal) r )I'I,�, �' -�r Notary Public My Commission Expires: `�' aOrANY~ w>r: JOE �G. R1.1i w�G Z+ STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of 1 Notary(ies)Public is(are)Certified to be Correct. A r' 1 2004 This Instrument was filed for Registration on this 13th Day of in the Book and page shown on the First Page hereof. ROE J.RO INSON,Register of Deeds 1395821 - 8 Brunswick County--Register of Deeds Robert J. Robinson Inst #205226 Book 192 a 9Q3 04/13/2004 02:56:45pm Rec#T L4(tT TOTAL 96«�� TC# REC# .. _CK AMt..-- CK4-- ��5H ncF �, SY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation Annexing The Reserve,Section 9,Plat 2D (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of a 1 3 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co.'). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2D, St.James Plantation, recorded in Map Cabinet 3 Page I Co Brunswick County Registry(the"Lots'. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'l, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment') (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); . WHEREAS, Article VEI, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 139577_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205226 Book 1925Page: 904 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS "AATKUNS(K TY a Notary Public of said County and State, certify that JO JR. onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day ofA�' 20'11 �• „1111 (Notary Seal) ��.����.1 BO��ti%,�,. _ OP�pTARy Notary Public Z= My Commission Expires: - ti, QUg��G an 1395771 - 2- Inst # 205226 Book 1925Page: 905 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: �- ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. rsonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC., a corporation,and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of 20L)q . (Notary Seal) `4`.tilt1 i,111111//1�/, ,••'�Q1`�N BO{/q%, Notary Publ .s t,oTARy -. My Commission Expires: _ o Ie/11111,,.�11`, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of 1 Notary(ies)Public is(are)Certified to be Correct. 13th April 2004 This Instrument was filed for Registration on this Day of / , in the Book and rage shown on the First Page hereof. I R013EkT J.R® IKS—ON,Register of Reeds 1395771 - 3 - CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS ST. ima OPMENT CO LLC. ('OWNER'),BY RECORDATION OF THIS PLAT, DE ATED CERTAIN AREAS OF LAND SHOWN HEREON AS --ouiw COMMgld1{tEA.`,- E QOMMON AREA EXPRESSLY 15 NOT DEDICATED HEREBY FOR US�B)( G `RAL PUBLIC BUT IS TO BE CONVEYED TO ST. JAMES PLANTAFFjj�0g1�1S',,� E1lJ0OWNERS' ASSOCIATION,INC.('THE ASSOCIATION") �S CAN 760� A� Brutl�vick County-Register FPLJWTATIO(C.1 TO THE CONDITIONS AND RESERVATIONS SET YMIENT OF PROPERTY OWNERS IN ST. FORTH rA1KMr "`� Robert J. Robi-�tegl ster of Deeds IN THE D ARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 4 FOR ST. #ITATION DATED NOVEMBER 26. 1990 AND RECORDED N TnSt 114010 Book 30Page 16 o- w t 4 BOOK 839' AGE 3•BRUNSWICK COUNTY REGISTRY, AS AMENDED, WHICH ST,mmm 11m r I 04/13/2.004 02:51:39pm Rely `�"'�(,• II 2 ` MASTER DEL�DA IS HEREBY INCORPORATED AND MADE A PART OF t-A IuwrAna THIS PLAT. 11 OWNER HE4Y%RANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION +U1 ^- BELLSOUF.Y ORP"TIC TELEPHONE MEMBERSHIP CORPORATION,CABLE TV PRONDEWASfItIMI.GNATED BY ASSOCIATION. AND D40R RESPECTIVE SUCCESSORS AND A>�4CNS�ONEXCLUSIVE EASEMENT TO INSTALL,MAINTAIN AND SERVICE THEIR`RESPECp�VFi•�NES, WIRES, CONDUITS AND PIPES WITHIN THE COMMON AREA VICINITY MAP c FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED ,^ti1- •'�� IN THE MASTER DECLARATION), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS (NOT TO SCALE) OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE, PROVIDED THAT SUCH 1tl,5'� RIGHTS MUST BE USED N A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH THE USE OF THE COMMON AREA BY THE ASSOCIATION AND THE MEMBERS THEREOF. (Cyr i ,�i"• Y } (L� LOT 27 OWNER RESERVES FOR 175E1.F,ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE 1. MARTIICK COUNTY, NORTH CAROUNA �=1 BANCROFT I ) LOT 11 RIGHT OF WAY AND EASEMENT FOR INGRESS,EGRESS AND REGRESS OVER AND I• MARTIN R. STOUGHTON.PLS L-3727, NEIGHBORHOOD ACROSS 111E COMMON AREA,AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRANK UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE • ,�t� LOT 26 DRAINAGE FAdLI11ES AND UTILITIES(INCLUDING IRRIGATION)N THE COMMON AREA. SECTION , PLAT 1A= , a AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT, N THE UNDER MY SUPERVISION FROM INFORMATION MC 29,PG. 38 O I' MASTER DECLARATION.OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND (OR)MAPS LOT 25 L8 W 1 APPLICABLE TO T9S PLAT TO BE EXECUTED BY OWNER AND RECORDED IN THE REFERENCED ON THIS PLAT; THAT LINES NOT K ACTUALLY SURVEYED APPEAR AS BROKEN LINES BRUNSWICK COUNTY REGISTRY, WHICH 11��GHT 0,�WAY AND EASEMENTS MAY BE ` ASSIGNED IN WHOLE OR IN PART. u1 AND WERE PLOTTED FROM INFORMATION AS NOTED LOT 24 ♦ W 1t p ,. LOT 24 _.5 ON THE PLAT; THAT THE RATIO OF PRECISION AS 8A p ?1 ` i k" ST. JAMES DEVELOPMENT CO.LLC CALCULATED BY LATITUDES AND DEPARTURES WAS • a GREATER THAN 1:10,000; THAT THE AREA IS NEIGH D LOT 23 g9� 28 -" li--1 eh', COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS SECTION 0,�TILAT 16 \ 0.45 '!=_'� C; _�(�i � PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. ACRES (_)I BY. WITNESS MY ORIGINAL SIGNATUREr�RE-GIISTRATION - �Sj3 u BANCROFT II MANAGER/AUTNORIZ133vLGEYi:,, -% ��`-- LOT 22 R E+�6IOT 23 NEIGHBORHOOD NUM �Ny SEAL THIS THE AY aF_ 1 ,.,as• A.D., -L. ���• 0237 '°, SECTION 9 PLAT 26 - _ �� \..•LOT '2T"I M c.S' MC 29.PG 393 .�c:: �.9 y 30 ACRES ': 'C ) :�: , PR ALAND SURVEYOR,----- L-3727 0.3E ----- ,ti 01+ ACRES '4 C 'cJ^ i. .• _ i.,:i_7 E V: '7 LOT 20 31 LOT 22 F / RE$ .P 1 O ,"r•y - THISIRVEY AyUBDIVISION OF LAND k 0.41 ,p 6 / _ �� '•,'r�'rh VA THIN Try AREAf_-O_FACCOUNTY OR MUNIOIPAUTY ( ACRES 4 H THAT Y(AS {JJ pO tR��MM THAT REGULATES PARCELS OF LAND' +, 36 ` " f� 4� LINE TABLE 0.35 - _`-- 32 ` cV� ACRES < LOT 21 LINE DIRECTION LENGTH MARTIN • T _ L-3727 0.4E b . L7 5'03" as.se PROFESSI•w.-,.^t�, LAND R'Y>:vDa 9 ACRES 35 L2 N 27'46'30" E 55.41 ' PUD BUFFER >>• 0.32 L3 N 27'46'3W 25.00 GREEN SPACE k OGIy 3 ( ) B? � fi ACRES 99• F\ � \ L4 N T]0' 49.21 CON5'1iUC'BONON--PLAN$FOR TEN$PROPERTY HAVE �Dq7•�V �, 34 �0�' \ ISS 2OW14- W 25.20 BEEWREVIEWFOIAND APPROVED BY THE COUNTY '� b •� VI THE BRUNSWICK COUNTY SUBDIVISION ORDINANCE, LOT 17 p 9Rf ♦ 0.38 LB N 25.89 WITH ARTICLE Vtli OF 273•� ACRES .�° V N 49.21 PHASE Ty / LOT 16 • / , 33� L9 1' 73,21 COUNTY ENGINEER ----�-- SECTION 33, PLAT 1 i LOT 15 Y^ '�ej 0.40 MC 22, ACRES ST. JAMES NOTES: ,y}) ;? B • DEVELOPMENT CO., LLC I. THE ZONING OF THIS TRACT IS R-7500. THIS PLAT IS PART OF A PUG. CONTROL / !•. ► .. „ ,., CURVE TABLE 2.SITE CALCULATIONS: TOTAL ACREAGE OF TRACT DIVINED IS MONlM1ENT �, _y.I tag.APES (FUTURE DEVELOPMENT) k-C2 DELTA ANGLE RADIUS ARC CM018?BEARING CHORD 4.34 ACRES; NUMBER OF LOTS CREATED IS 9; DENSITY `;:`•1� F N 73,126.45(WAD&3)/0 1 `•-.' {• )' IS .48 UNITS PER ACRE; LINEAR FEET OF STREETS IS 352.40'+ - E 2,271,285.81 V t_ ?? i a 1 '1 " 430.00 75.83 8'51' 75.73 / `;.iO •a 3. ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD 1J'37'1 " 430.00 102.23 S OB'2.54" 101.98„ HAZARD AREA.CONTROL "1 a, 1 01%' 430.00 115.19 114.85 4. THE OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENTMONVMENT -=1 „ 751 44' 25.00 32.8E N 1' 30.55 CO., LLC P.O. BOX 10879, SOUTHPORT. NORTH CAROLINA 2B461 N 73,021.61 (NAD 83) '-� 19 5'01" 200.00 67.78 'M'W 67.45 (910) 253-SOOT.i$T.,JAMES E 2.271.462.97 ��� VW " 200.00 14.31 S 52'03'13"W 14.31 5. THE ST, JAMES PLANTATION NAME IS A SERVICE MARK.DEV�ggl1ltNT CO., LLC �` ; IB'31'8' 275.00 86.91 N 91 'S7"E 86 52 UNAUTHORIZED USE IS NOT PERMITTED. f _,VELOPMENT) L;n '31 7" 275.00 26.51 N 71YT 4" 26.50 6. MNIMUM MOLDING SETBACKS FOR ALL LOTS SHOWN ON THISTnlwp`ANNMeEe11 PLAT ARE AS FOLLOWS (UNLESS WAIVED IN WRITING BY THE FOR EA2111111119117111 ONLY AND . L �1 17' 22&00 09.94 'W 69.55 TED NA6lEBIAPFROVIEDFOR i _') AID P30ilAi"RIEJUilt() il_;� CIO 7.43 226.00 30.35 S 4' 30.33 BRY APPLICABLE CHITECTURAL CZON NG EOUIR MENTSONTROL COMMITTE OF )FRONT 30':POA AND PS SIDE 0 EA 0NLr0V`TW /�,I a r5' -, O11 28 50.00 25.20 N 8 7"E M94 CORNER SIDE 15'. REAR 30'. T;pyW/yE __/y� v _ N< q2 Sp Op 23D3 2t8S 7. MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE t !� "" " RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS ' ;CLERK, BRUNSWICK ll:�NT`( .� �•. C13 1 7• 50.ao 90.89 1 78.7E APPLICABLE To THIS PLAT TO BE RECORDED IN THE BRUNSWICK COUNTY DF lllM hG 80W C- C15 '4' ' 5500-00-00 27.8E 1 14 11'4" Y7 50 B. IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, ►[fWU11 P PV Y tsl Pn'[: 7 ��ZOby C16 61' 'S5' 50.00 53.67 5'59'W 51.30 EASEMENTS FOR DRAINAGE AND UTTLTITES ON ALL LOTS, AS MORE C17 1 175.00 39.4E Wr • • , 39.38 PARTICULARLY PROVIDED IN THE R ICT COVENANTS C18 1 =&DO 93.21 '1T' 92.89 APPLICABLE 1.0 THIS PLAT ARE RESERVED • 5' INSIDE FRONT C T 43.2D LOT LINES; 5 INSIDE ALL SIDE LOT LNES; 51 DE AR LDT LINES IF 19 J25.00 THE LOT HAS AN ABUTTING LOT TO THE REA- I DE AR LOT LINES C20 1 'I ' 150.00 N • 43.f7 34.54 IF THE LOT DOES NOT HAVE AN ABUTTING L T C21 104 'D9' 30.00 54.92 N 7 '4" 47.56 9.EASEMENTS FOR PATHWAYS ON ALL LOTS, 5�,1 RTICULARLY THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE PROVIDED IN THE RESTRCTIVE COVENANTS Al C 0 THIS PLAT, LAND SHOWN ON THIS PLAT IS WITHIN THE SUB COUNTY ��N� 'ti REGULATION AND JURISDICTION OF BRUNSWICK COUNtt 1. ��/��• TiI(<� RENEW OFFICER OF ARE RESERVED 15' INSIDE ALL LOT UN U G A STREET. AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO 10. EASEMENTS FOR DRAINAGE AND MAINTENANCEOR ARTICULARY DEED. WHICH TH9$CERTIFICATION IS AFFIXED MEETS ALL STATUTORY PROVIDED IN THE RESTRICTIVE COVENANTS AP B 'TO THIS PLAT, REOUIREMEipTS FOR RECORDING. ARE RESERVED WITHIN AND 15'OUTWARD FROM THE L ALIAKES AND PONDS. _ e?•7 ST. JAMES DEVELOPMENT CO.. LLC SCALE: 1" 100' By, Or •MANAGER/AUTHORIZES AGENT REVIEW OFFICER p 5O 100 260 3 Gi J� ( .. DATE REVISION INITIAL b' l�l ll 1�;) THE RESERVE BANCROFT I NEIGHBORHOOD 3987 BUS HWY. 17 EAST LOCKWOOD FOLLY ' TOWN OF SECTION 9. PLAT 2D TOWNSHIP • ST. JAMES BOLIVIA. NC 28422 BRUNSWICK COUNTY NORTH CARDLINA DWG NAME: VS101-012500036 PHONE:910-253-6622 FAX:910-253-6634 PLANTATION�f,;,J PROJECT NUMBER: 01250-0036 &I =5" DATE:3/10/04 SCALE: 1"=100' ( REVISION: CHECKED BY:MRS Intemet Site: http://www.mckimcreed.com DATE: lp ` r� DRAWN BY:ROT FIELD BOOK: -30C(o W. 6734 ew. y-��-��rttye �wy Zd HEunmdek County-1"'Ate=ox uo!" Roberti J. Robinson CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS _ Znst 04088 ' Book 3OPage 177 ST. JAMES DEVELOPMENT CO LLC.("OWNER-), BY RECORDATION OF THIS PLr D5/11/2009 09:58:3613n) 7R PLAT, HAS CESIGNATED CERTAIN AREAS OF LAND SHOWN HEREON AS -cchy • COMMON AREA. THE COMMON AREA EXPRESSLY IS NOT DEDICATED HEREBY off` ��,yy� ��pppp�I11 REQUIRED- FOR USE BY THE GENERAL PUBLIC BUT IS T'O BE CONVEYED TO ST. JAMES " I hO APPROVAL PLANTATION PROPERTY OWNERS'ASSOCIATION,INC. ("THE ASSOCIATION") { n pV01, ® FOR THE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST. JAMES PLANTATION,SUBJECT TO THE CONDITIONS AND RESERVATIONS SET FORTH - V BRUNSWICK y COUP IN THE MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ,2 j CLERK,$RUNSViICK CDUCI�II ' FOR ST. JAMES PLANTATION.DATED NOVEMBER 26, 1"0 AND RECORDED IN I BOOK 839. PAGE 453,BRUNSWICK COUNTY REGISTRY, AS AMENDED, MICH j PLANNING BOARD MASTER DEC_ARATION IS HEREBY NCORPORATED AND MADE A PART OF SE A.no DATE, 6��le THIS PLAY. � •nwlrc Nr4A�,,;, se s e •rr.-.^. OWNER HEREBY GRANTS TO BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION MAY BELLSOUTH OR ATLANTIC TELEPHONE MEMBERSHIP CORPORATION, CABLE TV PROVIDER AS DESIGNATED BY ASSOCIATION, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS A NONEXCLUSIVE EASEMENT TO INSTALL, MAINTAIN AND SERVICE THEIR RESPECTIVE LINES, WIRES, CONDUITS AND PIPES WTHIN THE COMMON AREA VICINITY MAP FOR THE PURPOSE OF PROVIDING SERVICE WITHIN THE DEVELOPMENT(AS DEFINED NOT TO SC IN THE MASTER DECLARATION), TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS ( SCALE) OVER AND UPON THE COMMON AREA FOR SUCH PURPOSE, PROVIDED THAT SUCH RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITTLE AS POSSIBLE WITH r� ) THE USE OF THE COMMON AREA BY THE ASSOCIATION AVD THE MEMBERS THEREOF. OWNER RESERVES FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE " BRUNSNACK COUNTY,NORTH CAROLINA BANCROFT I �' LDT 27 1 LOT 11 RIGHT OF WAY AND EASEMENT FOR INGRESS, EGRESS AND REGRESS OVER AND I,MARTIN R.STOUGHTON,PLS L-3727, E ACROSS THE COMMON AREA, AND FOR THE INSTALLATION AND MAINTENANCE OF CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY NEIGHBORHOOD W 1 SUPERVISION FROM AN ACTUAL SURVEY MADE LOT 26 > DRAINAGE FACILITIES AND UTILITIES(INCLUDING IRRIGATION)IN COMMON AREA, UNDER MY SUPERVISION FROM INFORMATION r SECTION 9, PLAT 1 A of AND SUCH OTHER EASEMENTS AS SHOWN OR DESCRIBED ON THIS PLAT. IN THE MC 29, PG 38 ! O i�-• MASTER DECLARATION,OR IN THE DECLARATION OF RESTRICTIVE COVENANTS SHOWN IN DEED BOOKS AND (OR) MAPS L07 25 LB W f APPLICABLE TO THIS PLAT TO BE EXECUTED BY OWNER AND RECORDED IN TIE REFERENCED ON THIS PLAT; THAT LINES NOT , ,1 r 13RUNSYRCK COUNTY REGISTRY, WHICH RIGHT OF WAY AND EASEMENTS MAY BE ACTUALLY SURVEYED APPEAR 4S BROKEN LINES ASSIGNED IN WHOLE OR.M PART. AND WEFE PLOTTED FROM INFORMATION AS NOTED �90 p� m o I LOT 24 ON THE'LAY; THAT THE RATIO OF PRECISION AS 1 BANCROFT I ; LOT 24 }F 9g. } ST. JAMES DEVELOPMENT CO. LLC CALCULATED BY LATITUDES AN)DEPARTURES WAS 1 NEIGHBORHOOD t h3 GREATER THAN 1:10,000: THAT THE AREA IS 26 } LOT 23 gh COMPUTED BY COORDINATE METHOD; THAT THIS PLAT WAS SECTION 9, PLAT IB t g N Q,4$ I � _ PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. 'A�O ACRES BY: _ ✓T _- WITNESS MY ORIGINAL SIGNATURE,REGISTRATION 1q V333 L'; 1 HANCROFT Q MANAGER/AUTHORIZED AGENT NUMBER.AND SEAL THIS THE��DAY OF_;_&L!: _._. �y LOT 22 E yT6' S. 1 LOT 23 NEIGHBORHOOD �'F f A.D.,_ 1 y3"ylyye z 29 .N SECTION 9, PLAT 28 LOT 21 N a 0.37 MC 29. PG. 393 7 5y 6`J Sp ACRES c5 } - - -------- D.36 _~' '^ PROFESS ON IJWD SURVEYOP.,i j L-3727 ACRES J V a; y 4 (�f/ LOT 20 'L`L' °� ;Sl �. � .1 �1�0 C1T � LOT 22 ='='- �`,;'' THIS SURVEY CREATES A SIJBL4YISNIN OF LAND �w 0.41 y`r�. y0 cry In ` _%y'3 sA,n^r'; - WITHIN THE AREA OF A COUNTY OR MUNICIPAUTY p'( ACRES $ C % e g t'• �3 Y THAT HAS AN ORDINANCE THAT REGULATES PARCELS 32 GyFNMEjR�`P�� 36 0.35 LWE TABLE y'' Nlav>�vnF' OF LAND. - LINE DIRECTION LENGTH MARTIN R. STOUGH70N L-3727 D M1Z , C' ACRES '� LOT 21 L7 N 41 '03'E 89.50 PROFESSIONAL LAND SURVEYOR' ACRES 35 � COMMON b N � L2 N 27'46'3LY'E 56.41 PUD BUFFER C, 7/' AREA C' 0.32•�,' v`. L3 N 7'46'30" 25,00 (GREEN SPACE) 4' �f ?*7 r,, PRIVATE rn gyp,�,ACRES r^ 3°eM1 L4 N '06' 49.21 CONSTRUCTION PLANS FOR HIS PROPERTY HAVE I4 STREET 34 ' s 9�h5' \\ L5 S 0'50'14'W 25.20 BEEN REVIEWED AND APPROVED BY THE COUNTY LOT 17 / 7j. 7ARfq 40 v Ca 0.38 L6 N 28' '0"E 25.89 ENGINEER IN ACCORDANCE WITH ARTICLE VIII OF J� ACRES $h• -hg L7 gpp' "E 49.21 THE BRUNSVACK COUNTY SUBDIVISION ORDINANCE LB 8T00' __ 1- __ II PHASE BE LOT 16 / Y / C 33 s --------- L91 N 08'21'58"El 73.211 COUNTY ENGINEER ---� SECTION 33, PLA' 1 LOT 15 s 67 0.4A MC 22. PG. 315 "ACRES ST. JAMES NOTES co! : CONTROL �� N 673�8,9 /8 DEVELOPMENT CO., LLC 1. THE ZONING OF THIS TRACT IS R-7500. THIS PLAT IS PART OF A PUD, MONUMENT 9 OP B FUTURE DEVELOPMENT) CURVE TABLE 2.SITE CALCULAI'tONS: TOTAL ACREAGE OF TRACT DIVIDED IS N 73J26,45(MAD 83) / •k FS y R DELTA ANGLE RADIUS ARC CHORD BEARING CHORD 4.34 ACRES; NUMBER OF LOTS CREATED IS 9; DENSITY E 2,271,265.91 /U 223 Cl 10'06'14' 430.00 75.83 S 03118'1"1V 75.71 IS .48 UNITS PER ACRE; LINEAR FEET OF STREETS IS 352.40'+/-. w 3. ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD 2Q. C2 13'37'1 ' 430.00 102.23 8" 4' 101,96 HAZARD AREA. CONTROL C3 0' " 430.00 115.19___L2jV2jr L 114.85 4. THE OWNER OF THIS TRACT IS ST. JAMES DEVELOPMENT p�vl yr MONUMENT C4 7 25.00 32.86 N 3 50' 1'E 30.55 J CO., LLC P.O. BOX 10879. SOUTHPORT. NORTH CAROLINA 28461 2 N 73.021.61 (NAD 83) C5 19 5'01- 2DO.OD 67.78 6348'44" W 67.45 (916) 253-3001, V1e 7 ST. JAMES E 2.271.462.97 CIS 'OD' 200.00 14.31 S 5211 W 14.31 5. THE ST- JAMES PLANTATION NAME IS A SERVICE MARK. / DEVELOPMENT CO., LLC C7 18.31'26" 27500 SB 91 N 59'15'S7" 885E UNAUTHORIZED USE IS NOT PERMITTED. (FUTURE DEVELOPMENT) ce 3-31'27' 275.00 26.51 N 7117'24'E 26.50 6.MINIMUM BUILDING SETBACKS FOR ALL LOTS SHOWN ON THIS C9 17.4e' ' 225,00 69.94 S 65108'52" W 69.65 PLAT ARE AS FOLLOWS (UNLESS WAIVED FICA WRITING RM THE ARCHITECTURAL CONTROL COMMITTE OF THE POA AND PERMITTED C10 7'4343" 225.00 30.35 S 52'22'45- W 30.33 BY APPLICABLE ZONING REOUIREMENTS): FRONT 30': S-OE 10% ell '52'48" 50.00 25.20 N 6257'17"E 24.94 CORNER SIDE 15'. REAR 30'. C12 2673'2' 50.OD 23,03 _ S 6411'S9' W 22.83 7 MINIMUM DWELLING SIZE AND MAXIMUM IMPERVIOUS COVERAGE THIS PLAN HAS BEEN REVIEWED C73 507 50.00 90.69 7'16" 78.76 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS FOR EASEN9T1'B ONLY AND .14 96'45' 50.00 83.57 N 791 '14" 74.16 APPLICABLE TO INiS PLAT TO BE RECORDED M4 THE BRUNSWICK COUNTY REGISTRY. HIS BEEN APPROVED FOR C15 31' 't 50.00 27.86 A 7 1' 27.50 8. IN ADDITION TO ANY EASEMENT SPECIFICALLY SHOWN ON THIS PLAT, E'ASEAENT8 ONLY BYTHE C16 Bi' 50.00 53.87 1 51.30 EASEMENTS FOR DRAINAGE AND UTILTITES ON ALL LOTS, AS MORE COUNTY ENGINEER C17 1 '1 175.00 39.46 " W 39.36 PARTICULARLY PROVIDED IN THE RESTRICTIVE COVENANTS C78 16 S' 325.00 93.21 N 6• '11" 92.89 APPLICABLE TO TH:5 PLAT, ARE RESERVED AS FOLLOWS: 5'INSIDE FRONT =----•- C79 7.37 325,00 43.20 N '4 '43" 43.1! LOT ONES: 5' INSIDE ALL SIDE LOT LINES: 5' INSIDE REAR LOT LINES IF C20 150.00 34.62 34,51 THE LOT HAS AN ABUTTING LOT TO THE REAR; 10'INSIDE REAR LOT LINES IF THE LOT DOES NOT HAVE AN ABUTTING LOT TO THE REAR. THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE C21 104 3D.00 54.92 N 72547' W 47.56 9 EASEMENTS FOR PATHWAYS ON ALL LOTS, AS MORE PARITICULARLY LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION PROVIDED IN THE RESTRICTIVC COVENANTS APPLICABLE TO THIS PLAT, REGULATION AND JURISDICTION OF BRUNSWICK COUNTY 1. eav" e%&-a# REVIEW OFFICER OF ARE RESERVED 15' INSIDE ALL LOT LINES ABUTTING A STREET. AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUNSWICK COUNTY,CERTIFY THAT THE MAP OR PLAT TO 10 EASEMENTS FOR DRAINAGE AND MAINTENANCE, AS MORE PARTICULARY DEED. WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY PROVIDED IN THE RESTRICTIVE COVENANTS APPLICABLE TO THIS PLAT, REQUIREMENTS FOR RECORDING. ARE RESERVED WITHIN AND 15'OUTWARD FROM THE EDGE OF All LAKES AND PONDS. ST. JAMES MENT CO..LLC 11. THIS PLAT SUPERCEDES THE PLAT PREVIOUSLY RECORDED IN MC 30. /, �� ® SCALE: 1" 100' X. 16. fif/rl��Z ;iWR;6ER/AUlHOR1ZED AGENT REVIEW OFFICER , O 50 700 200 300 DATE REVISION ;INITIAL , u � CREED ThT RESERVE ���jBANCROFT T NEIGHBORHOOD 3987 BUS. H1VY. 17 EAST LOCKWOOD FOLLY �P��1��1T' TOWN OF SECTION 9, PLAT 20 IVIA r 4 TOWNSHIP V i• ST. JAIaES BOL N. 28 2- BRUNSWICK COL(NTY JAW NORTH CAROLINA DWG NAME: VS101-01 250OD36 PHONE:910-253-6622 FAX:910-253-6E34 P L A N T A TI O N PROJECT NUMBER: 01 2 50-003 6 j 1.1 DATE: 3/10/04 SCALE: 1"-100' REVISION CHECKED BY:MRS Internet Site. http://www.mck+mcreed.com DRAWN BY.ROT FIELD BOOK: DATE- Al A n OA 1r10a. -` .L RAeAL.. 1 !r�7 01." ARS . A kid ZI.M g Ito o I Ad ice]IC. 4 Robert I. Ro�77 rLS0"�3 Z e a of S Inst #21o38s 05/18/2004 08:49:4oam Reclt�e882 ktT ��y TOTAL dal._. REv..r TC REC# _CK AML CK -ASH —(1cF .,,m.,...� BY Declaration of Restrictive Covenants and Ease for St.James Plantation menu The Reserve,Section 9,Plat 2E (Bancroft I Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY S DECLARATION as of OF RESTRICTIVE COVENANTS limited liabilit co .. 20()4, by St. James AND EASEMENTS mPanY( Development t. J). Development Co., LLC ANTS is made a Nord, Carolina WITNESSETH: WHEREAS, Development Co. County,lVorth Carolina, is the offer of certain a,and more particularly described as follows: located in B All of the numberedmnswick St.Al James lots shown on that Plantation, recorded in M Plat of The Reserve, motion 9 Br+�nswick County Registry said p Cabinet ` pa el 'Plat 2E, individually as a ••Lot" ' hereinafter referred to as and co i velm$s the "Lots'W hereinafter refe�' the"Plat'. and the aforesaid plats are James PlantationWArecord��ter Decl aration of Covenants, Conditions "Master Declaration") tivas e in Be �9'Page 453,B � and Restrictions for St. and Develotutswick county Registry Plnent CoC . is the by First St. James, Inc. ("First St. J (as amended, the in Book 1178,Page 529,B assignee under a Partial Assignment of antes")' as Declarant '�swick County Registry; Declarant s Rights ' recorded Co. and Fi WHEREAt. Pur uant to an Amendment to James, and to be recorded Master Declaration executed b been subjected to the Master Declaration; in the Brunswick Coon y Development certain additional covenants,conditions � and Develo County Registry, the Lots have the value and desirabili Testrictions Pment Co. desires to subject the Lots to desirability of the Lots. and easements for the purpose of protecting SBAAi._141 141_1 Prepared by: Schell Bray Ay10ck Abel&Livingston P.L.L.C.(JA" (Without Title Search) J i' Insi: 9 2103BG Book 194 Page: 883 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or (ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. SBAAL 141141 1 - 2- 1 Inst # 210386 Book 3.945Page: 884 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5) feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction., and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. SBAAL 141141 1 - 3 - Inst # 2.10386 Book 1945Page: 885 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets, Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within SBAAL 141141 1 -4- I Inst # 210386 Book 19451?age: 886 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacies. 1"ne placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3) months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Frees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-peon area per Loth r:j 00 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot i SBAAL 141141 1 -5 - I ' Ins-t # 210386 Book 1945Page.: 887 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. SBAAL 14114]_1 -6- t I I Tnst # 210386 Book 1945Page: 888 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same,either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severalbility. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] SBAAL 141141 1 .7 - Inst # 210386 Book 1945Page: 8139 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: G. ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, � J. A a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina Iimited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the day of ,20 . 1 atttt111111p1 (Notary Seal) p,Ol.lA/��"''n,��, Q' cs Notary Public My Commission Expires:: STATE OF NORTH CAROLINA COUNTY-.OF BRUNSWICIf The•For�.going(or annexed)Certgfieatc(. of .DAWN BOLING '.i - •.5 K.W.. . .1. V' T•Notat'y(ies)Public is(ate)Certified'to b6.G6rr&t' ' This Instrument was file for Registration an this 18th Day of May 2004 in the Book and;page showfr on the First Page hereof: ' ROE T J.ROWNTON,Register of Deeds SBAAL 141141 1 -8- i Brunswick County--Register of Deeds Robert J. Robinson Inst #210385 Book 1945 qe 879 05/18/2004 08:48:50an Rec.#(S°-IRV 4tT P -0TOTAL RE`� -- TC REC# —�—CK AML ,.,... CK ,,ks4i �---- ^cc ___ Sy!M Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve,Section 9,Plat 2E (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of at4 , 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2E, St. James Plantation, recorded in Map Cabinet 2_, Page 2�_, Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration!), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; f SBAAL_141140_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) i i L Inst # 210385 Book 1945Page: 880 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS "CKCOUNTY Aa Notary Public of said County and State, certify that JOS N, JR. ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of ,200 . 10,111tHlpirl"IDiv , (Notary Seal) ',o� 'y7-. =co Notary Publi My Commission Expires' IIr'hrreluBF�uq� SBAAL 141140 1 -2- Inst # 21.0385 Book 1945Pago: 881 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST S T.JAMES,INC. By: ohn A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWICK COUNTY I, , a Notary Public of said County and State, certify that JO ATKINS ON,JR. onally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC., a corporation, and that he as Vice President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day of ,200 (Notary Seal) a````` ON Notary Public a My Commission Expire:g� t5 Oct ° he CD -10 O �t v ,,,�''�annu�Bp'` STATE OF.NORTH CAROI,INA A COUNTY.OF BRUAWICK The Foregoing(or annexed)cert�ficate(s);of DAWN -BOLING . F 1 Notary(ies)Public is(are)Certified to be.Correct: This Instrument was filed for Registration on this, 16th .D&y of. May 2004 in the Book and page shown ba the First Page hereof, t' dam_ RO E J.RO I SON,Register of Deeds. 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Brunswick County--Register of reeds Robert J. Robinson Inst #220814 Book 1981Pa4E 352 07/19/2009 02:09:51pm Rec# -7 j 7� Rh'TV&u,L J0L4eX144- TOTAL,.- �REV TC#11_ REC# CK AMT CK# CASH REF BY Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 9, Plat 2F (Bancroft 11 Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY HIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of IJA 4 IT', , 2004, by St. James Development Co., LLC, a North Carolina limited liab' 'ty company("Development Co.'�. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2F, St.James Plantation, recorded in Map Cabinet _,3Z) Page 400- , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 143794_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) inst # 220814 Book 1981Page: 353 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements, which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1437941 -2- Inst # 220814 Book 1981Pa4e: 354 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a comer Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines, five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear;(ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 143794_1 - 3 - Tnst # 220814 Book 1981Pageo 355 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets, Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1437941 - 4- Inst # 220814 Book 1981Page: 356 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacics for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-union area per Lot is 7_5tA 00 sAuare feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 143794_1 -5 - last # 220814 Book 1981Page: 357 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants,conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1437941 - b- Inst i 22081.4 Book 198lPage; 358 25. Amendment. These covenants may be amended at any time by an msutumCut signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severabfiity. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 143794_1 -7- Inst # 220814 Book 1.981Page: 359 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: Xfm A.Atkinson,Jr., Authorized Agent NORTH CAROLINA BRUNSWI7jv=y I, j x2, a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. qj WITNESS mv hand and official seal this the day of ,200 . ° ICI $E4L° (Notary Seal) Notary Public,North Oarollna County of Brunswick DonnaT Valk ' Commisslon Irea 2/10/2009 No Public My Commission Expires: to 00 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DONNA T. VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 19th Day of July ,,�004 in the Book and page shown on the First Page hereof. ' kc ROE J.RO I S N,Register of Deeds 1437941 -8 BrurLsw'ck C'ountY--Register of Deed,,, Robert J. Robinson Inst 0220815 Book 1981Page 360 07/19/2004 02:11:20pn Rec# C't j 7�o jtJ 'A0 TIA6RD_REV TC# RED CK AMT____CK# CASH REF BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 2F (]Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 2004, by St. James Development Co., LLC, a North Carolina limited liabil1W company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9,Plat 2F, St.James Plantation, recorded in Map Cabinet %z) Page Brunswick County Registry(the"Lots'l. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 143793_1 Prepared by: Schell Bray Aycock Abe18t Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 220815 Book 1981.Page: 361 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: John A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK OUNTY I, �/— -2 a Notary Public of said County and State, certify that JOHN . ATKINSON, JR. fersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this j k_ day of JL, 20 0 KNotery ICIAL SEAL" (Notary Seal) bic,North Carolina ty of Brunswick nnaT ValkiseionEx 'rea2/to/4009 Notary Pu liC My Commission Expires: to 00 1437931 - 2- fn,St # 220815 Book 1981Page: 362 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JAMES,INC. By: � --- ,,"John A. Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWICK OUNTY IMI— I, � Ja Notary Public of said County and State, certify that JOHN . ATKINSON,JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the� y of 9J20C�. "=Pub4 ! (Notary Seal NotCarolina1-"' 2— ]��z wicklk210/2009 Notary Public My Commission Expires: lo L-4-o e" 1 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DONNA T. VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 19th Jul 2004 This Instrument was filed for Registration on this Day of Y in the Book and page shown on the First Page hereof. ROhE-'kT J.RO INSON,Register of Deeds 1437931 - 3 - d 9 HOf 130 Pn« 0 __4Rai �191p� 1 a m$� NIX ym R 3i� ` Cow / ip Y �9 7R 'jam � ass Ap gill ,rTl nA ¢ i; . Z R Ig � �a�` •K�y� +� �@'yc.T�17. �1 � ���� p ) ��p9���lp �lfltlig� p _ O G f■. 7'•:��y^((I�� 1gp 9'M""i" iEi �II@��O P �,��. a 5�4 IgF.� ig��FP �� 3a f �.. TA y 843 .A3�s �: �YR�q• 6 R), b i� x29 ® ia � i 1 b v—m �1, A R O Bric]t County—Register of Deeds Robert J. Robinson a 1352 Inst #232329 Book 20Z1Pa9 10/05/Z004 01:56:45Pn Rect ;�'�3 ' J 4 _ Declaration of Restrictive Covenants and Easements for St.James Plantation The Reserve, Section 9, Plat 2G (Bancroft II Neighborhood) NORTH CAROLINA BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of 5 , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2G, St.James Plantation, recorded in Map Cabinet 3_, Page _, Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat'1. WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry(as amended,the "Master Declaration"), was executed by First St. James, Inc. ("First St. James'), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. wsl326.tmp Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 232329 Book 2021Page: 1353 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co. replatting any two or more Lots,or(ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted,or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. ws1326.tmp -2- Inst # 232329 Book 2021Page: 1354 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion; extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five (5) feet from the front and side property lines, five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association iii easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. ws1326.tmp - 3 - Inst It 232329 Book 2021Page: 1355 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion, may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within ws1326.tmp 4- Inst # 232329 Hook 2021Page: 1356 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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. AIteration of the drainage as shown on the approved plans may not take place without the concurrence of the Division of Water Quality. The maximum- ermitted built-upon area per Lot is 7. r)ta square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot ws1326Amp - 5- Inst # 232329 Book 2021page: 1357 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. ws1326.tmp - 6- Inst # 232329 Book 202UPage: 1358 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] ws1326.tmp - '7- Inst # 232329 Book 2021Page: 1359 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY / I, eJlZ -- , a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. pbfionally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and fiuther acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the :i C; day of 0" (Notary Seal) ' Nrttan��,e 1--j ��P ,,`Ov Notary Publi My Commission Expires: � ) ! 81, W a- ..11IV '1 t1i11111 • STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 5th Da of October 2004 This Instrument was filed for Registration on this y , in the Book and page shown on the First Page hereof. RO E J.RO I SON,Register of Deeds c ws1326.tmp - 8- Brunswick County Register of Deeds Robert J. Robinson Inst IR232330 Hook 202�76�� I 10/05/2004 01:57:49pm Rem a Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 2G (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of G'r� (ci:- S , 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 2G, St.James Plantation, recorded in Map Cabinet 31 Page 12-G , Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178, Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St. James in each instance; wsl323.tmp Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst A 232330 Book 2021Page: 1361 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By. John A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY i I, , a Notary Public of said County and State, certify that JOHN A. ATKMON, Jk personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day of A JJ20U . (Notary Seal) a►1NP?pJ Notary Pu Vic My Commission Expires:�g6.(QN 0��� .,, AVAMA ..... ws1323.tmp - 2- Inst # 232330 Book 2021Page: 1362 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES, INC. By. . C ohn A. Atkinson,Jr., Vice President NORTH CAROLINA BRUNSWI COUNTY I, 1 , a Notary Public of said County and State, certify that JOHN . ATKINSON,JR. sonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES, INC.,a corporation, and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the day ofJ96 2004. (Notary Seal) geeewo���ea.r.,, SRO Notary P lic m My Commission Expires a :Y 42 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 5th Day of October 20n4 in the Book and page shown on the First Page hereof. ROE J.RO INSON,Register of Deeds ws1323.tmp - 3 - > wil 8 89888111 so T z MIA cA p w z z Z.i Q m HIN gag 'A o LA z 0, r Om Rn Na > A? n m 0 A Am al 'm k 11A gFIAtilgil 99 x0ap W a W ?ell O N,; t3 > A MgWfi V an 8 1 1 MITI 4 Pit 0'm 0 h moo JDm drig use iJ; i4 Rg N't A 1, j VAJ • 5,-3— R 1 IN it U 4� A7Z di ga Nt2 2012i99A Oz 0 I, 6n 2�x 111M.-H APOARAN-> rA EZ eg 2iqq z� HUE- TIM. 4 1' mo M m 49, xo� g-rA 1; Z o m zy Nd POW- ';i 59 u §-;0 M Lm) ROW t L > "RA z;0 > ti rllgVarn 4A GUAWS 14i .;m Rm N-�- 9..D. 0 W� I --q CD "0 Rw *t 0 klau� lam O Brunswick County—Register of Deeds Robert J. Robinson Inst #205229 Book 192 a 917 04/13/2004 02:58:50pa Rec# 4ET - TC#� TOTAL CK# REC# ..._,_CK AMT � BY Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 3A (Bancroft H Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY S DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of , 2004, by St. James Development Co., LLC, a North Carolina limited liagility company("Development Co."). . WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 3A, St.James Plantation, recorded in Map Cabinet 30 , Page I A , Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat'). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry(as amended, the "Master Declaration7% was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139583_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205229 Book 1925Page: 918 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i) replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395831 -2- Inst # 205229 Book 1925Page: 919 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown,the Architectural Control Committee may, in its sole and absolute discretion.., extend the time for construction. No dwelling shall be occupieduntil it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians,bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1395833 - 3 - Inst # 205229 Book 1925page: 920 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395831 -4- Inst # 205229 Book 1925Page: 921 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is ".51,5 square feet. This allotted amount includes any built-upon area constructed within 'the Loi property boundaries, and that portion of the right-of-way between the front Lot 1395831 -5 - Inst # 205229 Book 1925Page: 922 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395831 - 6 Inst # 205229 Book 1925Palge: 923 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof,which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1395831 - 7- Inst # 205229 Book 1925Page: 924 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: G ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW K COUNTY I a Notary Public of said County and State, certify that JOHN A. ATKINSON, J ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the day of - 20 . (Notary Seal) 10*0 ARY a Not Publi My Commission Expireaf Q �0[ ci=_ z o� !� P 4r' � o G �` CK STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. ROM—RT J.RO INSON,Register of Deeds 139583_1 - 8- Rnmswi ck County--register of Deeds Robert J. Robinson Inst #205228 Book 192 a 914 04113nOO4 02:58:17pn Rect�S 4LT TOTAL REC# _CK A l Mt. Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9,Plat 3A (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 1 , 2004, by St. James Development Co., LLC, a North Carolina limited li bility company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James'), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 3A, St.James Plantation, recorded in Map Cabinet ---5O Page ( 4 , Brunswick County Registry(the"Lots'). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James iaa each instance; 139573_1 Prep=d by: SeheIl Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205228 Hook 1925Page: 915 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JO A. ATKINSO , JR. pi4sonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this- --day of APJ 20 . (Notary Seal) �GTY Notary Publi G My Commission Expires: ,! 1395781 -2- Inst i# 205228 Book 1925Page: 916 To evidence its consent to the annexation effected hereby,First St.James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST. JA ES,INC. By: � ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNS COUNTY I, , a Notary Public of said County and State, certify that JOHN . ATKINSON,J , ersonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES,INC.,a corporation,and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the J,3 day of a4,tj 20_0t. (Notary Seal) Notary Pub My Commission Expires: '' ` NOTq,4 cR liquo .� co STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. 13th This Instrument was filed for Registration on this Day of April 2004 in the Book and page shown on the First Page hereof. 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Robinson Inst #205231 Book 192 a 928 04/13/2004 03:00:34pn Rec# ({ 4ET TOTA RE%/� TC* REC# ....—CK AMT, CK � rH ..-.��.^cF �� BY Declaration of Restrictive Covenants and Easements` for St. James Plantation The Reserve, Section 9,Plat 4A (Bancroft II Neighborhood) `\ NORTH CAROLINA—BRUNS WICK COUNTY /VUS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as oft /3 , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co.'). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4A, St.James Plantation, recorded in Map Cabinet Page Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry (as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 139584_1 Prepared by: Schell Bray Aycock Abel&Livingston PJ..L.C.(JAM) (Without Title Search) Inst # 205231 Book 1925Page: 929 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or(ii)an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1395841 -2- Inst # 205231 Book 1925Page: 930 Weather permitting,all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five (5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets,for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. €i. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 139584_1 - 3 - } Inst # 205231 Book 1925Page: 931 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee, as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24) hours on any Lot in such a manner as to be visible from the street; provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1395841 - 4- Inst # 205231 Book 1925Page: 932 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 211.1000. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Stormwater Management Permit. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is L500,square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1395841 - 5 - f Inst # 205231 Book 1925Page: 933 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1395841 - 6- Irnst 1 205231 Book 1925Page: 934 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development (as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 139584_1 - 7- Inst # 205231 Book 1925Page: 935 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, aZ a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. p onally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the�_day of ,2( l 4�4 . (Notary Seal) .1- OLN211N, Notary Public My Commission Expires: T. ARV I + Z f c 01� 1�, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Convect. Aril 2004 This Instrument was filed for Registration on this 13th Da7-Wp f P in the Book and page shown on the First Page hereof. RN,Register of Deeds 1395841 - 8 - Brunswick County Register of Deeds Robert J. Robinson Inst #205230 Book 192 925 04/13/2004 02:59.47om Rec# 0 �( 4ET !rZ TOTAL CK AM'[-- C" ..... REC# i Amendment to Master Declaration of Covenants,Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9,Plat 4A (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of 13, 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co."). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WTTNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4A, St.James Plantation, recorded in Map Cabinet 3 0 Page 1 , Brunswick County Registry(the"Lots'. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration7% and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment, subject to the consent of First St.James in each instance; 139579_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 205230 Book 1925Page: 925 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: / ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNS CK COUNTY I, a Notary Public of said County and State, certify that JOHN A. ATKINSO�J . rsonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this day o , 20 Q Ck (Notary Seal) 8f O �tAgY Notary Pub My Commission Expire3 9 z 1395791 - 2 Inst # 205230 Book 1925Page: 927 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: Gam. A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI COUNTY I, , a Notary Public of said County and State, certify that JOHN A. ATKINSON,JR. sonally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC.,a corporation, and that he as Vice President, being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the J_day of J , 20 (Notary Seal) z Notary P lic fir. My Commission Expirest+�',. 49 IQ � r STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DAWN BOLING Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 13th Day of April 2004 in the Book and page shown on the First Page hereof. / ' ts�= ROE J.RO I ON,Register of Deeds 1395791 - 3 - " zck Caunty---Register of Deeds Robert J. Robinson Inst #220812 B 07/1.9/2004 02:07: 1981Page 341 Book Book Rec# J q75 7(o - -�$Y49 V. Declaration of Restrictive Covenants and Easements for St. James Plantation t The Reserve, Section 9, Plat 4B \ (Bancroft II Neighborhood) NORTH CAROLINA-BRUNSWICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of ti`L -1 , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina, and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4B, St.James Plantation, recorded in Map Cabinet s , Page q0y Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839, Page 453,Brunswick County Registry(as amended,the "Master Declaration), was executed by First St. James, Inc. ("First St. James'), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability of the Lots. 143796_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst N 2.20812 Book 1981Page: 342 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots,without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1437961 -2- Inst # 220812 Book 1981Page: 343 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90) days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten(10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (ill) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, the for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control. Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 143796_1 -3 Inst # 220812 Book 1981Page: 344 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association, in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1437961 - 4- Inst 1! 220812 Book 1981Page: 345 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three (3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 19. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use.To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum aermitted built-upon area per Lot is 7.= .square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 143796_1 - 5- Znst # 220812 Book 1981Page• 346 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co.may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1437961 - 6- Inst # 220812 Book 1981Page: 347 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require tie concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 143796_1 - 7 Inst # 220812 Book 1981Page: 348 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: G ohn A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWIC4ATKINSON, TY I, iZ a Notary Public of said County and State, certify that JOHN JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official )K%Y of 200 ..,. 'OFFICIAL SE4L' l"C Seal Notary public,North Carolina l County Brunswick DonnaT Valk A�x (4e .moo commissionFx 're52/10/2009 Notary Public My Commission Expires: /o Z,2,0 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T. VALK Notary(ies)Public is(are)Certified to be Correct. This Instrument was filed for Registration on this 19th Da of July 2004 in the Book and page shown on the First Page hereof. y r j r RO E J.RO INSON,Register of Deeds 1437961 - 8 - Brunswick County- -Register of Uecds Robert J. Robinson Inst #220813 Book 1981Pa a 349 07/19/2004 02:09:06pm Rec# /7 7 S7(O REL`�1� G . mo BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation Annexing The Reserve,Section 9,Plat 4B (Bancroft II Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of - "t1" 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co"). First St. James, Inc., a North Carolina corporation ("First St. James"), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 4B, St.James Plantation, recorded in Map Cabinet Page qDLj Brunswick County Registry(the"Lots"). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration'), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment's (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 143795_1 Prepared by. Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) 1y1st # 220813 Book 1981Page: 350 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed; and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: —"� �-- A. Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK OUNTY I, 4ila Notary Public of said County and State, certify that JOHN . ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this ay ofJJ4 ,20C 4. 'OFFI i; SEAL-' (Notary Seal) Notary Public,,North Carolina a County of Brunswick OonnaT Valk CommissionFx 'res?Jt012009 Notary Public My Commission Expires: 1437951 - 2- Inst # 220813 &Xik 1981Paye: 351 To evidence its consent to the annexation effected hereby,First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES, INC. By: C�— John A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWI7&;: Y I, — a Notary Public of said County and State, certify that JOHN 4.ATKINSON, JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the Ay of - 200 . F r Notary Public,North CeroNne (Notary Seal) countyo#t3runawidc Donna Valk � fL ••.� commission s 2J10/2008 Notary Public My Commission Expires: 0 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DONNA T. VALK The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 19th July 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. ROE J. RO I SON,Register of Deeds 1437951 - 3 - MAP • U PAE-6 404 �19104 ?�� �FFff���aSS}P�=' il'N�C14 a� i■iL4�� RSA i `'04 n9t o t e �i •R p o T. � a r B Lao ' _ o:vc• 4 ° \ 4. � #SEE /� � ^ i:�: � a p R a � >g � �•t � N _ H Dr te " -a ., .I moo. • m.� . $m sill ��c d ��O > b7Y r z E� ��Pa fn�' rgg I " F d'RA �� 1 tl$QR —DI 8 air 4w " R..Y� ` �• _ y _ _ _ '°& "gy zzm & y ' HIM 6 Via. Ill X41xa�I fix a yAgV � �gg3 �_ i £�'!g3$iM1 p'd _'s0idR Sa € R 4 'AMA g R ��e x F& 4 F 9�+ a I'• g I @ fill 8gl N �life � ••���Q` � � �A����� �R=�a $�gg � ����¢ p 6 a �� a � a� �9� • ,� °E� � � d yRx g?R� tgs 14.1 oft A7 #.a A - z? OR'�qa . pAll lot M, fig 11 5' m off: { 2 3 ny� a7a R ° b Q ' Illilllllllllllllilllllllllllllllllll 8423 P0761 coons PROP Brunswick County, NC Register of Deeds page 1 of 3 le l J r1 Return tol� t b�" Type J s Total Rev Int. Ck$ Ck# Cash$ Refund_ Cash$ Finance STATE OF NORTH CAROLINA a Portions of document are illegible due to condition COUNTY OF BRUNSWICK of original. 0 Document contains seals verified by original instrument that cannot be reproduced or copied. Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation, The Reserve, Section 9,Plat 4B (Maximum Permitted Built Upon Area for Lot 5 1) This Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St. James Plantation,The Reserve, Section 9,Plat 4B("Amendment") is made and entered into this I day of , 2019 by St. James Development Co., LLC, a North Carolina limited liability company("St.James Development Co."). RECITALS: A. St. James Development Co. caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St. James Plantation,The Reserve, Section 9,Plat 4B in Book 1981,at Page 341 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised, including without limitation by this amendment, is referred to herein as the"Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 Please return to Ward and Smith, P.A., University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 IIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIlIIII 08 2019 11renda4225 P@16108:44:04.000 M. Clemmons PROP Brunswick County, NC Register of Deeds page 2 of 3 B. St. James Development Co.desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178,Page 529, Brunswick County Registry, during the Development Period,Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. NOW,THEREFORE, St.James Development Co., exercising its right to amend the Declaration pursuant to the provision set forth above, hereby amends the Declaration as follows: 1. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet.The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 51 to 7,560 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration, including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF, St.James Development Co.,acting pursuant to the authority above recited, has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: � r Au4.���!�(SEAL) Robert F. Masters, thordized Agent 08 01 2018 III Illllllllllllllllllllllilll IIIIII L%23 P07t; m�s;e4.0R0 Brunswick County, NC Register of Deeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF f'1,e1A �4��n0 I certify that the following person personally appeared before me this day, acknowledging to me that he signed the foregoing document for the purpose(s) stated therein, in the capacity indicated therein: ROBERT F. MASTERS. Date: 2r> k 4 Signature of Notary ffublfol 1,e11 Notary's prin ed or t ed name My commission expires: (Ojficial Seal) SHELLY J. BAKER Notary Public Pender County, North Carolina My commission expires Aug.13,2023 Notary seal or stamp must appear within this box. annum yRo Ji. Robinson Regist:er of Deeds Inst #197107 Book 1895p 02/2/2004 11:09:53aei Rec# 967 Declaration of Restrictive Covenants and Easements ` for St.James Plantation f, The Reserve, Section 9, Plat 5 E " ^� (Bridgewater Neighborhood) NORTH CAROLINA--BRUNS WICK COUNTY THIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of T: ,6 1:1k go ti 12 . 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 5, St.James Plantation, recorded in Map Cabinet _2-4V , Page 394, Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lpt" and collectively as the "Lots" and the aforesaid plats are hereinafter referred;to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453,Brunswick County Registry (as amended,the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 1367681 Prepared by: Scholl Bray Aycock Abel&Livingston P.L.L.C.(JAW Inst # 197107 Hook 189%age: 968 NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements,which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the parry or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1367681 - 2 Inst # 197107 Book 1895Page: 969 Weather permitting, all landscaping shall be finished upon completion of the dwelling,but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co.,the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five (5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 1367681 -3 - Inst # 197107 Book 1895Page: 970 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary"sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs,cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided,however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1367681 -4- Inst # 197107 Book 1895Page: 971 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes, trash or garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition,free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation,nor any dogwood,flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is 7:5<)0 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 1367681 -5 - Inst # 197107 Book 1895Page: 972 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas,but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1367681 - 6 Inst # 197107 Book 1895Page: 973 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration) owned by Development Co. 28. Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 1367681 - 7- Inst # 197107 Book 1895Page: 974 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: � John A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWI COUNTY I, a Notary Public of said County and State, certify that JO A. AT SON, A personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the Lt_day o /j&,a —,20 0 (Notary Seal) ' 3011/UG"y*% ;-Q ��ARY Notary Publ My Commission Expiresz: s 6 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 12th February 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. RO E J.RO INSON,Register of Deeds 1367681 - 8 x ,......_r__,._. _*---. J r 0 10. I PH p 4g ■g tRU"So �wLANDTOu�rn _ tas uc 3 �+ x € IN q ' FM > 8 € R R a R 5 I. f $g gig $�5 $ $ $ $ _ $ 01111�� � s its TR `'• ,;VIP ', , s•t r� v GH Q \ Rp K GRIP NDIM NO'27 SQL>•V +� i ; SAIMNSpi b aa 4� A r. 5 6 41, Yk flows t aocz�•v —� �'' E� PIV = — --�————————— —i ell mkAd Lf Ii � � Ct 00 333 . Pill g Ill v- 1z $ $ $ $$ ° # $ gill +4 s— '--5 THE RESERVE �t aµCAAo BRIDGEIIATER NEIGHBORHOOD 'S . McHENRY SURVEYING aQ�tpfa a'� SECTION 9 PLAT 5 LUCKWmD FOLLY TOWN OF PROFESSZaWL LAND SU VEM a eeAL TOYMSlOP . ST.JAIES' P.a XW 433 -105 SE. 46th STREET $ DATE`Ea-06-=4 WAU:i'•t00 1RLWWACK COATY NatTH Cmmm OAK ISLAND.M.C.W465 RL1�1116:D CHMM D.r.pv PLANTATION TEL, 9J"7e-9974 '�. DRAIN W..CMQHEDY NEW aw.fu !SN FAX, 910-e76-3799 'r4SneHE�p� Brut ,rick r Ro�r� ,o I�S� •T- Deeds Ro rinOnystor of 07/1.9/2004 102:05:Book I98Ip 3�An R age 3:30 RET W —SCt, f TOTAL 35-- REV TC#_ J 7 RED _ CK AMT._CK# CASH - REF_____BY Declaration of Restrictive Covenants and Easements for St. James Plantation The Reserve, Section 9, Plat 5B (Bancroft I Neighborhood) NORTH CAROLINA—BRUNSWICK COUNTY TVIS DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS is made as of J v\.\4 k`i t"n , 2004, by St. James Development Co., LLC, a North Carolina limited liability company("Development Co."). WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 5B, St.James Plantation, recorded in Map Cabinet _3 a Page iffi3_, Brunswick County Registry (said numbered lots are hereinafter referred to individually as a "Lot" and collectively as the "Lots" and the aforesaid plats are hereinafter referred to as the"Plat"). WHEREAS, that Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation recorded in Book 839,Page 453, Brunswick County Registry(as amended, the "Master Declaration"), was executed by First St. James, Inc. ("First St. James"), as Declarant, and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry; WHEREAS,pursuant to an Amendment to Master Declaration executed by Development Co. and First St. James, and to be recorded in the Brunswick County Registry, the Lots have been subjected to the Master Declaration; and Development Co. desires to subject the Lots to certain additional covenants, conditions,restrictions and easements for the purpose of protecting the value and desirability of the Lots. 143800_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Search) Inst # 220810 Book 1.981Page: NOW, THEREFORE, Development Co. hereby declares and covenants that the Lots shall be held, sold and conveyed subject to the following covenants, conditions, restrictions and easements, which shall run with the land and be binding upon all parties having any right,title or interest in the Lots or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a Lot may be used as a temporary sales office and/or model with the prior written consent of Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of Development Co. Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of any Lot or Lots owned by Development Co. A combined Lot may be created by(i)Development Co.replatting any two or more Lots, or (ii) an owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when(i)replatted, or(ii)the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions, restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot (unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall'be or become an unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. For purposes of this paragraph, the area to be included in the determination of the total number of heated square feet shall be all interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. 5. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home,manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the Architectural Control Committee of St. James Plantation Property Owners' Association, Inc. (the "Association"), prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. 1438001 -2- Inst # 220810 Book 1981Page: 332 Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety(90)days after the date the dwelling is occupied. Upon written request of the owner and for good cause shown, the Architectural Control Committee may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the Architectural Control Committee. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the Architectural Control Committee reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot; provided, however, that the following shall be minimum standards unless expressly waived in writing by the Architectural Control Committee (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on any Lot nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all property lines,measured five(5)feet from the front and side property lines,five(5)feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii)easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond (see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv) other easements as shown or described on the Plat. Such easements shall be for the installation and maintenance of drainage facilities,utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the owners of same. Easements for drainage facilities,utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. S. No Temporary Structures. Except during construction, and subject to approval by the Architectural Control Committee, no structure of a temporary character shall be erected, placed or allowed to remain on any Lot, nor shall any building materials be stored on any Lot. 143800_1 - 3 - IrLSt # 220810 Book 198IPage: 333 No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets, Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the Architectural Control Committee. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a licensed contractor, the design of which must be approved by the Architectural Control Committee. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the Architectural Control Committee,as amended from time to time. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided,however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily,on any Lot prior to completion and occupancy of the dwelling on such Lot. (d) The Board of Directors of the Association,in its sole and absolute discretion,may provide a limited waiver of the requirements contained in subparagraphs (a) and (b) above for good cause shown. 13. Operation of Motor Vehicles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within 1438001 -4- Inst * 220810 13n0k 1981Page: 334 St. James Plantation, except those vehicles used in the course of permitted construction and development within St.James Plantation,or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and Outdoor receptacles for ashes, trash of garbage shall be governed by the Architectural Control Committee. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board of Directors of the Association and as set forth in the Master Declaration. 17. Repair or Removal of improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the Architectural Control Committee grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without the prior written consent of the Architectural Control Committee unless it is in the area of the Lot approved for construction of a structure. 19. Lakes and Ponds. The use by any owner of a lake or pond is subject to rules and regulations of the Association,which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot, the owner of such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with State Stormwater Management Permit Number SW8 020713, as issued by the Department of Environment and Natural Resources, Division of Water Quality, under NCAC 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. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum yermitted built-upon area per Lot is 7,500 square feet. This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of-way between the front Lot 143800_1 _5 - Inst # 2.20810 Book 1981Page: 335 line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in, piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. Development Co. hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water therefrom, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval,consent or waiver rights are specifically granted herein to the Architectural Control Committee or the Board of Directors of the Association, the Architectural Control Committee or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 24. Term. These covenants shall run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by two-thirds (2/3) of the then owners of the Lots has been recorded, agreeing to terminate said covenants in whole or in part. Any termination of paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 1438001 - 6 - Inst # 220810 Book 198ZPage: 336 25. Amendment. These covenants may be amended at any time by an instrument signed by two-thirds (2/3) of the then owners of the Lots; provided that any such amendment during the initial, thirty year term of these covenants shall require the written consent of Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, Department of Environment and Natural Resources,Division of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, Development Co., First St. James, the Association, and their respective successors or assigns, or any owner of a Lot shall have the right to enforce, by a proceeding at law or in equity, all restrictions and conditions herein imposed, against any person or persons violating or attempting to violate the same, either to restrain the violation or to recover damages. Failure by any such entity or person to enforce any restriction or condition shall in no event be deemed a waiver of the right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of Development Co.hereunder shall inure to the benefit of its successors and assigns if so specified by Development Co. in a recorded instrument; provided, however, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means,to any portion of the Development(as defined in the Master Declaration)owned by Development Co. 2& Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. [Remainder of Page Intentionally Left Blank] 143800_1 -7 Irtst: # 220810 Book 1981Page: 337 IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST. JAMES DEVELOPMENT CO.,LLC By: G �' A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY I, ci ` a Notary Public of said County and State, certify that JOHN A. ATKINSON, J ersonally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO.,LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this the PS- day of 20_U,. (Notary Seal) Notary PuQic My Commission Expires: J Oe z wSR � STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOLING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 19th July 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. ' ROE J.RO INSON,Register of Deeds 1438001 - 8 - Brun-awi c:k County---R09 i suer of Ueedc-, Robert J. Robinson Inst #220811 Book 1981Page 338 07/1.9/2004 02:07:01pn Rec# H75-7� 3 TOTAL REV TCf , REC# CK AMT CD CASH REF BY Amendment to Master Declaration of Covenants, Conditions and Restrictions for St.James Plantation Annexing The Reserve, Section 9,Plat 5B (Bancroft I Neighborhood) NORTH CAROLINA—BRUNS WICK COUNTY THIS AMENDMENT TO MASTER DECLARATION is made as of J u w 1 CA 2004, by St. James Development Co., LLC, a North Carolina limited liabilfty company ("Development Co"). First St. James, Inc., a North Carolina corporation ("First St. James'), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 5B, St. James Plantation, recorded in Map Cabinet 31 Page VQ3 Brunswick County Registry(the"Lots'l. WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529,Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has been assigned to Development Co. pursuant to the martial Assignment,subject to the consent of First St. James in each instance; 143799_1 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAND (Without Title Search) Inst: # 2208.11. Book 1981Page: 339 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St. James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: ohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSWICK COUNTY 1 I, a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. personally appeared before me this day and acknowledged that he is an Authorized Agent of ST.JAMES DEVELOPMENT CO., LLC,a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal,this _`iay of 2040 . (Notary Seal) Notary Public My Commission Expires: I-IGISEAL- Notary Q Public,North Carolina County of 9runwAck DonnaT Valk Room '�--'' Commission res 2I10l2009 1437991 2 ITIst # ?_7.081.1 Book 1981Page: 340 To evidence its consent to the annexation effected hereby, First St. James has causes Unis Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: , Z�;;? ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSWIC OUNTY 1, , a Notary Public of said County and State, certify that JOHN . ATKINSON,JR.personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation, and that he as Vice President,being authorized to do so,executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the 4='day of .20o no FFI SAL' (Notary Seal) Notary Public,North Caroflna County of t9runswick Donna Valk '` .o°"""' m Ex m 211OP 09 Notary Public My Commission Expires: 1� a0 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed)Certificate(s)of DONNA T. VALK Notary(ies)Public is(are)Certified to be Correct. 19th July 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. ROhE—kT J.WI INSON,Register of Deeds 1437991 - 3 - Gumbo— "H 1 W_.o 0 o L4 -gas 25 al? HAN 01 A.z 1. 2 % 1 .0 m W002 VT 0 set. • 6 Ru P 1 0 va 'g rA L Ail, AM111 01P ixom J Rt R 11111 EEZE jq 121 9b -0 22, !jgj1g, 1 z I'MIli W A. .0 n i Ha i irli 1; 0 z 14'-X."' '22 GURAMINME. X�V A lot He i i V'rop, xj 21 15? - Tx z 2:1 1A oil 'A %goii gfi" , �,, t Jai 6 1 zx i tv- zc MAX IgH flUIRA841111g I Ali 10 M 50 M En q A -R ptm om 8011gil'A I 215911,56,102 1. is.1 1 T a,A i -Z 0 > Vd. +t.g P NX 11A 0 im I 0 PHU �mawirJc t�aunty-- � a� Robert J. Robinson inst #197106 Book 1895Page 964 02/1.2/2004 11:09:18am Rec# � Amendment to Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation Annexing The Reserve, Section 9, Plat 5 (Bridgewater Neighborhood) -- NORTH CAROLINA—BRUNSWICK COUNTY s THIS AMENDMENT TO MASTER DECLARATION is made as of br-uo�►k 1 Z , 2004, by St. James Development Co., LLC, a North Carolina limited liability company ("Development Co.'). First St. James, Inc., a North Carolina corporation ("First St. James'), joins in this Amendment for the purpose of consenting to the annexation effected hereby. WITNESSETH: WHEREAS, Development Co. is the owner of certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the numbered lots shown on that plat of The Reserve, Section 9, Plat 5, St.James Plantation, recorded in Map Cabinet 2.5 , Page 3 '1 4 , Brunswick County Registry(the"Lots'). WHEREAS, First St. James is Declarant under that Master Declaration of Covenants, Conditions and Restrictions recorded in Book 839, Page 453, Brunswick County Registry, as amended (the "Master Declaration"), and Development Co. is the assignee under a Partial Assignment of Declarant's Rights recorded in Book 1178,Page 529, Brunswick County Registry (the "Partial Assignment") (unless specifically defined in this Amendment, the definitions set forth in the Master Declaration shall apply to the terms used herein); WHEREAS, Article VIII, Section 1 of the Master Declaration provides that Declarant may annex additional land into the Development, as defined in the Master Declaration, on or before January 1, 2020, without consent of other owners within the Development, by the recordation of an amendment to the Master Declaration, and the right to annex certain land, which includes the Lots, has beer. assigned to Development Co. pursuant to the Partial Assignment,subject to the consent of First St.James in each instance; 1367671 Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) Inst # 197106 Book 189SPage: 965 WHEREAS, Article VIII, Section 1 of the Master Declaration also provides that Declarant may add or modify provisions of the Master Declaration with respect to the property being annexed;and WHEREAS, Development Co. desires to annex the Lots into the Development by recordation of this Amendment and First St.James has consented to such annexation. NOW, THEREFORE, Development Co. hereby declares that the Lots are annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration. IN WITNESS WHEREOF, Development Co. has caused this instrument to be duly executed as of the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By. ��� ,ollohn A.Atkinson,Jr.,Authorized Agent NORTH CAROLINA BRUNSW CK COUNTY I, , a Notary Public of said County and State, certify that JO A. ATKINSON, personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO.,LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of'the company. WITNESS my hand and official seal,this�_day of ,20 051 . aq,uunnp, (Notary Seal) ��11%%lei NG��`'',, ..� Y u: =` Notary Pub My Commission Expires: NO, . WICK rnW00,, 1367671 -2- Inst # 197106 Book 18951Page: 966 To evidence its consent to the annexation effected hereby, First St. James has caused this Amendment to Master Declaration to be duly executed as of the day and year first above written. FIRST ST.JAMES,INC. By: � ohn A.Atkinson,Jr.,Vice President NORTH CAROLINA BRUNSW CK COUNTY I, , a Notary Public of said County and State, certify that JO A. ATKIN ON, J 'personally came before me this day and acknowledged that he is a Vice President of FIRST ST. JAMES,INC., a corporation, and that he as Vice President,being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the[ _day o 20D�. (Notary Seal) N aQ"'•• , Notary PubIG My Commission Expires: CAI Mv 2; ., PX0 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK DAWN BOL ING The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 12th February 2004 This Instrument was filed for Registration on this Day of , in the Book and page shown on the First Page hereof. > ' R 13E-kT J.RO INTON,Register of Deeds' 1367671 - 3 �r Robertalmaw (7ouu ntysm_Registnr of Deeds Robert J. Robinson Tnst #250511 Book 2007page 31 02/09/2005 05:24:07pn Reclk ,y-y RET TOTAL 39' REV REC# —_CKAM y CASH` REF`�B CK# —TA_/ Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St. James Plantation, The Reserve Wyndmere Neighborhood Lots 27-32 NORTH CAROLINA—13RUNSWICK COUNTY THIS AMENDMENT AND DECLARATION is made as of February Q 9 . 2005, by St.James Development Co., LLC, a North Carolina limited liabil Development Co.,,). ity company ('St. James WITNESSETH: WHEREAS, St. James Development Co. owns certain property located in Brunswick County,North Carolina,and more particularly described as follows: All of the property shown on that plat of St. James Plantation, The Reserve, Wyndmere Neighborhood, Lots 27-32, recorded in Map Cabinet 31 Page��� ,Brunswick Count Registry ' Y g try(said,plat is hereinafter referred to as the "Plat" and the property shown on the Plat is hereinafter referred to as the "Property" and the numbered lots shown on. the Plat are hereinafter referred to individually as a"Lot"and collectively as the "Lots"). WHEREAS, the Master Declaration of Covenants, Conditions and Restrictions for St. James Plantation is recorded in Book 839, Page 453, Brunswick County Registry (together with all amendments thereto recorded in accordance with the provisions thereof, the "Master Declaration") (unless otherwise defined herein, all terms defined in the Master Declaration shall have the same meanings in this Amendment and Declaration); WHEREAS,the Master Declaration provides that a Declarant may annex additional land into the Development, and the original Declarant has assigned that right with respect to certain land, including the Property, to St. James Development Co. pursuant to that Partial Assignment of Decl.arant's Rights recorded in Book l 178, Page 529,;Brunswick County Registry; 154428_1.DOC Prepared by: Schell Bray Aycock Abel&Livingston P.L.L.C.(JAM) (Without Title Examination) Inst # 250511 .gook 2067page: 32 WHEREAS,the Master Declaration establishes certain covenants, conditions, restrictions and easements running with the .land located in the Development, including provisions setting forth certain.functions and duties of. St. James Plantation Property Owners Association, Inc. (the "Association") and its Architectural Control Committee (the "ACC"), and easements and other rights reserved by Declarant; WHEREAS, St. James Development Co. has determined to annex the Property into the Development and subject the Property to the provisions of the Master Declaration, and St. James Development Co. also desires to subject the Lots to certain additional covenants, conditions, restrictions and easements for the purpose of protecting the value and desirability thereof and of other adjacent properties. NOW, THEREFORE, St. James Development Co. hereby declares that the Property is annexed into the Development and shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements contained in the Master Declaration, and to the following additional covenants, conditions, restrictions and easements, all of which shall run with the land and be binding upon every Person having any right, title or interest in such land or any part thereof,their heirs, successors and assigns, and shall inure to the benefit of each Owner thereof. 1. Land Use. The Lots shall be used for single-family residential purposes only. The operation of any business or commercial enterprise upon any Lot is expressly prohibited; provided, however, that a .Lot may be used as a temporary sales office and/or model with the prior written consent of St. James Development Co. 2. Resubdivision and Combination. No Lot shall be resubdivided or its boundary lines changed without the prior written consent of St. James Development Co. St. James Development Co. expressly reserves to itself the right to resubdivide or change the boundary lines of.any Lot or:Lots owned by St. James Development Co. A combined Lot may be created by (i) St. James Development Co. replatting any two or more Lots, or (ii) an Owner acquiring two or more adjacent Lots, without replatting, followed by the construction thereon of a single dwelling in such a manner as to require the Lots to be treated as one Lot in order to meet any setback requirements. Each combined Lot shall be considered a single Lot for assessment and voting purposes as contained in the Master Declaration when (i) replatted, or (ii) the single dwelling thereon is complete and a Certificate of Occupancy or Compliance has been issued by the appropriate governmental authorities. The covenants, conditions,restrictions and easements set forth herein shall apply to each Lot so created, except that the provisions creating easements for drainage and utilities along all side lot lines shall apply only to the exterior side lines of a combined Lot(unless an easement is specifically shown on the affected Lot or Lots on the Plat, in which case a release must be obtained from the party or parties with rights to such easement). 3. Nuisances. No noxious, offensive or illegal activities shall be conducted upon any Lot, nor shall anything be done that shall be or become an 'unreasonable annoyance or nuisance to any person whomsoever. 4. Dwelling Size. No dwelling shall be erected or allowed to remain on any Lot if the dwelling does not contain at least 2,200 heated square feet. .For purposes of this paragraph, the area to be included in the determination of the total number-of heated square feet shall be all 154428_1.DOC -2 - Inst 8 250511 Book 2087Page: 33 interior areas within the roof line of the dwelling, excluding open porches, terraces and like areas; provided, however, that up to 200 square feet of this minimum requirement may be provided by covered porches, so long as the roof of such porches forms an integral part of the roof line of the main dwelling. $. Architectural Control. No dwelling shall be erected or allowed to remain on any Lot unless the construction of such dwelling is substantially performed on the Lot. No mobile home, manufactured home or modular home shall be erected or allowed to remain on any Lot. As more particularly provided in the Master Declaration, all proposed improvements, alterations and landscaping on any Lot must be reviewed and approved by the ACC prior to commencement of any construction. Once construction of a dwelling has been commenced, it must be complete and ready for occupancy within twelve (12) months. Weather permitting, all landscaping shall be finished upon completion of the dwelling, but in no event later than ninety (90) days after the date the dwelling is occupied. Upon written request of the Owner and for good cause shown, the ACC may, in its sole and absolute discretion, extend the time for construction. No dwelling shall be occupied until it has been substantially completed in accordance with the approved plans and specifications, as evidenced by a certificate of completion issued by the ACC. 6. Building Setback and Placement. So that the maximum balance of view, privacy and breeze will be available to the dwellings on the Lots and to ensure that all structures will be located with regard to the topography of each individual Lot, taking into consideration the location of trees on each Lot and similar factors, the ACC reserves the right to determine, in its sole discretion, the location of any dwelling or other structure on any Lot;provided,however, that the following shall be minimum standards unless expressly waived in writing by the ACC (and permitted by the applicable zoning ordinance): (a) A dwelling shall not be erected or allowed to remain facing in any direction except toward the street abutting the front of. a Lot, which as to a corner Lot shall be the street upon which said Lot has the least frontage. (b) No dwelling or other structure shall be erected or allowed to remain on anv Lnt nearer to any property line than the minimum setback lines shown or described on the Plat. 7. Easements. St. James Development Co. hereby reserves for itself, its successors and assigns, and hereby grants to the Association, its successors and assigns (the rights of St. James Development Co., the Association, and their respective successors and assigns to be coextensive and non-exclusive): (i) easements for drainage facilities and utilities on all Lots along all.property lines,measured five(5) feet from.the front and side property lines, five(5) feet from the rear property lines on Lots that have an abutting Lot to the rear, and ten (10) feet from the rear property lines on Lots that do not have an abutting Lot to the rear; (ii) easements for pathways on all Lots along all property lines abutting a street, measured fifteen (15) feet from the property lines of the abutting streets, for pedestrians, bicycles and such other uses as may be permitted by the Association, all. subject to rules and regulations of the Association; (iii) easements for drainage and maintenance within and around all lakes and ponds, for a distance of fifteen (15) feet measured outward from the edge of the lake or pond(see paragraph 19 below for additional provisions regarding lakes and ponds); and (iv)other easements as shown or described 154428_1.DOC - 3 _ Inst # 250511 Book 2087Bage: 34 on the Plat. Such easements shall be for the installation and maintenance of drainage facilities, utilities, and/or pathways, as applicable, and/or for other purposes as specified herein or on the :Plat, together with the right of ingress and egress over and upon such easements for such purposes. Easements for drainage facilities and utilities must be used so as to interfere as little as possible with the use of the Lots by the Owners thereof. Easements for drainage facilities, utilities and/or pathways along a property line of any street abutting a Lot shall not be deemed to prohibit a driveway crossing. 8. No Temporary Structures. Except during construction, and subject to approval by the ACC, no structure of a temporary character shall be erected, placed or allowed to remain on any.Lot, nor shall any building materials be stored on any Lot. No garage or other accessory building erected on any Lot shall be used as a residence, either permanently or temporarily. 9. Streets,Fences,Walls and Signs. No street shall be laid out or opened across or through any Lot. No fence or wall shall be erected or allowed to remain on any Lot without the prior written approval of the ACC. Except as required by law, no billboards, posters or signs of any kind (specifically including "for sale" or "for rent" signs or posters) shall be erected or allowed to remain in any window, on the exterior of any improvement, or on any Lot, except (i) a name and address sign, or (ii) a temporary sign reflecting construction of a dwelling on such Lot by a Iicensed contractor, the design of which must be approved by the ACC. 10. Animals. No animals, livestock or poultry of any kind shall be kept or maintained on any Lot except that dogs, cats or other household pets may be kept or maintained, provided that they are not kept or maintained for commercial purposes and further provided that they are kept and maintained in compliance with all applicable laws and ordinances. 11. Outside Antennas and Satellite Dishes. No outside radio or television antennas, satellite dishes, satellite earth stations or similar devices shall be erected or allowed to remain on any Lot, except as permitted by the Design Guidelines adopted by the ACC, as amended. 12. Boats,Trailers and Certain Motor Vehicles. (a) No boat, trailer, bus, commercial vehicle, camper, motor home, recreational vehicle, or truck larger than a half-ton pickup truck shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street; provided, however, such boat or vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their boats or vehicles towed by the Association at the owner's expense. (b) No inoperative or unlicensed vehicles shall be parked for longer than twenty-four (24)hours on any Lot in such a manner as to be visible from the street;provided, however, such vehicle may be parked in a garage on a Lot if it can be fully covered with the garage door closed. Violators may have their vehicles towed by the Association at the vehicle owner's expense. (c) No boat, trailer, or vehicle of any type shall be stored, either permanently or temporarily, on any Lot prior to completion and occupancy of the dwelling on such:Lot. 154428_L.DOC -4- Inst # 250511 Book 2087Page: 35 A The Board of Directors of the Association; in its sole and absolute discretion, may provide a limited waiver of the requirements contained in subparagraphs (a) and (b)'above for. good cause shown. 13. Operation of Motor Vebleles. Motor vehicles shall be operated within St. James Plantation in accordance with all laws of the State of North Carolina and any rules and regulations that may be imposed by the Association. No "off the road" vehicles of any type, including but not limited to go carts, dirt bikes, and all terrain vehicles, shall be operated within St. James Plantation, except those vehicles used in the course of permitted construction and development within St. James PIantation, or used for golf course or related purposes. 14. Storage Receptacles. The placement and maintenance of fuel storage tanks and outdoor receptacles for ashes,trash or garbage shall be governed by the ACC. 15. Outdoor Clothes Drying Structures. No outdoor clothes pole, clothesline or similar structure shall be placed on any Lot unless screened in such a manner that it is not visible from any street,recreational area or adjoining property. 16. Maintenance of Lots. All Lots shall be maintained in a sightly condition, free of debris, rubbish, weeds and high grass. The improvements on all Lots shall be maintained in a reasonable and prudent manner harmonious with that of other property within St. James Plantation as determined by the Board. of Directors of the Association and as set forth in the Master Declaration. 17. .Repair or Removal of Improvements. Any improvement damaged in whole or in part by casualty, fire, windstorm or from any other cause must be promptly restored or all debris removed and the Lot restored to a sightly condition. Such rebuilding or removal of debris shall be completed within three(3)months from the date of the casualty unless the ACC grants a written extension. 18. Removal of Trees. No living tree four (4) inches or over in caliper at four (4) feet high from ground elevation, nor any dogwood, flowering shrub or bush, shall be cut without of a structure. constru the prior written consent of the ACC unless it is in the area of the Lot approved for ction 19. Lakes and Ponds. The use by any Owner of a lake or pond is subject to rules and regulations of the Association, which may include prohibition of use. To the extent that all or any portion of a lake or pond is located within a Lot,the Owner of. such Lot shall be responsible for maintaining the edge and bank of such lake or pond and for controlling erosion or sedimentation into the lake or pond due to stormwater or other runoff from within such Lot. An easement for drainage and maintenance is established within and around all lakes and ponds, as described in paragraph 7 above. 20. Stormwater Management; Impervious Surface Coverage. The covenants in this paragraph are intended to ensure ongoing compliance with the State Stormwater Management Permit issued or to be by the Department of'Environment and Natural 'Resources, The State of. North Carolina is made a Division of Water Quality, under NCAC 2HA 000. beneficiary of these covenants to the extent necessary to maintain compliance with the 154425 1.DOC _ 5 _ inst # 250511 Book 2087Page: 36 Stormwater Management Permit. These 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 plans may not take place without the concurrence of the Division of Water Quality. The maximum permitted built-upon area per Lot is as follows: Lot. 21) 9,000 square feet All other Lots 7,500 square feet This allotted amount includes any built-upon area constructed within the Lot property boundaries, and that portion of the right-of.-way between the front Lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina, driveways, and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. Filling in,piping, or altering any 3:1 vegetated conveyances (ditches, swales, etc.) associated with the development, except for average driveway crossings, is prohibited by any persons. Filling in, piping or altering any designated 5:1 curb outlet swale associated with the development is prohibited by any persons. A 30' vegetated buffer must be maintained between all built-upon area and the mean high water line of surface waters. All roof drains shall terminate at least 30' from the mean high water mark. This project has a curb outlet system. Each designated curb outlet swale shown on the approved plan must be maintained at a minimum of 100' long with 5:1 (H:V) side slopes or flatter, have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a non-erosive manner, and maintain a dense vegetated cover. Such swales are located in either the common. area or a drainage or watercourse easement as shown on the Plat. 21. Wells. All ground waters beneath the Lots are understood to be part of the available system for disposal of treated effluent from wastewater treatment facilities. No potable water supply well shall be constructed on any Lot. St. James.Development Co. .hereby reserves, for itself, its successors and assigns, and hereby grants to the Association and the State of North Carolina, the right to enter upon all Lots for the purpose of groundwater monitoring, including the installation of monitoring wells and pumping of water, and for remediation purposes. This paragraph is intended to ensure continued compliance with groundwater rules adopted by the State of North Carolina and therefore may be enforced by the State of North Carolina. 22. Wetlands. Jurisdictional wetlands may be present on portions of the Lots. Filling or draining of jurisdictional wetlands is regulated and may be prohibited by federal and state law. No such activities shall be undertaken until the U.S. Army Corps of Engineers, and the State of. North Carolina, Department of Environment and Natural. Resources, Division of Water Quality,have been notified and all required approvals have been obtained. 23. Waiver of and Consent to Violations. Where approval, consent or waiver rights are specifically granted herein to the ACC or the Board of Directors of the Association, the ACC or Board of Directors, as applicable, may waive a violation of the covenant, condition or restriction by appropriate instrument in writing. Otherwise, St. James Development Co. may waive any violation of the covenants, conditions and restrictions set forth herein by appropriate instrument in writing; provided that any waiver of paragraphs 20-22 shall require the 154428_1.DOC - 6 Inst # 250511 Book 2087Page: 37 concurrence of the State of North Carolina, Department of Environment and Natural Resources, Division of Water Quality. 24. Term. The covenants, conditions and restrictions set forth herein shall run with the land and shall be binding on all Owners of the Lots and all persons claiming under them through April 18, 2021 (which is thirty years from the date the Master Declaration was recorded), after which time such covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years unless terminated pursuant to a recorded instrument signed by two thirds (2/3) of the then Owners of all property in the Development in accordance with the requirements for termination of the Master Declaration as set forth in Article.IX, Section 3 thereof... The easements reserved herein shall run with the lan thereto and shall be binding on all owners of such land and all Persons c l d subject aiming under them, except to the extent that the Person or Persons having rights to an easement have'released such rights pursuant to an instrument recorded in the land records for Brunswick County, No rt h Carolina. Any termination of. paragraphs 20-22 shall require the concurrence of the State of North Carolina,Department of Environment and Natural Resources,Division of Water Quality. 25. Amendment. St. James Development Co. may unilaterally amend any of the covenants, conditions, restrictions and easements set forth herein so long as it still owns any portion of the Development or Additional Property, and so long as the amendment has no material adverse effect upon any substantive right of any Owner. No amendment required by any state or federal agency or to correct obvious typographical or drafting errors or inconsistencies shall be deemed material. Otherwise, the covenants, conditions and restrictions set forth herein. (but not the easements) may be amended only by the affirmative vote or written consent, or any combination thereof,of members of the Association representing two thirds (2/3) of the total votes of each Type of Membership; provided that any such amendment prior to April 18,2021 shall require the written consent of St. James Development Co. Any amendment must be properly recorded. Any amendment of paragraphs 20-22 shall require the concurrence of the State of North Carolina, :Department of Environment and Natural Resources, Division. of Water Quality. 26. Enforcement. Except to the extent that a waiver has been duly granted as provided herein, St. James Development Co., the Association, and their respective successors or assigns, and each Owner of property in the Development, shall have the right.to enforce, by a proceeding at law or in equity, the covenants, conditions and restrictions set forth herein,against any Person violating or attempting to violate the same, either to restrain the violation or to recover damages. :Failure by St. James Development Co., the Association, or any Owner to enforce any provision hereof shall in no event be deemed a waiver of the,right to do so thereafter. The State of North Carolina shall have the right to enforce paragraphs 20-22 hereof. 27. Successors and Assigns. The rights of St. James Development Co. hereunder shall inure to the benefit of its successors and assigns if so specified by St. James Development Co. in a recorded instrument; provided, that this requirement of designation in a recorded instrument shall not apply to a mortgagee who acquires title by foreclosure, deed in lieu of foreclosure or similar means, to any portion of the Development owned by St. James Development Co. 154428_1.DOC _ Inst # 250511 Book 2081Page: 38 28. Severability. Invalidation of any provision hereof by court order shall in no way affect any of the other provisions hereof, which shall remain in full force and effect. IN WITNESS WHEREOF, St. James Development Co. has caused this instrument to be duly executed as of the day and year first above written. First St. James, Inc. joins in this instrument .for the sole purpose of consenting to the annexation of the Property into the Development, as required by the Partial Assignment of Declarant's Rights to St. James Development Co. St. James:Development Co., LLC By: G�--- ohn A. Atkinson, Jr.,Authorized Agent First St.James, Inc. By> o�h�nA. f Atkinson,Jr., Vice President NORTH CAROLINA BRUNSW COUNTY 1, , a Notary Public of said County and State, certify that JO:HIV A. ATKI.NSON, , personally appeared before me this day and acknowledged that he is an Authorized Agent of ST. JAMES DEVELOPMENT CO., LLC, a North Carolina limited liability company, and further acknowledged the due execution of the foregoing instrument on behalf of the company. WITNESS my hand and official seal, this the g day of 20Q� (Notary Seal) Notary Public My Commission Expires: V 1.54428_I.DOC - 8 - NORTH CAROLIIYA Inst # 250511 Book 2087Page: 39 BRUNSWICK COUNTY a Notary Public of said County and State, certify that JOHN A. ATKINSON, JR. ersonally came before me this day and acknowledged that he is a Vice President of FIRST ST.JAMES, INC., a corporation, and that he as Vice President, being authorized to do so, executed the foregoing on behalf of the corporation. WITNESS my hand and official seal,this the L_day of (Notary Seal) fJ Notary Public s. My Commission Expires:Exp i _ o hi`�u 5-2 NS Z a Cj �rr//4111111++g°+ STATE OF NORTH CARO]LINA COUNTY OF BRUNSWICK }� r The Foregoing(or annexed)Certificate(s).of l Notary(ies)Public is(are)Certified to be Correct. a /� This Instrument was filed for Registration on this ` Day of shown on the First Page hereof. in the Book and page r RO E J.R I ON,Register of Deeds 154428_1.DOC -9- ,mow' 7� t �I n��� - AROUNA RESERVE DEVELOPMENT CO., LLC NARTRN Ramsisvgk NSTO OInLw PLsTY.Nam° Ls'r' v� �909 It�7c`l3WTURE DEVELOPMENT / su uPER AN O ACTUAL L SURVEY AS DRAM UNDER MY L'l� UNDER MY St1PERN90N FROM RIFORWlT1O1 t, MC 24,PG. 344 ST. JAMES DEVELOPMENT CO., LLC SHOTN IN cm Boats AID(OR)Mops IEMmERs ale BLVO. ^ REFEFAICED ON THIS PUT:TEAT LINES NOT ' FUTURE DEVELOPMENT / WETLANDS ACTUALLY SNMYE ED APPEAR AS BROKEN N LINES R�Mrti MC 18,PG.88 ON WRE PLOTTED FROM NFORIJATION AS NOTED LOT 35 / \ CN THE PLAT:THAT THE RATIO OF PREG NaN7 AS ` GREATER TM BY UTTRIDEs AND DEPARTURES WAS t" (BEATER TNM ORDIW T THAT THE AREA IS ^' N 1 MONUMENTCONTR �P�W ACCORDANCE WIN cS THAT ASIS�AMENDED. ST.JMES a H r pR N 77,298.50(NAD 83) MNESS MY ORIGINAL SIGf ATION PLANTATON ' LOT 34 E 2.272.153.87 •>r rx.:x:;�,♦,?- MA. AA6aAi THIS - All LOT 33 1 AOOAFTA4"ArinAr II, � � __ - C^•i - MARTIN R. Tdl L-372T �+CrV.,I 5, 'i PROFESSIONAL LAND SURVEYOR WYNDMEREi OD 1 / �y r s - :- %_s•� VICINITY MAP ��\ V `•� ��h`n/ I/ ry g p �- •` f(+�h± WITH SURVEY CREATES A N9 OF LAND IIL1H,-I�,JI/F .1 ; •g="F'' y WITHIN THE AREA OF A c011 Mw+ICOALI7Y (NOT TO SCALE Q.6D 'B '1•`: e '• THAT HAS M NANfZ TES PARCELS 32 /�s / r�4'p 0.37 n ��A'�euau,:;.s• Y -- ti'-"�slster of Deeft c4 4..Ty 29 MARTUN P. TOUGNTCN L-3727 Bober j. Op@] ACRES 0 p z 0.63 PROFESSIONAL LAND SUR j Inut t 69J�Dir 0339 20� ACRES 02/09/2005 05;23:24pD R""L;I } / `• ° ACRES !y P9�p� CERTIFICATE REGARDING COMMON AREA AND CERTAIN EASEMENTS 1 ry y, pNA 'Z1' V.JAMES DEVELOPMENT CO.,uc('dR1ER7,By RECORDATION OF MR CONTROL ,li:� DW AS COMMON AREA THEPu hCaWOM AREA DPRESSLY IS NOT DEDICATED AND SHOWN HERESY 1"a � MUSE BY THE.GEN.- PLBJC BUT IS TO SE CONVEYED 10 ST.JAMES WYNDMERE NEIGHBORHOOD �� 30 MONUMENT V 6 yq _ fn\ wMTAT OH PROPERTY O%WEW ASSOCIATION,W.('THE ASSOOATO+7 e 0.33 N 1,1'15 2° E N 77,158.86(NAD 83) r f- FOR tHE USE AND ENJOYMENT OF PROPERTY OWNERS IN ST.JAPES N 69.89 E 2,272.294.09 � 1(�/H U PLAN TOM,SUBJECT TO THE CONWIDWS AND RESERYATIONs sEr FORTH LIS se ACRES r ;'IIIJ//Gr LL4 L1 MR ST.THE�J.Y�ES MAKATION�WTED NOVEMSER'CONDITIONS'"0 RECORDED IN LOT 26 3 73 pA rrI 1 I, �A S F�4IIL BOOK MASTER DECLARATIAGE ON IS HEREBY INCORPORATED AND MADE T OF BRURMCK COUNTY REGISTRY,AS AMENDED, F A^ Q I +�•�' :l%%� THIS Fur. LOT 26A m 27 ,� Ry y �. ATLANTIC TELEPHONE BRUNSWICK CORPORATION,CA�TV PROVIDER AnaN, f q4 N AS DESIGNATED BY THE ASSOCIATION,AND THEIR RESPECTIVE SUCCESSORS / Q 0'40 CO 3'j aQ AND ASS03NS A NOI EIMU9VE EASEMENT TO INSTNI,YANTMN AND SERVICE = ACRES ,wY J' ) W Z 7. THEIR RESPECTIVE LINES.WINS, CONDUITS Am PIPES WTHIN THE COMMON AREA 9 •g/ FO. 28 FOR THE PURPOSE OF PROVIDING SERVICE MITHNI THE OEVQOINiA1T(AS Dcn m IN THE MASTER DECLARATION TOGETHER WITH TH7E 0T WL WGRLTSS AND EMM >� 0.54 O ♦ OVER AND UPON THE COMMON AREA Fat SUCH PURPOSE,PROVIDED THAT SUCH �U 'Vj 't RIGHTS MUST BE USED IN A MANNER THAT INTERFERES AS LITRE AS POSSIBLE WTH 4` *I3j BB ACRES m ST. JAMES DEVELOPMENT CO., LLC THE USE OF THE CORDON AREA BY THE ASSOCIATION MD THE MEMBERS THEREOF. FUTURE DEVELOPMENT WETLANDS 00 MC I&PG. Be RIGHT RESERVES FOR ITSEN ITS SUCCESSORS AND ASS GS.A NONEIVAUAVE OF WAY E YCO AND EASEMENT MED rOR�TNESS'EH15fA1°0J.Atlq A o M°�A' AND01 �^ •. •]] I b, ` .9 �j NIANAEE FACA.ITES AND 11TIUlES.(NIIIaNc FEtEtATIa1«TIE N'OYIaI ARE& / ST. J�I'1�S D Gq., 7Jif) 44 MD SUGI OTHER EASEMENTS AS THE DECLA oR N OF RED DN NE FEAT,N Tx THE RESERVE S 1 7, 7 •-JJ'-3` S�• O. +MHPMPu�cA�E r�Ro ATHES PWK LAT iNo BE EXECUTED° � Br OWNER iAfoRECORDED w TIE NDMERE NEIGHBORHOOD S. 14,5� W n 1i�` J /Q 4 BRUNSWO C00 REOSiRY,WHICH RIWT OF WAY AND EASEMENTS MAY BE SECTION 8-2 N + I' % / s�. rlrr"f10 J A59GE0 N RHOLE oR W PMT. MC 29, PG. 36 1 L�F �•�• M ST.JAWS DEVELOPMENT CO.,LLC LOT 20 /� Sgoe?�3 BY: �� YANAGFR/AUMMZED AGENT Ss (� 54�, �Y R NOTES: �ry 1.TE' °F THIS TRACT K R-7500.THIS PAT IS PART OF A PUD. LINE TABLE ` /y 2.SITE CALLTJLATOND: TOTAL ACREAGE OF TRACT DIVIDED IS LINE REcnoN LENG ,-7E�� r��C,, ,,ps 5 0..m IXR15 PER NACRE:LINEAR FEETBER(:IF LOTS MA F STREETS IS f123�W jr Li' (����^• C6, ].ALL LOTS 9NOTYN HEREON ARE NOT LOCATED IN A fL000 L2 GGG HAZARD AREA, 1.THE OWNER DF THIS TRACT IS ST.JAPES DEVELOPMENT CO.LLC WJ 3. 7 Q� u Bwc 10879 SOUTFPORT,NORTH CMILMA 28431(9,0)253-3o01. 6714 2 S.THE ST, JAMES PLANTATION NAME IS A SERVICE MARK. UNAUTHORIZED USE 6 NOT PERMITTED. 1 /'���(�,� 6. PLAT ARE AS FOLLOWS(LOING UNLESS w VED N%RITIS FOR ALL LOTS N6 B'THE L6 7 1" ON THIS 1 IQ_�j,' ARCHITECTURAL CONTROL COMPITTE OF THE PDA AND PERMITTED L7 N 14'49'27 W 34.79 '"L� BY APPUCADLE ZONUNO REQUIREMENTS): FRONT 30% SEE 10': COY4ER SIDE 13 PEAR 30'. l.8 l'1 107.85 7.MWIMUM DWELLING SIZE AND MA%TMUM IMPERVIOUS GOVERAG6 15 S6 RESTRICTIONS ARE SET FORTH IN THE RESTRICTIVE COVENANTS Ls N 07W21*WIAPPLICABLE TO MS PAT TO BE RECORDED N THE 9RL*M9K OaM1Y THIS PLAN WOE BEEN REVIEWED B.W➢D ION TO PUNY EASDAENT SPECIFICALLY SHOWN ON TWS PUT, FOREABEYENTSW'Lr AND EASEMENTS FOR DRAINAGE A+D UTILTITES ON ALL LOTS.AS MORE HAS BEEN APPROVED FOR CURVE TABLE F'LA.mlz-.11NTT 17BlFFLCloMisi\ra PAR'TICUIwI$V'PROVIDED IN THE RESTRICTIVE COVENANTS APPUKABLE TO TMIS RAT,ARE RESERVED A FOLLOWS 5'INSIDE ON FJI8HAE91T6 ONLY BY 7Ff FIQVAM N ' LOT LPEB;S'IILATIF ALL SIDE MDT IRES:5 INSIDE REAR LOT UNFS F COUNTY ENBRIEER CURVE DELTA RADIUS ARC CHORD BRG CHORD ..:�N APP ,Wlq%.i I:f THE LOT HAS M ABUTW.IG LOT TO THE REAR 10'INSIDE REAR LOT ulEs Cl 1041'16' 300.00 55.96 S 89'21'43"W $5.88 =Cs+: 0.i.es.,NT THE ISDFEDSR NPOATT WA�V'SM ALLALL�151'0,TA9 MORE REAR.THE > TICUURLv C2 360.00 37.23 N 1 W 37.22 `l �, .._' --�5'• - C3 'S9' 300.00 37.17 N 81• „ 37.15 /,, ' PRE R W THE 5'INSIDE cLVEMMTs APPLICABLE To THIS PUT. Jt �__ -�-_.� Tr� � (1 `- ARE RESOtVEC 13'INSIDE ALL LOT ONES ABUTTING A BTREET. C4 2'04'03' 2000.00 72.17 S 7 13'42'E 72.16 awl" ' 11, 10.EASE]EMS MDR ORARACi rVE OVENLA TS AE.W MORE PARMMMY _ G '� l ram* PROVIDED N TH$fE51WCT1VE COMEIANTs APPLICABLE TO THIS PLAT. 7 • ' 9•I.'--....+. ' fF1� AIM ral""WNW AND 75 MTFMD FROM THE EDCE O ALL ORES PID PORDS �'"'�'•-:;,.."';M`_'Y t:'' I�"I,�_� r ((�^ 11.1!E 404 WETLAND LIE SHOWN ON THIS PUT IS FROM A DELINEATION CS 2'04'03' 2060.OD 74.33 S 79'13'42"E 74.33 J�111 l C6 iB32'S4" 53D-00 174.66 N 70'49'18'W 173.87 "••�F' APPROVED BY THE CORPS OF ENGINEERS oN FEB.6,20°2. C7 tW52'54' 470.00 154.89 N 70.49'96"W 154.19 i.:K t :- =Q I �lrt�/t� 'AEnAND LINES ARE sue,ccT TO cnnnlcE k THE RESERVE THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE �P MARSHFIELD NEIGHBORHOOD LAND SHOWN ON THIS PLAT IS WITHIN THE SUBDIVISION SECTION 4-1 REGULATION AND JURISDICTION OF BRUNSWCK COUNTY I, ICI IY I�Oi1J REVIEW OFFICER OF MC 28.PG. 35 AND THAT THIS PLAT ALLOTMENT IS MY FREE ACT AND BRUIN WICK COUNTY,CERTIFY THAT THE MAP OR PUT TO DEED. WHICH THIS CERTIFTCAIION IS AFFIIIED MILLIS ALL STATUTORY REQUIREMENTS FOR RECORDING. :SCALE: 15 60' yV Yf. JAMES DEVEL9PMENT CO.,LLC 14-0 BPS FoO��; �^ �b lT'� N'°> �b� LOT 29 RY: Y 'i���- _. - �Y�7Ew--N �'��.� r' { 'I" 1 18n y 7` \ MANAGER/AUTHORIZED AGENT REVIEW OFFlCER �( LI Q.. j THE DATE REVISION INITIAL � WYNDMERE NEIGHBORHOOD �ltl�1�� 3987 BUS. HWY. 17 EAST LOCKWOOD FOLLY TOWN OF LOTS 27-.52 TOWNSHIP + ST, JAMES BOLIVIA, NC 28422 SRUNSWICK COUNTY NORTH CAROLINA DWG NAME: VS102-040180009 PHONE:910-253-6622 FAX:910-253-6634 PLANTATION PROJECT NUMBER: RESERVE2 SM DATE:2/1/05 SCALE: 1"=60' REVISION: CHECKED BY:MRS Internet Site: http://www.mckimcreed.com DATE: DRAWN BY:RDT FIELD BOOK: alq 1cw 5-a a : a4 AM at d2o.40a D SEu1sMFict Camty-RM istec of Deeds /:. Robattst 1499 In ok 36 Bo 3VNje 165 r7Zv D4/07/P1105 10:13:59Erm!i J > (� 1 L SIDU ITIDH,Pis L-srn, Y DEAVER p?i'r rl�(t RESERVE DEVELOPMENT CO., LLC / - J JJ THAT�Ils,.maxa+un.RAn+IxaER ur FUTURE OE�k1K5aMENT 1 rem",'--" Y MAU `ORM 1 \ MC 24,PG.344 / ST. JAMES DEVELOPMENT CO., LLC `�/ L ""•0N FROM�°°1A710N / FUTURE DEVELOPMENT s Ac AID(DR LINES MMDImlS OrLE aLo. 1 TH A LUTES NOT TUALLY AS GM WETLANDS / MC 18.P6. B8 AND MERE PLOTTED ORUAoa+AS MOM � LOT 35 LINES ON THE FIAT;THAT THE RATIO OF PRECISION AS / CALC1AATm BY LATITUDES AND DEPARAM WAS 4 GREATER THAN 1:1%000,THAT THE MEA Ts H .�( CONTRQI. COMPUTED BY COORDINATE MET100-,TNA7 A5 PLAT WA$ V MORUMFJBT .0MBMMEIFEEI PREPARED N ACCORDANCE WITH OS.47-30 AS AMENDED. STD ANTES SA 1H r 10 N 77,2995'0(MAD 93) ,�• W •%� "60 MY ONGNAL svu_nRg•REamuna r+.wTAmH LOT 34 E 2.272.T53.87 �dFCQ�a ►�O, IL �, TNIs T'E�°"r ai Aix I / LOT 33 H -- S_ 1 - '°+AOOAsrx WA-ft, ISEA•. MIARIIN R 5WU L-3rn (//� +�% _( ? 'x�Z� I>ADFR9dVL LAND 1l'1y •� WYNDMERE NEIGHBORHOOD a L ti/r VICINITY MAP .``, I d' ®Y e , •'•�SU �• VATS 9JR\fY CREA 4 ,.,�,�r ✓� _ wTHN TPE GR��i�r4 P NOT TO SCALE) •PZ- �•10 OUT HA$ % 32 (� F •.k •IFBMFM•E• OF LAND, 0.37 .,, „ ry 29 MAIETN R.STOUGHTON L-SI27 -1<• l(S =e ACRES 0.63 AROFESSONAIL LAND SAINEVR 31 z ACRES 0.39 ACRES 4, 1re�Tr• THIS PLAN HAS LIEEN IIEWlPED FOR EASE3M0M7S GamCATE IEOAlONC TXIMMOH AREA AID I]FRTAN EAsfAIOITs !� ONLY MID HAS SEEN EASEMENTS (T N� ONLY BY THEM flY NEE S�..HAS DEVELOPMENT STAIN We MOF BY �aMA 5 '(9 COIWCIN THE COMMON AREA E10PRESTsIY E NOT DEDMATED HEREBY WYNDMERE NEIGHBORHOOD CT Q �� OGNTR9L �` OR r GE N x BUT Is TO BE.CONwT to ST. MANTES = 30 I�IONHMF.Ni TY OMBMots'ASSOCIATION.Nc SIN T.4A ATICN•) C3 0.36 N 61.15'S" N 77.158.86(NAM 03) ' r9' 1 ss cc"r>Tu5m r PRiOPEFITFDNS eD �m'r FasTH a••; B9.89 E 2,172,294.09 ICJ �`)H E MASTER OECLARAT1a O'COKNANM CONDITIONS AM FMSMCT04S Le `SIB ACRES '•,�r��G _ =-' FOR ST,JMAES PLANTATION DATED NOVEMBER 28,1"0 AND RECORDED N BRUISWCK COUNTY REGISTRY.AS AMENDED,1MECN LOT 26 3 e I1 t v 7,-n "Vf TON IS HEREBY INCO!"hTED AND MADE A PART OF (J�e,/J/� THIS AT. V vlv���C$� R LOT 26A ^GD 27 =•:1 4"c'-S;' Sr�Y GRANTS TO ERwsMCK ELECTRIC MEMBERSHIP CORPORATION. TElE iz MD/BEFSW CORPORATION.CABLE TV PROVIDER 0.40 9 w CCESSORS RAND ASSIGNS D BY THE A NNOMCXXCLV$KK AEASEMEN O THEIR TOO INSTALL uIiTM NO SEMACE I y ti THER IESECTIVE LINES MRES.CCIDUR AID InPE4 RI111N 1IE ODANICN AREA x ACRES CIO. �Q>i' � ti 28 FOR 1HE PIRIM OF PRawNG SEmGCE Me TEED THIN �tr(AS DEPUTED Q •M�04, F 0.54 p N THE MAsrD!OEa.ACOMMON TOCE7Ex MTH THE 10CHT a EI0�5 Arm EifS+Ess SF# IB +I R1:�M MUST�BE USED rN A MAM�ER THAT E w0lRAS LITRE AS POTHASE NTH ACRES b ST. JAMES DEVELOPMENT CO., LLC THE USE Or THE COMMON AREA BY THE ASSOCIATION AM)THE NEWSOM THEREOF. �Fg s �s N FUTURE DEVELOPMENT ARC 1B,PG. 88 oESEIe F WA FOG ItseaF�ITS SUCCESSORS wm ASSIefG.S,A OVER M $ 1 Ap RIpiT OF WAT'ND EAS�ENT FOR UCC E SEGRESSMDOSHA N EXC AWAC OSS THE G=META AID POR 1HE Ns1'ALL 7 ND MNITENANCE aF :TD DRMOM FA@JTES AND UTIITFs(NOEDNG IRRIGATION)N THE COMMON AEA LOPMENT C0.• LLC Ty I�11 THE RESERVE T G� s,� AID SVGE OTHER EASEMENTS A5 sNOMN OR DESCRIBED THE;PLAT.N THE $ _ Ua, C ,I� uA51Ek OEO.MkAnON.OR N THE DECURATIGI 6 ilESiiMCTIE 001BLWT5 NDMERE NEIGHBORHOOD ! "1 APPLINeIE ro TIES PLAT To BE E7 Ec RIGHT BY COINWAY A AND RECM40CDm A THE BfFR4SECTION 8-2 _ �7 ' '- �l ASSIGNED 01OUGUNrT REas)Rr,MNDA RKNr OF WAY AM EASt?MnrTs MAY BE ASSIGED N EHOLE OI N PET. MC 79, PG. 36 --� (1)5'.� "� ST.MANTES 0EIELOPMMDNT C0.lLC L,/,�'f,rF-rjT� '9 G1L, LOT 20 �J =esSl ULs V'71�n�O S�ys*3 = BY: �D AGENT - s � F s NOTES. 1. THE ZONING OF 1H5 TRACT IS R-7WO.THIS PUT 4►MT OF A PUG. sO>/41 ZSTE 3.98 ACRES;NUHMBER OF LOTAL OTSCREATED I OF TRACT; DENS DIVIDEDm 70• / IS D.178 WITS PER ACRE:LINEAR FEET OF STREETS HI B13,W+/-. LINE TABLE ')'-> l J.ALL LOTS SHOWN HEREON ARE NOT LOCATED IN A FLOOD LINE DIRECTION LENGTH �77q A•"'`'` „E� !G��`l!I • 7Box lovo TRAcWWTH t �L(%toN w c LI N '01'05"E 34.99 ",�_ 7( aS�I Lr S.THE ST. JAMES PLANTATION NAME IS A SERNCE MARk. L2 n' '17"W 60.38 ` �'Il a 1�j UNAUTHORIZED USE LS N0T PERMITTED. L S.MINIMUM BULDING SETBACKS FOR ALL LOTS SHOW ON THIS 4 67.1� 1 .`� C+7/ITIu ARRCC'HH=TTURAAL COARE AS NTROL OF(C R�OF�PPOA AND IN POUTT D 1•�I,.-�`• /.., BY APPUCABLE ZOINC REOu ): FRONT W:SIDE 10': L5 ''10"E 22.87 _: � (�7/'rs•�4 7.MC�M DWELLING SIZAR E NA MAXIMUM IMPERVIOUS COADUCE , UI 1' 17.59 �f S� i Lj'- RESTRICTIONS ARE SET FOE1M IN 1ME R'E51RBCTIME COTENANTS ,�yl L7 34.79 APPLICABLE TO THIS PLAT TO BE PEOMC®N THE BRLIHSWFk COIRNTY L6 2 •31'T B"W 107.85 S.N AM ON m W ANY EABDIT SPECIFICALLY A10WN ON TINS MT. L9 N 07Ti9'1" 15.56 EASEMENTS FOR DRAINAGE AND UTLTTTES ON ALL LOTS,AS MORE PARTICULARLY PROVIDED IN THE RESTFOCTIVE COVENANTS APPLICABLE TO 1M$RA7 APE RESERVEID AS FOLLOWS:5'WIDE FRONT LOT UNES;5 N90E ALL LOT LEES;S'INSIDE REM LOT DIES F THE LOT HAS AN ABUTTING LOT TO THE NEAR:10'1NSDE REM LOT LINES CURVE TABLE F THE LOT DOES MDT RAK AN ADUTrW LOT TO*9 HEAR S.EASEMENTS FOR PA7HWAYS ON ALL LOTS,AS MORE PARTICULARLY PROVIDED N THE RESROCIIVE COVENANTS APPLICABLE 70 7M5 FLAT. CURVE DELTA RADIUS ARC CHORD BRC CHORD PLANNIM UIST DEVELOPMENT �•'�` 10 A 1�5'�ALL RCE.AS MORE PABUT,IHGR�Y. EXSEMENM FOR Cl 10'41'1 " 300.00 55-96 S 1' W 55.88 El1e�w k V�O ,ram ` f�y> + NgLOED IN TW RE5IPoC71K COANAN78 APPLICABLE TO n•5 PUT. C2 S55'33' 380.00 37.23 T '27' 37.2E Mw,AF.rE r��rr y i n.THE�IETuNw O SHOW•caN n�OMs PLAY OF ALL FROM LNE T"ll a+� C3 71D5'S9' 300.00 37.17 44'40"W 37.15 s "ti I I \J_1 API REED BY THE CORPS OF B+uEFRRS ON PM 0.2M C4 2'04'03' 2000.00 72.17 S 7993'42"E 72.18 n (� '� �' 12 THIS PLAT 9000 0 A PLAT PREVIOUSLY RECORDED N MC 31, CS ' 2060.00 74.33 S 9'1 ' 74.33 � CB 18.52'S4" 530.00 174.86 N 7 '49'18' W 173.87 -CUM B UNSWICK COUNTY C7 18'52'54' 470.00 154.89 N 70'491 "W PLANNI; BOARD /r x DATE S THE RESERVE THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT THE `T`�p MARSHFIELD NEIGHBORHOOD LAND SHOVIN ON TINS PLAT IS VAIHIN THE SUBDIVISION K:6 E ��a REVIEW OFICER OF P SECTION 4-1 REGULATION AND JURISDICTION OF BRUNSWICK COUNTY I,T MC 28, PG, 35 AND THAT THIS PLAT ALLOTMENT 15 MY FREE ACT AND BRUNSWICK COUNTY•CERTIFY THAT THE MAP OR PLAT TO DEED. NNICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. SCALE: 1' s 60` ST. JAMES /MENT CO.,LLC ;'>ti I n ' LOT 29 MANAGER/AUTHORIZED AGENT REVIEW OFFICER •,r 0 rl DATE REVISION INITIAL �� Jnn7L4/,� �� THE RESERVE s d/ WYNDMERE NEIGHBORHOOD � LOCKWOOD FOLLY TOWN OF LOTS 27-32 3987 BUS HWY. 17 EAST TOWNSHIP ST ST. JAMES BOLIVIA, NC 28422 BRUNSWICK C17UNTY NORTH CAROLINA DWG NAME: VS102-040180009 PHONE:910-253-6622 FAX:910-253-6634 PLANTATION PROJECT NUMBER:RESERVE2 SM DATE: 4/5/05 SCALE: 1"=60' REVISION: CHECKED BY:MRS Internet Site: http://www.mckimcreed.com DATE, DRAWN BY:RDT FIELD BOOK: I l 83908 PEAT 000 I Ilf ��ll�lll�lll') 1If Brand& M. Clammons PROP I c Brunswiek County, NC Register of Deeds page I cf..3 TotalPiespriterN Re1. ii.. ....._...�(,� r]Pmlicros of daeucmenl aro lle�lt.:.: ..; i r .crr iilinn of oripnel, i xnsnl wnlains seals verifl-I 1 r:r:•rinal i :r:�:al iik'11 cannot bri reprc:;�:. d nr r.,c�pied. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve, Section 3,Plat 3 (Maximum Permitted Built Upon Area for Lot 30) This Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve, Section 3,Plat 3 ("Amendment")is made and entered into this_day of ,2017 by St. James Development Co.,LLC,a North Carolina limited liability company("St.James Development Co."). RECITALS: A. St. James Development Co. caused to be recorded that certain.Declaration of Restrictive Covenants and Easements for St. James Plantation,The Reserve, Section 3,Plat 3 in Book 1981, at Page 1056 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment, as revised,including without limitation by this i amendment,is referred to herein as the "Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith,P.A.,University Corporate Center, 127 Racine Dr' Wilmington,NC 28403-8705 ' Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, �dL„ Wilmington,NC 28403-8705 jhN 9 � BY: i 05-17-2017 lilil i1 iiili llll MC Register Deeds �e 2nof33PROP Brunswick County, of I B. St. James Development Co. desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178, Page 529,Brunswick County Registry, during the Development Period,Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. NOW,THEREFORE, St.James Development Co.,exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: 1. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet. The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 30 to 14,000 square feet. Except as expressly provided in the paragraphs above, the terms and provisions of the Declaration,including all of the other terns of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF, St.James Development Co., acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: Q!!�&k����SEAL) Robert F.Masters,Authorized Agent f F 4 II I I II I I II I I II I i II I I I�NI 111 'I Jill [II B���$ �� � Pmmns PR Brunswick County, NC Register of Heeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF lJrW'682104 j i I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose(s)stated therein,in the capacity indicated therein:ROBERT F.MASTERS. I I Date: Signature of oiary Public i Notary's pr' ted or typed name j My commission expires: / fir' (Official Seal) j i WEND K.EWELL j 8 My A6OeEspireaJenuseyIl.2Bf9 Notary seal or stamp must appear within this box. i I NIIIIIIIIIIIIIIII..I{I'lIIIIII III d. n. (:lenWAnS�tPROP Brunswick County, NC Register of Deeds page t of 3 :etumt Rr~sr '~��1IPe-h-7-y�-- :k$ 52 Gk#�—Cesh$ efund Gash$ Fnancs STATE OF NORTH CAROLINA a rarkne of dooumant are Megible due to condition COUNTY OF BRUNSWICK of original. M Document cousins seals ver lied by original instrument that cannot be reomduced of cooed. Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 1 C (Maximum Permitted Built Upon Area for Lot 14B) This Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 1 C("Amendment")is made and entered into this�day of Q 12019 by St.James Development Co.,LLC,a North Carolina limited liability company("St.James Development Co."), RECITALS: A. St.James Development Co.caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve,Section 9,Plat 1 C in Book 1981,at Page 363 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment,as revised,including without limitation by this amendment,is referred to herein as the"Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. Prepared by Ward and Smith,PA.,University Corporate Center,127 Racine Drive, Wilmington,NC 28403-8705 Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, Wilmington,NC 28403-8705 FFGE'VM . JAN 19 2041 By: I IIIIIIIIII I Jill IIIIIIIIIIIIII IIu111 B423 enda M.MClemmo PROP 64: 44:04.001 Brunswick County, RC Register of Deeds page 2 of 3 B. St.James Development Co.desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178,Page 529,Brunswick County Registry,during the Development Period,Declarant may unilaterally amend the Declaration for any purpose.The Development Period has not yet expired. NOW,THEREFORE,St.James Development Co.,exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: 1. Section 20 ofhe Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet.The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 14B to 9,200 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration,including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WHEREOF,St.James Development Co.,acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. ST.JAMES DEVELOPMENT CO.,LLC By: fJ��tN�YYI/�dA��(SEAL) Robert F.Masters,Authorized Agent i IIIIIIIIIINlINllnlllllllllllllllll K?,5�M '-e pelp Brunswick County, NC Register of Deeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF (tt W VtLm()4v— I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose(s)stated therein,in the capacity indicated therein:ROBERT F.MASTERS. Date: Signature ofNotary P&Mlic Ll Notary's printed or tyj0d name My commission expires: QV,% vJ 13 2--A-3 (Ogcial Seal) SHELLY J. BAKER Notary Public Pander County,North Carolina My commission expires Aug.A 2023 Notary seal or stamp must appear within this box. _ r @1111111IIIIIIIIIIIIIIIIIIIIIII 83908 PE41mn$^30PROFswick County, HC Register of Deeds page 1 o.f,3 , • _. Ck C1 Pariians a€uocumant ar©iilPgii.:.:a.:;i;:.,;rc!iiian 01 ariginal. �:i i r..,arm^nirnnlahs seals veriP•••r r.n;�lin�l i :r:rmt that carinat bo reprc:;u:..A OrGDpirxl. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Amendment to Master Declaration and Declaration of Restrictive Covenants and Easements for St.James Plantation,The Reserve, Section 3,.Plat 3 (Maximum Permitted Built Upon Area for Lot 30) This Amendment to Master Declaration and Declaration of Restrictive Covenants and.Easements for St.James Plantation,The Reserve, Section 3,Plat 3 ("Amendment")is made and entered into this_day of ,2017 by St. James Development Co.,LLC, a North Carolina limited liability company("St. James Development Co."). RECITALS: A. St. James Development Co. caused to be recorded that certain Declaration of Restrictive Covenants and Easements for St. James Plantation,The Reserve,Section 3,Plat 3 in 'E Book 1981, at Page 1056 in the office of the Register of Deeds of Brunswick County(the Master Declaration described in this amendment, as revised,including without limitation by this amendment,is referred to herein as the "Declaration"). The capitalized terms in this Amendment shall have the same meanings as set forth in the Declaration unless otherwise defined herein or the context shall otherwise prohibit. 1 Prepared by Ward and Smith,P.A.,University Corporate Center, 127 Racine Drive, ; Wilmington,NC 28403-8705 Please return to Ward and Smith,P.A.,University Corporate Center, 127 Racine C E 1 VE Wilmington,NC 28403-8705 JAN 1 2021 BY: }' J lilll IIIIIIIIIIilllllllllllllllllll " Z�" B3908 PB542 15:06-30.000 Brenda M. aemroons PRE; Brunswick County, NC Register of deeds page 2 of 3 i B. St. James Development Co. desires to amend the Declaration as set forth herein. C. Pursuant to that Partial Assignment of Declarant Rights recorded in Book 1178, Page 529,Brunswick County Registry, during the Development Period,Declarant may unilaterally amend the Declaration for any purpose. The Development Period has not yet expired. NOW,THEREFORE, St.James Development Co., exercising its right to amend the Declaration pursuant to the provision set forth above,hereby amends the Declaration as follows: 1. Section 20 of the Declaration describes the maximum permitted built upon area per Lot as 7,500 square feet. The Declaration is hereby amended to revise the maximum permitted built upon area for Lot 30 to 14,000 square feet. Except as expressly provided in the paragraphs above,the terms and provisions of the Declaration, including all of the other terms of Section 20 in the aforementioned amendment shall continue in full force and effect in accordance with the terms of the same as modified hereby. IN TESTIMONY WEEREOF, St.James Development Co., acting pursuant to the authority above recited,has caused this Amendment to be executed under seal and in such form as to be legally binding all by authority duly given,this the day and year first above written. I ST.JAMES DEVELOPMENT CO., LLC By: Q : - - SEAL) Robert F.Masters,Authorized Agent i fi i m5-,7-zm,7 jjIjI 11 J111 I Jill 1111fIII�III III B3908 P054315:ms:�.� Brenda M. Clemmons PROP Brunswick County, NC Register of Deeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF 15 r kr`60 04 i I certify that the following person personally appeared before me this day,acknowledging to me that he signed the foregoing document for the purpose(s)stated therein,in the capacity indicated therein:ROBERT F.MASTERS. I Date: Signature of 1vtolary Public Notary's pr' ted or typed name My commission expires: / ear' (Official Seal) WENDY K.EWELL Nogg Mao MyNmmd M=EW"jvwM2A%20M" I f Notary seal or stamp must appear within this box.