HomeMy WebLinkAbout18456_PIVERS ISLAND MARINA ASSOC_19970915r CAMA AND DREDGE AND FILL QaNl
GENERAL
-Y- m
PERMIT r°p
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15A NCAC
Applicant Name
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROJECT DESCRIPTION
Pier (dock) length
Groin length
number
Bulkhead length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
SKETCH (�j T
U,
This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
Phone Number
State Zip
(SCALE:
applicant's signature
l'i f
permit officer's signature
issuing date expiration date
attachments
In issuing this permit the State of North Carolina certifies that ^I1
this project is consistent with the North Carolina Coastal application fee
Management Program. t�
EZ2CY/THE CAT HOUSE, LTD.
5386 HWY 70 WEST
MOREHEAD CITY, NC 28557
PAY
TO THE
ORDER OF '`— /\
4817
66--1521531
DATE_ ��+P� /.__ �Z�
Is SO ,
Wachovia Bank, N.A.
it of NC 2851(
FOR 0--
11 00048L7u' l:0S3L0LS29j: S464 0704921
DOLLARS
�pe Is on Da4.
IVP
SEP 09 ',97 1G •'5G. FR hJORTEL 500 PPP 'y1'D 905 2 1 C,'? TO 619192A75 34 P. 01
ADJACENT RIPARIAN PROPERTY .OWNER STATEN"T
(POR A ,i I RIMOOM6 MINGSIB6,4AI# I00AMOUSE)
1
7 hereby certify that r'awn property adjacent to
j (Name of Property Owner)
rr e�j
property located at�l- SS t a.tJrT /S Sd �rs�i �o �J Lrl
(Lot, Block, Road, etc.)
on ��w�-) -�+c A-e_� ; in ���l Tt�2e
(Waterbody) (Town and/or County)
He has described to me, as shown below, the debelopment he is proposing at that
location, and, I have no objections . to his proposal understand that a .pier/mooring
pitings/boatliftlboathouse must be set back a rninirnum distance of fifteen feet (15') from my area
of riparian access unless waned by me.
I do not wish to waive the setback regnz�ement:
I to wish to waive that setback requirement.
j
MSCRIMON AND/OR ]DRAWING OF
(To be fXed in by ia&vidual pr
J
d .V ; p
print or '�w Name
7__
telephone Number
Date? i
i ;
99( C15:1r BI.J CO. PKG. ' �ERJI�:�E' DEPT
P . i-1 1
_ � f c .r l t— .✓ v v 7 � !
ADJACENT TU PARMN PROM ) 0STA'IEMEW
(FOR A PIF,.R HOOKING F9JNGS1H0(i 7.,IFT/BOAT f0USL)
I
I hereby certify that I own property adjacent to "Lie
j (Name of Property Owner)
QN
pro located at / e /L % yr r ,415& r;
CLd, Block, Road, ate.)
(nlca2 ll , ,,,,rr i I
on _ Q 1�cx;.i C,G O ez in C� 4 7110- e— N.C.
(Waterbody) (T aWlor County)
j
Re has described to me, as shown below, the develo meet he is
p proposing at that
locadoa, and, I have no objections to his propos,31I; Understand that a pierlmooring
piiings/boadiftlboathouse must be set back a minimum distance of fifteen feet (151) from my area
of npa0an access wilm Waived by me. I
i
I do pat wish to waive the setback requi# *t.
r
%f I _d-Q Wish to waive that setback regt irmt nt.
DFS6UMON ANP/OR DRAWWC. OF PR
(To be JWed in by in&vidtud amim
4 v i I
1
1 I j
I I
• � i
I
101 OW 31_i) %Jul�l►It_
Sig�tatutd
i
Print for Type Name
�r 7Sb-`7'��. -
Te- *hone NT umber
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Iratc;: i 5' 7 --
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i
t a
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
(FOR A PIERIMOORING PILINGSIBOATUMBOATHOUSE)
I hereby certify that I own property adjacent to 1l4 f- 6� 7- 's
(Name of Property Owner)
property located at +% z�� S� �Q���rtS SDc� « i �v Lill
(Lot, Block, Road, etc.)
on in e- i , N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that
location, and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
Y I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
N
Fl
0 O
0
Signature /I
Print or Type Name
Telephone Number
Date:
ADJACENT RIPARIAN PROPERTY OWNER STA
(FOR A PIERIMOORING PILINGS/BOATLIFTIBOATHOUSE)
I hereby certify that I own property adjacent to (� / J 's
(Name of Property Owner)
property located at -Pi L) e p- ` 1 s :9 iv ;� %'j/ ti';� /�� c �o•v Sl-Z � �,S
(Lot, Block, Road, etc.) r
N�ot2
on , in�' e-ct i oAg-7e e— < , N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is proposing at that
location, and, I have no objections to his proposal. I understand that a pier/mooring
pilings/boatlift/boathouse must be set back a minimum distance of fifteen feet (15') from my area
of riparian access unless waived by me.
I do not wish to waive the setback requirement.
I do wish to waive that setback requirement.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual prop pa. developme )
® o j "' At y
r `f 'J1i"'S iv, b"
ZAP C2t;f
S46ature
Print or Type Name
z.z-:�; - "j/
Telephone Number
Date: 1�9' — ,/ z — I
�NIHoUV 1) JHI
4y
THE AROLINA
C O M P A N Y
Ron Hardee
Developer
Where Nature Distinguisbes Our Course
BOX 908 • PINEHURST, NORTH CAROLINA 28370
1-888.465-3085 • OFFICE: 910-949.4633 • HOME: 910.949.2042 • FAX:910-949-3926
A gated golf club community
GEC'-Y_e -
Prepared by. John M. Harris P.A. ���) D aincar D
STATE OF NORTH CAROLINA %�i'C��i r �} C,
D �-
COUNTY OF CARTERET
DU R -LEASE ARNEEMEN
DDIVDD°D MAND MARHMA
SLIP EIGHT (8) AND NINE (9)
THIS SUB -LEASE AGREEMENT is made and entered into this day of
July 1997, by and between GOLF & SHORE PROPERTIES, INC. (hereinafter "Lessor")
and THE CAT HOUSE, LTDI(hereinafter "Lessee").
For good and valuable consideration, receipt where of is hereby acknowledged,
Lessor does lease to Lessee, and Lessee does rent from Lessor, the above referenced
Slip at Pivers Island Marina, as designated on Exhibit "A" in that Declaration recorded
in Book 646, Page 52, Carteret County Registry, and the plat attached thereto
(hereinafter "Declaration"). The term of this lease shall be ninety-nine (99) years,
commencing as of the date of this instrument.
Lessee shall have the right to renew this sub -lease for an additional term,
through and including May 1, 2187, upon payment of the sum of $1 .00 to Lessors
and upon written notice to Lessor of intent to renew at least 60 days prior to the
expiration of the initial 99 year term.
This lease is expressly made subject to all of the terms and conditions
contained in that Declaration recorded in Book 646, Page 52, and amended in Book
794, Page 841, Carteret County Registry, including, but not limited to, payment of
assessments as required therein, and "Declaration" is hereby incorporated by
reference into this lease agreement. This lease agreement is also subject to that
Lease Agreement and amendments between Dudley Seafood Company, Inc. and S.
Gene McClung and J.R. Hardee, which second amendment is recorded in Book 646
at page 51, and rerecorded in Book 793 at page 728, Carteret County Registry. The
above referenced lease as amended was assigned to Golf and Shore Properties, Inc.,
by document recorded in Book 774 at page 931, and Book 793 at page 728, Carteret
County Registry.
This lease includes all rights and easements appurtenant to the Slip as described
in the aforesaid Declaration. Lessee, by acceptance of this lease and by execution of
this document, becomes a "Lessee" as that term is defined by the said Declaration
and a member of the Association also provided therein and accepts all rights and
obligation as provided in "Declaration". Further, Lessee, by acceptance of this lease,
acknowledges that he has inspected the Marina and the slip and accepts same in its
present condition. funN(Pnn rpmj7.--7
W 1
a.w- ----- _____.... .
BOOK R/ __
Lessee shall, at the expiration date of the term of this lease, return the said Slip
and all appurtenances to Lessor.
This Sub -Lease Agreement shall inure to the benefit of and shall be binding
upon the parties, their heirs, successors and assigns.
IN WITNESS WHEREOF, Lessor and Lessee have caused this instrument to be
signed the day and year first above written.
GOLF & SHORE PROPERTIES, INC.
II,IA�'ti � BY:
�,, ,'• •.:...y.�.;' President
ATTEST:
ri} , G�
ecre ` ry
THE CAT HOUSE, LTD.
BY: \ Al
Presiders
ATTEST: /
cretary
� �jkyl
IIJ
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
- I, -fJ `� , a Not Public of the aforesaid County and
State, do hereby certify that NICv rc�? 1.G l ^ personally came before
.me this day and acknowledged that e/she is (Assistant) Secretary of GOLF & SHORE
PROPERTIES, INC., a North Carolina Corporation, and that by authority duly given and
as -the act of the corporation, the foregoing instrument was signed in its name by its
ed)%Presid6ffr- sealed with its corporate seal and attested by himself/herself as its
-JAssis bnt?,,Secretary�
,. W,ITN' SS my hand and official stam or eal,,,this �, he day of July, 1997.
n - ' NO 4AY PUBLIC
My.' orYamiSsion Expires:i�-P�'c�
4
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, a Notary Public of the aforesaid County and
State, do heref y ertify that -Y personally came before
me this day and acknowledged tha e/she is (Assistant) Secretary of THE CAT
HOUSE, LTD, a North Carolina Corporation, and that by authority duly given.-an'd as:
the act of the corporation, the foregoing instrument was signed in its name by- its
(Vice) President, sealed with its corporate seal and attested by himself/herself ,a& its,
(Assistant) Secretary.
WITNESS my hand and official stamp or seal, this the Z�ay of July, 1997.
NOTARY ROO LIC
My Commission Expires:
NORTH CAROLINA, CARTER ,
The foregoing cortificate(s) n
Is (are) certified to be correct. THr -��_ ... _ �r ,-e.
se►ite t tegistrati n, and recce sc�rr;=e err
Book P
t71his - - day k Prl
PREPARED BY: DARDEN, COYNE, SIM11SON & 11ARRIS, P.A.
NORTH CAROLINA
CARTERET COUNTY
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, PIVER'S ISLAND MARINA
THIS DECLARATION is' made and entered into this 7th day of
August, 1990, by S. GENE McCLUNG and J. R. HARDEE (hereinafter,
collectively, "Declarants");
BACKGROUND STATEMENT
Declarants hold leasehold interest in certain real property
in Carteret County, North Carolina, adjacent to Piver's Island, and
shown on the plat attached hereto and incorporated by reference.
The said le s'�I_is evidenced b Second Amendment thereto recorded
in Book �I& , Page �_ , Carteret County Registry.
Declarants have constructed thereon a marina facility, consisting
of docks and piers, ten slips, parking spaces therefore and well
and water lines and electrical lines. Said improvements are shown
on Exhibit A, attached hereto. Declarant intends to transfer the
right to use of said slips to others by long term sub -lease. In
order to protect the value of said rights, regular use of the
marina, and facilitate the entering into of such leases, Declarants
desire that these covenants, restrictions and easements shall apply
to said marina.
TERMS OF DECLARATION
NOW, THEREFORE, Declarants hereby declare that all of that
property subject to the aforesaid lease, and shown on Exhibit A
attached hereto, shall be held, leased and transferred subject to
the following easements, restrictions; covenants and conditions,
which are for the purpose of protecting the value and desirability
of, which shall run with transfer of, each and every dock space or
slip, and which shall be binding upon any and all parties having
any right, title or interest in said docks or slips.
ARTICLE I
DEFINITIONS
1. "Association" shall mean and refer to Piver's Island
Marina Association, an unincorporated association, its successors
and assigns.
2. "Slip" s e,an.-and refer
numbered sli ►Md,d,signated
n
hereto.
I
S E_ P 15
n r% 'u
to one (1), individual,
on Exhibit "A", attached
(2)
3. "Common Area" shall mean and refer to the entire area
constituting the marina, as described in the above referenced
lease, including, but not limited to, all real property, parking
spaces, docks, piers, pilings, the well, water lines, electrical
facilities (except electrical facilities metered to any, single
slip and telephone service facilities for any, single slip) and the
marina basin itself.
4. "Lessee" shall -mean and refer_ to the holder of a sub-
lease from Declarants for use of a slip or slips for a term of
years, and to an assignee, by a Lessee, of the balance of the term
of any sublease, pursuant to Article VIII, Section 2 a, below.
5. "Unleased Slip" shall mean and refer to a slip which has
not been sub -leased b_V Declarants to a Lessee, as defined above.
ARTICLE II
PROPERTY RIGHT'S
Section 1. Easements of Enjoyment. Declarants, to the extent
they continue to hold unleased slips, and each Lessee, as defined
above, shall have exclusive right to use of the unleased slips (as
to Declarant) and to the slip leased (as to each Lessee) and shall
have a right and easement of enjoyment in and to the common area
of the marina, as defined above, and such easement shall be
appurtenant to, and shall pass with transfer of each slip, subject
to the following provisions:
. a. The right of the Association to suspend the voting rights
and ri,ght to use the common areas by Declarants or Lessee for any
period during which any assessment against such Declarant's or
Lessee's slip remains unpaid, and for a period not to exceed sixty
(60) days for any infraction of the Association's published rules
and regulations;
b. The right of the Association to dedicate or transfer all
or any part of the common area to any public agency, authority, or
a utility for purposes and subject to such conditions as may be
agreed to by the members. Provided, however, that except as to
dedication of, or conveyance of, normal utility easements, any such
transfer or dedication shall require the affirmative vote of all
members.
ARTICLE III
PIVER'S ISLAND MARINA ASSOCIATION
Section 1. Membership. Each Lessee (as defined above) of a
slip, and Declarants, to the extent Declarants retain unleased
slips, shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from right to use of a
J�2 _....._._ .
(3)
slip, whether by Declarants (as to unleased slips) or by virtue of
sub -lease, as to Lessees.
Section 2. Voting Rights. The Association shall have one
class of members, which shall_ consist of Declarants (to the extent
of ownership of unleased slips) and al! Lessees. Members shall be
entitled to one (1) vote for each slip. When one cr more persons
hold such interest or interests in any slip, all such persons shall
be members and the vote, of each slip shall be exercised as they
themselves determine, but in no event shall more than one vote be
cast for any slip.
Section 3. Assessments. Declarants, for each unleased slip
hereby covenant, and each Lessee of any slip within the marina, by
acceptance of a sub -lease therefore, whether or not it shall be
expressed in such lease, is deemed to covenant and agree to pay to
the Association: (i) annual assessments or charges, and (ii)
special assessments for capital improvements, such assessments to
be established and collected as hereinafter provided. For purposes
of this paragraph the lien on a "slip" referenced above shall mean
and refer to the lien on a leasehold interest (as to Lessees) or
the lien on the ownership interest (as to Declarants, for unleased
slips).
The annual and special assessments, together with interest,
costs and reasonable attorney's fees, shall be a charge on the
slip, and shall be a continuing lien on each slip against which
each assessment is made. Each such assessment, together with
interest, costs and reasonable attorney's fees, shall be the
personal obligation of the person or entity who is the owner of an
interest in said slip at the time when the assessment fell due.
The personal obligation for delinquent assessments shall not pass
to successors in title to a slip unless expressly assumed by them.
Any assessment shall be deemed in default if not paid within thirty
(30) days of the due date.
Section 4. Use of Assessments. The assessments levied by
the Association shall be used exclusively to promote the
recreation, health, safety, and welfare of the owners of an
interest in the slips, and for improvement and maintenance of
common areas.
Section 5. Amount of Annual Assessment. Until January 1 of
the year immediately following the transfer by sublease, to a
Lessee, of the first slip in the marina, the annual assessment
shall be $JM, 00 per slip. From and after January 1 of the year
immediately following such transfer, the maximum annual assessment
may be increased each year not more than five (5%) percent above
the amount of the assessment for the previous year by vote of the
Board of Directors. From and after January 1 of said year, the
annual assessment '7 d above five (5%) over the
previous annual a S end vote of not less than two-
i l 't P
F
SEP 1- 5 i997 ` {
J
(4)
thirds (2/3) of members who are voting in person or by proxy at a
meeting duly called for this purpose.
Section 6. Amount of Special Assessment. In addition to the
annual assessments authorized above, the Association may levy, in
any assessment year, special assessments applicable to that year
only for the purpose of defraying, in whole or in part, the cost
of any construction, reconstruction, repair, maintenance
(specifically including 'dredging of the basin in the entrance
channel and repair of any bulkheads and/or breakwaters), for
replacement of a capital improvement in the common area, or for
insurance, provided that any such assessment shall have the assent
of two-thirds (2/3) of the votes of members who are voting in
person or by proxy at a meeting duly called for this purpose.
Section 7. Uniform Rate of Assessment. Both annual and
special assessments must be fixed at a uniform rate for each slip.
Written notice of the annual assessment shall be sent to all
entities holding an interest in any slip. Provided, however, that
when there is more than one Lessee of a slip, it shall be
sufficient that notice be sent to only one. Annual assessments
shall be payable annually, semi-annually, quarterly, or monthly,
as the board of directors shall determine. Special assessments
shall be due and payable as determined by the Association. The
Association shall, upon demand, furnish a certificate signed by an
officer of the Association, or a designated agent, setting forth
whether the assessments on a specified slip have been paid. A
properly executed certificate by the Association, or its designated
agent, as to the status of assessments on a slip, shall be binding
upon the Association as of the date of its issuance.
Section 8. Effect of Non -Payment of Assessments. Any
assessment, or portion thereof, not paid within thirty (30) days
after the due date shall bear interest from the date .due at the
rate of twelve (120) percent per annum: The Association may bring
an action at law against the Lessee or Declarants, as the case may
be, personally obligated to pay same, or may enforce the lien
against the leasehold interest in the slip, or both. No Lessee,
or the Declarant, as the case may be, may waive or otherwise escape
liability for the assessment provided for herein by non-use or
abandonment of the facilities.
Section 9. Lien on Vessel. In addition to the lien granted
herein as to leasehold interest in a slip, the Association will
have, to the extent of any assessment in default, a possessory
lien, pursuant to the terms of Chapter 44A of the North Carolina
General Statutes, on the vessel situated in said slip.
_Section 10. Enforcement of Liens. Enforcement of all liens
referenced above shall be in accordance with the terms of Chapter
44A, North Carolina General Statutes, as the same apply to personal
(5)
property. This shall be the case as to the lien on the slip itself
and as to the lien on a vessel using the slip.
ARTICLE IV
USE RESTRICTIONS
Section 1. No obnoxious or offensive activities shall be
allowed on or around the marina facility by any individual using
same.
Section 2. No Lessee (or Declarants) shall make or suffer to
be made any changes and/or adjustments to the common areas, without
the specific, written approval of the Association. This
prohibition shall include placement and type of dock boxes, and the
like. This prohibition, however, shall not preclude minor items
such as placement of additional cleats, fenders and the like.
Provided, however, that any such minor items shall be of new
materials, and shall be done in a manner which shall be
aesthetically compatihle with the rest of the marina, and shall
not, in any way, impede or interfere with the use of any other slip
or the common areas.
Section 3. Each Lessee (and Declarants, as to unleased
slips), shall, at all times, maintain the docks and pier area
around his slip in a neat and clean condition. No personal
property shall be allowed to remain on or around the docks and
piers, unless same shall be in the dock box for each slip.
Section 4. There shall be no storage of boats and/or boat
trailers on the parking area or grounds of the marina. Vehicle
parking shall be allowed for Declarants and lessees of slips during
periods of time during which they are utilizing their boats only.
ARTICLE V
UTILITIES/TAXES
Section 1. Payment for any and all bills for water and
electricity for the marina (except for electricity individually
metered to one slip, and telephone service to any one slip, if any)
shall be the responsibility of the Association, and shall be a
common expense thereof.
Section 2. Any ad valorem taxes with respect to the
improvements constituting the marina shall be the responsibility
of the Association, and shall be a common expense thereof.
ARTICLE VI
OBLIGATIONS OF THE ASSOCIATION gip 15 1997;;
(6)
The Association shall have the sole responsibility for
maintenance, repair, upkeep and replacement of -the common areas of
the marina, which shall include, but not be limited to, the
following:
a. All docks, piers, pilings and bulkheads in the marina;
b. the parking lot;
C. the electrical and water utilities, including the pump;
d. all common lighting;
e. the marina basin itself, which shall be dredged, from
time to time, as necessary, by the Association, such that
a. minimum depth of seven (7) feet is maintained;
f . the grounds of the marina not covered by any of the above
categories.
All such maintenance, repair or replacement shall be a common
expense of the Association.
ARTICLE VII
TRANSFER OF SLIPS
Section 1. Declarant shall have the right to transfer slips
as follows:
a• By long-term lease (longer than twenty (20) years), said
period to be designated in a written lease, which lease,
or memorandum thereof, shall be recorded in the Office
of the Register of Deeds of Carteret County, North
Carolina.
b. By short-term lease, at Declarant's discretion as to
term, which lease, or memorandum thereof, need not be
recorded. Provided, however, that as to such slips
leased by Declarants under short-term lease, those slips
shall be deemed "unleased slips" as defined above, and
Declarants shall be fully responsible for any and all
assessments pertaining to such slips.
Section 2. Lessees shall be entitled to transfer or assign
their rights in a slip as follows:
a. By assignment of the balance of the term of their sub-
lease for slip or slips. Any such assignment must be
recorded in the office Register of Deeds of Carteret
County, North Carolina. Upon recordation of such
assignment, assignee therein shall be deemed to be the
Lessee of such slip.
k
(7)
b. By short term sub -lease, at Lessee's discretion as to
term, which sub -lease need not be recorded. Provided,
however, that ill the event of such sub -lease, Lessee
shall remain a member of the Association, as to each such
slip, and shall remain fully responsible for all
assessments and other obligations hereunder.
Section 3. Any and all leases, whether long-term or short-
term,
and any and all sub -leases, shall be subject to the terms,
conditions, restrictions and easements as contained ill this
hall
Declaration, whether or not said lease and/or sub-lease
such pease
specifically make reference hereto. In addition, a
and/or sub -lease shall be subject to such reasonable rules and
regulations regarding use of the marina as may be promulgated, from
time to time, by the Association.
ARTICLE VIII
AMENDMENT
This Declaration may be amended by Declarant to expand the
Marina by up to ten (10) additional slips, pursuant to Exhibit B,
attached hereto and incorporated by reference. This Declaration
ec ar tion
may be otherwise amended by vote �eighty
by8 pro y, at a duly
the
membership voting, either in peson
constituted meeting of the Association, after due notice.
Upon such a vote, an amendment shall be signed by the appropriate
officers of the Association, and such amendment shall be recorded
in the Office of the Register of Deeds of Carteret County, North
Carolina. Any such amendment shall be effective as of the date of
recording. Recordation of an amendment signed by the officers of
the Association and recorded as herein provided shall be conclusive
evidence that all of the provisions of this Article, with respect
that so
to amendment, have been complied with. Provided, however,
long as Declarants retain any unleased slips, as defined above,
any such amendment shall not be effective unless Declarants, or one
of them, shall have joined in the execution thereof. Provided,
further, however, that this requirement for joinder by Declarants
in an amendment shall expire three (3) years from date of
recordation hereof.
ARTICLE XI
" GENERAL PROVISIONS
Gi Section I. Enforcement. The Association, Declarants (so long
s or an Lessee, shall have the
all
ps Declarants hold unleased slips) Y
b an proceeding at law or in equity,
-fitt fight to enforce, Y Y pcovenants, regulations, liens and
e� J restrictions, conditions, provisions of this
�. o- cthe charges, now or hereafter imposed by P
W .Declaration, or amendment hereto. Failure by the Association or
y
._ ..�.�1 Declarants, or by a Lessee, to enforce any covenant or restriction
or contained shall in no event be deemed a waiver of the right
- to do so thereafter.
of
Section Z. Severabilit Invalidation of any
o eoor moshall
re
these covenants and restrictions by judgment r
(8)
in no wise affect any other provisions, which said other pr^visions
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seals the day and year first above written.
(SEAL)
T S. GENE McCLUNG
SEAL
J. IL HARDEE
STATE OF
COUNTY' OF �GJ�av�6�1
I, a Notary Public of the aforesaid County and State, do
hereby certify that S. GENE McCLUNG personally appeared before me
this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official stamp or seal, this 2Y0 day of
/ _�__z �; X- , 1990.
OFFICIAL SEAL
NOTARY PUBLIC
STATE OF WEST VIRGINIA
` '
VIRGINIA HUDKINS
906 Main St.
�rtzrttmisa�'E�icF
1�
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
NOTARY PUBLIC
I, a Notary Public of the aforesaid County and State, do
hereby certify.'. -'that J. R. HARDEE personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
W t ss my hand and official stamp or seal, this �� day of
1990.
�
QE��N .: M�p9'•; OTARY VURZIC
•.N01WR9oVmi7Ssion Expires: 5`
PUBLIC
AE\PIVER.DEC
q_,�h
�f
NORTH CAROURVCARTERE PUN t
The for certificate(s) oftt.vs
is (are) certified to be correct. This i sin th st officeri t
sented to registration and recorded is
Book Page 0 O'ciockV! M•
This day of 19— at
Sharon Piner
e is
of De F�
ssistant,1"OtY`_
r•
q,6-- D
---
EYMBIT A
c
0
N U4' OJ JC vi - IOV. iY
R 1%'08
TO PIVERS ISLAND
100� R/W
(AS -BUILT) BOAT DOCK
SCALE 1 = 30 OWNER: RON J. HARDEE
CARTERET COUNTY, N1900 J PAG
Cl: