25695_SPOONERS CK NORTH HOA_20000713

CAMA and DREDGE AND FILL Ll O � 1 (( I� _
G E N E RAL
+:
PERMIT
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC
Applicant Name
Address
City
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity
PROTECT DESCRIPTION SKETCH
Pier (dock) Length
Groin Length
number
Bulkhead Length
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
State
Phone Number
zip
(SCALE:
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 become null and void.
This permit must be on the project site and accessible to the permit of-
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project 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.
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
issuing date
applicant's signature
permit officer's signature
expiration date
a achments
E
application fee

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGNNEMENT
19
August 25, 2000
Mrs. Liliane Burnham
104 Henson Court
Morehead City, NC 28557
Dear Mrs. Burnham:
This correspondence is in reference to your objection to a reconfiguration proposal
to the Spooner's Creek North Iviarina located in Spooner's Creek, Carteret County.
The Spooner's Creek Homeowners Association (HOA) has proposed minor
modifications involving the shifting of finger piers, deletion of decking, the
relocation of tie pilings, etc. all within the same footprint of the existing marina.
The North Carolina Division of Coastal Management has given your objections
careful consideration and has determined that the project is consistent with the
pertinent regulations of the Division. Therefore, on July 13, 2000 the Division
issued CAMA General Permit #25696-C to Spooner's Creek Homeowners
Association for the reconfiguration work.
If you wish to appeal this permit decision, you may file a request with the Director
of the Division of Coastal Management, Department of Environment and Natural
Resources within 20 days of the permit decision. Unfortunately, I was under the
impression that your CAMA concerns had been addressed and therefore, did not
send you a letter stating the Division's action and your right to appeal. I hope this
does address your concerns with this Division. However if you wish to appeal, I
will argue to our attorney on your behalf, for the right to do so. If you have any
questions regarding this matter, please don't hesitate to contact me at my Morehead
City Office (252-808-2808).
Sincerely,
f
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
MOREHEAD CITY OFFICE
HESTRON PLAZA II, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

Y- N.C. Divison of Coastal Management
Hestron Plaza II, 151 B, Hwy. 24
Morehead City, NC 28557
Mrs. Liliane Burnharrr
104 Henson Court
Morehead City, N.C. 28557
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25 00 3812686

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DEHNR COSTAL KNIT
TEL -919 733 1495
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M. Ted Tyndall
District Manager
NC Division of Coastal Management
151-9 Highway 24
Hestron Plaza II
Morehead City, NC 28557
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Dear Mr, Tyndall,
P. 001
F. Cil
1 have written previously to express my opposition to any changes to the
Spooner's Creek North Marina In Morehead City, North Carolina but
have received no correspondence regarding this permit from your office.
As the Immediate Rlperlan rights holder I would appreciate some
response from your office regarding this project.
On June 6th I hand dellvered a letter to your office noting my
dissatisfaction with the proposed Spooners Creek Homeowners
Association plan to make changes to the marina. To date I have not
received any reply from your office regarding the need for dredging and
sea wall Integrity and spacing Issues I brought up.
Please do not hesitate to contact me if I can be of any assistance.
Sincerely,
Cindy Burry m
6808 Netherdale Dr, 104 Henson Ct.
Fayetteville, NC 28304 Morehead City, NC 28314
910-868-1342 252.726-5165
cc; Donna Moffitt

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JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
DONNA D. MOFFITT'
Dli cro5L
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 1, 2000
Mr. & Mrs. Harold Myatt
101 Edwards Drive
Morehead City, NC 28557
Dear Mr. & Mrs. Myatt:
This correspondence is in reference to your objection to a reconfiguration proposal
to the Spooner's Creek North Marina located in Spooner's Creek, Carteret County.
The Spooner's Creek Homeowners Association (HOA) has proposed minor
modifications involving the shifting of finger piers, deletion of decking, the
relocation of tie pilings, etc. all within the same footprint of the existing marina. It
also serves as a follow up to your letter of 8/2900 and your recent telephone call
regarding the proposed realignment of your slip located within that marina facility.
The existing configuration of the dock and in particular your designated slip is
currently in compliance with the rules and regulations of the Division of Coastal
Management. On a similar note, the proposed and currently permitted
reconfiguration of the marina facility is also consistent with those same rules. This
Division has not requested any change to the existing dock configuration and does
not have a preference for either configuration. In addition, if requested the
Division could also modify the existing permit to allow for the last two slips to stay
as they currently exist and the remaining slips reconfigured. Any proposed
development is up to the applicant, which in this case would be the Spooner's
Creek North Homeowner's Association.
I have also enclosed a copy of the Third Parry Hearing Request. Unfortunately,
like my August 25, 2000 letter stated, I failed to notify you of the final permit
decision within the 20 -day time period. But if you wish to appeal, I will plead
your case to our attorney. If you have any questions regarding this matter, please
don't hesitate to contact me at my Morehead City Office (252-808-2808).
Sincerely,
"If/V
M. Ted Tyndall
District Manager
Enclosure
cc: Tere Barrett - Field Representative, DCM
Ms. Vicky Barwick - President, HOA
MOR EHEAD CITY OFFICE
HESTRON PLAZA 11, 151-8 HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

September 1, 2000
Mr. Colon Byrd
P.O. Box 607
Morehead City, NC 28557
Dear Mr. Byrd:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
This correspondence is in reference to your objection to a reconfiguration proposal
to the Spooner's Creek North Marina located in Spooner's Creek, Carteret County.
The Spooner's Creek Homeowners Association (HOA) has proposed minor
modifications involving the shifting of finger piers, deletion of decking, the
relocation of tie pilings, etc. all within the same footprint of the existing marina. It
also serves as a follow up to our meeting yesterday regarding the proposed
realignment of your slip located within that marina facility.
As we discussed, the existing configuration of the dock and in particular your
designated slip is currently in compliance with the rules and regulations of the
Division of Coastal Management. On a similar note, the proposed and currently
permitted reconfiguration of the marina facility is also consistent with those same
rules. This Division has not requested any change to the existing dock
configuration and does not' have a preference for either configuration. During our
meeting, I also stated that if requested the Division could also modify the existing
permit to allow for the last two slips to remain as they currently exist and the
remaining slips reconfigured. Any proposed development is up to the applicant,
which in this case would be the Spooner's Creek North Homeowner's Association.
I hope this answers your questions regarding the Division of Coastal
Management's role in the dock reconfiguration. If you have any questions
regarding this matter, please don't hesitate to contact me at my Morehead City
Office (252-808-2808).
Sincerely,
M. Ted Tyndall
District Manager
cc: Tere Barrett - Field Representative, DCM
Ms. Vicky Barwick - President, HOA
stela
MOREHEAD CITY OFFICE
HESTRON PLAZA 11, 151-B HIGHWAY 24, MOREHEA0 CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

ICI)

August 29, 2000
Mr. M. Ted Tyndall
District Manager
Dear Sir:
In response to your letter of August 25, 2000, we would like to appeal the permit issued to North
Spooners Creek Marina plans for the following reasons:
Mr. Myatt is confined almost entirely to a wheelchair and the changes proposed will make it
virtually impossible for him to have access to our boat. Mr. Myatt is not stable enough to walk
on a finger pier.
We had been told that our boat slip would not be changed in any way but when the permit was
issued, we discovered that Mr. Ballard had chosen to put our slip at an angle. This is not a
necessary move to recapture the unusable boat slips they seek in the reconfiguration. Yet again,
Mr. Ballard made changes without presenting the plans to those who would be most affected.
CAMA approved our plans to straighten our slip and put in a boat slip in April, 1997. We also
received a Federal Permit in June, 1997.
The attached letter was in our mailbox this morning (8-29-2000) telling us to move our boat.
We have no intention of moving our boat and as a matter of fact, we could insist that the marina
be more user friendly to handicapped people.
We would appreciate your assistance in halting the plans as they have been proposed to changing
our slip.
Thankyou.
Ci �
Mr. & Mrs. Harold Myatt
101 Edwards Drive
Morehead City, N. C. 28557
240-1468
cc -Mrs. Vicky Barwick, President
North Spooners Creek Association

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AUG -28-00 07:27 PM NAUTILUS 9108269963 P.01
FAX Cover Sheet
TO: Ted Tyndall
FROM: Cindy Burnham
DATE: 8/28/00
RE: Spooners Creek Marina
PAGE 1 of 2

AUG -28-00 07:28 PM NAUTILUS 9108269963 P.02
8/28/00
M. Ted Tyndall
District Manager
NC Division of Coastal Management
151-B Highway 24
Hestron Plaza II
Morehead City, NC 28557
Dear Mr. Tyndall,
I have written previously to express my opposition to any changes to the
Spooner's Creek North Marina In Morehead City, North Carolina but
have received no correspondence regarding this permit from your office.
As the immediate Riperian rights holder 1 would appreciate some
response from your office regarding this project.
On June 8th I hand delivered a letter to your office noting my
dissatisfaction with the proposed Spooners Creek Homeowners
Association plan to make changes to the marina. To date I have not
received any reply from your office regarding the need for dredging and
sea wall integrity and spacing Issues I brought up.
Please do not hesitate to contact me If 1 can be of any assistance.
Sincerely,
—�
Cindy Bur am
6808 Netherdale Dr.
Fayetteville, NC 28304
910-868-1342
cc: Donna Moffitt
104 Henson Ct.
Morehead City, NC 28314
252-726-5165

JAMES B. HUNT JR.
GOVERNOR
4X:
BILL HOLMAN
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL. MANAGEMENT
August 25, 2000
Mr. & Mrs. J. Harold Myatt
101 Edwards Drive
Morehead City, NC 28557
Dear Mr. & Mrs. Myatt:
This correspondence is in reference to your objection to a reconfiguration proposal
to the Spooner's Creek North Marina located in Spooner's Creek, Carteret County.
The Spooner's Creek Homeowners Association (HOA) has proposed minor
modifications involving the shifting of finger piers, deletion of decking, the
relocation of tie pilings, etc. all within the same footprint of the existing marina.
The North Carolina Division of Coastal Management has given your objections
careful consideration and has determined that the project is consistent with the
pertinent regulations of the Division. Although you feel that the HOA was not
acting within their right, the president of the Association does have the right to
apply for CAMA permits for their structure. Therefore, on July 13, 2000 the
Division issued CAMA General Permit #25696-C to Spooner's Creek
Homeowners Association for the reconfiguration work.
If you wish to appeal this permit decision, you may file a request with the Director
of the Division of Coastal Management, Department of Environment and Natural
Resources within 20 days of the permit decision. Unfortunately, I was under the
impression that your CAMA concerns had been addressed and therefore, did not
send you a letter stating the Division's action and your right to appeal. I hope this
does address your concerns with this Division. However if you wish to appeal, I
will argue to our attorney on your behalf, for the right to do so. If you have any
questions regarding this matter, please don't hesitate to contact me at my Morehead
City Office (252-808-2808).
Sincerely,
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM ► ,
MOREHEAD CITY OFFICE
HESTRON PLAZA II, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

i + .
CDENR
•.,JAMES B. HUNT JR.
GOVERNOR
t i
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
August 25, 2000
Mr. Colon Byrd
P.O. Box 607
Morehead City, NC 28557
Dear Mr. Byrd:
This correspondence is in reference to your objection to a reconfiguration proposal
to the Spooner's Creek North Marina located in Spooner's Creek, Carteret County.
The Spooner's Creek Homeowners Association (HOA) has proposed minor
modifications involving the shifting of finger piers, deletion of decking, the
relocation of tie pilings, etc. all within the same footprint of the existing marina.
The North Carolina Division of Coastal Management has given your objections
careful consideration and has determined that the project is consistent with the
pertinent regulations of the Division. Although you feel that the HOA was not
acting within their right, the president of the Association does have the right to
apply for CAMA permits for their structure. Therefore, on July 13, 2000 the
Division issued CAMA General Permit #25696-C to Spooner's Creek
Homeowners Association for the reconfiguration work.
If you wish to appeal this permit decision, you may file a request with the Director
of the Division of Coastal Management, Department of Environment and Natural
Resources within 20 days of the permit decision. Unfortunately, I was under the
impression that your CAMA concerns had been addressed and therefore, did not
send you a letter stating the Division's action and your right to appeal. I hope this
does address your concerns with this Division. However if you wish to appeal, I
will argue to our attorney on your behalf, for the right to do so. If you have any
questions regarding this matter, please don't hesitate to contact me at my Morehead
City Office (252-808-2808).
Sincerely,
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM 'r
�v
MOREHEAD CITY OFFICE
HESTRON PLAZA 11, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

4
ems,
NCDENR
JAMES B. HUNT JR.:,?;
GOVERNOR
e
BILL HOLMAN
SECRETARY
DONNA D. MOFFITT'
DIRECTOR; -
A
f
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
August 25, 2000
Mr. & Mrs. Parfitt
112 Great Oaks
Fayetteville, NC 28303
Dear Mr. & Mrs. Parfitt:
This correspondence is in reference to your objection to a reconfiguration proposal
to the Spooner's Creek North Marina located in Spooner's Creek, Carteret County.
The Spooner's Creek Homeowners Association (HOA) has proposed minor
modifications involving the shifting of finger piers, deletion of decking, the
relocation of tie pilings, etc. all within the same footprint of the existing marina.
The North Carolina Division of Coastal Management has given your objections
careful consideration and has determined that the project is consistent with the
pertinent regulations of the Division. Although you feel that the HOA was not
acting within their right, the president of the Association does have the right to
apply for CAMA permits for their structure. Therefore, on July 13, 2000 the
Division issued CAMA General Permit #25696-C to Spooner's Creek
Homeowners Association for the reconfiguration work.
If you wish to appeal this permit decision, you may file a request with the Director
of the Division of Coastal Management, Department of Environment and Natural
Resources within 20 days of the permit decision. Unfortunately, I was under the
impression that your CAMA concerns had been addressed and therefore, did not
send you a letter stating the Division's action and your right to appeal. I hope this
does address your concerns with this Division. However if you wish to appeal, I
will argue to our attorney on your behalf, for the right to do so. If you have any
questions regarding this matter, please don't hesitate to contact me at my Morehead
City Office (252-808-2808).
Sincerely,
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM ,
MOREHEAD CITY OFFICE
HESTRON PLAZA IIf 151-B HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

JAMES B. HUNT JR.
GOVERNOR
BILL HOLMAN
SECRETARY
DONNA D. MOFFirr
DIRECTO R
�1
r:
,x
- NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
August 25, 2000
Mrs. Liliane Burnham
104 Henson Court
Morehead City, NC 28557
Dear Mrs. Burnham:
This correspondence is in reference to your objection to a reconfiguration proposal
to the Spooner's Creek North Marina Iocated in Spooner's Creek, Carteret County.
The Spooner's Creek Homeowners Association (HOA) has proposed minor
modifications involving the shifting of finger piers, deletion of decking, the
relocation of tie pilings, etc. all within the same footprint of the existing marina.
The North Carolina Division of Coastal Management has given your objections
careful consideration and has determined that the project is consistent with the
pertinent regulations of the Division. Therefore, on July 13, 2000 the Division
issued CAMA General Permit #25696-C to Spooner's Creek Homeowners
Association for the reconfiguration work.
If you wish to appeal this permit decision, you may file a request with the Director
of the Division of Coastal Management, Department of Environment and Natural
Resources within 20 days of the permit decision. Unfortunately, I was under the
impression that your CAllMA concerns had been addressed and therefore, did not
send you a letter stating the Division's action and your right to appeal. I hope this
does address your concerns with this Division. However if you wish to appeal, I
will argue to our attorney on your behalf, for the right to do so. If you have any
questions regarding this matter, please don't hesitate to contact me at my Morehead
City Office (252-808-2808).
Sincerely,
Tz'lIr
M. Ted Tyndall
District Manager
cc: Charles Jones - Assistant Director, DCM
Tere Barrett - Field Representative, DCM
fN AM6RfGA
MOR EHEAD CITY OFFICE
HESTRON PLAZA II, 151-8 HIGHWAY 24, MOREHEAD CITY NC 28557
PHONE: [phone] FAX: [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED / 10% POST -CONSUMER PAPER
DENR TOLL FREE HOTLINE: [phone]

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JUN-07-Gjp 08:21 Ptl NAUTILUS 9108269963
Charles .cones
Assistant Director for Permitting and Enforcement
NC Division of Coastal Management
151-6 Highway 24
Hestron Plaza It
Morehead City, NC 28557
252-808-2808
Dear Mr Jones,
I am writing to express my extreme opposition to any construction or
changes to the docks or marina of the Spooners Creek North
Subdivision.
I have maintained a residence at 104 Henson Court In Morehead City for
13 years and my property overlooks and is directly adjacent to the water
and dockage for the Spooners Creek North Subdivision. t have not
received an adequate plan for the proposed changes to the dock and
was unaware of any deadline to voice my opposition to this project. I will
need time to study the proposal and have my attorneys look over the
project before I can even begin to consider any changes to the docks on
my property. t have particular concerns about adjacent wetlands and
erosion to my seawall If any changes are made to the marina.
Again I am not in favor of any changes to the Spooners Creek North
Marina.
Please do not hesitate to contact me or my attorney It I can be of any
assistance.
Sincerely,
c��4'.l6Uvl, c +� tics � av7,Z
Lillane Burnham
6808 Netherdale Dr. 104 Henson Ct.
Fayetteville, NC 28304 Morehead City, NC 28314
910-868-1342 252-726-5165
Attorney: James C. Worthington
Poe, Hoof & Reinhardt
401 North Mangum Street
Durham, NC 27701
919-687-4050
P. e12

JUN -07-00 08:22 PM NAUTILUS 910S269963 P.02
I- P
Charles Jones
Assistant Director for Permitting and
NC Division of Coastal Management
151-8 Highway 24
Hestron Plaza 11
Morehead City, NC 28557
252-808-2808
Dear Mr Jones,
Enforcement
I am writing to express my extreme opposition to any construction or
changes to the docks or marina of the Spooners Creek North
Subdivision.
I have maintained a residence at 104 Henson Court In Morehead City for
13 years and my property overlooks and Is directly adjacent to the water
and dockage for the Spooners Creek North Subdivision. I have not
received an adequate plan for the proposed changes to the dock and
was unaware of any deadline to voice my opposition to this project. I will
need time to study the proposal and have my attorneys look over the
project before I can even begin to consider any changes to the docks on
my property. I have particular concerns about adjacent wetlands and
erosion to my seawall If any changes are made to the marina.
Again I am not in favor of any changes to the Spooners Creek North
Marina.
Please do not hesitate to contact me or my attorney If I can be of any
assistance.
Sincerely,
tlllane Burnham
6808 Netherdale Dr.
Fayetteville, NC 28304
910-868-1342
Attorney: James C. Worthington
Poe, Hoof & Reinhardt
401 North Mangum Street
Durham, NC 27701
919-687-4050
104 Henson Ct.
Morehead City, NC 28314
252-726-5165

Dr. and Mrs. Henry E. Parfitt, Jr.
JUN 1 2000
COASTALMANAGEMENT
Charles Jones
Assistant Director for Permitting and Enforcement
N. C. Division of Coastal Area Management
151-B, Hwy. 24
Hestron Plaza II
Morehead City, NC 28557
Dear Mr. Jones:
June 7, 2000
We are writing to request that you not allow any changes to the Spooner's Creek North marina or
dockage.
We purchased a lot in Spooner's Creek North which was sold to us with a boat slip. Once we
closed on the lot we were assigned a boat slip by the Homeowner's Association of Spooner's Creek.
We then obtained a permit and built a boat lift. We own a boat that is currently in this boat slip.
In our most recent Homeowner's Association Newsletter we read that they are trying to
reconfigure the boat slips to create additional spaces. We did not receive notice that there was to be
a vote on this issue. Today we were informed by some residents in Spooner's Creek North that
they are in fact going to obtain a permit and begin reconstructing the dock this weekend. They plan
to reconfigure our boat slip. We have not been advised of this from the Homeowner's Association
nor have we been told what they are going to do to our boat lift - and consequently our boat which
is there.
We are thus asking that you do not grant a permit for this. We need to have sufficient time to
contact our lawyers and have them investigate our rights in this matter.
Thank you so much for your attention to this matter.
Since y,
b(
Henry . r tt, Jr.
Diane M. Parfitt
112 Great Oaks
Fayetteville, NC 28303

FACSIMILE
To: Charles Jones, Assistant Director for Permitting
Of: NC Coastal Area Management
Fax: [phone]
Pages: 2, including this cover sheet.
Date: June 7, 2000
JUN I � 2000
Included is a letter requesting that you do not grant a permit to make any changes to the
Spooner's Creek North marina or dockage.
From the desk of...
Henry and Diane Parfitt
112 Great Oaks
Fayetteville, NC 28303
Fax: [phone]

FROM
FAX NO. : Jun. 08 2000 08:09PM P2
Colon Byrd
103 Alexandra Crt,
P.O. Box 607
Morehead City, N.C. 28557
Phone: [phone]
Fax. [phone]
June 8, 2000
T'ere Barrett
Coastal Management Rep.
)Division of Coastal Management
151B
Hestron Plaza II, Hwy 24
Morehead City, North Carolina 28557
Dear Ms. Barrett:
It is my understanding that a permit application has been made for the performance of work
and/or improvements for the marina area at Spooners Creek North.
I have an assigned slip with a boat lift in the marina and have not been advised, of what the
Proposed work involves, such as movement of any existing structures, water lines, or power lines,
nor have I been afforded any design or drawing which depicts the proposed work. As a property
owner and more specifically as the owner of a boat and a slip assignee I feel any proposed work
involving improvements would require the association to notify all slip assignees and present their
Proposal (with dr wings) for their comments and approval. pproval. Since this has not been done and with
the quesiiorl ofli1st I ity to those who house boats in slips in the marina, I wish to issue a FORMAL
OBJECTION to i suing a permit for any work performed in the marina until such time as all the
Proper association members have been notified and provided the opportunity to review the
changes being proposed and register comments, questions and approval.
Si
C4

NEIL B. WHITFORD
CAROLYN B. BRADY'
KELLY CROWELL HARRIS
MELISSA BERRYMAN
KENNETH M. KIRKMAN
OF COUNSEL
'ALSO LICENSED IN GEORGIA
KIRKMAN WHITFORD & BRADY, P. A.
ATTORNEYS AT LAW
POST OFFICE BOX 1347
MOREHEAD CITY. NORTH CAROLINA 28557-1347
Ms. Terre Barrett
CAMA Office
151-B Highway 24
Hestron Plaza II
Morehead City, NC 28557
TELEPHONE [phone]
FACSIMILE (2521 726-6974
E-mail: [e-mail]
June 16, 2000'
STREET ADDRESS:
710 ARENDELL,STREET - SUITE 105
--MOREHEAD CITY. NC 28557
.SUN 1 9 20001 9 2000
COASTAL MANAGEMENT
MOREHEAD
RE: Spooners Creek North Boat Slip Reconfiguration
Dear Terre:
Enclosed is a copy of the Declaration of Restrictive Covenants for
Spooners Creek North, a partial copy of the subdivision plat, and
a copy of the Burnham deed for Lot 16.
The Declaration is dated August 22, 1985 and is recorded in Book
523, Page 263, Carteret County Registry. The Burnham deed was
granted two years later and is dated June 10, 1987 and is recorded
in Book 568, Page 219.
In the Declaration of Covenants the developers of the subdivision
clearly subordinated or severed the riparian rights that otherwise
would have been appurtenant to Lot 16. I refer you to Article 14
on page 18 of the Covenants. Here it states in relevant part:
"The Developer has or shall construct piers and
appurtenant boat docks and boat slip facilities which
shall extend from Lot 15 and Lot 16 as shown on the map
of the subdivision.... The pier, appurtenant boat docks
and boat slip facilities shall be Restricted Community
Use Areas, the use of which shall be restricted to the
Owners of Lots 1 through 14 and the Owners of lots 35
through 52, saving and excepting the Owners of lots 38
and 41. The Board [of directors of the owners
association] shall have the authority for the assignment
of boat slips to the individual Owners and each owner of
the above-described lots shall have access to and use of
one boat slip in the Restricted Community Use Area... The
Board shall have all powers and obligations regarding the
Restricted Community Use Area as it has in administering,
operating and regulating and providing for the
maintenance of the Community Use Areas. ... The Owners
entitled to the use of the Restricted Community Use Areas

- 2 -
JUN 19 2000
are hereby granted and conveyed such rights a dC6'Lq,�77�7 ME
over, upon, and across such areas as are reeorra3x y—
necessary and appurtenant to the use and enjoyment of
said areas for the Owners, their families, guests and
invitees."
I also call your attention to Article 1 on page 2 under the
definition of "Community Use Areas." In the second paragraph is a
statement:
"The Developer and/or the Board may designate certain
Community Use Areas as Restricted Community Use Areas,
the enjoyment, benefit and use of which may be restricted
to certain designated Owners to the exclusion of other
Owners within the Subdivision. ... As of the date of this
Declaration, the Restricted Community Use Area consists
of the piers, boat slips, boat docks, wooden walkways,
and related appurtenances located upon and extending from
lots 15 and 16 on the recorded plat of the Subdivision."
In Article 3, paragraph A on page 4 is the statement with respect
to the purposes of Spooners Creek North Association, Inc.:
"To own, manage, maintain, and operate the Community Use
Areas, Restricted Community Use Areas, and facilities
located therein; to enforce the restrictions contained
herein; and to make and enforce rules, and regulations
governing the Owners' use and occupation of Lots,
Community Use Areas and Restricted Community Use Areas."
In Article 4 on page 5 is the statement:
"Management and administration of the affairs of the
Community Use Areas and the Restricted Community Use
Areas of the Subdivision shall be the sole right and
responsibility of the Corporation [the owners
association]."
The Burnham deed is expressly subject to the terms of the
Declaration. Please note in the deed the following restriction:
"The above described property is conveyed by GRANTORS and
accepted by GRANTEES subject to the covenants,
conditions, and restrictions appearing in those
restrictive covenants recorded in the office of the
Register of Deeds of Carteret County, North Carolina in
Book 523 at page 263 and is further subject to such
easements, restrictions, and rights of way as appear of
record in the Carteret County Registry."
The original developers were Ned T. Grady, George L. Edwards, Jr.,
Donald L. Henson, and their wives. The developers have told us

a�V
JUN 19 2000
- 3 -
that they were concerned about their ability to sell % M'J �: i$Taus
le
of the Declaration and the marina facilities they built in front_
the lot. As a result, they reduced the price of the lot on the
sale to the Burnhams in consideration of the fact that there was to
be no riparian rights.
I hope this information will clear any remaining obstacles for a
LAMA permit to the Owners Association so that they can reconfigure
the slips per their application.
Sin e ly,
n
Neil B. Whitfor ,
NBW:cmk
CC: Ms. Vicki Barwick

- - - - - - - - - - - - - - -
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MAN
Prepared by: Samuel A. MCConkey, Jr., Attorney
NGRTH CAROLINA
CARTERET -OUNTY
THIS WARRANTY DEED made and entered into this za—A'Lday
of June, 1987 by and between:
NED T. GRADY and wife FRANCES F. GRADY, and
GEORGE L. EDWARE'., JR. and wife LINDA J. EDWARDS,and
DONALD L. HE.SON and wife SANDRA L. HENSON.
(hereinafter "GRANTORS")
and
ELTON A. BURNHAM and wife LILIANE M. BURNHAM
6055 Yadkin Road
Fayetteville, North Carolina 28303
(hereinafter "GRANTEES")
The designation aT(ANTORS and GRANTEES as used herein
shall include said parties, their heirs, successors, legal
representatives and assigns and shall include sinEular,
plural, masculine, feminine or neuter as required by
context.
W I T :l B S S ETH:
That the GRANTORS, for a valuable consideration paid by
the GRANTEES, the receipt of which is hereby -acknowledged,
have and by these presents do grant, bargain, sell and
convey unto the GRANTEES in fee simple, all that certain
lot, tract or parcel of land si'tuated in Morehead Township,
Carteret County, North Carolina and more partieularly
described as follows:
BEING all of lot 16 of the Spooners Creek North
Subdivision, as per survey thereof by Richard
Marshall h Associates dated July "3, 198' as
recorded In Map Book 23 at Pages 5 and 5A ,
Carteret County Registry.
The above described property is conveyed by GANTORS
and accepted by GRANTEES subject to the covenants,
conditions and restrictions appearing In those restiictive
covenants recorded in the office of the Register of Deeds of
Carteret County, North Carolina in Book 523 at Page 263 and
is further subject to such easements , restrictions and
rights of way as appear of record in the Carteret County
Registry.
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COASTAL MANAGEI
NIOREH
TO HAVE AND TO HOLD the aforesaid lot, r
of land and all privileges and appurtenances thereto
belonging to the GRANTEES in fee simple.
And the GRAY -MRS covenants with the GRANTEES, that
GRANTORS are seized of the premises in fee simple, have the
right to convey the same in fee simple, that title is
marketable and free and clear of all encumbrances, and that
C ANTORS will warrant and ,'cnd the title against the
lawful claims of all persons whomsoever except for the
exceptions stated herein and as designated on the map
referred to above.
1N TESTIMONY WHEREOF, Ned T. Grady and wife Frances F.
Grady, anti George L. Edwards, Jr. and :cifc Linda J. Edwards,
and Donald L. Henson and -.wife Sandra L. Henson, the GRANTORS
herein, have signed this -instrument by hereunto setting
their hands and adopting as their seals the typewritten word
"SEAL" appearing beside their names this the day and year
first above written.
--���----"'%='/-- — (SEAL )
Ned T. Grady
Frances F. Gra
_1.
(SEAL)
Gr'orge L. Edwarc Jr.
l __
Linda Edwards
Donald L. Henson
(SEAL)
Sandra L. Henson I
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is v
JUN 19 2000
COASTAL MANAGEMEiTT
NORTH CAROLINA
CARTERET COUNTY
The undersigned Notary Public in and for said County
and State, do hereby certify that NED T. GRADY and wife
FRANCES F. CIRADY personally appeare(' before me this day and
acknowledged the due execution of the foregoing instrument
for the p—rposes stated therein.
Witness my hand and notarial seal, this the IQ_+� day
of June, 1987. _
c Notary Public
My Commission expires:
/0
NC..: H CAROLINA
CARTERET COUNTY
The undersigned Notary Public in and for *said County
and State, do hereby certify that GEORGE L. EDWARDS, JR and
wife LINDA J. EDWARDS personally appeared before me this day
and nrLrnnw1Pd?ed the due execution of the fore�7oIng

I -I;
u� JUN 19 2000
NORTH CAROLINA COASTAL MANAGEMENT
CARTERET COGNTY — MOREHEAD
The undersigned Notary Public in and for said County
and State, do hereby certify that DONALD L. HENSON and wife
SANDRA L. HENSON personally appeared 'before me this day and
acknowledged the due execution of the foregoing inst-:tment
for the purposes stated therein.
Witness hand and notarial seal, this the J.C–>t '__ day
of June, 1487
Notary Public
My Commission expires:
/a - 8cl_
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rl�'tV'*1�rk4'��it7�:a'`.�Yc1f 0•�i r2Hl •�w'•i' � '.i nl �. i 1� '� i`,�(; i '�n'n :4 i t", :C.
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i
JUN 1 9 2000
SPO0VZRS CRM
DECLARATION Of CONEIUiM, COND
THIS DECORATION, wade and entered into this th*22,
day of August, 1985, by and betwen NSD T. GRADY, DONALD L.
HENSON and GBORGZ L. EDNARDS, JA. (hereinafter referred to
collectively as the •Developer•)I and PNOSPSCTIVE PURCSASEU of
Lots in the hereinafter described subdivision, parties of the
second part (hereinafter referred to as 'owners')t
M I T N S S S S T H s
WHEREAS, Developer is the owner of all of that tract
of real property located in Morehead Township, Carteret County,
North Carolina, and being more particularly shown and described
on that certain subdivision plat entitled 'Spooner* Creek
North,• recorded in Map Book --;27g , at Page S_ , in the
office of 1 -he Register of Deeds of Carteret County, North
Carolina, reference to said plat being hereby specifically made
for a more particular description of said tracts and,
WHEREAS, Developer proposes to sell and convey certain
Lots shown on the aforesaid plat to be used for residential
purposes and to develop the subject property, and additional
property within the Development Area, into a well planned
conoxmityi and,
WHEREAS, Developer, prior to selling and conveying the
aforesaid residential Lots, desires to impose upon said tract
certain mutual and beneficial restrictions, covenants and
conditions and charges (hereinafter collectively referred .o as
'Restrictions') fcr the benefit and cowplewent of all of the
residential Lots in the subdivision in order to promote the best
interests and protect the investments of Developer and Owners
NOM, THEREFORE, Developer hereby declares that all
subdivided numbered Lots, saving and excepting Lot 15 and
Lot 31, shown on the aforesaid plat entitled •Spooners Creek
North," recorded in Map Book �_3 , at Page •. in the
`mak 5a3+� ac,3
rq

JUN 19 2000
office of the Register of Deeds of Cas{texwt COU'viti, !North
Carolina, and any additional property vithi-nttse—iievelopment
Area as may, by subsequent amendment, be added to and subjected
to this Declaration, are held and shall be held, conveyed,
encumbered, leased, rented, used, occupied and improved subject
to this Declaration and the following Restrictions. This
Declaration and all of the Restrictions shall run with the land
and shall be binding on all parties having or acquiring any
right, title or interest in and to the real property or any part
or parts thereof subject to such Restrictions.
ARTICLE 1
DEFINITIONS AS USED HEREIN
A. "Articles' means the Articles of Incorporation of
Spooners Creek North Association, Inc.
H. 'Corporation' means Spooners Creek Horth
Association, Inc., a North Carolina non-profit corporation. The
"Board of Directors" or 'Board" shall be the elected body
governing the Corporation and managing the affairs of the
Corporation.
C. 'Bylaws" means the Bylaws of Spooners Creek North
Association, Inc.
D. 'Community Use Areas" means all real and
personal property, including piers, boat docks, boat slips and
the existing boat launching ramp on Lot IS, together with those
areas within dedicated portions of the Development Area and the
Subdivision, which are deeded to or acquired by the Corporation
for the common enjoyment and uenefit of the members of the
Corporation, but shall not include all real and personal
property defined or designated as ;Restricted Community Use
Areas.
The Developer and/or the Board may designate certain
Community Use Areas as Restricted Community Use Areas, the
enjoyment, benefit and use of which may be restricted to certain
designated Owners to the exclusion of other Owners within the
Subdivision. The Owners enjoying the use and benefit of such
Restricted Community Use Areas shall pay, as a special
—mak .sem 2, 21 �a a (10 13

D
JUN 19 2000
f
4CSTAL MANAGEMENT
assessment, any and all assessment# CONNAMEAIVOn S" as may
be levied by the Board for the pnrp3iaq and
operating said Restricted Community Use Areas. As of the date
of this Declaration, the Restricted Coe unity Use Area consists
of the piers, boat slips, boat docks, wooden walkways and
related appurtenances located upon and extending from Lots iS
and 16 on the recorded plat of the Subdivision.
The streets as shown on the recorded plat of the
Subdivision shall be Community Use Areas until such time as the
responsibility for the maintenance of which may have been
delegated to the appropriate governmental authority.
The bulkheads installed by the Developer along all
Lots abutting Spooners Creek and unnamed waterways shall not be
■ Community Use Areas. The ownership of and responsibility for
maintenance of said bulkheads shall be that of the individual
Owner upon whose Lot said bulkhead is situated.
a. -Common Expenses' means and includes the actual
and estimated expenses of maintaining and operating the
Commurity Use Ureas and operating the Corporation for general
purposes, including any reasonable reserve, all as may be found
to be necessary and appropriate by the board of Directors
pursuant to this Declaration, the By-laws and the Articles of
3 Incorporation of the Corporation.
e
F. "Dedication* means the act of committing a
portion of the Development Area or the Subdivision to the
purposes of these Restrictions.
G. •Developer' means rigid T. Grady, Donald L. Henson
E and George L. Edwards, Jr., their heirs, successors or assigns
or any legal entity acquiring owiership of portions of the
Development Area heretofore not dedicated with the intent and
f for the purpose of further development.
l S. "Development Area• shall mean that property
conveyed to the Devel.;per by deed recorded in Book 677, Page 6
in the Office of the Register of Deeds of Carteret County, north
Carotin.
I. •Lot' means a separately numbered tract of land
lying within the Subdivision or other dedicated portion of the
Development Area. No tract of land shall become a •Lot• as that
word is used herein until the area on which the same ii located
is 'dedicated'. The Owner of all of a numbered Lot may combine
such numbered Lot with part ur parts of another such numbered
Lot and the aggregate shall be considered as one Lot for the
purpose of these Restrictions.
�,�
5a,3 3 �b.1� 6; a 63

JUN 19 2000
Each Lot adjacent to Spoons •� N "si chat
property lying within the extension o -.the. - _.11nea of
each such Lot, along the sane course of the side lines of said
Lot, to the mean high water line of Spooner■ Creep and the
conveyance of a Lot shall be deemed to include said property.
J. "Subdivision' means Spooner* Creek north and any
portion of the Development Area which has been dedicated
pursuant to this Declaration.
ARTICLE 2
APPLIC"ILITY
These Restrictions shall apply to all subdivided
numbered Lots shown on the aforesaid plat or map, and additional
plats or maps of subdivisions of the Development Area,
(hereafter referred to as 'Lot' or 'Lots•), which Lots are for
residential purposes only, saving and excepting Lot 15 and
Lot 34. These Restrictions shall not be applicable to any
unnumbered lands or other lands of Developer.
ARTICLE 3
SPOONERS CREEK NORTH ASSOCIATION, INC.
A. A Corporation named Spooners Creek North
Association, Inc. has been formed pursuant to the rules and
requirements of the Nonprofit Corporation Act (Chapter 55A) of
the General Statutes of North Carolina as an association of the
Owners of Lots. Its purposes are to own, manage, maintain, and
operate the Community Use Areas, Restricted Community Use Areas
and facilities located therein; to enforce the restrictions
contained herein; and to make and enforce rules and regulations
governing the owners' use and occupation of Lots, Community Use
Areas and Restricted Community Use Areas.
S. Each Owner of each Lot within the Subdivision
shall be a member of the Corporation. The Declarant, by this
Declaration, and the Owners of individual Lots by their
acceptance of individual deeds .hereto, covenant and agree with
respect to the Corporation:
1. That for so long as each is an Owner of a
Lot within the Subdivision, each will perform all acts necessary
to remain in good and current standing as a member of the
Corporation;
2. That each shall be subject to the rules and
regulations of the Corporation with regard to ownership of a
Lot; and
J-� 3 4 13-Y �,l (0J

D
JUN n2000
COASTA.LMANAGEMENT
3. That any Unpaid lassessment, whotber general
or special, levied by the Corporation in aaoordasce with tbsee
Restrictions, the Articles or the Eylea+ shall be a lies Upon
the Lot upon which such assessment was levied, and shall be the
personal obligation of the Owner of the Lot at the time the
assessment fell due.
C. each= membership in the Coxyosation shall relate
to and have a unity of interest with an individual Lot whiah may
not be separated fret ownership of said Lot.
D. The Corporation shall have one class of members
who shall be all owners. Each member shall be entitled to one
vote for each Lot owned; provided, however, when more than one
person holds an interest in any Lot, all such persons shall be
members and, the vote for such Lot shall be exercised as they,
among themselves, determine, but in no event shall more than one
vote or any fraction of a vote be cast with respect to any Lot.
ARTICLE 4
MANAGEMENT AND ADM.INISVIA TION
The management and administration of the affairs of
the Community Use Areas and the Restricted Community Use Areas
of the Subdivision shall be the sole right and responsibility of
the Corporation. The management shall be carried out in
accordance with the terms and conditions of these Restrictions,
tha Articles and the Bylaws of the Corporation, but may be
delegated or contracted to managers or management services.
ARTICLE S
COHWH EXPZIU E8
The Common Expenses of the Subdivision include:
A. All amounts expended by the Corporation in
operating, administering, managing, repairing, replacing and
improving the Community Use Areas of the Subdivisions all
amounts expended by the Corporation in insuring the Community
Use Areas in the Subdivisions all amounts expended by the
Corporation in legal, engineering, or architectural feeas all
similar fees which may be incurred by the Corporation from time
to time in performing the functions delegated to the Corporation
by these Restrictions; and all amounts expended in any form by
the Corporation in enforcing these Restrictions, the Articles or
the Bylaws.
S

SUM i zoom
L__.-6�L—�nw.
B. All amounts expended STI !lE4R1Jporat n in
carrying out any duty or discretion ae- required or
allowed by these Restrictions, the Articles or the Bylaws.
C. All amounts declared to be Common Expeneee In the
Bylaws or in these Restrictions.
D. All taxes and special assessments which may be
levied from time to time by any governmental authority upon the
Community Use Areas in the Subdivision.
ARTICLE 6
ANNUAL G=ZRAL ASSESSNM
A. The Declarant for each Lot owned, hereby
covenants and each Owner of any Lot by acceptance of a deed for
sane (whether or not it shall be so -expressed in such deed) is
deemed to covenant and agrees to pay to the Corporation annual
general assessments or charges as hereinafter provided. The
annual general assessments, together with interest, costs and
reasonable attorneys' fees, shall be a charge and lien on the
land and, subject to the provisions of Paragraph t of this
Article, shall be a continuing lien upon the Lot against which
each such assessment is made. Ynrthermore, each such
assessment, together with interest, costs, and reasonable
attorneys' fees, shall also be the personal obligation of the
person who was the Ownar of the Lot at the time when the
assessment fell due. The personal obligation for delinquent
assessments shall not pass to a successor in title to a Lot
unless expressly assumed by them but, subject to the provisions
of this Declaration, delinquent assessments shall continue to be
a lien upon such Lot.
B. Until September 1 of the year immediately
following the conveyance of the first Lot to an Owner, the
maximum annual general assessment ehall be One Hundred and
No/100 Dollars ($100.00) per Lot.
1. From and after September 1 of the year
immediately following the conveyance of the first Lot to an
Owner, the maximus annual general assessment may be increased
each yaar not more than ten percent (100) above the assessment
for the previous year without any vote of the membership.
2. From and after September 1 of the year
immediately following the conveyance of the first Lot to an
Owner, the maximum annual general assessment may be increased by
an amount greater than ten percent (10%) of the assessment for
6

�o
I
JUN 19 2000
the previous year provided the proposed inaftub is approtrd br
a vote of two-thirds (2/3) of the msmbe=s_Ab an toting_ in
person or by a proxy at a meeting duly called for this purpose.
3. The Board of Directors may fix the annual
general assessment at an amount not in excess of the maximum.
4. Once the annual general assessslsut has been
set, notice of the annual general assossaent shall be given to
all members. After the initial notice of the assessment, the
assessmnt shall become due and payable as provided by the Board
of Directors.
C. Written notice of any meting called for the
+ purpose of taking any action authorised under Paragraph B(2)
shall be sent to all members not less than thirty (30) days, nor
more than sixty (60) days in advance of the meeting. At the
first such meeting called, the presence of members or of proxies
j entitled to cast fifty-one percent (51%) of all the votes of the
ne�bership shall constitute a quorum. If the required quorum is
not present, another meeting may be casted subject to the saes
notice requirement, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quoruts at the
preceding meting. No such subsequent Boating shall be held
1 more than sixty (60) days following the preceding meeting.
D. The annual general assessments levied by the
Corporation shall be used exclusively to improve, maintain and
repair the Community Use Areas, to pay the expenses of the
Corporation, to pay the cost of lighting the Community Use
Areas, to pay the cost of any insurance the Corporation
determines to purchase and to promote the recreation, health,
safety and welfare of the mabers and to pay taxes levied upon
the Community Use Areas.
E. The Corporation shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of
the Corporation setting forth whether the assessments on a
specified Lot have boon paid. A properly executed certificate
of the Corporation as to the status of assessments on a Lot is
binding upon the Corporation as of the date of its issuance but
shall not extinguish judgments on liens of public record.
P. The lien of the assessments provided for herein
shall be subordinate to the lien of any first mortgage. The
sale or transfer of any Lot shall not affect the dssessmant
lien.
However, the sale or transfer of any Lot pursuant to
foreclosure of a first mortgage or any proceeding in lien
`mak, 5� -�' 7 ��5� a(.3

D
JUN 1 9 2000
COASTAL MANAGEMENT
Ma, r- :-p.�
therefor, shall extinguish the lien o $uch ssessments as to
payments which became due prior to such sale or transfer. No
sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof.
ARTICLE 7
SPECIAL ASSESSMENTS
A. Special assessments may be levied against Owners
for such reasons as are provided in these Restrictions, the
Articles or the Bylaws and on such terms as provided by the
Board of Directors or the members. The Board of Directors may
levy and impose special assessments upon a majority vote. The
purposes for which special assessments may be levied include,
but are not limited to, providing funds to pay Common Expenses
which exceed the general assessment fund then on hand to pay
same and providing a contingency fund for capital improvements
and extraordinary expenses. Furthermore, special assessments
may be assessed against specific Lots. In the event the Owner
of a Lot fails to comply with the provisions of Article 12
hereof, the Corporation may perform such task or remedy such
matter and levy the cost of such performance against the Owner
of such Lot and such Lot as a special assessment.
B. Special Assessments shall be levied against the
Owners of Lots who are entitled to the use and enjoyment of
Restricted Community use Areas. Such special assessments shall
be levied without any vote of the Board of Directors, the
purposes of said special assessments to be the same, as regards
the Restricted Community Use Areas, as the p+irposes of
assessments for Community Use Areas. Special Assessments levied
against Owners under this subparagraph B shall be subject to the
same requirements as Annual General Assessments as set forth in
Article 6, Paragraphs E and F.
ARTICLE 8
LIEN FOR ASSESSMENTS
Any general or special assessment, if not paid within
thirty (30) days after the date such assessment is due, together
with interest at the rate of ten percent (10%) per annum, costs
of collection, court costs, and reasonable attorneys fees shall
constitute a lien against the Lot upon which such assessment is
levied. The Corporation may record notice of the same in the
Office of the Clerk of Superior Court of Carteret County or file
a suit to collect such delinquent assessments and charges. The
Corporation may file Notice of Lis Pendens, bring an action at
law against the Owner personal=y OF gated to pay the same
_D

3
JUN 1 9 2000
ENT
MOREHEA.______J
and/or bring an action foreclose the 1i4W- ga nit -'the property.
No Owner may waive or otherwise escape liability for the
assessments provided for herein.
ARTICLE 9
COMPLIANCE WITH THIS DECLARATION, THE ARTICLES
AND THE BYLAWS Ot THE CORPORATION
In the case of failure of a Lot Owner to comply with
the terms and provisions contained in this Declaration, the
Articles or the Bylawe of the Corporation, the following relief
shall be availablet
A. The Corporation, an aggrieved Lot Owner or Owners
within the Subdivision on behalf of the Corporation, or any Lot
Owner on behalf of all the Lot Owners within the Subdivision
shall have the right to bring an action and recover sums due,
damages, injunctive relief, and/or such other and further relief
as may be just and appropriate.
B. The Corporation shall have the right to remedy
the violation and assess the costs of remedying same against the
offending Lot Owner as a special assessment.
C. If the violation is the nonpayment of any general
or special assessment, the Corporation shall have the right to
suspend the offending Owner's voting rights and the use by such
Owner, his agents, employees and invitees of the Comwunity Use
Areas in the Subdivision for any period during which an
assessment against the Lot remains unpaid.
D. The remedies provided by this Article are
cumulative, and are in addition to any other remedies provided
by law.
E. The failure of the Corporation or any person to
enforce any restriction contained in these Restrictions, the
A=ticlas or the Bylaws shall not be deemed to waive the right to
enforce such restrictions thereafter as to the same violation or
sut-sequent violation of similar character.
Prior to availing itself of the relief specified
herein, the Corporation shall follow the hearing procedures as
set forth in the Bylaws.
9

F;.
nni
U`.
JUN 1 9 2000
ARTICLE 10 COASTAL P l?.N/W!FVFNT
�v1 r
PROPERTY RICHTS OF LOT OWNER, C1tOss—'E7tSOMTS,
AND EXCEPTIONS AND RESERVATIONS BY DECLARAXT
A. Every Owner of a Lot within the Subdivision, as
an appurtenance to such Lot, shall have a perpetual easement
over and upon the Community Use Areas within the Subdivision for
each and every purpose or use to which such Community Use Areas
were intended as determined by their type, or for which such
Community Use Areas generally are used. Such easements shall be
appurtenant to and shall pass with the title to every Lot
located within the Subdivision, whether or not specifically
included in a deed thereto, subject to the following provisions:
1. The Corporation shall have the right to make
reasonable rules and regulations respecting the use of same.
2. The Corporation shall have the right to
suspend the voting rights of a Lot Owner and his right to use
the Community Use Areas within the Subdivision for any period
during which any due assessment against such Owner's Lot remains
unpaid as is provided in Article 9 hereof, and for a period not
to exceed sixty (60) days for any infraction of its published
Rules and Regulations.
3. The Corporation shall have the right to
charge reasonable admission and other fees for the use of any
recreation facility situated upon the Community Use Areas.
B. The Corporation hereinafter may grant easements
for utility purposes for the benefit of the Subdivision and the
Lots now or hereafter located thereon, over, under, along and
through the Community Use Areas. Provided, however, that no
such grant of easement shall have a mail adverse effect on
the use, enjoyment or value of any Lot.
C. Any Owner may delegate, in accordance with the
Bylaws, his right of enjoyment to the Commtunity Areas and
facilities to the members of his family, his tenants, or
contract purchasers who reside on the property.
D. Developer shall have the right, at its election,
without the consent of any Owner or Owners, to bring within the
coverage and operation of these Restrictions additional
properties within the Development Area as may be devbloped in
the future. The addition to property authorised hereby shall be
made by filing of record in the Office of the Register of Deeds
of Carteret County, North Carolina, a Supplementary Declaration
�� 5�3 10 �-A3e QGa

D
JUN 19 2000
cf Covenants, Conditions and Restrictions=Deccia'i'ation
spect to the
additional property which shall extend theOn and effect
of the covenants and restrictions of this -- to such
additional property. The Supplementary Declaration may contain
such complementary additions and modifications of the covenants
and restrictions contained in this Declaration as may be
necessary or appropriate in the sole judgement of the Developer
to reflect the different character, if any, of the added
properties and as are not inconsistent with the plan, intent and
spirit of this Declaration.
N. Easements and rights of way over and upon each
Lot for drainage and the installation and maintenance of
utilities and services are reserved exclusively to Developer for
such purposes as Developer my deem incident and appropriate to
its overall development plan, such easements and rights of way
being shown or noted on the aforesaid recorded plat of the
Subdivision, which plat is incorporated by reference and made a
part hereof for a more particular description of such
easements and rights of way. The easements and rights of way
areas reserved by Developer on each Lot pursuant hereto shall be
maintained continuously by the Owner but no structures,
plantings or other material shall be placed or permitted to
remain upon such areas or other activities undertaken thereon
which may damage or interfere with the installation or
maintenance of utilities or other services, or which may retard,
obstruct or reverse the flow of water or which may damage or
interfere with established slope ratios or create erosion
problems. Improvements within such areas also shall be
maintained by the respective owner except those for which a
public authority or utility company is responsible.
F. The rights of the use of utility and service
easements and right of way areas as provided and defined herein
for any type of cable transmission system is reserved
exclusively to Developer, and no other cable transmissions
service company or organisation shall be permitted to service
any Lot or combination of Lots except with the expressed
permission of Developb=.
G. The De✓eloper reserves the right to subject the
property in the Subdivision to a contract with Carolina Power i
Light Company for the installation of underground electric
cables which may require an initial contribution and/or the
installation of street lighting which will require a continuing
monthly payment to Carolina Power i Light Company. The cost of
maintaining street lighting facilities shall be considered as
part of the common expenses of the Corporation.

ARTTCLE 11
ARCHITECTURAL STANDARDS
ARCHITECTURAL STANDARDS COMITTEE
The Board of Directors shall establish an
Architectural Standards Committee (hereinafter referred to as
the *Committees) which shall be composed of five (5) members.
The Board of Directors shall have the right to appoint and
remove, at any time and without cause, three (3) members. The
Developer shall have the right to appoint and remove two (2)
members of the Committee so long as the Developer continues to
own any portion of the Development Area. At such time as the
Developer no longer owns any portion of Development Area, or
upon notification by the Developer to the Board of Directors
that it does not desire to continue to appoint two (2) mcmbers
of the Committee, all five (5) members shall be appointed or
removed, at any time and without cause, by the Board of
Directors.
A. No construction, which term shall include within
its definition clearing, excavation, grading and other site
work, shall take place except in strict compliance with this
Article, until the requirements thereof have been fully met, and
until the approval of the Cowittee has been obtained.
B. The Committee shall have exclusive jurisdiction
over all original construction on any Lot and later changes or
additions after initial approval thereof together with any
modifications, additions or alterations subsequently to be
constructed on any Lot or made to any improvements initially
approved. The Comimittee shall prepare and, on behalf of the
Board of Directors, shall promulgate architectural standard
guidelines ('quidelines') and application and review procedures
('procedures'). The guidelines and procedures st-.all be those of
the Corporation and the Committee shall have the sole and full
authority to prepare and to amend the guidelines and procedures.
The Commaittee shall make the guidelines and procedures available
to Owners, builders and developers who seek to engage in the
development of or construction upon the Lots and who shall
conduct their operations strictly in accordance tLerewith.
C. The Comsmittee shall have the absolute and
exclusive right to disapprove any plans, specifications or
details submitted to it in the event the sane are not in
accordance with any of the provisions of these Restrictions and
th" guidelines; if the design, color scheme or location upon the
Lot or Lots of the proposed improvements are not in harmony with
the general surroundings or adjacent structures; if the plans or
12

• DECHVE
JUN 1 9 2000
specifications submitted are incoapletet ,ar -iq tM event
Committee deems the plans, specifications or Aitii 1, or any part
thereof, to be contrary to thebest interestar--re are.or`rights
of all or any part of the real property subject to this
Declaration or the owners thereof.
D. The Committee shall approve or disapprove plans,
specifications and details submitted in accordance with its
procedures within thirty (30) days from the receipt thereof and
the decisions of the Committee shall be final and not subject to
appeal or review. Provided, however, that plans, specifications
and details revised in accordance with Committee recommendations
may be resubmitted for determination by the Comittes. in the
event that the Committee fails to approve or disapprove plans,
specifications and details within thirty (30) days after
submission of the same to the Committee, approval, for the
purposes of this Article, shall be deem to have been given by
the Commsittee.
Z. The Committee, or its agent, shall have the right
to inspect all construction to ensure that it is performed in
strict accordance with the approved plans, specifications and
details. Upon completion of the construction in accordance with
the approved plans, specifications and details, and upon request
by the Owner, the Committee shall issue a certificate of
completion to the Owner.
!. Nothing contained herein shall be construed to
limit the right of an Owner to remodel the interior of his
residence or permitted pertinnat structures, or to paint the
interior of the same any color desired.
G. Neither the Developer nor the Committee nor the
Board of Directors or any architecture or agent thereof shall be
responsible in any way for any defects in plans, specifications
or details submitted, revised or approved in accordance with the
provisions contained herein or in the guidelines, nor for any
structural or other defect in any construction.
B. The requirements of this Article shall not
constitute a lien or encumbrance on any Lot on wrich
construction is completed, and any subsequent purchaser thereof
for value without notice tMreof is in no way affected by the
failure of his predecessors in title to comply with the terms
hereof. The requirements of this Article shall not apply to the
Developer with regard to original erection or construction of a
dwelling on a Lot.
13

JUN 19 2000
AR?:CLX 12
RESTRICTIONS ON USE AND OCCUPANCY MOREHEAD
A. No Lot shall be used except for single family
residential purposes. No structure shall be erected, placed or
permitted to remain on less than a numbered Lot other than one
(1) detached, single family residence dwelling and such
outbuildings as are usually accessory to a single family
residence dwelling, including a private enclosed garage with
space for not more than three (3) automobiles and a second story
for guests and/or servants quarters which garage shall not be
rented separately for remuneration. Unenclosed carports, or
similar storage structures, shall not be erected, placed or
permitted to remain on any Lot.
B. Any dwelling constructed on a Lot subject to
these Restrictions shall contain not less than two thousand
(2000) square feet of fully enclosed and heated floor area
devoted to living purposes (exclusive of roofed or unroofed
porches, terraces, garages and any outbuildings).
C. No above -grade structure (except approved fences
or walls) may be constructed or placed on any Lot except within
the minimum building setback lines as designated and noted on
the recorded plat of Spooners Creek North.
No water supply well providing water for human
consumption shall be located within (i) fifty (50) feet of
collection lines and force mains utilized for the collection and
distribution of waste water and sewage to the swage treatment
facility; (ii) one hundred (100) feet of waste water pumping
stations and the waste water treatment plant comprising a part
of the sewage treatment facility] and (iii) two hundred (200)
feet of the low-pressure pipe distribution system and repair
area constituting a portion of the sewage treatment facility.
An Owner of a Lot and a portion or all of an adjoining
and contiguous Lot or Lots may construct a dwelling and/or other
structures permitted hereunder upon and across the dividing line
of such adjoining and contiguous Lots, all such structures to
comply with the minimum building setback lines from the actual
boundary lines of the subject owner's property, and thereafter
such combinations of Lots or portions thereof shall be treated
for all purposes under these Restrijtions as a single Lot.
D. The design, size and location of containers for
the collection and removal of garbage, trash and other like
Q(.3
14

household refuse shall be subject to
approval of the Committee.
- - 3
H -E -
JUN 1 9 2000 1
e J
and; sliCl: , , r'quizdENtftW
ti. 1D
E. The following generul prohibitions and
requirements shall apply and control the improvement,
maintenance and use of all Lots:
1. No mobile home, trailer, camper, tent, or
teV:>Orary house, temporary garage or other temporary outbuilding
shall be placed or erected on any Lot, provided, however, that
the Committee may grant permission for temporary structures for
storage of materials during construction. No such temporary
structure as may be approved shall be used at; any time as a
residence.
2. Once construction of a dwelling or other
improvements is started on any Lot, the improvements must be
substantially completed in accordance with the approved plans
and specifications within twelve (12) months from comimencement.
3. During construction of improvements on any
Lot, adequate portable sanitary toilets must be provided for the
construction crew and the Lot must be cleaned of excess debris
at least once a week.
4. All dwellings and permitted structures
erected or placed on any Lot shall be constructed of material of
good grade, quality and appearance, and all construction shall
be performed in good workmanship manner and quality. The
exterior of all dwellings and permitted structures shall be
either natural wood, stone or brick. No used structures shall
be relocated or placed on any Lot and no structures shall have
an exterior constructed of concrete blocks, asbestos or asphalt
siding. Any permitted outbuilding shall be of the same
material, quality, general appearance and workmanship as the
dwelling on the Lot. The requirements of the Committee shall
control all improvements to any Lot as is therein specified.
S. Except structures erected by the Developer,
no structure erected upon any Lot may be used as a model exhibit
or house unless prior w--itten permission to do so shall have
been obtained from the Committee.
6. All Lots, whether occupied or unoccupied,
shall be well maintained and no unattractive growth or
accumulation of rubbish or debris shall be permitted.
7. No trash, ashes, garbage or other refuse
shall be dumped or stored or accumulated on any Lot or other
area in the subdivision.
15 V

JUN 19 2000
8. Any dwelling orovssient o.r f
is destroyed in whole or in part by fire or otheCa4vW ty =`
be rebuilt or all debris removed and the Lot restored toter"
sightly condition with reasonable prospttass, provided, however,
that in no event shall such debris remain on such Lot longer
than three (3) months.
9. No stripped, partially wrecked, or junked
motor vehicle, or part thereof, shall be permitted to be parked
or kept on any Lot. All motor vehicles of any type kept on any
Lot shall have current registration and inspection certificates.
10. No truck nor other vehicle Ln excess of a
one -ton load capacity nor any mobile hosts, trailer, camper,
similar vehicle or boat shall be parked or kept overnight or
longer, on any Lot, in such a manner as to be visible to the
occupants of other Lots or the users of any street or recreation
area.
11. All fuel storage tanks shall be buried below
the surface of the ground and all outdoor receptacles for ashes,
trash, rubbish or garbage shall be installed underground,
screened or so placed and kept as not to be visible to the
occupants of other Lots or the users of any street or recreation
area.
12. All outdoor poles, clotheslines and similar
equipment shall be screened or so placed as not to be visible to
the occupants of other Lots or the users of any street or
recreation area.
4.
13. A11 recreational equipment and personal
Property other than automobiles or bicycles must be stored in
such a manner as not to be visible from any street or to the
occupants of other Lots.
14. No sail or paper box or other receptacle of
any kind for use in the delivery of sail or newspapers or
magazines or similar material shall be erected or located upon
any Lot except such receptacle of standard design as shall have
been approved by the Committee.
15. No sign (wxcluding typical •Por Sale" and
builder identif+.cation signs or similar signs), billboard or
other advertising structure of any kind may be erected or
saintsined upon any Lott provided, however, that construction
identification signs approved by. the Cos=ittes show:uq the Lot
number and name of the builder may be exhibited upon the Lot
during the period of construction.
16

;4.
L!
JUN 19 2000
CFo_
OASTAL MANAGEMENT
16. No radio station or bo ^n FHEAD _
any kind shall operate from any Lot or roe am Without the
prior written approval of the Committee. All radio and
television antenna or reception facilities and installations
shall be approved in writing by the Committee beforr, the antenna
is installed.
17. All dwelling connections for all utilities
including but not limited to, water, electricity, gas, telephone
and television shall be run underground from the proper
connecting points to the dwelling structure in such wanner as
may be acceptable to the appropriate utility authority.
18. No animals, livestock or poultry of any kind
shall be raised, bred or kept on any Lot, except that dogs, cats
or other household pets in a reasonable number may be kept
provided they are not sept, bred or saintained 'or any
commercial purpose, and provided, further, that such pets do not
constitute a danger or nuisance to other Lot owners or to the
neighborhood.
19. The erection of fences shall require
approval of the Committee as provided in Article 11 hereof but
no fence shall be erected along the front line of any Lot nor
1 aloLq the side line of any Lot that adjoins a street except a
split -rail, wooden fence of not more than two (2) horizontal
rails. So fence of chain link type construction or in excess of
t four feet in height shall be approved by the Committee, except
that the Committee, in its sole discretion, may approve fences
of chain link construction up to six feet in height for the
purpose of confining pets provided sass does not extend more
than twaty-five (25) feet in any direction and is constructed
within the minimum building setback lines.
20. Entrances ti enclosed garages may face in
any direction provided that all such garages shall have a door
cr doors that completely close off the garage entrance and such
door or doors shall remain completely closed except during
periods of actual use of such garage entrance.
21. No window air-conditioning units shall be
installed in the side of any structure in such manner as to be
visible from any street or recreational area.
22. No noxious, offensive or illegal .trade or
activity shall be carried on upon any Lot -or shall anything be
done on any Lot that shall be or become an unreasonable
annoyance or nuisance to ot-%ar Lot owners or the neighborhood.
17
P11
t.

JUN 19 2000
ARTICLE 13
COASTALMANAGEMENT
AKEENITIES AND FACILI 1. M0RFHEAD.,. _ __,_,
Subject to the conditions and provisions of this
Declaration, all recreation areas, recreation facilities, waste
water treatment facilities, pumping station and other amenities
appurtenant to the Subdivision, excepting the streets as shown
on the recorded plat of Spooners Creek North, whether or not
shown and delineated on any recorded plat of the Subdivision,
shall be considered private and f,,r the sole and exclusive use
of the Owners of Lots within the Subdivision. Neither
Developer's execution nor the recording of any plat nor any
other act of Developer with respect to such areas is, or is
intended to be, or shall be construed as a dedication to the
public of any such areas, facilities or amenities.
ARTICLE 14
PIER AND BOAT DOCXING FACILITIES
The Developer has or shall construct piers and
appurtenant boat docks and boat slip facilities which shall
extend from Lot 15 and Lot 16 as shown on the sap of ti,e
Subdivision. The pier, appurtenant boat dock and boat slip
facilities shall be Restricted Community Use Areas, the use of
which shall be restricted to the Owners of Lots 1 through 14 and
the Owners of Lots 35 through 52, saving and excepting the
Owners of Lots 38 and 41. The Board shall have the au::hority
for the assignment of boat slips to the individual Owners and
each Owner of the above-described Lots shall have access to and
use of one bc,at s.ip in the Restricted Community Use Area. Any
Owner may assign the use of his assigned boat slip to any other
Lot Owner within the Subdivision. So such assignment of a boat
slip, nor the failure to use a boat slip, shall relieve the
original owner assigned the use of said boat slip from the
obligation to pay special assessments as provided herein. The
Board shall have all powers and obligations regarding the
Restricted Community Use Areas as it has in administrating,
operating and regulating and providing for the maintenance of
the Comumnity Use Areas. Expenses for the operation and
maintenance of the Restricted Community Use Areas shall be
levied by the Board as a special assessment agsinst the Owners
who are entitled to the use of such areas. The Owners entitled
to the use of the Restricted Community Use Areas a;a hereby
granted and conveyed such rights and easements over, upon and
across such areas as are reasonably necessary and appurtenant to
tha use and enjoyment of said areas for the Owners, their
families, quests and invitees.
i . Y. ac.3
18

H-ECHVE
JUN 19 2000
TICLE 1S, COASTALMANAGEMENT
WAIVER ! MOREHEAD
No provision contained in these Restrictions, the
Articles or the Bylaws, shall be deemed to have been waived,
abandoned, or abrogated by reason of failure to enforce thea on
the part of any Person as to the same or similar future
violations, no matter how often the failure to enforce is
repeated.
ARTICLE 16
VARIANCES
The Board of Directors in its discretion may allow
reasonable variances and adjustments of these Restrictions in
order to alleviate practical difficulties and hardship in their
enforcement and operation. Any such variances shall not violate
the spirit or the intent of this document to create a
Subdivision of Lots owned in fee by various Persons with each
such Owner having an easement upon areas owned by the
Corporation.
To be effective, a variance hereunder shall be
recorded in the Carteret County Register of Deeds Office; shall
be executed on behalf of the Corporation; and shall refer
specifically to this Declaration.
ARTICLE 17
DURATION, AKEMDIXMT AND TZRKIMATIOM
A. The covenants and Restrictions contained in this
Declaration shall r -an with and hind the land for a term of
twenty (20) years from the date this Declaration is recorded,
after which time, they shall be automatically extended for
successive periods of one (1) year. This Declaration may be
amended in full or part during the first twenty (20) year period
by an instrument signed by not less than ninety percent (90%) of
the Lot Owners, and thereafter by an instrument signed by not
less than seventy-five percent (75t) of the Lot Owners provided,
that no amendment shall alter any obligation to pay Common
Expenses to benefit the Community Use Areas, as herein provided,
or affect any lien for the payment of same. To be effective any
amendment must be rezorded in the office of the Register or
Deeds of Carteret County, North Carolina and a marginal entry of
same must ba signified on the face of this document.
19 b

4
s a. Invalidation of aoyJ Q -Id'l ! a *enanta or
Restrictions by judgment or overt order shall in na way affect
any other provisions which shat;HSM",A# A111 force and
effect.
ARTICLi It
CAPTIONS
The captions preceding the various Articles of these
Restrictions are for the convenience of reference only, and
shall not be used as an aid in interpretation or construction of
these Restrictions. As used herein, the singular includes the
plural and'where there is more than one Owner of a Lot, said
Owners are jointly and severally liable for the obligations
herein imposed. Throughout this Declaration, references to the
masculine shall be deemed to include the feminine, the feminine
to include the masculine and the neuter to include the masculine
and feminine.
I .i ARTICLE 19
ASSIGUABILITY Ot RIGBTS AND LIABILITIES
f Developer shall have the right to sell, lease,
transfer, assign, license and in any manner alienate or dispose
of any rights, intorests and liabilities retained, accruing or
t reserved to it by this Declaration. following any such
disposition, Developer in no way shall be liable or responsible
to any party with regard to any such right, interest or
liability or any claim or claims arising out of same in any
manner.
ARTICLE 20
LIBERAL CONSTRUCTION
The provisions of this Declaration shall be construed
liberally to effectuate its purpose of creating a Subdivision of
fee simple ownership of Lots and buildings governed ar_d
controlled by rules, regulations, restrictions, covenants,
conditions, reservations and easements administered by an
Owners' association with each )caner entitled to and burdened
with the rights and easemnts equivalent to those of other
Owners.
IN TESTIMONY WHEREOF, lied T. Grady, Donald L. Henson
and George L. Edwards, Jr. have hereunto not their rands and
adopted as their seals the typewritten word 'SEAL" appearing
beside their names this the day and year first above written.
5�'3 20

r v
01
1WHAIG L. MenMn
(SEAL)
Geor"'L. 34W&rds, Jr.j'
STATE Of VQRrH CAMOLM
COUVW Or
11 :Xk Ce i4ki a Notary
Public In and for said County and 5t&tG,d0—voreby certify
that WED T. GVADY personally appeared before see this day and
acknowledged the due execution of the foregoinq instrment.
WMUM my hand and notarial seal, this the
day of 1985.
$r ........
J
Ky Commission expires: %
STATS or mom cAwLzxA
COUN!" or
a Notary
public in ldiltor saJLd County ander . &T-Siraby certify
that DONALD L. BENSON personally appeared before = this day and
acknowledged the due execution of the for*qoinq instr=ent.
J=
WITNESS my
day of (Dk%A&A.
%J
My Comission expires:
hand and notarial seal, this theme
1985.

.. �t'� � ".'A•T.44j
� av
Ik
'JUN 9 2800
GEMENT Y
rebyy ceertif
befare ss this
for
instru-
the _2& day
as public are
presented for
corded in the
County, North
985, at
s
STATZ Or NOM CAROLINA
cowry OF L -&-.:Ir
I LOASTAL'vi.ANP,
MOREHEAr
Public in and or sold
that GWS= L. IONAMS, J1. personally a�p�eued
day and acknowledged the due executiaa of t1�e fo
Gent.
of MI'r�R88,my98hand and notarial seal, this
my Commission expires:
L -1n-89
Lai
Q
STATS 0! CAROLIM
COUNry or CARTUMT
The ates of Notar
certified to D foregoing
c orreect.« This c instrumn was
registration this day and hour and duly re
office of the i r of of Carteret
Carolina, in Sm . page
This �� day of 1
o'clock $.II.
s oz Deed
84-0032
16DPS
t
V
22

6JVN 1 9 J000
FIRST AMENDMENT TO SPOONF.FS CREEK.-NORTt!__
1 COASTAL MAI
DECLARATION OF COVENANTS, CONDIT1WREI`
AND RESTRICTIONS
THIS FIRST AMENDMENT TO SPOONERS CREEK NORTH
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
(hereinafter "First Amendment") made and entered into effective
the 1st day of August, 1987;
W I T N E S S E T H:
WHEREAS, the property more particularly shown and
described on that certain subdivision plat entitled "Spooners
Creek North," recorded in Map Book 23, at Pages 5 and 5A, in the
office of the Register of Deeds of Carteret County, North
i
Carolina, is subject to a certain Declaration of Covenants,
Conditions and Restrictions ("Declaration") which is recorded in
Book 523, at Page 263 in the office of the Register of Deeds of
Carteret County, North Carolina; and,
WHEREAS, Article 17 of said Declaration provides that
the Declaration may be amended in full or part during the first
twenty (20) year period by an instrument signed by not less than
ninety percent (908) of the Lot Owners; and,
WHEREAS, at the annual meeting of members held on
August 1, 1987, various amendments to the Declaration were
proposed; and,
WHEREAS, the proposed amendments to the Declaration
were voted upon affirmatively by all Lot Owners present, said
Lot Owners consisting of more than ninety percent (908) of all
Lot Owners.
NOW, THEREFORE, the Declaration is hereby amended as
follows:
1. Article 1, Section E of the Declaration shall be
amended to include the following sentence:
"Common Expenses shall also include any
expenses as may be approved by a vote of a
majority of the Lot Owners."
�Wt 60�

JUN 19 2000
2. Article 12, Section A shall;
AS7AL MA
include the following sentence: `` I - MEN
_ MOREHEAD
"Carports or garages detached from the
residential dwelling shall not be erected,
ii placed or permitted to remain on any Lot."
i
Except as amended hereby, the Declaration and all
provisions contained therein shall remain in full force and
effect.
IN TESTIMONY WHEREOF, the undersigned Lot Owners,
representing at least ninety percent (90%) of all Lot Owners of
Lots within Spooners Creek North Subdivision, have executed this
First Amendment under seal, all effective the day and year first
above written.
(SEAL)
ed . Grady
(SEAL)
Prances F. Grady
r
'If (SEAL)
Donald L. Henson
Sandra L. Henson
L� izj?— 'a' (SEAL)
Geor a L. Edwards, Uk.
c., a--" G
Li da J. Edw s
4 �3
1
j

SPOONERS C K
By:
Secretaryy -
�r
TH ASSOCIATION, IN
sitlen
J U 19 2000 - "
)AST MANAGEMENT
M REREAD
e �`^ (SEAL)
RaftVd C. Ball, Jr
A
(SEAL)
Laura B 11 i
i
(SEAL)
Stevenson
/L (SEAL)
Cbrista�jfe W. Sevenson
(SEAL)
(SEAL)
(SEAL)
(SEAL)
B 111 ie S 1 ngs
David L. Sctiwattl
,&t
3

(SEAL)
Ilema
Schwartz
M71
(SEAL)
Charles H. Sledge
_(SEAL)
Margaret edge
(SEAL)
Micke rsh
I (SEAL)
JoCVu43ine Mg-rsh
FETZER ASSOCIATES, INC.
y:
President
Attest:
By:
Secretary
STATE OF NORTH CAROLINA
COUNTY OF ),e. nn. ---
I, 'e- Treso- T• -SV" ; } V.— , a Notary
Public in and for said Count; and State, do hereby -'certify
that NED T. GRADY and wife, FRANCES F. GRADY personallyl'appeared
before me this day and acknowledged the due exec u t
foregoing instrument.
Il�
4
JUN 19 2000
M
6

JUN 19 2000
STATE OF NORTH CAROLINA COASTAL MANAGEME
COUNTY OF CARTERET MOREHEAD
The foregoing certificates of Notaries Public are
certified to be correct. This instrument was presented for
registration this day and hour and duly recorded in the
office of the Rabiater of D of Carteret County, North
Carolina, in Book , Page
l
This 2?-D—J�� day of 3A'E8, at V l
o'clock k M. A
85-0603(A)
4AAS
3-1-88
ster of Deeds
,J�� J(g4
1
1

June 6, 2000
To Whom it May Concern:
This is to advise that we, as homeowners and members of the North Spooners Creek
Homeowners Association, object to changes made to the Marina for the following
reasons:
1. We have not had the privilege to see the plans that has been drawn up to re -configure
the marina.
2. We have a boat in our assigned slip in the marina on which we have installed a
boat lift and built a dock beside our boat and have paid and installed the electrical
lines.
3. We have not agreed at any time for our boat to be moved or our slip changed in
any way, form or fashion.
4. Should any changes to the marina be approved by CAMA, we will not move nor agree
to move our boat or lift or dock and the North Spooners Creek Association President
as well as the chairman of the marina and the contractor involved, will be engaged in a suit
for any and all damages to our property.
Respectfully submitted,
Mr. & Mrs. J. Harold Myatt
101 Edwards Drive
Morehead City, N. C. 28557