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HomeMy WebLinkAbout41337_DUNN, ERNEST_20050610❑CAMA / ❑ DREDGE & FILL;/Date GENERAL PERMIT�>,�1»a�Q vious permit # ❑ -iNew Modification ❑ ❑ Complete Reissue Partial Reissue previous permit issued 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 15A NCAC ❑ Rules attached. Applicant Nameer,�, - ✓ �� ' J � , / i Project Location: County Address''' T'J y���' ��' le. Street Address/ State Road/ Lot #(s) -- Cityr /�/ ( State. /If ZIPJ ^7 ( ( d b �`� ✓' — Phone # ( ) v Fax # ( ) Subdivision Authorized Agent ` �~ d �'` `� ' City f ` ' �`� ZIPS 7 1 CW [�?M E9-"A ❑ ES ❑ PTS Phone # ( _) River Basin Affected F- OEA ElHHF El IH ElUBA El N/A n-�,, c .% ,i C :' AEC(s): Adj. Wtr. Body '` Cnat man unkn ❑ PWS: ❑ FC: ORW: yes / no PNA yes / no j Crit. Hab. yes / no Closest Maj. Wtr. Body Type of Project/ Activity Pier (dock) length - Platform(s) Finger pier(s) Groin length number Bulkhead/ Riprap length avg distance offshore - max distance offshore " Basin, channel cubic yards Boat ramp . - Boathouse/ Boatlift Beach Bulldozing Other. Shoreline Length SAM not sure yes no Sandbags: not spre yes no. Moratorium: n/a yes no Photos: yea no Waiver Attached: yes no A building permit may be required by: Notes/ Special Conditions Agent or Applicant Printed Name (Scale: j)'/ ) See note on back regarding River Basin rules. Permit Officer's Signature Signature ** Please read compliance statement on back of permit ** Issuing Date Expiration Date 0 ya PyA Rover File Name Application Fee(s) Check# Local Planning,lurisdiction Statement of Compliance and Consistency 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 or criminal 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 officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules _ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-648 I) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888-4RCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) www.nccoastalmanagement.net Revised 10/05/01 LAMA / �-_ DREDGE & FILL N© 41337 GPNERAL PERMIT _ c Previous # �/ /' permit -"' Jew _Modification _Complete Reissue --Partial Reissue Date previous permit issued �v,/ 14 As author -'zed by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission. 6 � in an area of environmental concern pursuant to I SA NCAC r� 1 ,q�� Applicant Name _ H � fi - ul s attached. Project Location: County_____,! AddoresS'-r s Street Address/ State Road/ Lot #(s) City CJ,-i t� t' C State_C ZIPS' /)_ Phone # (a�'� G' Fax # ( ) Subdivision Authorized Agent City d /, "` / N c ZIP El CW EGrrA' [I ES PTS Affected C--G C` Phone # ( ) River Basin ❑ OEA ❑ HHF IH UBA F1 N/A � El Adj. Wtr. Body �'"`�-'�� r nat man unkn i-1 PWS: ❑ FC: ORW: yes / PNA yes / r0 Crit. Hab. yes / no — Closest Maj. Wtr. Body Type of Project/ Activity wx c n �T e-,�•w.-Ira�J � Al 4r�-- . (Scale: f V o , Pier (dock) length Platform(s) -- — — �JJ<_✓�~� Finger pier(s)' 'X11r F° Groin length number f�1 Bulkhead/ Riprap length avg distance offshore max distance offshore Basin, channel cubic yards Boat ramp Boathouse/ Boatlift L.'/C IV Beach Bulldozing Other 3) Y'Kf3 j✓�✓c Shoreline Length 7 / d o , SAM not sure yes no Sandbags: not sure yes Moratorium: n/a yes Photos: yes no - Waiver Attached: yes --L— -- - — A building permit may be required by: `�ee \ / note on back regarding River Basin rules. Notes/ Special Conditions �r Ar� �f a 1r "`- _r4,- t 44-� 1), 'T L, k-c-r- 0 il-4 Agent or Applicant Printed Name rermlt vrrlc%er s algnature Signature ** Please read compliance statement on back of permit �toU.00 /3c)3 Issuing Date Expiration Date RICHARD M GREENE 1303 5913 OAK LN ORIENTAL, NC 28571 Dat as 66-30/531 472 Pay to the Ord of Do ars e.13AFIRST CITIZENS 472 IIQK Fir[Citi.-Bank&TrustComp OdaMal, N.C. 28571 www.firsteitizens.com P For AOP 180S3i003001:0047L7SS877 u' OL303 OCYaike Amemm� --- -- — —RDIAN®SAFETY BLUE WBL 1 A0.5; WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 13, 2005 Richard Green 5913 Oak Lane Oriental, NC 28571 Dear Mr. Green: Attached is General Permit #41337 to construct (5) 12' x 8 wave attenuators and (1) tie piling at 1286 Topsail Drive, Windward Shores, Oriental, NC. In order to validate this permit, please sign all three (3) copies as indicated. Retain the white copy for your files and return the signed yellow and pink copies to us in the enclosed, self- addressed envelope. If the signed permit copies are not returned to this office before the initiation of development, you will be working without authorization and will be subject to a Notice of Violation and subsequent civil penalties. We appreciate your early attention to this matter. Sincerely, Stephen Lane/lsb Coastal Management Representative Enclosures 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement,net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper A/--y n J,JACEN T RIPAR ANN PROPERTY OWNT-R STATEMENT ! eC; Cam;"lliy t.^3: C• p:'i1:Yii;r a^vj2 znt i0�/��V� JT C ��/V/I/ �1! (/�( s (Name of Property. Owner) (Lot, Block, Road, etc.) on /i/L=l/�SL /1 /yGZ& it fL=�/T/j� /�NZZ/C(2. N C. Materbody) (Town and/or County) He has described to me as shun below, the development he is proposin.- at that location, and, I h his p,-oposal. �� � '�' � DESCRIPTION AND 01: DRAWC• G OF PROPOSED DEVELOPMENT (To be fl,'ed in by individual proposing dei'e(opment) w Avg' /913/i 7TFn465NT s ys7r/7 l rT r-a spa rc U,vc // '4 /Vp I':= T11 t Tp 5111C��Al- Y /- 01#0 ,/i0 1wo/��9 �f T g Y l2 TYt Q c V' p1A �^ x�sT �u�' �L m L� ------ -- ------ -----------------.. ---.- --- C ^- vl�-- 1 7�c� ��- C > _ ---- Sivna[ure 2�J.4, Rse— Pr.nt or Type game 9 -,3'7 �` - �,3: Teiepnone Nlumhrr ADJACENT RLPARLk-NN PROPERTY OWNER STATEMENT nereb,, c"tiy t^a:: e p:i ,r; i, ada enI to C s (Name of Property Oµner) (Lot, Block, Road, etc.) on k6& it /L' kM — /�L— O, N.C. (Waterbody) (Town and/or County) He has described to me as sown below, the development he is proposin,- at that location, his p;opusal. ------------------------------------------------------------------------------------------------------------------ DESCRIPTION ANr 01: DRA` C' G OF PROPOSED DEVELOPMENT (To be filled in br inc!ividuu! proposing development) WAvG-" 19 /3d j�r MBA T SY,sAtW To C/Y.Zql i To Gh1L� Gu.�T�/{ TO 514F�LY T F Y l2 � 7 49 cw IA ,b /Z Xis-� iu� lL 41 �-o v L� ------ -------- --------------------------- ---------- I ------ ------------ S;,nalure Pr.nt or T) pc. Name 9-2,51"-,3 7:�- Teizphor,t NumhCr 2005-05-06 16:22 (252) 745-7020 Pamlico County ROD P L,��r FY; .r1 v ',�: ;r�rrn,r hir"1.,...,.,Y,:Y1R ,..�ti•+�.�s..*7t Y'nKi w .q+i q . t�«1 rA.!!'YXY7 3/13 k 157 w328 B. The areas entitled "Vista'- shall be daen d qq�� ''C�o�o no" areas for the use and benefit of the contiguous ilkreas property ownroi�ib� are to be used by contiguous property ovnare,. occupants and their guests in a manner that mny not be or bacon* an Annoyance or nuisance to the neighborhood. fie property owners may use said area for'hitrification fields'- if necessary. The Vtota area and the beach in front of sal,d area shall be kept clean, beat, orderly, wall drained, and free of trash and debris. The grass shall be kept cut opd free of roads. The contiguous property owners *hail be responsible ed a pro.rata basis for the cost of such maintenance. 9. No shrubbery, trees, fences, etc. shall be placed on any lot or is ! a Vista area which will unreasonably obstruct the vier of any Contiguous t' property owner. If such view if unreasonably obstructed, any contiguous 'el J, property owner affected thereby shall have the right to appeal to the Board of { Supervisors as established in Paragraph 11 of Restrictive Covenants dated April 30, 1970, as recorded,i,. Book 136 `, A xi �_ County Registry. A hearing shall be held by'said board. TheSaalice majority decision of the Board of L: Supervisora shall be binding. This does not apply to any raaidencea or ! ;: structures as provided in Paragraph 4 above. Paragraph 11 of the Restrictive. Covenants dated April 30, 1970, and recorded in Book 156, Page 13. Pamlico County Registry, is copied herein and made a part of these covenants,z+. A Board of Supervisors in the Pierce Creek•Windvard Shores areas of Sep, `r• Vista Subdivision shall be appointed by the corporation consisting of five property owners. If at anytime the property owners become dissatisfiad with such board, then they may call for a vote and elect a board ++{; new to serve for ;1,I a parted of three years or until their successors are elected. The Board of SuperA od ra shall have the fo l loving duties and powers t (a) Approve boat houtro 'dock and pier plans and their location, '. (b) Approve any new boat slips. (e) Cut weeds, remove rubbish, trash, debris or any other undesirable 'f matter vhen necessary after notice to lot owner and charge the , cost thereof to such tot owner, i� (d) Maintain crook and channels in Pierce Creek, the entrance tharete " and its tributaries and ro•rsta cost thereof P among all lot,�and property owners in Windward °' :::•,` Shores and Pierce Creek Area of Sagan Vista, r (e) To have sole authority to adjust any disputes concerning the "4 unreasonable obstructing of ingress and egress through such creek or channel, (f) Approve any widening plans of the Creak or channel* by an individual property owner, (g) To control and regulate boat speeds and type of. operation, (h) n, I `' To control and regulate matters involving pollution control of the waterways, ,' I 10. If a central water supply system is installed, each of the property r'!' owners agrees to connect with and use said system under the provisions set out therefor. 11. If The Dolphin Company of Oriental should cause the street* to be paved in this area, than 464 property owner is to pay his -rate ! r+ pro part of the actual cost which shall not exceed 12.00 per ligeal foot. In Caoputing the cost, " credit shall be given for the part contributed the Town of Oriental. 12. Drainage and utility easemants are reserved along all lot lines 3 fast on each side where necessary. f - ► `' + 13. %segments for ingress and alrus are reserved ge'sbovn on racerded `., plat. F s: r r {, ;� +,r.iJr�Y '{ i ,, ,•,•I !�,c,.� i. '' '7.r.`,c,� .. .•� 'If ...,., ,•�i ili�yMT� W �:�"K;v[�. ;'ik5yi�bt•:•r�i.. yi.y,,'J,^�t, ��'%11 ` i'; . 2005-05-06 16:23 (252)•745-7024 Pamlico County ROD �_ 5;,�'7�"'�+R�'►�+'c�, jta`r"e�5� ^?��IU9 ,t n �I .t+ � F �.4,I,�:;`.'b�xti�l.ytr�;fi u�star{�y;�.,l.x�r� .r��.l.,w.��t7 - - _ _ .-...L.- . _ .••. .1-.,« man ..1e �!. , . P 4/13 I, s t i i III 111t ` 1 r e�cr+ 157 fti329 14. All individual purchasers from and after this date shall be required to keep their respective lots,free and clear of weeds, rubbish, trash, debris $ad other Natter. 1S. Only one pier war be built from each "Vista,,' Before such pier can be built, the plans mad toeation whist be approved in writing by th'e board of Supervisors. The ownership and use of the pier shalt be restricted to those who contribute to the construction and maintenance of such pier. Any property owner within a "Vista" Lhsll il'elVe the right to pay his pro•rata part of the cost and maintenance of.auph pier and thereby be entitled to his pro.rata ownership of such pier *nd;use of the sang for hir,self, his family and guest'. 16. The Board of Supervisors may take Guth aetioa as it dmwme necessary to prevent unreasonable erosion to the 'Vista" areas sad to prorate equitably the cost among the property swnera affected thereby, 17. No boat house of an t y y ypa may be built in the House River in front f' the area covered by -rhea, covenant-•---�•-d however, that the Corporation y within its sole judgmenV. parmit ouch boat houses, after approval in writing by the Corporation of.the plans, specifications, design sad or of the same. 1a. No noxious or offensive trade or activity shall be carried on upon any lot nor shall. anything be done thereon which may be or become an snnoyaa • or nuisance to the neighborhood. 19. No trailer, basement, tent, shack erected or placed on the tract shall at soy Savage, ban u� d as atresiden reer sidence . i temporarily or permanently nor shall any structure of a temporary character to used as a residence. 20. Nothing herein contained shall be construed as imposing any covenan s or restrictions on any property of the owners of this subdivision other than .those properties to which these Restrictivs Covenants specifically apply. John A. Wilkinson, Substituted Trustee, a• appointed in that certain instrument dated March 3, 1970, and recorded in book' 133, Page 203 of the Pamlico County Registry, Joins in the execution of this instrument for the Purpose of subordinating deed of trust from John W, land, at &Ls, dated June 24, 1965, recorded in Book 141. Page 762 of the Pamlico County Registry to these Raeeriettva Covenants and to subordinate the streets now deditated In said aubdIV1sion to said deed of trust. Except as heroin specifically designated, the dead of crust shall remain unchanged and in full fares and affect. The said Substituted Trustee does hereby acknowledge receipt of $1.00 as consideration for this relsams. IN TESTIMONY ti41$Reor, the raid John 4. Wilkinson, Substituted Trustee, has hereunto set his hand and seal, and The Dolphin Company of Oriental has caused this instrument to be signed in its name by ice President and attest. by its Socr•tsry, and sealed with the common corporate seal by order of its Board of Directors duly given, this the I t day oii 7dt- "N +!.'h N A. WILIC1NSOt1, SUtlSi'13t1T60 2RU8Y6$� L'" C THE DOLPHIN COMPANY OP ORIENTAL PRlSI ENT SECRETARY w' a4 , q I 1,� . �«.� . 1 1M1'•S .+s ; 'l it a rj ��I'� �`i.. i.i1kM �1,. (I ' �� •�,1 ,' ', ' "" ' . I .,) � r yr-��h���,y`r:+•.f �i, ',. � ,1 �,� f I 'r t � •� ,�{ �� t� ie i •j � .tor ►•�M�`i�+�f :�jH!"'' ' .r..., r (252) 745 42Q .,;�Pa ) i �w Gc�u�x ,R0D, P. .�e. , �,P : ,r � t • .na�,,.,� � � '1. 6 P y4 '�I'*.'� r .^aZ `'�, u ...,�� velears.Y4wW n. :t •,m ay a HauOWELL YS AT LAW Mo, K C. I.e s u. ^►'rM►iRM�.:. J... ..+i4'�i(��i.�iil+.-'1-Lry lLwr w.•rSwY.th4.l�n.o;i�. :J.�' - v+•..r_�..a .._..r.... +..,,^, w 800K 284 PA,E 919 FiLn `90 JAN 2 PM 3 03 NORTH CAROLINA JYYCE E.CfRAWAN PAMLICO COUNTY RMITER of IEEDS , AmEommIT U�1 CUNTY, N. C. TO COVENANTAM RUNNING WITH THE .AND OF WINDWARD SHORU, SECTION I THIS DECLARATION, made this 22nA day of December, 1969, by KENNETH R. HILL and wife, JOYCE HILL, DAN W. MILLER, WILLIAM J. ALLEN and wife, MXRNA L. ALLEN, GEORGE R. ROBINSON and wife, KARILYN A. ROBINSON, STLPypp H. SIMMONS and wife, VIOLET A. SIMMONS, JOSEPH D- RAWLS and wife, JOAN H. RAWLS, WILLIAM L. OSTERHOUTap d wife. A&'tMRLY OSTERHOUT, ROBERT T. ATWATER and wife, PATRICIA H. ATWATER, CATHY C. RIVENBARK and husband, CHARLES RIVENBARK, RUSSELL LEE COX and wife, DUSTY T. COX, STACY A. KELLER and husband, ROBERT S. KELLER, HENRY A. FRAZER, ROBERT E. PRESCOTT'and wife, VICKI B. PRESCOTT , SEA HARBOUR MARINA, INC., MARTIN W. MURPHEY and wife, ALISON C. MURPHEY, GORDON P. KELLOG and wife, ANN B. KELLOG, JOHN A. F"LANAGAN and wife, VOPDA FLANAGAN, ROBERT L. HICKOK and wife, D. VALENE HICKOK, E. HOOVER TAFT, III and wife, RUTH J. TAFT, THOMAS F. TAFT and wife, KATHY A. TAFT, GEORGE R. FELDMAN and wife, CATHERINE B. FELDMAN, RIVERS AND ASSOCIATES ENGINEERS, INC., GERRIT VAN OPEN, SR. and wife, CLAUDETTE VAN OPEN, ELMER ,T• WHITE and wife, ELIZABETH WHITE, ERNEST C. DUNN, JR. and wife, MARY CLYDE T. DUNN, CARL B. SPANGLER and wife, MARY SPANGLER, JAMES A. WHITAKER, III and wife, PAMELA WHITAKER, RICHARD Q. BOYLES and wife, ROSEMOND BOYLES, WILLIAM H. HOLLAWAY and wife, FRANCES M. ROLLAWAY, ROY E. PEDERSON and wife, EMILY 7,'< ,SN •X: H. PEDERSON, E. HOOVER TAFT, JR. and wife, HELEN F. TAFT, CECIL .R. SY'KES and wife, MARLENE 5. SYKES, hereinafter referred to as "Declarants". W I T N E S S E T H WHEREAS, Declarants are the owners of Lots 1 through 48 of Sea Vista Subdivision, WINDWARD SHORES AREA, SECTION I; and WHEREAS, said lots are subject to those covenants dated July 1, 1970 and recorded in Deed Hook 157 at page 327, Pamlico County Registry; and WHEREAS, Paragraph 1 of said covenants provides that on January 1, 1990 they may be amended by a majority vote of the "then owners". WHEREAS, at least a majority of the lot owners desire to utilize this opportunity to clarify said covenants. NOW, THEREFORE, Declarants hereby declare that the Covenants recorded in Deed Book 157 at page 327, Pamlico County .' Registry are amended as follows: (1) By changing 111990" in line 2 of Section 1 to "1991". (2) B deleting "contiguous „ y 4 g property owners in Sea Vista.._ and adding "adjoining Property owners in Windward shores Areal Section I." in line 2 of Section 8. (3) By changing "Pierce Creek - Windward Shores" in line 1 of the second paragraph of Section 9 to "Windward Shores Area, Section T." (4) By deleting paragraphs (d), (e) and (f) in their 1 entirety from Section y. (5) By adding the following sentence at the end of section 13: "When used in these covenants and on the above referenced recorded plat, the word "contiguous" shall be defined as adjoining or touching." In all other respects the Covenants and each and every provision thereof is confirmed. 2005.05 06 16.-.24 (252) 745-7020 Pamlico County ROD P 6/13 y "1 WtED Ov aHmuv S AT LAW xe0. N. e MIS II I I I I� IArA��rrr�A� Y M Boaz . 265 P��� 340 90 AN 25 RBI 1101 NORTH CAROLINA JOYCE E.CAAAWAN PAMLICO COUNTY REGISTER OF )!ED$ PAMLICI COUNTY, N. C. AMENDMENT TO COVENANTS RUNNING WITH THE LAND OF WINDWARD SHORES, SECTION I THIS DECLARATION, made this 20th day of December, 1989, by KENNETH R. HILL and wife, JOYCE HILL, DAN W. MILLER, WILLIAM J. ALLEN and wife, MYRNA L. ALLEN, GEORGE R. ROBINSON and wife, MARILYN A. ROBINSON, STEPHEN H. SIMMONS and wife, VIOLET A. SIMMONS, JOSEPH.B. RAWLS And wife, JOAN H. RAWLS, WILLIAM L. OSTERHQUT and wife, =_ 7-RLY OSTERHOUT, ROBERT T. ATWATER and wife, PATRICIA H. ATWATER, CATHY C. RIVRNBARK and husband, CHARLES RIVENBARK, RUSSELL LEE COX and wife, DUSTY T. COX, STACY A. KELLER and husband, ROBERT S. KELLER, HENRY A. FRA2ER, ROBERT E. PRESCOTT and wife, VICKI B. PRESCOTT, SEA HARBOUR MARINA, INC., MARTIN W. MURPHEY and wife, ALISON C. MURPHEY, GORDON P. KELLOG and wife, ANN B. KELLOG, JOHN A. FLANAGAN and wife, VONDA FLANAGAN, ROBERT L. HICKOK and wife, D. VALENE HICKOK, E. HOOVER TAFT, III and wife, RUTH J. TAFT, THOMAS F. TAFT and wife, KATHY A. TAFT, GEORGE R. FELDMAN and wife, CATHERINE B. FELDMAN, RIVERS AND ASSOCIATES ENGINEERS, INC., GERRIT VAN OYEN,.SR, and wife, CLAUDETT$ VAN OYEN, ELMER T. WHITE and wife, ELIZABSTH WHITE, ERNEST C. DUNN, JR. and wife, MARY CLYDE T. DUNN, CARL B. SPANGLER and wife, MARY SPANGLER, JAMES A. WHITAKER, III and wife, PAMELA WHITAKER, RICHARD Q. BOYLES and wife, ROSEMOND BOYLES, WILLIAM H. HOLLAWAY,:'' and wife, FRANCES M. HOLLAWAY, ROY E. PEDERSON and wife, EMILY H. PEDERSON, E. HOOVER TAFT, JR. and wifeHELEN F. TAFT, CECIL R. SYKES and wife, MARLENE S. SYKES, hereinafter referred to as "Declarants". W I T N E S S E T H WHEREAS, Declarants are the owners of Lots 1 through 48 of Sea Vista Subdivision, WINn-T-- eHORES AREA, SECTION 1; and WHEREAS, said lots are subject to those covenants dated July 1, 1970 and recorded in Deed Book 157 at page 327, Pamlico County Registry; and WHEREAS, Paragraph 1 of said covenants provides that on January 1, 1990 they may be amended by a majority vote of the "then owners". WHEREAS, at least a majority of the lot owners desire to utilize this opportunity to clarify said covenants. NOW, THEREFORE, Declarants hereby declare that the Covenants recorded in Deed Book 157 at page 327, Pamlico County • Registry are amended as follows: (1) By changing "1990A' in line 2 of Section 1 to 111991". ( 2 ) By deleting "contiguous property owners in Sea Vista." and adding "adjo-'wing property owners in windward Shores Area, Section I.A' in line 2 of Section 8. (3) By changing "Pierce Creek - Windward Shares" in line 1 of the second paragraph of Section 9 to "Windward Shores Area, Section I." (4) By deleting paragraphs (A) . (e) and (f) in their entirety from Section 9. (5) By adding the following sentence at the end of Section 13. "When used in these covenants and on the above referenced recorded plat, the word "contiguous'' shall be defined as adjoining or touching." In all other respects the Covenants and each and every Provision thereof is confirmed. 16, ; K �252) 745 70 � _� 7 ; ; m.l cg �c y ..ROP P 7/1.3 .1`. ''�:,.iM' yt'�.y'�alJ✓"'*�.Tk"�'�i' 4 W=&V 6 ►la..owgy WS A7 LAW MO. 1{ C. Bois V 1A r� F /, 40 I n BOOK 4Uca PAGE 314 19 90 ,OI 25 RM 1101 NORTH CAROLINA JOYCE E.CARAWAN PAMLI CO COUNTY MISTER OF SEEPS PAWl,IE1 COUNTY. N. C, AMENDMENT TO COVENANTS ; RUNNING WITH THE LAND OF WINDWARD SHORES, SECTION I� THIS DECLARATION, made this 5th day of October, 1989, by KENNETH R. HILL and wife, JOYCE HILL, DAN W. MILLER, WILLIAM J. ALLEN and wife, MYRNA L. ALLEN, GEORGE R. ROBINSON and wife, MARILYN A. ROBINSON, STEPHEN H. SIMMONS and wife, VIOLET A. SIMMONS, JOSEPH B. RAWLS and wife, JOAN H. RAWLS, WILLIAM L. OSTERHOUT and wife, B?tVERLY bF^'n^�^�1T, ROBERT T. ATWATER and wife PATRICIA H.'ATWATER, CATHY C. RIVENBARK and husband, CHARLES RIVENBARK, RUSSELL LEE COX and wife, DUSTY T. COX, STAGY A. KELLER and husband, ROBERT S. KILLER, HENRY A. FRAZER, ROBER'I E. PRESCOTT and wife, VICKI B. PRESCOTT, SEA HARBOUR MARINA, INC., MARTIN W. MURPHY and wife, ALISON C. MURPHY, GORDON P. KELLOG and wife, ANN B. KE,LLOG, JOHN A. FLANAGAN and wife, VONDA FLANAGAN, ROBERT L. HICKOK, E. HOOVER TAFT, III and wife, RUTH J. TAFT, THOMAS F. TAFT and wife, KATHY A. TAFT, GEORGE R. FELDMAN and wife, CATHERINE B. FELDMAN, RIVERS AND ASSOCIATES ENGINEERS, INC., GERRIT VAN OYEN, SR. and wife, CLAUDETTE VAN OPEN, ELMER T. WHITE and wife, ELIZABETH WHITE, ERNEST C. DUNN, „JR. and wife, MARY CLYDE T. DUNN, CARL B. SPANGLER and wife, MARY SPANGLER, JAMES A. WHITAKER, III and wife, PAMELA WHITAKER, RICHARD Q. BOYLES and wife, ROSEMOND BOYLES, WILLIAM H. HOLLAWAY and wife, PRANCES M. HOLLAWAY, ROY E. PEDEItSON and wife, EMILY H. PEDERSON, E. HOOVER TAFT, JR. and wife, HELEN F. TAFT, CECIL f.Rx R. SYKES and wife, MARLENE.S. SYKES, THE DOLPHIN COMPANY OF .ORIENTAL, hereinafter referred to as "Declarants". W I T N E S S E T H WHEREAS, Declarants are the owners of Lots 1 through 46 of Sea Vista Subdivision, WINDWARD SHORES AREA, SECTION I; and WHEREAS, said lots are subject to those covenants dated July 1, 1970 and recorded in Deed Book 157 at page 327, Pamlico County Registry; and WHEREAS, Paragraph 5 of said covenants provides that no residential structure shall be constructed nearer to the front line than the minimum building setback line as shown on the plat (40 feet); and WHEREAS, George R. Robinson and wife, Marilyn A. Robinson own Lots 11 and 12 and by inadvertance constructed their home within the minimum building setback area; and, WHEREAS, Paragraph l of said covenants provides that on . January 1, 1990 they may be amended by a majority vote of the "then owners". ;;; '• NOW, THEREFORE, Declarant s hereby declare that the��,.;.ti Covenants recorded in Deed Book 157 at Registry are amended as follows: page 327, Pamlico County By adding the following language after the first sentence in Paragraph 5: "EXCEPTING herefrom Lots it ana 1.2, in which case the minimum front and rear setback shall be 25.i2 feet". In all other respects the Covenants and each and every Provision thereof is confirmed. x 2005-05-06 16:26 (252)'745-7020- Pamlico County ROD P 8/ I rr0ft4 1M AT LAW WAYMOM, N. G 2"I s om via NORTH CAROLINA ,PAMLICO COUNTY ISO. Me 31 - PM 1 13 PJIW RUNNING WITH THE I.AD�� SffiCTION I !M Mi ' a THIS DECLARATION, made this 1st day of January, 1991, by THE DOLPHIN COMPANY OF ORIENTAL, KENNETH R. SILL and wife, JOYC2S HILL; DOUGLAS D. DANIELE; DAN W. MILLER; THOMAS F. TAFT and wife, KATHY A. TAFT) WILLIAM J. ALLEN and wife, MYRNA L. ALLEN; MARVIN F. BULLOCK; GEORGE R. ROBINSON and wife, MARILYN A. ROBINSON; STEPHEN H. SIMMONS And wife, VIOLET A. SiMMO SS JOSEPH B. RAWLS and wife, JOAN H. RAWLS; WILLIAM L. OSTERHOUT, widower; WILLIAM T. RANGO and MARILYN w. PEREZ; ROBERT T. ATWATER and wife, PATRICIA H. ATWATER; CATHY C. RIVENBARK and husband, CHARLES RIVENBARK; RUSSELL LEE COX and wife, DUSTY T. COX; JESSE GRAY WIN PRE Y And wife, SARAH LUPTON WINFRRYt ROBERT E. PRESCOTT and wife, VICKI B. PRZSCOTT;-SBA BARHOUR MINA, INC.; MARTIN W. MURPBY and wife, ALISON C. MURPHy, GORDON P. KELLOG and wife, ANN B. KBLLOG; JOHN A. FLANAGAN and wife, VONDA FLANAGAN; ROBERT L. HICP1 and wir ^ VALENS HICKOK; E. HOOVER TAFT, III and wife, R : TAFT; GEORGE R. FELDMAN and wife, CATHERINL B. F1ttMKAN; PHILLZP C. AMBLER and wife, SHARON F. -AMBLER; GERRIT VAN OYEN, SR. and wife, CLAVDX T3 VAN OYEN; ELMER T. WHITE and wife, ELIZABETH WHITS; ERNEST C. DUNN, JR. and wife, MARY CLYDE T. DUNN; CARL B. SPANGLER and wife, MARY SPANGLER; JAMES A. WHITAKER, III and wife, PAMELA WHITAKER; RICHARD Q. BOYLES and wife, ROSEMOND BOYLES; WILLIAM H.. HOLLAWAY and wife, FRANCE$ M. HOLLAWAY; ROY E. PEDERSEN and Wide, BMILY H. PEDERSEN; CECIL R. SYKES and wife, MARLENE S. SYKES; RALPH B. PRIESTLEY and wife, JO ANN PRIESTLEY, GARICK T. BOGHOSSIAN and wife, JEAN R. BOGHOSSIAN hereinafter referred to as "Declarants". W I T N 8 S S E T H WHEREAS, Declaranta are the owners of Lots 1 through 48 of Sea Vista Subdivision, WINDWARD SHORES AM, SECTION I; and WHEREAS, said lots are subject to those covenants dated July 1, 1970 and recorded in Deed Book 157 at page 327 and the Amendments recorded in Book 264 at page 836 and Book 264 at page 855, Pamlico County Registry; and WHEREAS, paragraph 1 of said Covenants as Amended provides that on January 1, 1991 they may be amended by a majority vote of the "then owner&" :., whole or in part"; and WHEREAS, it is the desire of at least the majority of the lot owners by this instrument to make further amendments in order to clarify the above -referenced original covenants. NOW, TEBREFORE, Declarants hereby declare that the Covenants dated September 15, 1970 and recorded in Deed Book 157 at page 327, Pamlico county Registry are hereby amended as follows: Omit Section 1 in its entirety and insert in lieu thereof the following: I. These covenants are to run with the land and shall be binding on all parties and persons claiming tinder them until January 1, 1991, at which time said covenants shall be automatically extended for successive periods of ten years. These covenants may be amended in whole or in part at any time by an instrument signed by not less than a majority of the then owners of Lots. J�• 'Y� 2005 , 16:26 (252) 745-7020 Pamlico Coup )%.RQD, P 9/13 BOOK 264 PAGE917 FILEQ PPMPAPAM BY WWnL & H0E.L0wU.L ,TTOMMYS AT LAW SAYS. k c. 28915 .NORTH CAROLINA PAMLICO COUNTY. '90 A 2 PM 3 03 JOYCE E. C.�R,,WAN MISTER OF ):.E7S PAMLICI C#UJJTY rI c AMENDMENT TO,COVENANTS RUNNING WITH THE LAND OF WINDWARD SHORES, SECTION I THIS DECLARATION, made this 5th day of October, 1989, I �•;�, by KENNETH R. HILL and wife, JOYCE HILL, DAN W. MILLER, WILLIAM J. ALLEN and wife, MYRNA L. ALLEN, GEORGE R. ROBINSON and wife, MARILYN A. ROBINSON, STEPHEN H. SIMMONS and wife, VIOLET A. SIMMONS, JOSEPH B. RAWLS and wife, JOAN H. RAWLS, WILLIAM L. OSTERHOUT and wife, BEVERLY OSTERHOUT, ROBERT T. ATWATER and wife, PATRICIA H. ATWATER, CATHY C. RIVENBARK and husband, CHARLES RIVENBARK, RUSSELL LEE COX and wife, DUSTY T. COX, STACY A. KELLER and husband, ROBERT S. KELLER, HENRY A. FRAZER, ROBERT E. PRESCOTT and wife, VICKI B. PRESCOTT, SEA HARBOUR MARINA, INC., MARTIN W. MURPHY and -wife, ALISON c. MURPHY, GORDON P. KELLOG and wife, ANN *B.'KNLLOG, JOHN A. FLANAGAN and wife, VONDA FLANAGAN, ROBERT L. HICKOK, E. HOOVER TAFT, III and wife, RUTH J:-TAFT, THOMAS F. TAFT and wife, KATHY A. TAFT, GEORGE R. FELDMAN and wife, CATHERINE B: FELDMAN, RIVERS AND ASSOCIATES ENGINEERS, INC., GERRIT VAN OYEN, SR. and wife, CLAUDETTE VAN OYEN, ELMER T. WHITE and wife, ELIZABETH WHITE, ERNEST C. DUNN, JR. and wife, MARY CLYDE T. DUNN, CARL B. SPANGLER and wife, MARY SPANGLER, JAMES A. WHITAKER, III and wife, PAMELA WHITAKER, RICHARD Q. BOYLES and wife, ROSEMOND BOYLES, WILLIAM H. HOLLAWAY and wife, FRANCES M. HOLLAWAY, ROY R. PEDERSON and wife, EMILY H. PEDERSON, E. HOOVER TAFT, JR. and wife, HELEN F. TAFT, CECIL R. SYKES and wife, MARLENE S. SYKES, THE DOLPHIN COMPANY OF ORIENTAL, hereinafter referred to as "Declarants". WI TNESSETH^ • WHEREAS, Declarants are the owners of Lots 1 through 48 of Sea Vista Subdivision, WINDWARD SHORES AREA, SECTION I; and WHEREAS, said lots are subject to those covenants dated July 1, 1970 and recorded in Deed Book 157 at page 327, Pamlico County Registry; and WHEREAS, Paragraph 5 of said covenants provides that no residential structure shall be constructed nearer to the front line than the minimum building setback line as shown on the plat (40 feet); and WHEREAS, George R. Robinson and wife, Marilyn A. Robinson own Lots 11 and 12 and by inadvertence constructed their home within the minimum building setback area; and WHEREAS, Paragraph 1 of said covenants provides that or - January 1, 1990 they may be amended by a majority vote of the "then owners". NOW, THEREFORE, Declarants hereby declare that the Covenants recorded in Deed Book 157 at page 327, Pamlico County,, Registry are amended as follows: By adding the fallowing language after the first sentence in Paragraph 5: "EXCEPTING herefrom Lots 11 and 12, in which case the minimum front and rear setback shall be 25.82 feet". In all other respects the Covenants and each and every provision thereof is confirmed. i 2005-05-06 16 :.27 (25 2) 745wTQ .i P. r Q y; .42UQ 0 (..�. �, 0 C D� t +4� .I um by & HMAVWML M AT LAW opwC. N. C. MIS �•�` , • - .�,,r,�:. ��._�:-�4.= 1o:�.u. a ... .. am . WAS FP.ff NORTH PAMLICOaCOLUNTY 'i DEC 29 RM 9 27 RUNNING WITH TH ����R�j��RD SHORES," SECTION I t:,:'�•%� PAMLICI CIUHrY, 0.1. THIS DECLARATION, made this 14i day of December, 1989, by KENNETH R. HILL and wife, JOYCE HILL, DAN W. MILLER, WILLIAM J. ALLEN and wife, NYRNA L. ALLEN, GEORGE R. ROBINSON and wife, MARILYN A. ROBINSON,,STEPHEN H. SIN"S and wife, VIOLET A. SIMMONS, JOSEPH B. RAWLS and wife, JOAN H. RAWLS, WILLIAM L. OSTERHOUT.and wife, BEVERLY OSTERHOUT, ROBERT T. ATWATER and wife, PATRICIA H. ATWATER, CATHY C. RIVENBARK and husband, CHARLES RIVEN$ARK, R7Qe""r_ LEE COX and wife, DUSTY T. � COX, STACY A. KELLER and husband, ROBERT S. KELLER, HENRY A. FRAZER, ROBERT E. PRESCOTT and wife, VICKI B. PRESCOTT, SEA HARBOUR MARINA, INC., MARTIN W. MURPHY and wife, ALISON C. MURPHY, GORDON P. KELLOG and wife, ANN B. KELLOG, JOHN A. FLANAGAN and wife, VONDA FLANAGAN, ROBERT L. HICKOK and wife, D. VALENE HICKOK, E. HOOVER TAFT, III and wife, RUTH J. TAFT, THOMAS F. TAFT and wife, KATHY A. TAFT, GEORGE R. FBLDMAN and wife, CATHERINE B. FELDMAN, RIVERS AND ASSOCIATES ENGINEERS, INC., GERRIT VAN OYEN, SR. and wife, CLAUDETTE VAN OYEN, ELMER T. WHITE and Wife, ELIZABETH WHITE, ERNEST.C. DUNN, JR. and wife, MARY CLYDE T. DUNN, CARL B. SPANGLER•and wife, MARY •.SPANGLER, JAMES A. WHITAKER, III and wife, PAMELA WHITAKER, RICHARD Q. BOYLES and wife, ROSEMOND BOYLES, WILLIAM H. HOLLAWAY and wife, FRANCES M. HOLLAWAY, ROY E. PEDERSON and wife, EMILY H. PEDERSON, E. HOOVER TAFT, JR. and wife, HELEN F. TAFT, CECIL R. SYKES and wife, MARLENE S. SYKES , THE DOLPHIN COMPANY OF ORIENTAL, hereinafter referred to as "Declarants". W I T N E S S E T H WHEREAS, Declarants are the owners of Lots 1 through 48 of Sea Vista Subdivision, WINDWARD SHORES AREA, SECTION I; and WHEREAS, said lots are subject to those covenants dated July 1, 1970 and recorded in r__": ::;ok 157 at page 327, Pamlico County Registry; and i WHEREAS, Paragraph 1 of said covenants provides that on January 1, 1990 they may be amended by a majority vote of the "then owners". WHEREAS, at least a majority of the lot owners desire to utilize this opportunity to clarify said covenants, i NOW, THEREFORE, Declarants hereby declare that the Covenants recorded in Deed Book 157 at page 327, Pamlico County Registry are amended as follows: (1) By changing 111990" in line 2 of Section 1 to 111991". (2) By deleting "contiguous property owners in Sea Vista." and adding "adjoining property owners in Windward Shores Area, Section I." in line 2 of Section 8. (3) By changing "Pierce Creek - Windward Shores" in line 1 of the second paragraph, of Section 9 to "Windward Shores Area, Section I." (4) By deleting paragraphs (d), (e) and (f) in their entirety from Section 9. (5) By adding the following sentence at the end of Section 13: "When used in these covenants and on the above referenced recorded pia,-, the word "contiguous" shall be defined as adjoining or touching." in all other -respects the Covenants and each and every Provision thereof is confirmed. 2005- 16:2�8� (252) 745-7020. D P 0 4.: 000 B, Los AT LAW 000, IV. C. MM ..1.�md�Ki►.�.r,�.ti:r.�.11tkh.r.,�.r.:�;�.,......•,•wilcti�:s�:.n...ba.t:`�..�,�i*MA�•�yawrri�..;-._... - ��,Yi.uG....� - 4 } d94KIN M cr FtLE9 . II DEC 29 Rai 9, 24 NORTH CAROLINA JOYCF E. ^',RAWAM PAMLICO COUNTY Ri18TER UFOCEDZ AMEN�►�+� �P6 �L��s RUNNING WITH THE LAND OF WINDWARD SHORES, SECTION I THIS DECLARATION, made this Sth day of October, 1989, by KENNETH R. HILL and wife, JOYCE HILL, DAN W. MILLER, WILLIAM J. ALLEN and wife, MYRNA L. ALLEN, GEORGE R. ROBINSON and wife, MARILYN A. ROBINSON, STEPHEN H. SIMMONS and wife, VIOLET A. SIMMONS, JOSEPH B. RAWLS and wife, JOAN H. RAWLS, WILLIAM L. OSTERHOUT and wife, $EYERLY OSTFRWOUT, ROBRRT T. ATWATER and wife,.PATRICIA H. ATWATER, CATHY C. RIVFNBARK and husband, CHARLES RIVENBARK, RUSSELL LEE COX and wife, DUSTY T. COX, STACY A. KELLER and husband, ROBERT S. KELLER, HENRY A. FRAZER, ROBERT E,. PRESCOTT and wife, VICKI B. PRESCOTT, SEA HARBOUR MARINA, INC., MARTIN W. MURPHY and -wife, ALISON C. MURPHY, GORDON P. KELLOG and wife, ANN B. KELLOG, JOHN A. FLANAGAN and wife, VONDA FLANAGAN, ROBERT L. HICKOK, E. HOOVER TAFT, III and wife, RUTH J. TAFT, THOMAS F. TAFT and wife, KATHY A. TAFT, GEORGE R. FELDMAN and wife, CATHERINE B. FELDMAN, RIVERS AND ASSOCIATES ENGINEERS, INC., GERRIT VAN OYEN, SR. and.wife, CLAUDETTE VAN OYEN, ELMER T. WHITE and wife, ELIZABETH WHITE, ERNEST C. DUNN, , JR. and wife, MARY CLYDE T. DUNN, CARL B. SPANGLER and wife, MARY SPANGLER, JAMES A. WHITAKER, III and wife, PAMELA WHITAKER, RICHARD Q. BOYLES and wife, ROSEMOND BOYLES, WILLIAM H. HOLLAWAY and wife, FRANCES M. HOLLAWAY, ROY E. PEDERSON and wife, EMILY H, PEDERSON, E. HOOVER TAFT, JR. and wife, HELEN F. TAFT, CECIL R. SYKES and wife, MARLENE S. SYKES, THE DOLPHIN COMPANY OF ,ORIENTAL, hereinafter referred to as "Declarants". W I T N E 5 S E T H WHEREAS, Declarants are the owners of Lots 1 through 48 of Sea Vista Subdivision, WINDWARD SHORES AREA, SECTION I; and WHEREAS, said lots arF __:.;ect to those covenants dated July 1, 1970 and recorded in Deed Book 157 at page 327, Pamlico County Registry; and WHEREAS, Paragraph 5 of said covenants provides that no residential structure shall be constructed nearer to the front line than the minimum building setback line as shown on the plat (40 feet); and WHEREAS, George R. Robinson and wife, Marilyn A. Robinson own Lots 11 and 12 and by inadvartance constructed their home within the minimum building setback area; and WHEREAS, Paragraph 1 of said covenants provides that on January 1, 1990 they may be amended by a majority vote of the "then owners". NOW, THEREFORE, Declarants hereby declare that the Covenants recorded in Deed Book 157 at page 327, Pamlico County Registry are amended as follows: By adding the following language after the first sentence in Paragraph 5: "EXCEPTING herefrom Lots 11 and 12, in which case the minimum front and rear setba4k. shall be 25.82 feet". In all other respects the Covenants and each and every provision thereof is confirmed. LN Im, 2005-05-06 16:2. .R.APM.Y JOWIML G. HOu.vweu. TTORMYS AT LAW BAYIOAO. K C MID Omit section 2.in its entirety ind insert in lieu thereof the following 2. If the parties hereto or any of them or their heirs, successors, or assigns, shall violate or attempt to violate any of the covenants herein, .it shall be lawful for any other person or Persons, owning any real property situated in said development or subdivision or the Homeowners Association of Windward Shores, Section I, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or them from so doing or to recover damages or other dues for such violation, e4 cept t!-: -yY of the first part is specifically excluded from any liability for damages. Omit Section 4 in its entirety and insert in lieu thereof the following: 4. No structure shall be erected, placed or permitted to remain on any residential plot other than one detached single family dwelling and other outbuildings incidental to the residential use of the plot. No structure of any type shall be started on any of the"above lots until plans and the plot plan of such structure has been approved by the Homeowners Association, Windward Shores, Section I, or its successor or designee. Such &pVrbval must be in writing. Omit Section 7 in its entirety and insert in lieu thereof the followtilhg: 7. The right-�of-ways 50 feet in width that run from the 60-foot streets to a cur -de -sac shall be deemed as public roads. Omit Section'8 in its entirety and insert in lieu thereof the following: 8. The areas entitled "Vista" shall be deemed as "common areas" for the exclusivtl use and benefit of the adjoining property owners in Windward Shores Subdivision, Section one. These areas are to be used by adjoining property owners, occupants and their guests in a manner that may not be or become an annoyance or nuisance to the neighborhood. The property owners may use said area for "nitrification fields" if necessary. The Vista area and the beach in front of said area shall be kept clean, neat, orderly, well -drained, and free of trash and debris. The grass shall be kept cut and free of weeds. No shrubbery, trees, fences, etc. shall be placed on any lot or in a Vista area which will unreasonably obstruct the view of any adjoining property owner. Property owners shall be responsible on an equitable basis for the cost of such maintenance. Omit Section 9 in its entirety and insert in lieu thereof the following: 9. A corporation named "The Windward Shores, Section x, Homeowners Association, Inc.", has been or will be formed pursuant to the rules and regt;,irements of the Non-profit Corporation Act (chapter 55A) of the General statutes of North Carolina as an association of the lot owners. Its purposes are' to own, manage and maintain the vista area and to enforce the restrictions contained herein. The present owner or owners of each lot shall be entitled to hw members of the corporation. 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. fi.;';'*� 2005-05-06 16:29 (252) 745.7020 Pamlico County ROD 1eli t P 13/13 A ' •.ws.,tp w wwal a "a.ruwsu TYOP*4!vS AT LAW SAYRD"0. N. C. wit A Board -of Directors, consisting of five members, shall .Be elected by the corporation. If at anytime the property owners become Aissatisfied with such board, they may call for a vote and elect; a new board.to serve for a period of three years or until their' successors are elected. The Hoard of Directors shall have the following duties and powers; (a) Approve the location and design, of all proposed structures to be built or constructed within the subdivision. (b) Cut weeds, remove rubbish, trash, debris or any other undesirable matter when necessary after notice to lot owner and charge the cost thereof to such lot owner. (c) Maintain, control and repair the Vista area and the bulkhead, and to assess equitably any costs against each lot owner. (d) Enforce.thes,e covenants. omit Section 10 in its entirety and insert in lieu thereof the followings • 10. Each property owner agrees to connect with and use the Town of oriental water system under the provision set out therefor. Omit Section 11 in its entirety. Omit Section 15 in its entirety and insert ir,, lieu, thereof the following: 15. Before a pier can be built on the Vista area, the .plsns and location must be approved in writing by the.Homeowners Association of Windward Shores, section I. The ownership and use of the pier shall be restricted to those who contribute to the construction and maintenance of such pier. Any property owner within the subdivision shall have the right to pay his pro-rata part of the cost and maintenance of such pier and thereby be entitled to his pro-rata ownership of such pier and use of the same for himself, his family and guests. omit Section 16 in its entirety. In all other respects the Covenants and each and every Provision thereof is confirmed. IN WITNESS WHRMP, each Declarant has hereunto set his hand and adopted as his seal the typewritten word "SEAL" appearing beside his name, the day and year first above written. 2005-05-06 16:21 (252) 745-7020 Pamlico County ROD P 1/13 0320 0539 t2u$ pmupMOW W Ur" mum NORTH CAROLINA am R• arms ►�Id.r Of aww PA{�H.ICO COUNTY THIS DEED, Made and entered into this 3rd day of March, 1997, by and between CARL B. SPANOLHR, divorced, hereinafter called 'grantor', and aMST C. DUNN, JR. and wile, NARY CLYDE T. DUNN, 5007 Topsail Drive, Oriental, North Carolina 28571, hereinafter called "granges"; WI10AaaIT$s That grantor, for and in co-taideration of the sum of ten dollars and other good and valuable considerations to him in hand paid, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey to the said Ernest C. Dann, Jr. and wife, Nary Clyde T. Dann, and their heirs and assigns, a certain tract or parcel of land in the Town of Oriental, Number Two (2) Township, Yalmlico County, North Carolina, particularly demoribed as followax Being all of Lot Number Forty -Two (42) of the Sea vista subdivision, WINDWARD SHORES AREA, GRMON I, as shown a an the map prepared by Rivers l Associates, Inc., C.E., dated May 19, 1970, and recorded in Nap Book 5 at page 34, Pamlico County Registry. H This conveyance is made subject to Restrictive Covenants recorded in Book 157 at page 327r Pamlico County Registry, and the amandmat to restrictions recorded in Book 264 at page 955 and Book 272 at page • w 129, e! said registry_ Said lot was conveyed to grantor by dead dated January 25, 1988, recorded in Book 250 at page 496, Pamlico County Registry. To HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances tberounto belonging to the said Ernest C. Dunn, Jr. and wife, Vary Clyde T. Dunn and their heirs and assigns, in fee simple forever. And grantor, for himself, his executors and administrators, covenant with grantees and their heirs and 0` assigns, that he is seized of said premises in fee; that he has a perfect right to convey the same in fee simple; that the slime are free and cie&r of all encumbrances whatsoever, except those o hersinabove stated; and that he will warrant and defend the title Q to the same against the lawful claims of all persona whomsoever. iN TESTIMONY WHEREOF', grantor has hereunto set his hand and adopted as his seal the typewritten word 'SEAL* appearing beside his nays, the day and year first abova written. f Murw> a 4C-.1 kUO%giajaiv+,S le may I 2005-05-06 16:21 (252),745-7020 Pamlico County ROD P 2/13 �••..'r� g�alM.��� _ r }. trk.y�r.ti�-.c,';'ty;:i": 'i.'� i. yi a�.+�' eta ; too, N„�.H,.�ar M. tiWt, ,�'�* Area . rz � u F.RRTARSD !Y1 Is H• T'AFT, JR,o A1'WO RY 157 m 327 110RT11 CAit4UA IfA WSTA WINDWARD SHOUT AR lANLIp4 CODHIY VEN T NNINO YV11 M JMD JNOW ALL OIN RY.THBBR P9961INTS, that THE DOLPHIN COMPANY Of ORIENTAL, corporation franthiaed'and operating under the Lava of the State of North Carolina, with its principal office in the City of C resovills, North Carolina, does hereby covenant and agree. to and with all other parsons, fins, or. cort+era tions now owning or hereafter acquiring as owners any lot or parcel of land in the eras designated or located in or near the Towq of Orlentel, Pamlico County, North Carolina, 'known as Lots Nos. ons (1) through Forty-eight (46) as shown on nap of Sea Vista Subdivision, WINDWARD SHORES AREA, SECTION 1, dated may 19, 1970, and recorded in Nap nook J—, Pago JL�L-, of She Pamlico County Registry said lot& are hereby subjected to the following covenants and restrictions *a to the use thereof, running with the land by whomsoever owned, to -vita 1. 'these covenegtt are to nr -*-I- "he land and sball be binding on all parties and person& claiming under thaw until January 1, 1990, at which time said eovenauts shall be aut"Atieslly extended for succesetva'periods of tea years unless by vote of a majority of the thin owners of the lots, it is agreed to change said covenants in whole or in part. 2. If the parties hereto or any of then or their heirs, suecassors, or. ssaigne, *hall violate or attempt to violate any of the covenants her*tn, it shall be lawful for any other person or persons *wning any rest property situated in said developmont or subdivision to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and either to prevent him or that from so doing or to recover damages or other dues for such violation except the party of the first part to specifically excluded' from any liability for damages. ' i 9. Invalidation of any one of these covegante-by judgment or court order shall in no via* affect any other of the provisions which *hall ramain in full force and effect. 4. No structure shall be erected, placed or p4 mitten to remain on any residential plot other than one detached single family dwellinn And other outbuildings incidental to the residential use of the plot. Nn structure of any type &ha►l be started on any of the above described lots until the plans of such structure and the plot plan showing the location of such structure has Loan designed or approved by a Licensed Architect doing business in Gssto North Carolina or'by The Dolphin Company of Oriental, its successors or designee&. Such approval in either event must be in writing. There is excepted frog this provision Lot No. 6. S. No building shall be located on any residential building plot neater to this front lot line or the roar lot line than the minimum building setback line as shown on satd plat. No building except detached garage or *that out, building located within 35 feet of the minimise building setback line on the cul-de-sac drive side of any lot shall be located nearer than 10 fast to -any old• lot line, , 6. None of the platted late shall be reduced in *is& in any manner exce where they are incorporated into other lots which would constitute nn increae in the overall site of the late )rather than a decrease in such size. 7. The right-of-ways SO fast in width that run from the 60-foot streets to a cut -do -sac shall be deemed as public roods. The Dolphin Coeapany of Oriental shall have the right to extend the easement therefor. if necessary, S feet on'*&eh aide thereof. Mill .;.'4 v I i,r rT )f;.N ��� M• i� i ,,�{ y1��., c�, v 1. 'V n� r i ':�,`.�M#n ADJACENT R PARLAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to ��j�{%S� C, �jNN°r/C,��Is (Name of Property Owner) (Lot, Bloc}:, Road, etc.) on f� l/SL /�4y R In 6�X/L7 W ,T L (�Vaterbody) (Town andlor- County) He has described to me as sho�tn below, the development he is proposing at that location • ��d, I-t;bjecuons o is prop a.. DESCRIPTION ANDIOR DRAWLN-C OT PROPOSED DEVELOPMENT (To be filled in by in(Iii-idcral proposing dei-eloprnent) kih114 � r Aa r r� -,, / r rlflt9L — 69K /17- /'0/ ` SC/1«- TP&- ����G s Tim,v r-Ro�I -------------- ---------------------- -- ------------------------ � C Siona[ure aW GLd �G► �t.�rt�,. _ Att .6 Dzao Pnnt or Typc Nam: Telcphone Numher Zr/� a,�.�- ,cs.u� .moo' ��vd GZLcc�� via owti ��e�°'aa% !�'A �r uir�Gea ��m;c�-,� ems' �f � w� a�-r�'r ,� �iJ-( a�.e per-��G,.,T.� �`�" z1e• ,���� � ^,DJACEL I, lUhU- - LAN PROPERTY OtiVN'-ER STATE-NLE�-T t(,a: I U �r: ent CO ��/// Sr (.i����1� d/ll,�S (Name of Property Owner) C. (Waterbod}) (ToF�n and/or County) he is proposing ar ma: i� anon, no IS IU 'r.;s L,.jp�,... ION AND Ul: bi::\\\ L ,' OF PROPOSED DEVELOPMENT T� b� f!.`.r ... :! proposing clevelopinent) GuA/C� /9 fi/4:-,/r 5-YsA17 To Ch'Z-*7 Y L o 11e) UIkZaxxo c V' c /t06 W c�RpoR�� �G n CrJ Osborne Avenue & Old Country Road Riverhead, New York 11901 (516) 369-5900 A-DjACENT R.IP,4UUA-N PROPERTY O�VNER STATEMENT reb; _ airy that I ov.n propert, a jacent to k/�jU�S% C,[>/y/�/�1�, (Name of Property Owner) (Lot, Block, Road, etc.) 1n L/��Z �1 T/� L by N.C. (Waterbody) (Town and/or County) has dc"S nbed Lu Inc: as sho�4n bc,o�ti, Lne development he is proposing at that location, � , , I ,.,. e no ob�-cuons to h,s proposal. llE1CI:II'I IO\' AND UI: DRA LNG OF PROPOSED DEVELOPMENT (To ,iJ!,�: /;roposino r'_:-elopmeni) - � y 8 %/( / 1-�Z, 1--I0 /,/LZ-' j Si -nature z PnnL o, T; p N<ic,: i elzphone Number — --- OTECTIO p Osborne Avenue & Old Country Road Riverhead, New York 11901 (516) 369-5900 c, . O a w Q�%.pTECTJ�� f O�'.G '%RPORo�"" n Osborne Avenue & Old Country Road Riverhead, New York 11901 (516)369-5900 A-DJACENTI, RIPAJUA-N PROPERTY OW-INER STATENIENT I hercb} certify that I o vn property adjacent to -5TC (/(I/1/ j.r%� ' (Name of Property Owner) (Lot, Block, Road, etc.) on in OXIE d% T/� �- (tiVaterbod�) (Town and/or County) He has descnbed to me as sho\�n below, the development he is proposing at that location • an,d, I } n >ctions to tils prop /fie J� -------------------------------------- DESCRIFYfION AI\'D!OR DRAWLNG &F PROPOSED DEVELOPMENT (To be filled in by ily(/i"idlol proposing developrrzeno k/hyz- /�6; 7-,4=,olle1v T TirllYL TP&- ,��� �c 5 T�� U r- RO 4I ,�7y/.5 T/16)6 /6/�- /tip % � S /7a If Q.Z �G�Q�zPllit-� /J l fi I b)g O� ------------- Signature A2 ,4 /foS2— Pnnt or T)pc Nam: TelcpiIone Number a ;Z�6 /,�.�G�L zm 1-4 — �ia GU�u/,( Q�Gm,c� f�-��„� �✓ (1 �O�"-` �axe v UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • (.J 111�,111111,�t�1',111{ „'1',�1,1111I11,{,,,►►I,I,,,Idill tiIII ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: /2�� hrn� ST A. Si- X ❑ Agent ❑ Addressee B. Received by (Prf ted Name) r,_7__ Date of Delive/s-Z7 D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. S iservi a Type Ified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7004 1350 0001 6536 9527 (Transfer from servfce label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540: CERTIFIED MAILT. RECEIPT ru Ln (Domestic Mail Only, No huOranee Coverage Provided) frl Foedellvery Information al visit our website at n ( y d a L.n Postage $ 90.37 D Certified Fee $2.30 0571 D D Return Reciept Fee 03 Postmark Here f1.75 (Endorsement Required) D Lr1 Restricted Delivery Fee (Endorsement Required) $0.00 f rR Total Postage & Fees $ $4.42 02/11/2005 Sent To D ----------------------------------------------------------------------- 3`treet, ApE No.; or PO Box No. - - - - ---------------------------------------------------------- Cfty, Sfete. 27Pr4 ---------------- ales t I ,;j; :)'I 'I, posta lids rJi -ed sel vIces or, Thank v(,u for loutbusiness - ADJACENT REPARIAti' PROPERTY OWNER STATUN ENT I hereby certify that I own property adjacent to 4 ggw ST Ci &X'4vd'r ,f//l,'S (Name of Property Owner) property located at do K"- To/o (Lot, Block, Road, etc.) / on /1�/=//S'l= %1�I�G-/r In ��- /t1/�/j� ��}/%7L- 1G D, 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. DESCRIPTION AN-DI/OR DRAWL" G OF PROPOSED DEVELOPMENT (To be filled in by indt'v dual proposing development) nwkNT SYs74,v Ta c'J'z 's, w'q rl=R / & ,90/Vr 4 ir= T lyt?9-11 /7P,0c A Ta C19V Gu /�TL-:X 7-'9 5�'va y Signature Pr;nt or Type Name Telephone Number ADJACENT RIPARIAN PROPERTY OWNER STATEINLENT I hereby certify that I own property adjacent to ,�/(��5� Ci )V/m4g, ' /Q Is ('Name of Property Owner) property located at e4 TO g.? -.z17 — 1712 i0l (Lot, Block, Road, etc.) or, in Q/Q&= AI W L 0 !f %Ll�} G(J 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. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (To beflled irz by inditi'idual proposirzo development) Ii T TXiyL T RI41 ��� �� S Tiz v r- Ro 1I Signature Print or Type Nam, - Telephone Number From: Miriam Prescott To: STEVEN Date: 5/6/2005 Time: 2:29:26 PM Page 1 of 2 Pamlico County Tax Office P.O. Box 538 Bayboro, NC 28515 To: STEVEN From: Miriam Prescott Fax #: 12522473330 Fax #: (252) 745-4042 Company: Tel #: (252) 745-3791 Subject: Sent: 5/6/2005 at 2:29:24 PM Pages: 2 (including cover) MESSAGE: A1q y 40 �°car From: Miriam Prescott To: STEVEN a Date: 5/6/2005 Time: 2:29:26 PM Page 2 of 2 t is FROM MY BLANKEE PHONE NO. : 516 921 4165 Jun. 01 2005 07:28AM P1 AI A (�I iti'T 'AI2Y.=-�,' PROPERTY OWNTER STATENMIN i he-ct�y certify that I ow 1 property adjacent to Game of Property Owner) (t✓0t, Block, Road, etc.) (Waterbody) (Town and/or County) He has described CO me as brlo%v, the development he is proposing at that location, r;:SvC n0 obj, iot,s to 'r', s prcrpc:s: i. DLSCRIYI-PION AND/OR DRA14 LNG OF i'ROPOSED DEVELOPNIENT (To be filled it, by ircdividua( proposing deVE10prrIertt) i�e �� ��%�; i �� x �z � rye= � i FROM :CBWS ORIENTAL FAX NO. :2522492663 May. 27 2005 08:19AM P4 pROPER ry STATENfLNT - ad. ,,jc.j ty jactot I h,;Cej)Y ct�lufy LhUt pUj(Name of PropeCty Owrt") -AT4L on ELI (To %v n and/or — Iwo,. County) ,t that location, -.hbe)j to (Tj,�?.s p f)IC(It he S j)j"0p05j1j17 shu"VT) bcloW, Lh to hip and, ----------- -- --- ---- ------------------------ '�)!C)R J-)KAWENG Of PROP()Sf"D T)EVF'LOPMENT ) (7*0 in by "11(lividual propo del,clopment 11"IF T Y- A/ d A 8 ivI TY FROM :CBWS ORIENTAL FAX NO. :2522492663 May. 27 2005 09:19AM P3 ALA l AC::k:NT P-11' .R'AN PIWTIER'I Y S['AT ENTENT [ he r�.t,y ecrtify that } owt, property adjacent (o(Ns,rne of P rop�rty Owner') n Road, etc,) 00 � ('I'own and/or County) ale h:[:t cle.sctihrtl [o tttd as Shown t')e.low, the develop gje(j( he is proposin; at that locitrion, and, i,aVr 1)Q oi.))ectio(IS to his— ... 1>i:S<'}:tl''1 IU�i p'tpl(:)R. [>Rf NYL--NG Qk: YI:UI'US1=1) D17VELOPMENT (7u be filler! in 6� tnclitfc!!.�n! E�rnpo.5irt�; d�retc�pme ) j Gf� �/v r X i Xll �J PrintPrintQr T i'y �,tr FROM :CBWS ORIENTAL FAX NO. :2522492663 May. 27 2005 Oe:19AM P2 -ER Sawl'ELIAEN ADJACULN-F jU-PA),.K1AN I)ROPERT Y 0��rjsq L T CiWf) picipei-ty adjacent LO (Name of Property Owner) (i,ot, Block, Road, ek--) ZXA�l 6-r. on . Wntfn-bod)-) (Town and/0'r Comity) U,;J-w, the developincoi he is, proposing at that Iocati(Dri, 0 havc nu Lo Ill's pi-opos. ----------- ........... -------------- ---------------------------------------- ----------------------- 1'1()IN i�NWOR Dt"I'ANVI-NG ()F PROPOSED DLVJCI..0PN1LN'J- (71) befilLe! ,'It b-, :,whvid-1101 development) 1?x, 'x- IV/ TH &7,9r,4 V117 j(7(j�kft] 1'e 0 42,k f Print ut Typt: Name u FROM :CBWS ORIENTAL FAX NO. :2522492663 May. 27 2005 08:18AM P1 AI),1A(_:I N 1:' }.:1�'t11�l�iti' k'�tU�.'FYZ'1'Y' UtiirNT�It S'Ir��F1rEN'1� 1 he.teby Ccrtity that I cnvn prul:!erty adjacent to (Na mc or Property Owner) pmp,I ITi llx:a:tti•�l il'. �i�•�`. %�_.... /•�r. r, ��_.._ ., .f: �F' �._..� ......- (l...bt, l;lucl,, Road, c1c.,)�-- N,L. Oil � (Watcrbody) (Town and/or County) f 1C ll�t, C�cSCflh�t, t0 Illr il'i s110wi1 tg;jow, the development he is proposing at that locat'iori, ,uld, I ll;lv:: nu to }:is proles:,;! pP PROPOSED DL•:.10PMU (To he frlled in 1)�, i„diviilual proposin. developrnerzt) c ��n,.tture