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Home My WebLink About42312D - Gould CAMA/ DREDGE & FILL N? II i V E RAL PERMIT Previous permit# ,d/j� New Modification Complete Reissue Partial Reissue Date previous permit issued ,ej/ zed bythe Stated North Carolina, Department of Environment and Natural Resources /J ..7 )astal Resources Commission in an area of environmental concern pursuant to ISA NCAC(n. 1 Name Al 5�) •ot(L 15-1(5thii glkules attached. � � � ,� Project Location: County �ty/,{� /7',47(140)/e, '7 Z5 /47 f/S*?I,,&1 Ci2 P'e p,e . Street Address/State Road/Lot#(s) 73/6 ,/.s/! /L/'//ftJ(Tv/1/ State A/C ZIP 2gTQ g CIeek )' . (P/d)616" oap 7 Fax# ( ) Subdivision CQ i / — / /*5 t5"Are S d Agent AVA City f�()/L if //��. re,t1 ZIP Z /�CW I EW PTA AES H PTS Phone# ( 9 6d/Q) (� — k27River Basin rif,/ 'OEA HHF IH iUBA N/A Adj.Wtr. Body �O&JE C.a t/ - (nat In PWS: ❑FC: �" es / no PNA C)/ no Crit.Hab. yes / no Closest Maj.Wtr. Body l�K/ Project/Activity //ff,4 re/0.4.41D G 6 X1Ciii /VS771-z.L Vie,,/ (Scale: A./j <)length i./ /I 0 Ca CoAc741- INA-QS/f emit-y/ — _) lax /6 I 1 r(s) _ _ i gth j.� E i L�t i fiber T ' s i N V/� 1 f Riprap length '- I Y/ ye/ distance offshore — 6/ 10 i i distance offshore innel --r I l V/" f ,',',1 4'`�— ' ,/15�' 1 IA e/Boatlift — } P ' \k. Ildozing r .... \k/ 1 V \I,/ \i/ t I i i I \fr Length /2 G Y 1!not sure yes 0 I Y V/ not sure yes ��I y --- im: n/a yes W✓ ice..- - I yes Pld I/G cached: yes 0 / " �/yy,�/ y n g permit may be required by: JUG/ r//l/1/61U'` CO , I See note on back regarding River Basin ru HUti-L I-LUUtS ilLL) UtS;LU Hi] NIIU H tt o r n e y - K i s k flg n t r Hn NU, d 1 U I yti 1 1�I r, U I/U 1 IY. i, Nfl • v 1 1 NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P.BURPEAU SHARONJ. HUFFMAN Deputy County Attorney Assistant County Attorney August 26, 2008 Ms. Susan Byrd 7316 Fisherman Creek Drive Wilmington, NC 28405 RE: Marsh Crossing Dear Ms. Byrd, New Hanover County shall not,for CAMA purposes, raise any objection as a property owner to your crossing the marsh adjoining the above referenced lot to install a kayak walk to the banks of Howe Creek. You must obtain all required Federal,State and local permits. Sincerely, a.•- Kemp Bu peau Deputy County Attorney KB/md - • • - FROr3 : FA:; N0. Aug. 27 2002 10:48AM P1 „AMEN1 MINIMUM 0 W -R r1OWE5 CREEK r�� 573 3�,54•w 51TE J►, Nt�_ '"-- �w 0 LOCATION MAP ��(/ n mor'coScntF c•i v NOTES: Y 1. NS LOT IS LOCATED IN ZONES "C. do "A-10' (EL 11) g ACCORDING TO THE FEDERAL E)ERCEl1CY MANAGEMENT 8 ACENCYS FLOOD NSURANCE RATE MAP. COMMUNITY a, a PANEL MASER 370I68 0045 E. DATED[ 9-3-92 • m 2- AREA= 0.80 AC.± o n 3. RATIO OF PRECISION = 1:10,000 -4. n �271. S4 L_EEN C� '� ,� N 0 EXISTING IRON o p SET IRON ` O EXISTING MONUMENT (25R1 v, . • . ' Or� �E ' (CONTROL POINT) ✓ . • w/ • • *i TOr/_,uf AHO 0EO Y k„• aC4 'I) w. °f• RECEIVED • • • , it DCM WILMINGTON, NC • en a es MPOR04 XI AUG 1 1 2008 1-4' IY AV uITuTY EASE T--- -- -- — — in ! .r • •00 gyp' N85.41.41 .w Klve l -~0"4j9a9 49 Ff5 4 ERMAN CR60 K p8, Aso R/") S'.RECEIVED 2-52 —)7... -4t- _ Tomes• D 3 28 37. !!. E C".' DCM WILMINGTnN, Q SURVEY AUG 2 4 2007 EXCLUSIVELY FOR Za W(�ANG1LL t- CDN I S . INC _ 26R VANTAGE POINT O'q AS RECORDED IN MAP ...n 42.c PAGE A THENEWTM HANO�TH�CAROUNA .,ddtHNtlt$ag,,. 'RA-i G ygi) /Cocad 7 3/6 rf/, / '7 3 A Co Trtiz_4, 0 11O, c24, .11_L__t&10 /14 _/ 414- - G \k RECEIVE DCM WILMINGTOI AUG 2 4 200i DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Ayso, �' / c Name of Individual Applying For Permit: �b� oU �D uSiil n y� Address of Property: 73/4, FiSJPcm#,' (A-eik _Pei v� (Lot or Street#, Street or Road) kic.4 i/ 6 r p (,L, , f 10.,a v{? e., Al C . �' k (Cityand County)ty ._.. _ ___ I hereby certify that I own property adjacent to the above-referenced property. The individi applying for this permit has described to me as shown on the attached drawing the development tt are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coas Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7: within 10 days of receipt of this notice. No response is considered the same as no objectio you have been notified by Certified Mail. WAIVER SECTION I understand that a pier,dock, mooring pilings,breakwater,boat house or boat lift must bi bck a minimum distance of 15' from my area of riparian access-unless waived by me. (If wish to waive the setback,you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. waive the 15' setback requirement. �._. I do not wish to q Sign Name Da S A .A Print Name DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM • r Name of Individual Applying For Permit: At yso,v .Ces- scut / .Cus 4-vj4,.,„ 11 c Address of Property: 73/4 1 s 1 i £a_4( Q►I,6 (Lot or Street#, Street or Road) 4//G,GJ/J srp,v iVetv /,•. A)-r- Ye --(City and County)- I hereby certify that I own property adjacent to the above-referenced property. The individi applying for this permit has described to me as shown on the attached drawing the development tr are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coas Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7: within 10 days of receipt of this notice. No response is considered the same as no objectio you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings,breakwater,boat house or boat lift must bi bck a minimum distance of 15' from my area of riparian access-unless waived by me. (If wish to waive the setback,you must initial the appropriate blank below.) I do wish to'waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. • ame Date (?Lkfo I U// 1:!`; l4 G 3/6 / /S Oue ' L r . <Apo (tz. 771,1,,j3:D g5L JI_k_e&ICD RECEIVED RECEIVE DCM WILMINGTON, NC DCM WILMINGTC AUG 1 1 2008 MAY 3 0 20C II • 11'IiIiiii1 IIII 069836 FOR REGISTRATION REG1sTER OF DEEDS REBECCFa P. SPIITH NEW HANOVER COUNTY. NC 2006 DEC 20 04,28:01 PM BK:5120 P6:2040-2043 FEE:$20,00 INSTRUMENZ 2006069835 Drawn by: Eugene B. Davis,Jr., P.C., Attorney at Law 2030 Eastwood Road, Suite#6 Wilmington, NC 28403 _ Parcel No. R044 8-005-018i000_ . Return to: Eugene B. Davis, Jr. Stamps: $-0- � STATE OF NORTH CAROLINA WARRANTY DEED COUNTY OF NEW HANOVER BRIEF DESCRIPTION FOR THE INDEX:Lot 26R, Section 1, Vantage Point @ Covil Estates THIS DEED,made and entered into as of the 15 day of December, 2006, by and between ALYSON LEE GOULD, unmarried and SUSAN A BYRD, unmarried, (herein"Grantor"), party Df the first part; and ALYSON LEE GOULD,unmarried and SUSAN A BYRD, unmarried, as joint tenants with right of survivorship, (hereinafter called"Grantee") party of the second part, whose mailing address is: 7316 Fisherman Creek Drive, Wilmington, NC 28405 (whether one or more persons, firms, or corporations). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT the said Grantor, in consideration of the sum of TEN($10.00)DOLLARS, and other good and valuable considerations paid to him, receipt of which is hereby acknowledged,has bargained and sold, and by these presents does hereby grant,bargain, sell and convey unto the said Grantee, all of those certain tracts or parcels of land, located in NEW HANOVER County, North Carolina, and being more particularly described as follows: SFF ATTACHED) FXHTRIT "A" -Appurtenances thereunto belonging, or in anywise appertaining unto the said Grantee, in fee simple, FOREVER, AND said Grantor covenants with the Grantee that the Grantor is seized in fee simple of the above granted and described premises, and has good right to sell and convey the same in fee simple, that the title is marketable and free and clear of all encumbrances, except as herein set forth, and that said Grantor will WARRANT AND DEFEND the title to the same against the lawful claims and demands of any and all persons whomsoever except for following exceptions: ad valorem taxes for thi current tax year and subsequent years ad valorem taxes; the provisions of all applicable zoning and land use ordinances, statutes and regulations; and all applicable restrictive covenants and easements o: record, IN TESTIMONY WHEREOF,each Grantor has hereunto set forth his/her hand and adopted as his/her seal the word ("SEAL") appearing after his/her typed name, all as of the day and year first above written. AL EE GOULD (SEA SUSAN A. BYRD STATE OF NORTH CAROLINA COUNTY 0/ NEW HANOVER I, Lfghy ( ici i , a Notary Public for the aforesaid County and State, hereby certify that ALYSON LEE GOULD and SUSAN A. BYRD personally appeared befot me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and seal this /5 day of December, 2006. GPNY D, Notary My Commission Expires: ial Seal) `z: -it,- aCe7 I {Z ,O GBL1G ' STATE OF NORTH CAROLINA Orfrch OUN� COUNTY OFF „." The foregoing certificate(s) of , a Notary Public, is/are Exhibit "A" BEING all of Lot 26R, Section 1, Vantage Point at Covil Estates, as the same is shown on the map entitled, "Revision of Lots 15, 21, 22, 8, 24 thru 31 Section 1, Vantage Point at Covil Estates", as recorded in Map Book 38, Page 203 of the New Hanover County Registry, to which map reference is - hereby made for a more particular description. - SUBJECT TO the Declaration of Covenants, Conditions and Restrictions of VANTAGAE POINT AT COVIL ESTATES HOA, INC as recorded in Book 1914 at page 242 of the New Hanover County Registry, and any amendments thereto recorded in the New Hanover County Registry. TOGETHER WITH the rights of ingress, egress and regress over all roads, streets and rights of way shown on the plat recorded in map Book 36 at Page 38 of the New Hanover County Registry. Map Output S-- t(cit-iV -F Yie P Page 1 e New Hanover Co., NC • pp• Y� F } - y t Ilk ..1' --.„.., . ..--7----- _..: A.t. A 1 (. 4 4:11, :1ir' '*I4rrb'i i - - j „tire,. .,,... ....„., ..4 1 4 • ...A, . s _ ... , ' fia, — r - i }' I♦t Jy _ M i M �r flit% " .. } - 3 , - ^.'a • r', 'tea }l . \c__ , . .. } ..J.L = , • i s mil, !. 4 _ T • e G a�4i itit +1rE '• I IVV I.I (..VVV M.A./ VV•ITV 1111 III IV 11Y Y VI ISO 111 311 116 MY 11111 IIVI VIV IVV IIVI I I VI/ VI rIV•4, • 6*r J ;r s 1 I •`MrvY,I d^ NEW HANOVER COUNTY WANDA M. COPLEY County Attorney KEMP P.BURPEAU SHARONJ. HUFFMAN Deputy County Attorney Assistant County Attorney August 26,2008 Ms.Susan Byrd 7316 Fisherman Creek Drive Wilmington,NC 28405 RE: Marsh Crossing Dear Ms. Byrd, New Hanover County shall not,for CAMA purposes,raise any objection as a property owner to your crossing the marsh adjoining the above referenced lot to install a kayak walk to the banks of Howe Creek. You must obtain all required Federal,State and local permits. Sincerely, /Juaa� Kemp Bu peau Deputy County Attorney KB/md LJ1viJ1VtN VI l Vl�JLtIL 1v1ti1V i J1 1vLt iv i ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: i .OA/ .IFE (,ou G D/ Q 14/4 n AIR Address of Property: 7 3/6 Ak2 a-7 / (A-e-e-k DE I v (Lot or Street#, Street or Road) ro .0 </L ) I1,4el ye . k (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individi applying for this permit has described to me as shown on the attached drawing the development th are proposing. A description or drawing, with dimensions, should be provided with this letter. I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coas Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7: within 10 days of receipt of this notice. No response is considered the same as no objectioi you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings,breakwater, boat house or boat lift must bf bck a minimum distance of 15' from my area of riparian access- unless waived by me. (If wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. .? 05 Sign Name Da - / 2<S Print Name DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Individual Applying For Permit: /P.W*04 ,(re" c4ii.1_/ /£c,i-y4, . 1 <. Address of Property: 73/4 As Ltr777-w .DRl`4 (Lot or Street#, Street or Road) !N/4,0/4/62-0N1 0A/ecrl i/.4o,...,z n J,r. ayo __._. _- ---------(City and County).._..._._, . _---_ I hereby certify that I own property adjacent to the above-referenced property. The individl applying for this permit has described to me as shown on the attached drawing the development th are proposing. A description or drawing, with dimensions, should be provided with this letter. OfiXI have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coas Management, 127 Cardinal Drive Extension, Wilmington, NC 28405 or call 910-796-7,, within 10 days of receipt of this notice. No response is considered the same as no objectio you have been notified by Certified Mail. . WAIVER SECTION I understand that a pier, dock, mooring pilings,breakwater,boat house or boat lift must bi bck a minimum distance of 15' from my area of riparian access-unless waived by me. (If wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. L ?a_rik_. S me Date (fk1 2 /iUJ77___ AWA :ality NEW HANOVER COUNTY Permit Number tan Hazard Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other - (For official use only) ---_, ENERAL INFORMATION I Mir! r ?O f4 ND OWNER ( IF3Y: i\) nL1 soo C-0 Ls6 dress --7 ) r ) e cryl iq i C 12. lek\) -C:- Y \ L M t vv \a N State Zip U JO S Phone —1 9 — 7. THORIZED AGENT 439ne dress Y State Zip Phone CATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront,what is the name of tl acent waterbody.) C 2 E4 k 9 3 i b e /riA 1V C 2 SCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) '�(.! t f} L)A C �; I LI" .1 [ 3` ;E OF LOT/PARCEL: 2 G square feet i g a acres OPOSED USE: Residential (Single-family Multi-family ) Commerical/Industrial Other_ TAL ENCLOSED FLOOR AREA OF A BUILDING LN THE OCEAN HAZARD AREA OF VIRONMENTAL CONCERN(AEC): square feet (includes all floors and roof covered dec E OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT-UPON SURFACES IN THE ASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN(AEC): square feet Iculations includes the area of the roof/drip line of all buildings,driveways,covered decks,concrete or masonry pa that are within the applicable AEC.)(Attach your calculations with the project drawing .) iose the AEC area that applies to your property: 5I within 75 feet of Normal High Water for the Estuarine Shoreline AEC (2)within 575 feet of Normal High Water for the Estuarine Shoreline AEC,adjacent to Outstanding Resource W: (3)within 30 feet of the Public Trust Shoreline AEC (Contact your Local Permit Officer if you are not sure which AEC applies to your property.) -HER PERMITS NIA).BE REQUIRED:The activity you are planning may require permits other than the CAMA minor development pc a service we have compiled a listing of the kinds of permits that might be required. \\'e suggest you check over the list with your LPO to ermine if any of these apply to your project.Zoning.Drinking Water Well,Septic Tank(or other sanitary waste treatment system).Burning. ctrical,Plumbing.Heating and Air Conditioning,Insulation and Energy Conservation. FIA Certification,Sand Dune.Sediment Control, xlivision Approval,Mobile Home Park Approval,Highway,Connection,and others. 'ATEMENT OF OWNERSHIP: he undersigned, an applicant for a CAMA minor development permit,being either the owner of property in an AE erson authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that t son listed as landowner on this application has a significant interest in the real property described therein. This in be described as: (check one) � d a Su sit. 41 f. j 5 .10 an Quarter or record title,Title is vested in n �4-, n the ctl 02-4 G , see Deed Boo {� �a 3 County Registry of Deeds. an owner by virtue of inheritance.Applicant is an heir to the estate of bate was in_ County. _if other interest,such as written contract or lease, explain below or use a separate sheet and attach to this applica TIFICATION OF ADJACENT PROPERTY OWNERS: rthermore certify that the following persons are owners of properties adjoining this property.I affirm that I have gi TUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA.permit. (Name) (Address)C6-4-.0 / /,.0< d RO X �A, u, N F/S�E rn G1�1 k , . G(/�c�,,.�ice, /7C tom , .t r. A /)G t DEVELOPERS IN OCEAN HAZARD AND ESTUARLNE HAZARD AREAS: nowledge that the land owner is aware that the proposed development is planned for an area which may be ptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular rd problems associated with this lot.This explanation was accompanied by recommendations conetaat loodproofmg techniques. DCM WILMINGTOI ?VIISSION TO ENTER ON LAND: MAY 3 0 200, hermore.certify that I am authorized to grant and do in fact grant permission to the local permit officer and his age :et on the aforementioned lands in connection with evaluating information related to this permit application. application includes: general information(this form),a site drawing as described on the back of this application, El rship statement,the AEC hazard notice where necessary,a check for$100.00 made payable to the locality,and an nation as may be provided orally by the applicant.The details of the annlicati(n 2c C r•„),P,a�,..+�,_�e 3 4 Lt y >l', If mai ii'ng ,p ease sen a . r ��\4EQ \, CERTIFIED MAIL 1� ct�� ,_ RETURN RECEIPT REQUEST - tk N. % ttSII* Da -fir 6 f 7 10 07 �`I r Dear -2�1 ci, (�A')( PA- nl .2 3 r A )-, k.Q-m- -.-- d_k 7D‘,- . This letter is to notify you, as an adjacelrt riparian landowner, that .gam 5 s� ye d 4- .S1 s A.^ /3' -y e-d plans to construct a� pi64 on their property, located at 7316 -d-- n",,C4_... . Pi--Ib.e.1 in UJ2-'- - -#ems —1 G ,„1 f.4,, 5— (The sketch on to reverse side accurately depicts the proposed construction) Should you have no objections to this proposal: Please place a check (✓) at the appropriate statement below, sign and date this letter and return to: i'ly► .1 -- as soon as possible. Should you have objections to this proposal, please send your written comments to: CAMA Local Permit Officer New Hanover County Inspections Department Zoning Division 230 Market Place Drive, Suite 110 / Wilmington, North Carolina, 28403 Comments will be considered up until the time of issuance of a permit. RECEIVED Sincerely, DCM WILMINGTON, -ki s i. d---'- -e 4AY 3 0 2007 VI have no objections to the project as presently proposed. I have objections to the project as presently proposed and have enclosed comments. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2,and 3.Also complete A. Spnature item,4 if Restricted Delivery is desired. _T • • Print your name and address on the reverse X',f(. 0�• ❑A. , so that we tan return the card to you. B. Received by(Printed •1a •. Date of D ',^, ■ Attach this card to the back of the mailpiece, -, 0 or on the front if space permits. C.`LL t? / ii It-A) 11� a S .., i 1. Article Addressed to: D. Is delivery addrg-ss different • ern 1? • r . If YES,enter df lit qr a „�,`_ . ,. ■ • 0 / y Ceo I �` DCM WILMING A;('-- MAY 3 0 2007 •.`7.3 A. ?,s , .,.<. ('I 1 . 3. Service Type 0 Certified Mail 0 Express Mail g-4--, h•C' ❑ Registered 0 Return Receipt for Merchandise •v ❑ Insured Mail 0 C.O.D. `9-Si V-c•S - 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number 7006 2150 0003 0115 1419 (Transfer from service label) PS Form 381 1, February 2004 Domestic Return Receipt 102595-02-M-1540 S. Postal Service', U.S. Postal Service r,. ERTIFIED MAIL,,, RECEIPT CERTIFIED MAIL RE =Lr 'T omestic Mail Only;No Insurance(:overage Provided) (Domestic Mail Only;No Insurance Coverage Provided) delivery information visit our website r t w,,vw usps.comn • .n VII"V -, ,re ra For delivery information visit our website at www.usps.co,* r an �� IVE� •� — n ,, + �• •fir !)e •�} P r r i' 1 O Postage $ • ..f ti , G PDX Certified aECE$VL Return Receipt„�; 3 0 Loot rn a ePet t , Rl �� on e o o' t • rsement Requ l� Rsem R P�tmer.6'. ' ,e O (Endorsement Required) -' He 4, tricted Delivery Fee a con tJ ! p o N rsement Required) m Restricted Delivery ROAN( 0 Z�O7 T �' 3 v 0 p m (Endorsement Requir o s.o . al Postage&Fees $ V O • W. ill N O 0 Cel P v 0 r-1 Total Postage&Fees $ v en To �oNc `-` tci5 0 11tR,, Sent To ru o Ite a rt,Apt.No.; p M/ M S pA (.t•" `•,r, Box No. I tf 9'' O Street,Apt No.: y ''t ytl 9. R. State,ZIP+4 j�"pII.AG E or PO Box No. U S_PQSTAg E City,State,ZIP+4 .rm 3800.August 2006 See Reverse for Instructions PS Forte 3800.August 2006 See Reverse for Instructio SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete item,4 if Restricted Delivery is desired. / 0 Agent • Print your name and address on the reverse •�� . s � 0 Addressee so that we can return the card to you. B. , ved• ,t 1 Pri t-d Name) C. Date of Delivery • Attach this card to the back of the mailpiece, �/ 4.Z.Z s or on the front if space permits. D. Is de• _address different from item 1? ❑yes 1 Articles Aririroceari in• _ 4$OW E R 00 Oh., I. itt I 0 p 6.44,0: . ., 411 4.1k Of rri1 '4 A ,, 0.,.411.45.44W 4it J• 'n%�Y 1 i. J vF NOR REBECCA P. SMITH REGISTER OF DEEDS, i4EW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 Flied For Registration: 12/20/2006 04:28:01 PM Book: RE 5120 Page: 2040.2043 Document No.: 2006069835 DEED 4 PGS $20.00 Recorder: STORER, MARVIS ANN ate of North Carolina, County of New Hanover -- .....- r.1 W OV Ic A VITA! PART OF YOUR RECORDED DOCUMENT. IiEUORDEO AND VERIFIED !OOK1914 PAGE 242 MARY SUE COTS 'ATE OF NORTH CAROLINA REGISTER OF DEEDS NEW HANOVER CO. NC UNTY OF NEW HANOVER '95 Ma 14 fitti Il opt DECLARATION OF COVENANTS, CONDITIONS AND RF T ICTIONS OF VANTAGE POINT AT COVIL ESTATES HOA, INC. Q,THIS DECLARATION, made the �' i.,L day of � , by DALLAS HARRIS REAL ESTATE-CONSTRUCTION ' rth Carolina corporation, hereinafter referred to as "DeOclaraDnt" ; Whereas , Declarant is the owner of certain / nover County, North Carolina , which is moreproperty inNew scribed as follows : particularly BEING all of VANTAGE POINT at COVIL ESTATES, as the same is shown on a map thereof recorded in Map Book 34 , Page 332 in the Office of the Register of Deeds of New Hanover County, North Carolina , reference to which is hereby made for a more particular description. ,S NOW, THEREFORE, Declarant hereby declares that all of the Jperties described above shall be held, sold and conveyed subject the following easements, restrictions , covenants, and Zditions , which are for the purpose of protecting the .value and ;inability of , and which shall run with the real property and be lding on all parties having any right, title or interest in the scribed properties or any part thereof, their heirs , successors I assigns, and shall inure to the benefit of each owner thereof . ARTICLE I. 35 DEFINITIONS As used herein, the following terms shall mean: Section 1 . AaSOCIATION shall mean and refer to VANTAGE POINT COVIL ESTATES HOA, INC. a North Carolina non-profit poration, its successors �, . and assigns , the owners ' association anized for the mutual benefit and protection of the Properties . property owners of lots in VANTAGE POINT at COVIL ESTATES and adjoining areas hereafter developed and subjected to this laration, if any, shall be members of the Associating, ..,,.: _L bershin hail ,-,- ..______. • • BOox19i4 PACE 243 Section 5 . Property owned b CO ON AREA shall r the y the Association for the ean and refer to all owners . The Common Area to common real of e of the The be owned b use and Associationent timedtesignated as � Commoeyanceof the first Y the bellh at ESTATES, if any, Area"n on thelot shall all Count recorded or plat of VANTAGE POINT the area Y Registry, to be recorded in the l Section 6 , New Hanover upon the recorded. L shall mean and refer to any COVIL ESTATES, ow plat of any section of numbered lot or hereafter recorded in VANTAGE POINT shown ESTATES at County the New Hanover County Section 7 . )eve o er DECLA Aum shall iasculinewhich designations be used interchangeabl shall include Y with o Dul.rAS andHARRIS neuteras required by the context singular,mean 0DALLA REAL ESTATE-CONSTRUCTIONINCORPORATED, ) to mean Plural , and assigns, if such INCORPO and refer uccessors undeveloped successors assignsRAg, and its cquireevelop und, property from the Declarant for th seuod Section 8 , purpose of from time to timeL R TIOH shall mean t amended or this instrument supplemented, as it may Section 9 , MEMBERSHr ivilecti benefits, P shall mean e benefit f duties and obligationsand refer to the and burden each sio_c shallcion rights, member of theinure to Section 10 . Association, city who owns o EMBER shall mean one or more lots and refer T every personSTAor Section 11 . � in VANTAGE POINT at COVIL ESTATES, an additional COVIL f''S 'larant non-profit S E AM ITTFS r which corporationC shall mean and refer laran isshall own , maintain to be established lading the for the operation of the manage, s a ate to the TALE POINTtennis amenitiesand collect at pCOVILool , tennis court(s) , and clubhouse. Covil Estates, it Estates Amenities , HO1� lubhouse , litions Inc and � INC. , shallAll members of and restrictions, by-laws , be alsot be members of ?rs of lots in other y-laws subject to its covenants, ?ors subdivisions ' rules and regulations. of COVIL ESTATES AMENITIES, inN Covil The Estates shall also be Section 12 . INC. r to the �� chi ectural Declarant ReVie Committee r to review all , Developer or an shall mean and are to be submittedll plans, designsY committee that traction , by each and construction may be The Architectural o ,,,lot owner prior }� materials, id be lin,a„w �. • eooK1914 mu 244 a . The right of the Association to suspend the voting rights and privileges of an owner for any assessment against his lot remains uperiod during which any to exceed sixty (60 ) days for anypaid and. for a period not ractio rules and regulations , or this Declaration n of its published D. The right of the Association to mortgage or conve th Area or to dedicate or transfer all ory e Common Area , if any, to any public agency, part of the common such purposes and subject to such conditionsyaso may utbelagreed to by the members . No such dedication or transfer shall be effective until approved by a vote of at least two-thirds ( 2/3 ) of the members , excluding the developer, an instrument executed by the Association and recorded aind thin e New Hanover County Registry; The right of the Association to impose regulations for the use and enjoyment of the Common Area, if any, thereon, which regulations may further restrictdthe improvementsuse of the Common Area . ARTICLE III. EASEMENTS Section 1 . Perpetual , alienable easements are .cessary in the Properties and the Common Areas thereof reserved foas r Istallation and maintenance of underground facilities and drain cilities . age Section 2 . The Declarant reserves unto itself, d assigns, a perpetual , alienable and releasable leaseets ntSand ght of way, on, over and under the and erect, maintain, inspect, repair and use electric and telephone ground for men and equipment les , wires , cables , conduits itable equipment for the conveyance sand ause of ter nel licit , lephone equipment, gas , sewer, water or other enty, utilities on, public conveniences in or over each lot and such other areas as are )wn on the plats of the Properties recorded or to be recorded in office of the Register of Deeds of )vided further, that the Dpr,i a,-�„� New Hanover 0rn,►,+ 9OOK19J4 PACE 45 Section• 5 . Water Service communy water All lots shall bE� community system that will be provided through to the Any water tap fees and will be the responsibility all monthlyg Cape waterer y of each individual charges ARTICLE IV. M MBERS- I-P MD VOTING IGN'I'S Section 1 . Every y owner of a lot shall be separated from ownership of a nl be aPPurtenant to and member of and maythe Y lot . not be Section 2 . The Association shall have two MembeSectio classes of voting a • CLASS "��! - Class A members shall be all exception of the Declarant and shall be entitled lto ne vote for each lot owned. ano interest When more than one one members , in any lot, all such person holds The vote for such lot shall�ebeons shall bes they among themselves determine, exercised more than one hut inas ( 1 ) vote be cast with respeCt event shallot b. CLASS „F;,, : any lot. Class B member(s ) shall be the Declarant and shall be entitled to three Class B membership (3 ) votes for each Thess A shall cease and be convert owned. membership on the happening following events , whichever occurs earlierlther of the (1 ) when the total votes standing in Class the Class B membership, outstanding A membership equals the total votes p, or, in ( 2 ) on December 31 , 2000 . ARTICLE V. MANAGEMENT AND CONTROL Management of the ht and responsibility affairs of the Association shall h the t y of its Board__ of Di.rectors In the be h the o Declaration, and the Articleaccordance _ PROVIDED, HOWEVER, � and th_e_ B � Law= - the Board of Directors that all of the e and u the Z time asmay be eeresed_-..�,�, + , powers an duties 75% of • • toox 1914 PACE 246 ARTICLE VI COVES FOR ASSE�SmN Section 1 . Cr do ass sse t�. Each owner off t e ie nd Pe sonal Obli Whether or not it shall be so lot by ysecceptance ofther for , 7heth to a deedo nanrsfan pay to the Association: in such deed, covenants and • Annual assessments or charges in the initial sum per year to be paid quarter)per to time byquarterly, or otherwise of e75f . 0 the Board of as determined from assessments for Directors , ($330 . 00 assessments for VANTAGE POINT and of which are Covil Estates Amenities, Inc. ) , of which are Inc;. ) , and • Special assessments for capital improvements such assessments to be established and collected as hereinafter provided, and Insurance assessments as hereinafter provided. The annual , special and insurance assessments terest, costs , and reasonable attorneys' the land shall Y ' fees, ' together charge ainst whichand each assessmentcontinuingshall the a ty gather with interest, costs and reasonable lien upon property is made. Each such so be the personalnr obligation of the attorneys' assessment, sh lot at the time the person who was the owner Ligation for delinquent assessmentst shall not owner of fell due. The personal lers ' successors in title unless expressly pass to the lot Section 2 . fur assumed by them. Section 2. Se °f Assessme is . The assessments ;reation shall be used exclusivelyrlevied theby health, safety and welfare of to promote perties, for the improvement and maintenance ohe residents e lities and the Common Area, in the in the to pay the costs all easements, urred e on set performance of all dutiesand expenses forth in thisand obligations s and Laws , to pay ad valorem taxes assess Declaration, the to pay all expenses and costs incurred byArticles and against the Common Association for, administration and management of the perties including, but not limited to, those Association and ther employment of professionals, experts Costs incurred ifce riders as may determined to beanti .d of Directors, necessaryvthabr service -d mayThe funds arising or advisable by ther be used for any or all f from said assessmentsrpo or itenance and improvement of the common a following 'es , drainage and purposes : areas , st-roo+-.. 60QK1914 PAGE 247 • officer of the Association setting forth whether the a specified lot have been paid. assessments on a • From and after January 1 of the conveyance of the first lot to an ownear ,immediatelynual assessment may be increased each following the %) ayve the assessment for the not more than ten previous year without can vote t 0of the membership, except as herein provided. >• From and after January 1 of the y conveyance of the first lot toanr owner,l he maxi umlag athe nnual per assessment may be increased each year above ten by a vote of two-thirds (2/3 ) of the members who arecvotin10%)g in person or by proxy at a meeting duly called for this • The Board of Directors mayePurpose. amount not in excess of the assessment for the annual assessment at plus an increase of ten percent (10%) . previous year an Section 4 . Working Capital As essment, lot is conveyed to an owner, the owner shall contribute t At the time title to 3sociation as a working capital reserve an amount equal to threeree )nths of the current annual assessment which is a total of Ei h ty- vo Dollars and Fifty Cents ( $82 . 50 ) or whatever the current rate the time of conveyance would dictate. �lely for initial operatin Such funds shall be used ;sociation. Amounts g and capital expenses of the paid in the working capital fund are not to considered as advance rking capital funds advance payment of regular assessments . rking red to remaining at the end of theAnye and become part of the year may be sociation, at the discretion of the Board gofeDireco funds of the At the time title is conveyed to an owner, so contribute to the Association for use by' each owner shalla rking capital reserve in an Covil Estates a timated assessment for COVIL ESTATES A equal to a two months tar of Seventy Dollars AMENITIES, INC. , which is a :e at the time of conveyance .wou)ld dictate. S; or whatever the current du be �d solely for initial operatin -Such funds shall be sates Amenities, Inc. g and capital expenses of Covil anent g and are not to be considered as advance regular assessments . Any working capital funds mining at the end of the year may be transferred to and become -t of the general funds of COVIL ESTATES AMENITIES, INC. at the ;cretion of its Board of Directors . Section 5 . Special Asses e ition to rho for Cani t 1 dooKi9i4 mu % 48 Association be brought into contribution with insurance by members or their mortgagees . purchased Section 7 . InsurancP premiums on the Common Area for thebenefit of purchased bypolicy purchased the Board of Directors or its Associationnee and o payable by the Association as a result e of losses shall be common expenses and the nuall an Association shall levy against the ownersnrsance equally additional annual assessment., rein called provided for under Section, 3h above labd shale in l toe the amounts the annual cost of all such insurance ndffeduductt to pay premiumss and d ectibles , Section 8 . Sect; Se 3 and n e an_d quor um for any art-i written notice of anthe ; o,� n e purpose of taking any meeting called ur be sent 1nc1to any action authorized under Sections 3 or the all members not less than thirty ( 3 and 5 more than sixty (60 ) days in advance of the such meeting called, the � - 0) days nor presence of members or of proxies At the entitled to cast sixty per cent ( 60% ) of all the votes ofpr each lass of membership shall constitute a quorum. class of Section 9 . TJn ' form Rate of a and special assessments must be fixed at ssessment. Both annual uniform rate for all lots Ind may be collected on a monthly basis . Section 10 . c:omm ncement of teach lot shall commence upon the date of acceptancbyee annto for . deed from Declarant. Declarant shall not be required to ssessments on lots owned by the Declarant owner of etinestained for rental except for thoseylots d assess purposes for which Declarant shall pay reassessments which shall commence upon the date the same aintenance occupied by a tenant. Section 11 . Iiti ct of N pa one � the Associ atiot�. An -----ymn-t �AssessmE�ts and Remedies Sys after the due y assessment not paid within thirty date shall bear interest from the due date30) le highest rate allowable by law. The Association may :tion at law against the owner personally Ime, and/or foreclose the lien against the property bring an obligated to pay the ly other legal or equitable remedy available . and may pursuevd .ability for the assessments No owner may .abil Area, provided for herein by avoid Amenities or by abandoning his Lot. nonuse of the Section 12 . Subordinatio of t e the assessments Lien to Mort e, en of any first mnpided for herein shall be �„►,�r�; `_ The lien soOK1914 PACE 249 ARTICLE VII. MAINTENANCE BY ASSOCIATION The Association, at its expense iintaining, repairing and replacingshall be responsible ie storm water drainage system, the planting easement areasr Le e lines , P including pipes and ditches which retentionla ponds , the operties , except those constructed byare located on cated within individual lots . individual lot owners and ght to go onto the lots The Association shell have the intaining,h repairing and areasonable times for the d pipes whichr might be replacing all utilitypurpose linesof g located on such and drainage reby grants permission to the Association to lots; and his oh purposes , lot for In the event that such need placement (othervn thant such beingfor maintenance placement caused by repair or hail , explosion , riot, fire, lightning, motion, aircraft, riot attending a strike vehicles , and smoke, civilae tined and explained in North Carolina StandardtFire rerage Insurance Policies ) foregoing are reagent act of is caused g and Extended the owner, his family, through the willful , or t of such maintenance, replacement y' guests or invitees, tothe become a part of the assessment to°which asuch lot beir, shall added . withstanding the foregoing, the Association shall have recover through legalsubject. c e action the cost of the e sonablelacemen attornrepair, includingsuch maintenance,isan Y fees, interest, court costs and causing damage sto! the from those persons legally property of the Association . The Association shall maintain all Common Area , iwaYs , signage, plantings and shrubbery, TwayIted thereon, and lightingincluding boardwalks or walkways , �ation thereof fixtures and shallpay -alit including premiums allh costs of y insurance insuring the Association from tliiabed ilit i ownership and operation thereof. general y arising In order to enable the Association to accomplish e is hereby reserved to the Assnrii-; structed acc-' 1 the foregoing • sOOK1914 PAGE 250 Section 2 . )3 ' ldi roy 1 ,right to control and/or approve The Developer reserves the house or dwelling or other struureupon site and location of any furnished to the Developer or Architecturalny e prior the beginning t plan shall be tote beginningoofrcoistructi ndoanybuildinge plans , lot. All by the Developer or Architectural Review landscape r to the commencement of construction, so longplans must be approved any lot in the properties or any as the Developer shallown by supplemental declaration or amendment to additions annexed thereto No house shall be erected closer to the front lot ;declaration.ner any side line than the minimum distances established b �- -`�'— ---_ r nearer to y governmen_t`al agencies and ordinances .- applicable committee wi11�1iave final a The Architectural Review the development , approval-on any and all set backs within frontage shall be considered rtheo frontts, lote d ne. taken duringhaving the least the design of a corner lot residence, Care resent ben acceptable view of the residence from anyto and all streets . eSenc an Section 3 . Rui7dina_�c, No 400 �quare feet of heated floor space shall residence being fewer thand 2the nit has only one floor and fewer than 2800 square fee permitted, providing the he unit has two or more floors, c heks , garages, carports exclusive of Providing two car , and storage areas . porches, steps, garage must be constructed at theIn addition, at leaststructure s constructed. In the case where the heatede floor s the pace is - n ore than ten percent below the eveloper, Architectural Review Committee or set is - not out above, thes iY, at their option, approveits ��esigrated agents is in conformity the construction of the dwelling if ibdivision. Y with the general development of the Section 4 . All lots shall be limited to 6400 square fe pervious surface. Impervious surface >vered by structures and/or includes the total et'iveways or patios of brick, paved surfaces, including walkways , 1 of which constitutes effective slate or similar materials , ntrolled by North Carolina Coastal Storimpmwaters cover which is Regulations. Section 5 . No ns. concrete block, concrete ding, .aluminum siding, er used for the exterior of any block residence constructedbrick, asbestos paper composition may. ly conventional frame, brick, on teriors will be approvedwood, clay brick or any loco and authorized. stucco AiSection 6 . Except as provided in Secti nn -7 -- L_ le home , stnra,^ro 1-4 , , . Pam" ri�t�d' eooK1914 pm 25iLi t,t�.� 11 �. //. Section 11 . No advertisingsigns ns � 4 ki srected on any lot or displayed to the or bill. boards shall be Dne sign of not more than f i e—�gtrare base °n any lot, excepth builder/general contractor an listin th identify the toes not apply to signs erecte �,g age t'� This restriction advertise the subdivision as a whole.b � c11Jpe7� to dentify and Section 12 . All fuel tanks must be buried and are governed by :he rules , regulation and codes of the State and/or County. Section 13 . No storage receptacles may ny time . Each lot owner shall provide receptacles forexposed to view at ga 11 cans , carts and bags must be kept in a secured a ear angd not isible from the street except on garbage pick-up days . Section 14 . All water to be used in said subdivision for any urpose whatsoever shall be obtained from the ystem, unless other sources are a "community"Boardtof ealth and the owner of the "community" by the County of Y There shall e an easement for maintenance and repair around to each water meter onsisting of a circle with a radius of eight feet centered around he water meter. Lot owners may drill shallow wells for irrigation purposes and Dr non-domestic use, provided such wells are not visible from the :reet. Sewage disposal shall be only by tapping onto the County sewer rstem. Each lot is subjected to a sewer maintenance easement across .e front 10 feet of each lot. Section 15. No yard sales or garage sales shall he on any lot in this subdivision. No clothes permittee rmitted on any _lot, linE � shall be Section 16 . No noxious or offensive activity or maintained on any lot or part of any shall be carriedub 3e of any portion of saidy lot nor shall any use be noyance or nuisance to the neighborhood .which mayl be ors may become an main under their owners' control at all times.daAl and cats mustb used inside the residences . All pets must be :manent, will not be permitted. Dog runs , either temporary or al shall be kept: on the No domesticated farm animal or property. In the avo„+- BooK1914 au 252 be obligated for only those plans , plats and restrictions ons that are Section - - ._c_� 20 . ICLet- �ach lot must have a aved drivewa approved by the Architectural Review' ommi ee y locationa street parking for no fewer, _than -four.-.automobiles must be provided ) each lot prior to the occupancy of anyucteddon ;aid lot. residence constructed on Parking areas and driveways shall be constructed of ;oncrete, brick or any other material that might be approved b -th e eloper or Architectural Review Committee. Y a Section. 21�_ _ Construction must start within_four c ,tea I�� :he closing date and must be substantially completed w non___. �-_ the of 16 ) months of the original closingdate. 1�hln six eee pproved for occupancy, its exteior fini hed dwelling must be ompleted within that period. and landscaping ust also be completed in addition toother itemsveways , .mentionedeps d Within hese restrictions . within Section 22 . Lyindaw Covering imiSec materials hun • All drapes, curtains, or other isible from the outside of any building erected u o ows , or in any manner as to be of a white or neutral background material . p n any lot shall Section 23 . Fxterior Liaht . Lghts installed in anre All light bulbs and other hlocated iding or any lot shall be All or whiten the exterior of any Section 24 . AlttrAtigna. No person shall undertake, low any alteration of construction in or ninon Area except cause, or pt at the direction or upon any portion of then nsent of the Association. This restriction th tshall he pnot sapwplyto e Developer. apply to Section 25 . All mail and newspaper boxes shall be uniform sign. The design for mail and newspaper boxes shall be f Declarant. in urnished Section 26 . All construction shall be eloper and/or Architecturalew controlled b )mulgation of a document listing thel construction Committ esta Y the Ldelines and regulations . through _ standards, 'mSecSection 27 . No additions ti on any , modifications or alterations are lot or structure without written permission from Developer and/or Architectural Review Committ • eooK1914 PAGE 253 b. To be given notice by the Association of the call meeting of the membership to be held for the pur of any considering any proposed Amendment to the Declaration, or the Articles of Incorporation and By-Laws notice shall state the nature of teethe Association, proposed, and to be amendment being e representative to attend all such meetings , to designate a -• To be given notice of default in the payment of assessments b any owner of a lot encumbered by a mortgage held bye Institutional Lender or Institutional Lenders, such not cettoe be given in writing and to be sent to the p such Institutional Lender or Inst.itutionalLendeprs , orftoe of place which it or they may designate in writin or to the Association. g to the To inspect the books and records of the Association and the Declaration, By-Laws and any Rules and Regulations durin normal business hours , and to obtain copies thereof, g To be given notice by the Association of damage to any part of the Common Area. any substantial To be given notice by the Association if any portion of the Common Area is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority. Section 2 . Whenever any isurer desires the benefits of the Institutional Lender, guarantor or squiring notice togen provisions of this section to be :atement, such lender shallvserverwritten notice furniHhe of d a financial such fact u te Association by registered mail or certified mail addressedpon to te Association and sent to its address stated herein, or to the dress of the property, identifying the lot upon which stitutional Lender or Institutional Lenders hold any mortgage rtgages , or identifying any lot owned by them, or any of any them,us or gether with sufficient pertinent facts to identify any mortae mortgages which may be held by it or them, mortgage all designate the place to which notices are to and given byytihe sociation to such Institutional Lender. given the ARTICLE X. AAINrevxm-r.rn - - BOOKi9id PACE 254 ARTICLE XI. NERAL PR0u1 - ON Section 1 . Enforcement. The Association, or any owner, shall 3ve the right to enforce, by any proceeding at law or in equity, 11 restrictions, covenants , conditions, reservations liens and larges now or hereafter imposed by the provisjOnS of claration . Failure by the Association or byorce ly covenant or restriction herein contained shall inrnooeventrbe ?,emed a waiver of the right to do so thereafter,. Section 2 . Lnforcement of Stor D__ __RIADoff Re ie State of North Carolina is hereby made a beneficiary toof this ?claration to the extent necessary to enforce its storm water inoff regulations as the same may he amended from time to time. Section 3 . :ieverability. Invalidation of any one of these Nenants or restrictions by judgment or court order shall in no se affect any other provisions which shall remain in full force d effect. Section 4 . Lot- ts Sub'ect to Declaration .ture owners , tenants and occupants of lots and All their guests aorr vitees , shall be subject to, and shall comply with the provisions the Declaration and any amendments . The acceptance of a deed conveyance or the entering into of a lease or the entering into cupancy of any lot shall constitute an agreement that the ovisions of the Declaration are accepted and ratified by such ner, tenant or occupant. The covenants and restrictions of this laration shall inure to the benefit of and be enforceable by the 3ociation, or the owner of any lot, presentatives , heirs , successors and assigns , respective and shall legal l bind the land and shall bind any person having atany time any t:erest or estate in any lot, as though such provisions were made )art of each and every deed of conveyance or lease, for a term of ?nty ( 20 ) years from the date this Declaration is recorded, after ch time they shall be automatically extended for successive -iods of ten ( 10) years . (.-_--! 600K1914 PACE 255 ,. The Declarant, so long as it shall retain control of the Association, shall have the right to amend this Declaration for the purpose of clarification, to correct any oversights or omissions, or to conform to the requirements of any law or governmental agency having legal jurisdiction over the Property or to qualify the Property or any lots and improvements thereon for mortgage or improvement loans made , insured or guaranteed by a governmental agency or to comply with the requirements of law or regulations of any corporation or agency belonging to, sponsored by, or under the substantial control of the United States Government or the State of North Carolina, regarding purchase or sale of such lots and improvements , or mortgage interests therein, as well as any other law or regulation relating to the control of property, including, without limitation, ecological controls construction standards , aesthetics , and matters affecting the public health, safety and general welfare . 'official of any such corporation or agency, A letter from an limitation, the Veterans Administration, theluding United without StatesDepartment of Housing and Urban Development, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Corporation , or the Federal National Mortgage Association requesting or suggesting an amendment necessary to comply with the requirements of such corporation or agency shall be sufficient evidence of the approval of such corporation or agency, provided that the changes made substantially conform to such request or suggestion. The Declarant, for so long as it shall retain conrot of the Association, and, thereafter, the Board of Directors , may amend this Declaration as shall be necessary, in its opinion , and without the consent of anyowner Association or the Property, or any portiontO oux- exempt status . thereof,, f fory taax- The Declarant for so long as it has control of the Board may amend this Declaration to include any platting change of the Properties as permitted herein . Section 7 . All of the provisions set forth in this ::laration shall run with and bind the Properties for a term of ?nty (20 ) years from the date of the recording of this :laration in the office of the Register of Deeds of New Hanover Inty, after which time , the Declaration, >visions , shall be automatically extended for succdessive pf its five ( 5 ) years , unless amended as permitted hP,- ; ., Periods • soo4914 mu 256 STATE OF NORTH CAROLINA "OUNTY OF NEW HANOVER I ' / d or th ou , a Notary Public in y aforesaid do hereby certify that hat she is came before me this day and acknowledged hat s C' i s INCO.ItPORATED Secretary eN ar yhof DLLASHAPRIS _ Carolina corporation,�L and that y authority duly given and as the act of the corporatio the Dregoing instrument was signed in its name by resident, sealed with its corporate seal and attested by ' is _ Secretary. her as Witn ss my and and offi,,qj stamp or seal , -- 19 this the 1�day Notary Public commission expires : otarial Seal ) OFFICIAL sEAL ,`_..s Notary Public, North Carolina { ! COUNTY OF NEW HANOVER PHMS My mmissionYELxpjres August 20A19 5 STATE OF NORTH CAROLINA New Hanover County The Foregoing/Annexed Cerlificale(s)of r VN\LA\1 .S F. L\\_,C,_►r,,t._- BOOT; L051 �� 1 J i i ;�;;;GED AIM VERIFIED • LIB �l Icf REGISTER OF STATE OF NORTH CAROLINA ��`E(JS VIEW IfANOVER CO. IJC COUNTY OF NEW HANOVER '96 • SECOND AMENDMENT TO DECLARATION Jul.! 27 HP} 10 `fS COVENANTS, CONDITIONS AND RESTRICTIONS OF VANTAGE POINT AT COVIL ESTATES THIS SECOND AMENDMENT TO DECLARATION OF 2ONDITIONS AND RESTRICTIONS OF VANTAGE POINT AT COVENANTS, ( "Second Amendment" OVIL ESTATES made and entered into this -�/ L996 by DLH DEVELOPMENT CO. , �� "day of June, LLC, a North Carolina limited Liability company, (hereinafter called Declarant " WITNESSETH: WHEREAS, Dallas Harris incorporated Real Estate-Construction, ( "Dallas Harris" ) caused to be recorded the plat entitled SECTION 1 VANTAGE POINT AT maP or COVIL ESTATES" in Map ook 34 , at Page 332 , (the "Original ubsequently rerecorded in Map Book 5 MaP�� ) ' which map was f the Register of Deeds of New Hanover County;, at Page a ann dd in the office WHEREAS the , Original Ma recorded Ori P, and the subsequently ginal Map, depicts a specific measured distance of Tie sidelines of each of the Lots; and, WHEREAS, the intent of Dallas Harris was that all Lots ijacent to Howe ' s Creek and Moore Creek would extend to, but no irther than, the mean high water line without regardhe >ecific measured distance of to the each sideline as shown on the .iginal Map and the subsequent) rerecorded Original ginal Ma WHEREAS, the plat recorded36 and, in ge 38 _ Map" ) (the "Revised Map Book 6 contains a Note at rth the boundary of those Lots adjoining � clearly setting eek to be the mean high water line wherever ose s Creek or Moore o located WHEREAS, Dallas Harris executed and caused to be,repo, Declaration of Covenant's, ecorded Ztage Point �� _ Conditions and Restrirr ; r„- _r 2051 O1119 • Revised Map, and is the Declarant within the meaning of Section 7 of Article I of the Declaration; and, WHEREAS, the Declaration defines "LOT" by reference to the recorded plat of Vantage Point at Covil Estates; and, WHEREAS, the Declarant still retains control of the nissociation and desires to amend the Declaration to conform the 3efinition of the word "LOT" as contained in the Declaration wit :he Note and designated Lots on the Revised Plat . h NOW, THEREFORE, the Declarant does hereby amend the )eclaration as follows : 1 . All references to the recorded plat of Section 1 'antage Point at Covil Estates (Original Map) are hereby amended to )e the Revised Plat recorded in Map Book 6 , at Page 38 office of the Register of Deeds of New Hanover Count in the eferences to the Original Ma Y, and all g p set forth in the Declaration are eleted . 2 . Section 6 of Article I is deleted and new Section 6 rticle 1 shall be as follows : LOT shall mean those parcels of subdivided real property shown on the recorded plat of Section 1 Vantage Point at Covil Estates recorded. in Map Book 36 identified by numbers with a circle arogund the number. Each Lot adjacent to Howe ' s Creek or Moore ' s Creek shall include that real property lying within the extension of the side . lot lines of each such Lot along the same course of the side lot lines of said Lot to the mean high water line, but no further. Except as specifically amended by this Second Amendment, .1 other covenants, conditions and restrictions of the Declarati all remain in full force and effect . on IN TESTIMONY WHEREOF, Declarant has caused this strument to be executed under seal anrI �L • 51 0915 DLH DEVELOPMENT CO . , INC. , a North Carolina Limited Liability Company (SEAL) B y. `? Rodney iarris , Manager (SEAL) FATE OF NORTH CAROLINA JUNTY OF NEW HANOVER Iblic in and for sai County and State, do hereby certia f Notary )DNEY Q. HARRIS before me this day Y that me first duly sworn, says that rshealis yas pmanag, wing er eared hofbeDLH WELOPMENT CO. , INC. , the limited liability company described in Id which executed the foregoing instrument ; that he executed said istrument in the limited liability company name by subscribing his ime thereto; and that the instrument is the act and deed of said .mited liability company . WITNESS my hand and notarial seal , this the '� l ne, 1996 . �1)4 day of ( -71j Notary Public Commission Expires : PHYWS E. WILLIAMS NOTARY PUBLIC '•r i NEW HANOVER COUNTY, NC ATE OF NORTH CAROLINA My • mission Expires August 20, 2000 LINTY OF NEW HANOVER The foregoing certificate of a Notary Pub icI of ?hams id State, is certified to be correct . aid County and inss ?sented for registration this day and hour ands rument duly tecordedwin office of the Register of Deeds of New Hanover r�„nr olina , in Rnnk 7hc-i DCO;; i= • ' 9SG 0G22 EFDRDCD AND VERIFIED MARY SUE OOTS REGISTER OF DEEDS STATE OF NORTH CAROLINA !II:1y HANOVER co. NC COUNTY OF NEW HANOVER OG nu S AM 10 32 AMENDMENT TO DECLARATION OF COVENANTS , CONDITIONS AND RESTRICTIONS OF VANTAGE POINT AT COVIL ESTATES )OO4 . - 1 ,,, 'HIS DECLARATION, made and entered into this c5,t,� 1996 , by DLH CONSTRUCTION CO . , LLC , ,a day ofh Carolina limited liability company, and DALLAS HARRIS REAL ESTATE CONSTRUCTION INCORPORATED, a North Carolina corporation, herein collectively referred to as "Declarant" . WITNESSET H : WHEREAS , Declarant is the owner of all of that certain 7roperty located in Harnett Township, New Hanover County, North :arolina , which is more particularly described as follows : BEING all of VANTAGE POINT at COVIL ESTATES, as the same is shown on a map thereof recorded in Map Book 34 , Page 332 in the Office of the Register of Deeds of New Hanover County, North Carolina , reference to which is hereby made for a more particular description . WHEREAS , Declarant heretofore executed a Declaration of 'ovenants , Conditions and Restrictions of Vantage Point. at Covil states , and caused the same to be recorded in Book 1914 , Page 242 f the New Hanover County Registry ( herein the ".Declaration" ) ; and, WHEREAS , in accordance with ARTICLE XI , Section 6 . a . & d. , the ,eclarant may make certain changes to the Declaration so long as he Declarant retains control of the Association; and WHEREAS , the Declarant presently retains control of the ssociation; and WHEREAS , the Declarant now dociror .. __ 1 9 9 G 0G23 restriction does not apply to signs erected by Developer to identify and advertise the subdivision asthe whole . Section 21 . Construction must be substantially completed within twenty-fo"ur ( 24) months cif the original closing date • The dwelling occupancy, must be approved—for p Y, its exterior finished----and---- tanteps ing completed within that period . All driveways , steps and walkways must also be completed in addition to other items mentioned within these restrictions . Except as amended hereby the Declaration of Covenants , Conditions , and Restrictions of Vantage Point at Covil Estates shall remain in full force and effect . IN WITNESS WHEREOF , the limited liability company Declarant has caused this instrument to be signed in its name by one of its duly authorized managers and its seal to be hereunto affixed on the day and year first above written; and caused this instrument to be executed inhits ocop po ate namerand ihas ts corporate seal affixed by its duly authorized officers all the day and year first above written . DLH DEVELOPMENT CO. , LLC [SEAL] ,,`llll:liiu;,,,)3r B Y ; • ��'�,�;� (:u;i�'�' ''o RODNEY ----- [SEAL] • ';,�� DNEY HARRIS , Manager ` ; � U,-(,1,` DALLAS HARRIS REAL ESTATE- rt CONSTRUCTION INCORPORATED CO PORATE SEAL). ) cJ BY =:�0 /� TTEST; RODNEY HARRIS , Vice President Assistant Secr ' ary • J V I'. 99G OG29 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I , PHYLLIS E . WILLIAMS , a Notary Public in and for the state and county aforesaid, do hereby certify that Melinda Kay personally came before me this day and acknowledged that she eis Assistant Secretary of Dallas Harris Real Estate-Construction Incorporated , a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice-president , sealed with its corporate seal and attested by her as its Assistant Secretary . W THE S my hand and notarial stamp or seal. , this the .�'r,� of Yr e,_ , 1996 . day ,l My Commission Expires : Notary Public ( Notarial Seal ) :,s PHYWS E WIWAMS ��1 NEW NOTARY COUNTY,NC .16. ' HANONER STATE OF NORTH CAROLINA M w �, 20, 2000 COUNTY OF NEW HANOVER The foregoing Certificate ( s ) of PHYLLIS E. WILLIAMS, Notary Public , is certified to be correct . This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof . This the _ 05 day of MARCH 1996 . • MARY SUE OOTS , Register of Deeds for New Hanover County BY : SAY • • • • • • • • - G G G 0 G 2 2 RECORDCD AND VERIFIED MARY SUE DOTS REGISTER OF DEEDS STATE OF NORTH CAROLINA HEW HANOVER CO. NC COUNTY OF NEW HANOVER 'AG �� 5 AM IO �3Z AMENDMENT TO DECLARATION OF COVENANTS, COND.[TIONS AND RESTRICTIONS OF VANTAGE POINT AT COVIL ESTATES 000041 HIS DECLARATION, made and entered into this �.tL day of LL 1996, by DLH CONSTRUCTION CO. , LLC, a North Carolina limited liability company, and DALLAS HARRIS REAL ESTATE- CONSTRUCTION INCORPORATED, a North Carolina corporation, herein collectively referred to as "Declarant". WITNESSET H: . WHEREAS, Declarant is the owner of all of that certain property located in Harnett Township, New Hanover County, North Carolina, which is more particularly described as follows: BEING all of VANTAGE POINT at COVIL ESTATES, as the same is shown on a map thereof recorded in Map Book 34, Page 332 in the Office of the Register of Deeds of New Hanover County, North Carolina, reference to which is hereby made for a more particular description. WHEREAS, Declarant heretofore executed a Declaration of Covenants, Conditions and Restrictions of Vantage Point at Covil Estates, and caused the same to be recorded in Book 1914, Page 242 of the New Hanover County Registry (herein the "Declaration" ); and, 4y WHEREAS, in accordance with ARTICLE XI, Section 6.a. & d. , the Declarant may make certain chanaee • • • � 99C OG23 restriction does not apply to signs erected by the Developer to identify and advertise the subdivision as a whole. Section 21. Construction must be substantial'y completed within twenty-four (24) months of the original closing date. The dwellin must be approved occupancy, its exterior finished and landscaping ndscca forg completed within that period. All driveways, steps and walkways must also be completed in addition to other items mentioned within these restrictions. Except as amended hereby the Declaration of Covenants, Conditions, and Restrictions of Vantage Point at Covil Estates shall remain in full force and effect. IN WITNESS WHEREOF, the limited liability company Declarant has caused this instrument to be signed in its name by one of its duly authorized managers and its seal to be hereunto affixed on the day and year first above written; and the corporate Declarant has caused this instrument to be executed in its corporate name and its corporate seal affixed by its duly authorized officers all the day and year first above written. DLH DEVELOPMENT CO. , LLC [SEAL) • i 9 9 G OG24 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, PHYLLIS E. WILLIAMS, a Notary Public in and for the state and county aforesaid, do hereby certify that Melinda Kay Reece personally came before me this day and acknowledged that she is Assistant Secretary of Dallas Harris Real Estate-Construction Incorporated, a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Vice-President, sealed with its corporate seal and attested by her as its Assistant istant e \,W. THE S my hand and notarial stamp or seal, this the 4-2-0/ day of fJJa __ 1996. � /.1. `�'' �i/t'fC Irry My Commission Ex Notary Public pires: (Notarial Seal) F� PNYWS E WIWAM `�+'A NOTARY PUBUC c NEW HANOVER COUNTY,NC STATE OF NORTH CAROLINA My ' COUNTY OF NEW HANOVER The foregoing Certificate(s) of PHYLLIS E. WILLIAMS, Notary Public, is certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. This the 05 day of MARCH , 1996. MARv errs n m . • STATE OF NORTH CAROLINA o) 2 I 6 n, 0 12 FILED COUNTY OF NRw Tr7Nnv1n 9:00 AA1 STAT I-11 OF f-1 ��, li i. `�, NOIRTH a � y_: � p •, .i.. ". ��•�, Department of The Secretary of State CAROl dNA To all whom these presents shall come, Greetings: I, Rufus L. Edmisten, Secretary of State of the State of North Carolina, do hereby certify the following and hereto attached to be a true copy of ARTICLES OF INCORPORATION OF VANTAGE POINT AT COWL ESTATES HOA, INC. the original of which was filed in this office on the 8th day of August, 1995. transfer, dedicate for public use, or otherwise dispose of real or personal property in connection with the affairs of the corporation; 4 . To borrow money, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred; 5 . To dedicate, sell or transfer all or any part of the common area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members ; 6 . To participate in mergers and consolidations with other nonprofit corporations organized for the same purposes; 7 . To annex additional properties as provided in the Declaration; and 3 . To have and to exercise any and all powers , rights and privileges which a corporation organized under the Nonprofit Corporation Act of the State of North Carolina may, now or hereafter have or exercise . ARTICLE V Membership_ Every person or entity who is a record owner of fee or undivided fee interest in any lot which is subject by the eclaration to assessment by the Corporation, including contract ellers , shall be a member of the corporation . The foregoing is of intended to include persons or entities who hold an interest erely as security for the performance of an obligation. embership shall be appurtenant to and may not be separated from wnership of any lot which is subject by the Declaration to ssessment by the corporation . ARTICLE VI Voting Rights : All members , including Declarant, shall have ne vote in the affairs of the Association for each membership aned . When more than one person holds an interest in any 2mbership, the vote for such membership shall be exercised as they nong themselves determine, but in no event shall more than one )te be cast with respect to any lot . �'vBoard of Directors : The affairs of th; c _ _ ARTICLE IX Incorporator: The name and address of the incorporator is todney Q. Harris, 7208 Wrightsville Avenue, Wilmington, New Hanover :aunty, North Carolina 28403 . ARTICLE X Net Earnings : No part of the net earnings of the :orporation shall inure to the benefit of its members, directors, )fficers , or other persons except that the corporation shall be uthorized and empowered to pay reasonable compensation for ervices rendered and to make payments and distributions in urtherance of the exempt purposes of the corporation. IN WITNESS WHEREOF, for the purpose of forming this orporation under the laws of the States of North Carolina, I , the ndersigned being the incorporator of the corporation, have xecuted these Articles of Incorporation this dayAugust,of 995 . (SEAL) RODNE . HARRIS, INCORPC`RATOR TATE OF NORTH CAROLINA OUNTY OF NEW HANOVER , Notary Public in and for aforesaid ounty a state, do he eby certify that RODNEY Q. HARRIS, ncorporator, who, I am satisfied is the person named in and who xecuted the foregoing ARTICLES OF INCORPORATION, and I having irst made known to him the contents thereof, that he acknowledged lat he signed and delivered the same as his voluntary act and deed Dr the use and purposes therein expressed . IN TESTIMONY WHEREOF, I hax e hereunto set my hand and fixed my notarial seal , this the 0k/ CT day of August, 1995 .