44825D - Spicewood

'LAMA/ ' ]DREDGE & FILL
ENERAL PERMIT fr Previous permit#
New 'Modification r_ Complete Reissue ❑Partial Reissue Date previous permit issued
ized by the State of North Carolina, Department of Environment and Natural Resources
:oastal Resources Commission in an area of environmental coocerD p�u nt to 15A NCAC �// , /.zoU
�/ ,,// !Ndder 8-le oI'v" ❑Rulee,attached.
t Name - (ram /y4mlj 1/ C Project Location: County Vey" � l'sie,
/.01 25 Dike P Street Address/State Road/Lot#(s)
i//'�r i i /h State AX ZIP 299// L,ot 25 &/ti,' /'I 14-.
(9/0) 25'% .f'0/V0 Fax#( ) —`" Subdivision Q/ve Pt
ed Agent r— City Wi 6s4/y, ZIP 7gq
*TEA, fW i A -ES 7 PTS Phone# ( ) ,,55 1*ii River Basin Cr.,
OEA ❑HHF il IH UBA N/A
Adj.Wtr. Body srr/S �/'�to'e a/r
C PWS: ❑FC: /�
yes / PNA / no Crit.Hab. yes / no Closest Maj.Wtr. Body / ' "' Soti�,/
Project/Activity c 4'hStPh?lr%oh , T 43 f7/,
i., 7, "ilr , iO �?',�i 7-77
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igth t 7.- V
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r n" i,distance offshore G
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not sure yes ere ,
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um: n/a yes � �,, \ (�
yes d et4.,e,7#...5 8/1...e Pr" Re,
attached: r' no 1
1g permit may be required by: /V/1 C ' , See note on back regarding River Basin ri
_ i , . _- / --

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iv
SPICEWOOD HOMES LLC 1626 iT
1 PH.910-256-4940 qr
A 6 JASMINE PLACE 66-1220/531 .1
WRIGHTSVILLE BEACH,NC 28480 .
1,1 DATE it"- "C‘ i•
11
- ORDER OF I $ 1 Z-e• •c-) Ili
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if/ 4 ..:..- --.'
./ ,,,,z_
DOLLARS
—...... ___
1
RANK OF WILMINGTON v
i".
Wilmington,NC 28405
#
FOR er
POO L 6 2 611° 1:0 5 3 L 1 2 20 1.0:00000 5 5 5 7 1-01°
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•DFJISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWI\rER NOTIFICATION/WAIVER FORM
Name of Individual Applying For Permit: • S/i�e c-K441h�es LL.e
Address of Property: Lo/ a�' R/i ' Pt J j, •
(Lot or Street#, Street or Road)
ter/% • 4/. c .
(City and County)
I hereby certify that I own propery adjacent to the above-referenced property. The individi
applying for this permit has described to me as shown on the a-=shed drawingthe t..z development i:r
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 2S405 cr call 910-39:7-39
within 10 days of receipt of this notice. No response is considered the same as no objectiot
you have been notified by Certified Mail.
WAIVER SECTION •
I understand that a pier,dock, mooring piling_, breakI ater, boat house or boat lift*must be
bck a minimum distance of 15' from my area of riparian access - unless waived by me. (If v
wish t.- aive the setback, you must- initial the appropriate clank below.)
I a wish to waive the 1.. se±a re.-ui:e e:
t.
I a': not wish to waive the 15. se:back re:uir=
..Tie^t.
•
Sign `T±e
Date

• DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
'0eolY peck ,e5 6/7 'lil$$ -SP;efd- r a. lc '9 .2ti17
Name of Individual Applying For Permit: Jio;c(A,cot/ / ,(c L . c
Address of Property: 2.4r 5 a2.0e /,',,.'74 pc,'"e
(Lot or Street #, Street or Road)
/,-;ice►- of
(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 910-395-39
within 10 days of receipt of this notice. No response is considered the same as no objectior
you have been notified by Certified Mail.
WAIVER SECTION
•
I understand that a pier, dock, mooring pilings,breakwater, boat house or boat lift must be
bck a minimum distance of 15' from my area of riparian access - unless waived by me. (Ify
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.
0640' - - 31d.o tC07
Sign Name ate

pr 05 06 01 : 39p HARDISON BUILDING 910 256 8301 p. 1
Mar 28 06 07: 26p Sandy Monroe 9106867653 p.2
• DIVISION OF COASTAL MANAGFIvtNT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION11V IVER FORM
Name of Individual Applying For Permit: ___*i bud kirviv.$ ` L1 r
Address of Prope.rry: z.ay 07s- P4 q gt,...,_ i d / czt.
(Lot or Street€,Street or Road)
brit I. frJ NC1-1cArtis out_ a .
(Ciro and Counrv)-/
I hereby cenify that I own pfoper v adjacent to the above-referenced property. Tne i�di�iduai
enpl\inc for this e.T::it!_cam esoribed to me as shown or.the arached drawing the de':e':opt:iehi they
are proposing. A dent-_lion or drawing.with dimens ors. should be pros ided \N tih this le=r-_r.
I have no objections to this croeo__l.
If you have objections to what is being proposed, please «rite the Division of Coastal
MIanag :neat. 127 Cardinal Drive Extension, Wiiminstor, NC 2540S or call 910-39f-390+)
within 10 dAvs of receipt of this notice. No response is considered the same as no obj2,:.i013
you have been notified by Certified 1\1ai1.
\\AIVLR SECTION
I understand that a pier,dock,mooring pilings. brc^_ 6.ar r.boat house or boat Iif:Ries;be se:
bck a m_niniu W distance of 15' from my area of riparian access -unless\i aired by me. (If you
wish t_ \\7i' e ire setback, sOU must initiCl the ar.•pr;,prinr_ L'rn=: below.)
1 CD wish to %vat e the 15 se:c.•a:.'.lam:IL.e .gal.
not wish to waive se.,...r.ack
• Sim Name Date
rnt Name ��� A
g ) r7q r NCD ENlt
eleneone Number with Area
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2 8 2 0 0 8 0 5
BYLAWS
OF INC?oaO OCT 16 PH 2: 44
BLUE POINT HOMEOWNERS ASSOCIATION,
RECQRDEg MID VERIFIED
ARTICLE I MARY FillE (TUTS
NAME AND LOCATION f;rl:lS i E,.i OF DEEDS
.,
The name of the Corporation is Blue Point Homeowners Association, Inc., hereinafter referred to
the "Association."The principal office of the Corporation shall be located at 20,0 (L//fC/JA-d/[LE
, Wilmington, New Hanover County, North Carolina, but meeting of
'embers and directors may be held at such places within the State of North Carolina, County of New
anover, as may be designated by the Board of Directors.
, ;• I jr ARTICLE II
Ao DEFINITIONS
Section 1. "Association" shall mean and refer to the Blue Point Homeowners Association,
c., its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property described in the
eclaration of Covenants, Conditions and Restrictions recorded or to be recorded in connection
erewith.
Section 3. "Common Areas"shall mean all real property and improvements located thereon
vned by the Association for the common use and enjoyment of the Owners.
Section 4. "Lot" shall mean and refer to any numbered plot of land shown upon any
corded subdivision map of the properties with the exception of common areas and dedicated
adways.
Section 5. "Owner"shall mean and refer to the record owner,whether one or more persons
entities, of the fee simple title to any lot which is a part of the properties, including contract sellers,
it excluding those having such interest as security for the performance of an obligation.
Section 6. "Declarant"shall mean and refer to Manassas, Inc., a North Carolina Corporation,
successors and assigns.
Section 7. "Declaration"shall mean and refer to any Declaration of Covenants, Conditions
d Restrictions applicable to the properties recorded in Book), at Page oge in the office of the
gister of Deeds of New Hanover County, North Carolina, and any and all amendments thereto..
Section 8. "Member" shall mean and refer to those persons or entities entitled to
embership with voting rights as provided in the Declaration and in Article III, Section 1 of these Bylaws.

PAGE
282 0 OB0s
ARTICLE III
MEMBERSHIP AND PROPERTY RIGHTS
Section 1. Membership.The Corporation shall have two classes of members who meet the
ialifications of and are approved as set forth in the Bylaws of the Corporation, as follows:
A. Every person or entity,with the exception set forth in paragraph B below,who or which is
record owner of a fee or undivided fee interest in any lot which is subjected by the Declaration to
sessment by the Association, including contract sellers, shall be a Member of the Association. The
regoing is not intended to include persons or entities who hold an interest merely as security for the
:rformance of an obligation. Such membership shall be appurtenant to and may not be separated from
vnership of any lot which is subject to assessment by the Association. Every member of Class A shall
entitled to one (1) vote for every lot owned.
B. Class B membership shall be granted to the Developer, or anyone who or which is a
ember of the class consisting of the developer, the officers, shareholders and family members of the
:veloper corporation, and also any successor or assignee of the Developer rights. Each Class B
embership shall be entitled to four (4) votes for every lot owned.
Section 2. Property Rights. Each Member shall be entitled to the use and enjoyment of the
)mmon Area as provided in the Declaration.Any Member may delegate his rights of enjoyment of the
)mmon Area to the members of his family, his tenants or contract purchasers who reside on the
operty.
ARTICLE IV
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the Members shall be held on
!ptember 1, 2000, and each subsequent regular annual meeting of the Members shall be held annually
Aween September 1 and September 15, other than a day that is a holiday, at a reasonable hour.
Section 2. Special Meetings.Special Meetings of the Members may be called at any time by
e President or by the Board of Directors, or upon written request of the one-fourth (1/4) of the
embers.
Section 3. Notice of Meeting.Written notice of each meeting of the Members shall be given
or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of
Ich notice, postage prepaid, at least 10 days before such meeting to each Member entitled to vote,
!dressed to the Member's address last appearing on the books of the Association, or supplied by such
ember to the Association for the purpose of notice. Such notice shall specify the place, day and hour
the meeting, and in the case of a special meeting, the purpose of the meeting.Waiver by a Member in
-iting of the notice required herein, signed by him before or after such meeting, shall be equivalent to
e giving of such notice.

• V
2820 080 7
Section 5. Proxies. At all meetings of Members, each Member may vote in person or by
roxy.All proxies shall be in writing and filed with the Secretary. Each proxy shall be revocable and shall
utomatically cease upon conveyance by the Member of his or her lot.
ARTICLE V
BOARD OF DIRECTORS, SELECTION, TERM OF OFFICE
Section 1. Number.The number of Directors constituting the initial Board of Directors shall
'three, and the names and addresses of the persons who are to serve as Directors until their death,
.signation, or until their successors to be elected and qualify, are:
ame Address
at Epstein 7040 Wrightsville Avenue
Wilmington, NC 28403
Indy Monroe 7040 Wrightsville Avenue
Wilmington, NC 28403
Im Kittredge 7040 Wrightsville Avenue
Wilmington, NC 28403
ie members of the Board of Directors need not be Members of the Association.
Section 2. Term of Office.At the first annual meeting, the Members shall elect two Directors
a term of three years, two Directors for a term of two years, and one Director for a term of one year
until the respective successors are properly chosen. Thereafter these terms shall continue in effect to
wide for staggered terms.
Section 3. Removal.Any Director may be removed from the Board, with or without cause,
a majority vote of the Members of the Association. In the event of death, resignation or removal of a
ector, his successor shall be elected by the remaining members of the board, and shall serve for the
expired term of his predecessor.
Section 4. Compensation. No Director shall receive compensation for any service he may
der to the Association as a Director. However, any Director may be reimbursed for his actual
)enses incurred in the performance of his duties.
Section 5. Action Taken Without a Meeting. The Directors shall have the right to take any
ion in the absence of a meeting which they could take at a meeting by obtaining the written approval
ail }tic nirol-+rNrc Arta .e,.1 ,e, .. .,CC,.�.a .... aL.�..LL, a..l.,.... ..a .. ..,......a:..._ �[

PAGE
2820 0
808
ARTICLE VI
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board of Directors shall be made by
Nominating committee. Nominations for election to the Board may also be made from the floor at the
nnual meeting.The Nominating Committee shall consist of a Chairman,who shall be a member of the
Soard of Directors, and two or more Members of the Association. The Nominating Committee shall be
ppointed by the Board of Directors prior to each annual meeting until the close of the next annual
leeting and such appointment shall be announced at each annual meeting. The Nomination
:ommittee shall make as many nominations for election to the Board of Directors as it shall in its
iscretion determine, but not less than the number of vacancies that are to be filled.Such nominations
lay be made from among members or non-members.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At
ich election the Members or their proxies may cast, in respect to each vacancy, as many votes as they
[e entitled to exercise under the provisions of the Declaration.The persons receiving the largest number
I votes shall be elected. Cumulative voting is not permitted.
ARTICLE VII
MEETINGS OF DIRECTORS
Section 1. Regular Meeting. Regular meetings of the Board of Directors shall be held
Jarterly, or at such other periodic intervals as may be established by the Board of Directors from time
time, without notice, at such place and hour as may be fixed from time to time by resolution of the
Dard. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time
i the next day which is not a legal holiday.
Section 2. Special Meeting. Special meetings of the Board of Directors shall be held when
filled by the President of the Association, or by any two Directors, after not less than three (3) days
)tice to each Director.
Section 3. Quorum.A majority of the number of Directors shall constitute a quorum for the
rnsaction of business. Every act or decision done or made by a majority of the Directors present at a
ily held meeting at which a quorum is present shall be regarded as an act of the Board.
ARTICLE VIII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
(a) adopt and publish rules and regulations governing the use of the Common Areas, and
e personal conduct of the Members, and their guests thereon;
(1,1 +ho ,+koc

Cd � 0 06 9
(c) exercise for the Association all powers, duties and authority vested in or delegated to this
\ssociation, and not reserved to the membership by other provisions of these Bylaws, the Articles of
ncorporation, or the Declaration;
(d) declare the office of a member of the Board of Directors to be vacant in the event such
nember shall be absent from three (3) consecutive regular meetings of the Board of Directors;
(e) employ a manager, an independent contractor, or such other employees as they deem
lecessary, and to prescribe their duties; and
(f) employ attorneys to represent the Association when deemed necessary.
Section 2. Duties. It shall be the duty of the Board of Directors to:
(i) cause to be kept a complete record of all its acts and corporate affairs and to
present a statement thereof to the Members at the annual meeting of the Members, or any
special meeting when such statement is requested in writing by one-fourth (1/4) of the
Members;
(ii) supervise all officers, agents and employees of the Association, and to see that
their duties are properly performed;
(iii) as more fully provided in the Declaration, to:
(1) fix the amount of the annual assessment against each lot at least thirty(30)days
in advance of each annual assessment period;
(2) send written notice of each assessment to every owner subject thereto at least
thirty (30) days in advance of each annual assessment period; and
(3) foreclose the lien against any property for which assessments are not paid within
thirty(30)days after due date or to bring an action at law against the owner personally obligated
to pay the same;
(g) issue, or to cause an appropriate officer to issue, upon demand by any person, a
.rtificate setting forth whether or not any assessment has been paid. A reasonable charge may be
lade by the Board for the issuance of these certificates. If a certificate states an assessment has been
]id, such certificate shall be conclusive evidence of such payment;
(h) procure and maintain adequate liability insurance covering the Association, its directors,
ficers, agents and employees and to procure and maintain adequate hazard insurance on any real and
rsonal property owned by the Association;
(i) cause all officers or employees having fiscal responsibilities to be bonded, as it may
em appropriate; and

AGE
2820 88
Ip
ARTICLE IX
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Officers. The officers of this Association shall be a President and
/ice-President, who shall at all times be members of the Board of Directors, a Secretary, and a
Treasurer, and such other officers as the board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first meeting of
he Board of Directors following each annual meeting of the Members.
Section 3. Term.The officers of this Association shall be elected annually by the Board and
'ach shall hold office for one(1)year unless he shall sooner resign, or shall be removed, or otherwise be
lisqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of
he Association may require, each of whom shall hold office for such period, have such authority, and
,erform such duties as the Board may, from time to time, determine.
Section 5. Resignation and Removal. Any officer may be removed from office with or
iithout cause by the Board.Any officer may resign at any time by giving written notice to the Board,the
'resident or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at
ny later time specified therein, and unless specified therein, the acceptance of such resignation shall
of be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board.
he officer appointed to such vacancy shall serve for the remainder of the term of the officer he
?places.
Section 7. Multiple Offices. The offices of Secretary and Treasurer may be held by the same
erson. No person shall simultaneously hold more than one of any of the offices except the offices of
ecretary and Treasurer and the special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
(a) President.The President shall preside at all meetings of the Board of Directors;shall see
iat order and resolutions of the Board are carried out; shall sign all leases, mortgages,deeds and other
ritten instruments; and shall co-sign all checks and promissory notes.
(b) Vice-President.The Vice-President shall act in the place and stead of the President in the
ient of his absence, disability or refusal to act, and shall exercise and discharge such other duties as
iay be required of him by the Board.
(c) Secretary.The Secretary shall record the votes and keep the minutes of all meetings and

uU11
irectors; shall authorize payment of books of account; and shall prepare an annual budget and a
atement of income expenditures to be presented to the membership at its annual meeting and deliver
copy of each to the Members.
ARTICLE X
COMMITTEES
The Board of Directors shall appoint an Architectural Control Committee as provided in the
eclaration, and a Nominating Committee, as provided in these Bylaws. In addition, the Board of
erectors shall appoint other committees as deemed appropriate in carrying out its purpose.
ARTICLE XI
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable business
)urs, be subject to inspection by any Member. The Declaration, the Articles of Incorporation and the
,'laws shall be maintained at the office of the Association, where copies may be purchased at
asonable cost.
ARTICLE XII
ASSESSMENTS
As more fully provided in the Declaration, each Member is obligated to pay to the Association
inual and special assessments which are secured by a continuing lien upon the property against which
e assessment is made. Any assessments which are not paid when due shall be delinquent. If the
sessment is not paid within thirty(30)days after the due date, the assessment shall bear interest from
date of delinquency at the rate of eighteen (18)% per annum, and the Association may bring an
tion at law against the owner personally obligated to pay the same or foreclose the lien against the
aperty and interest costs and reasonable attorney's fees of any such action shall be added to the
count of the assessments. No owner may waive or otherwise escape liability for the assessments
avided for herein by non-use of the Common Areas or abandonment of his lot.
ARTICLE XIII
CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference the words: Blue
int Homeowners Association, Inc., New Hanover County, North Carolina.
ARTICLE XIV
GENERAL AND MISCELLANEOUS PROVISIONS
Section 1. These Bylaws may be amended,at regular or special meeting of the Members, by

uvvrl
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2820 481 2
Section 3. The fiscal year of the Association shall begin on the first day of January and end
on the 31 st day of December of every year, except that the first fiscal year shall begin on the date of
incorporation.
CERTIFICATION
I, the undersigned, do hereby certify:
That I am duly elected and acting Secretary of the Blue Point Homeowners Association, Inc., a
`forth Carolina Corporation; and
That the foregoing Bylaws constitute the original B lvs of said Ass ciation as duly adopted at a
fleeting of the Board of Directors thereof, held on the day of ,,l,.Pn7fbet- , 2000.
IN WITNESS WHEREO , I have hereunto subscribed my name and affixed the seal of said
miation this J✓% day of efen-,6eo-- , 2000.
,,ram a: Ni
;:�s?;, MANASSAS, INC.
9Q ikraV.:Nii) Secretary
w.
PATE OF NORTH CAROLINA
RUNTY OF NEW HANOVER
I, Stephanie B. Ottaway, a Notary Public of the County of Brunswick and State aforesaid, certify that
imela Kittredge personally came before me this day and acknowledged that she is Secretary of Manassas,
c. a North Carolina Corporation, and that by authority duly given and as the act of the corporation, the
regoing instrument was signed and sealed with its corporate s I.
Witness my hand and official seal, this% ay of g/tjaf. 2000.
NOTARY PUBLIC
Commission Expires: 7 if-Q1
PNIE�B 0,, STATE OF NORTH CAROLINA` New Hanover County
/ oTaR� The Foregoing Annexed Certificate(s) of
Ti

y
....... ,
;TATE .,.OF ,.
BOOK P
AG
28zo aei
NORTH I�u al.V'1 N0�{� Departni&r tP of TEE 1
Secretary of State
CAROL I NA
0UU204
To all whom these presents shall come, Greetings:
I, ELAINE F. MARSHALL, Secretary of State of the State of North
arolina, do hereby certify the following and hereto attached to be a true copy of
ARTICLES OF INCORPORATION
OF
BLUE POINT HOMEOWNERS ASSOCIATION, INC.
le original of which was filed in this office on the 15th day of September, 2000.
2000 OCT 16 PH 2: 45
RECORDED AND VEI IFIED
MARY SUE DOTS
.w;, REGISTCI; OF DEEDS
Z>Woell s;.;,`{' "y1.: IiE i/ II.',*_ T U CO. NC
4, W a,; '1.: :tom1 •�
i'7- :: AtIN WITNFSS WHFRFnF I havra haraiintn

•
BOOK PAGE SOSID: 564038
0 8 1 Date Filed: 9/15/2000 1:4;
8 2 QElaine F. Marshall
North Carolina Secretary o
ARTICLES OF INCORPORATION
252 5096 OF
BLUE POINT HOMEOWNERS ASSOCIATION, INC.
A Nonprofit Corporation
The undersigned, being of the age of eighteen (18) years or more, does hereby make and
acknowledge these Articles of Incorporation for the purpose of forming a nonprofit corporation
under and by virtue of the laws of the State of North Carolina, and all pursuant to and in
compliance with the requirements of Chapter 55A of the General Statutes of North Carolina. The
undersigned does hereby certify:
1. The name of the corporation is:
BLUE POINT HOMEOWNERS ASSOCIATION, INC.
2. The period of duration of the corporation shall be perpetual.
3. The purposes for which the corporation is organized are to provide for the
administration, maintenance, and preservation of the lots and common areas within that certain
tract located in Wilmington, New Hanover County, North Carolina and more particularly
described on Exhibit"A" attached hereto and incorporated herein by reference,and to promote the
health, safety, and welfare of the residents of the above-described property and any additions
thereto as may hereafter be brought within the jurisdiction of this Association in accordance with
the Declaration, and for this purpose to:
(a) exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and
Restrictions, hereinafter called the "Declaration," applicable to the property and recorded in the
Dffice of the Register of Deeds of New Hanover County, North Carolina, and as the same may be
'mended from time to time as therein provided, said Declaration being incorporated herein by
.eference;
(b) fix, levy, collect, and enforce payment by any lawful means, all charges or
ssessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith
nd all office and other expenses incident to the conduct of the business of the Association,
icluding all licenses, taxes, or governmental charges levied or imposed against the property of the
►ssociation;
(c) acquire (by gift, purchase, or otherwise), own, hold, improve, build upon, operate,
maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or
rsonal property in Connertinn with the ft,o

BOOK
PAGt
282 ° 0815
(e) participate in mergers and consolidations with other nonprofit corporations
organized for the same purposes provided that any such merger or consolidation shall have the
assent of two-thirds (2/3) of the members; and
(f) engage in any lawful act or activity for which corporations may be organized under
Chapter 55A of the General Statutes of North Carolina and in particular G. S. 55A-15.
4. The corporation shall have two classes of members who meet the qualifications of
and are approved as set forth in the Bylaws of the corporation, as follows:
A. Every person or entity, with the exception set forth in paragraph B below, who or
which is a record owner of a fee or undivided fee interest in any lot which is subject by the
Declaration to assessment by the Association, including contract sellers, shall be a Member of the
Association. The foregoing is not intended to include persons or entities who hold an interest
merely as security for the performance of an obligation. Such membership shall be appurtenant to
and may not be separated from ownership of any lot which is subject to assessment by the
Association. Every member of Class A shall be entitled to one (1) vote for every lot owned.
B. Class B membership shall be granted to the Developer and anyone who or which is
a member of the class consisting of the officers, shareholders and family members of the developer
corporation, and also any successor or assignee of the Developer's rights. Every member of Class
B shall be entitled to four (4) votes for every lot owned.
5. The address of the initial registered office of the corporation in the State of North
Carolina is: 7040 Wrightsville Avenue
Wilmington, NC 28403
New Hanover County (Also, principal officE
6. The name of the initial registered agent of the corporation at such address is:
Mathias Epstein
7. The number of directors constituting the initial board of directors shall be three,
and the names and addresses of the persons who are to serve as directors until the first meeting of
:he corporation, or until their successors to be elected and qualify, are:
same Address
vlathias Epstein 7040 Wrightsville Avenue
Wilmington, NC 28403
Tandy Monroe 7040 Wrightsville Avenue

•
2820 0816
The members of the Board of Directors need not be members of the Association. The number of
directors may be changed by amendment of the Bylaws of the Association. The foregoing named
Directors shall serve until they resign, die or their successors are elected and qualified. Thereafter
the terms of office for the Directors shall be staggered.
8. The name and address of the incorporator is:
Sharon Jackson Huffman
310 North Front Street
Wilmington, New Hanover County
North Carolina 28401
9. The corporation shall have no capital stock. Participation in its affairs shall be by
membership therein, subject to provision of the Bylaws as may be adopted, amended, or repealed
by the Board of Directors.
10. It is expressly declared that this corporation is not organized for pecuniary gain or
profit for its members and it shall have no power to make or declare dividends. However,
compensation may be paid for services rendered to or for the corporation for any of its purposes.
11. No part of the net earnings of the corporation shall inure to the benefit of or be
distributable to its members, trustees, officers, or other private persons, except that the
corporation shall be authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the purposes set forth in
paragraph 3 above. No substantial part of the activities of the corporation shall be the carrying on
of propaganda, or otherwise attempting to influence legislation, and the corporation shall not
participate in or intervene in (including the publishing or distribution of statements) any political
campaign on behalf of any candidate for public office. Notwithstanding any other provision of
these articles, the corporation shall not carry on any other activities not permitted to be carried on
(a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal
Revenue Code (or the corresponding provision of any future United States Internal Revenue Law)
)r (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the
Internal Revenue Code (or the corresponding provision of any future United States Internal
2evenue Law).
12. The Association may be dissolved with the assent given in writing and signed by not
ess than four-fifths (4/5) of the members. Upon dissolution of the Association, other than incident
o a merger or consolidation, the assets of the Association shall be dedicated to an appropriate
lublic agency to be used for purposes similar to those for which this Association was created. In
he event that such dedication is refused acceptance, such assets shall be granted, conveyed, and
ssianed to any non-nrnfir rnrnnratinn _ . . _

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2
82 ° Daly
assets of the corporation exclusively for the purposes of the corporation in such manner, or to such
organization or organizations organized and operated exclusively for charitable, educational,
religious, or scientific purposes as shall at the time qualify as an exempt organization or
organizations under section 501(c)(3) of the Internal Revenue Code (or the corresponding
provision of any future United States Internal Revenue Law), as the Board of Trustees shall
determine. Any such assets not so disposed of shall be disposed of by the Superior Court of the
county in which the principal office of the corporation is then located, exclusively for such
purposes or to such organization or organizations, as said Court shall determine, which are
organized and operated exclusively for such purposes.
13. Amendments to these Articles shall require the assent of four-fifths (4/5) of the
entire membership.
14. This corporation is organized and will operate so as to qualify under appropriate
sections of the Internal Revenue Code and appropriate statutes in the State of North Carolina as
having a tax exempt status, so that any gifts and donations made to the corporation may qualify by
such donors as being deductible for income tax purposes by the donors.
IN WITNESS WHEREOF, I have hereunto set my hand this 5h( day of /./. /' .11 I.
, 2000.
Sharon J on Huff corporator
STATE OF NORTH CAROLINA
COUNTY OF 14 AO Ver
1, Olti �ffaa„, , a Notary lic, do hereb certif that Sha
ron
aron
Jackson Huff an personally appeared before me this } j day of,3P t. , 2000, and
.t.•s wledged the due execution of the foregoing Articl xof Incorporation
Trl'14 40%,
* T No
c
Public

JR REGISTRATION MARV SUE OOTS
NEWEGISTER HANOVEROCOUNTYY NC
2000 NOV 15 10 41 47 AM
2833 PG 998_1002 FEE $14 00
INSTRUMENT 4 658064
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
AMENDMENT TO DECLARATION OF ARTICLES OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR BLUE POINT
THIS AMENDMENT TO DECLARATION OF ARTICLES OF COVENANTS, CONDITIONS
AND RESTRICTIONS, made as of Septemberj2 , 2000, by MANASSAS, INC., herein referred to
as Declarant,
WITNESSETH:
WHEREAS, Declarant has heretofore placed restrictions on Blue Point by the recordation of
an instrument recorded in Book 2802 at Page 0228 of the New Hanover County Registry, and
WHEREAS, Paragraph I of Article III of said Declaration provides that:
All utility lines of every type shall be located underground DECLARANT reserves a ten(10)foot
easement along the property lines of each lot, with the exception of the Villa lots, (five(5)feet on each
side of property line) in order to erect, maintain, repair and use those utility lines However, nothing
herein shall obligate DECLARANT to either erect, install, repair or maintain any such utility lines, and
WHEREAS, Paragraph A of Article VI of said Declaration provides that
THE DECLARANT reserves unto itself a perpetual, alienable and releasable easement and
right on, over and under the ground to erect, maintain and use electnc and telephone poles, wires,
cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of
electricity, telephone, television and cable facilities, gas, sewer, water or other public conveniences or
utilities on, in or over the rear ten (10) feet of each lot, the front ten (10) feet of each lot and the ten
(10) feet along one side of each lot and such other areas as are shown on the map of the property
referred to hereinabove These easements and rights expressly include the right to cut any trees,
bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably
necessary in the opinion of THE DFCLARANT to provide an economical and sate utility installation
WHEREAS, the parties hereto are desirous that Paragraph I of Article III and Paragraph A of
Article VI of said Declaration be amended as set out hereunder,
Paragraph I of Article III

Paragraph A of Article vl
THE DECLARANT reserves unto itself a perpetual, alienable and releasable easement and
right on, over and under the ground to erect, maintain and use electric and telephone poles, wires,
cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of
electricity, telephone, television and cable facilities, gas, sewer, water or other public conveniences or
utilities on, in or over the rear ten (10) feet of each lot and the front ten (10) feet of each lot of the
property referred to hereinabove These easements and rights expressly include the right to cut any
trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action
reasonably necessary in the opinion of THE DECLARANT to provide an economical and safe utility
installation
NOW, THEREFORE, in consideration of the premises, the parties hereto do hereby amend
the Declaration of Articles of Covenants, Conditions and Restrictions for Blue Point, recorded in
Bork 2802 at page 0228 c-4 the New Hanover County R2gistrj, to the end that Paragraph I of Article
Ill and Paragraph A of Article VI shall read as follows
Paragraph I of Article Ill
All utility lines of every type shall be located underground DECLARANT reserves a ten(10)foot
easement along the front and rear property lines of each lot in order to erect, maintain, repair and use
those utility lines However, nothing herein shall obligate DECLARANT to either erect, install, repair or
maintain any such utility lines,
Paragraph A of Article VI •
THE DECLARANT reserves unto itself a perpetual, alienable and releasable easement and
right on, over and under the ground to erect, maintain and use electric and telephone poles, wires,
cables, conduits, sewers, water mains and other suitable equipment for the conveyance and use of
electricity, telephone, television and cable facilities, gas, sewer, water or other public conveniences or
utilities on, in or over the rear ten (10) feet of each lot and the front ten (10) feet of each lot of the
property referred to hereinabove. These easements and rights expressly include the right to cut any
trees, bushes or shrubbery, make any gradings of the soil, or to take any other similar action
reasonably necessary in the opinion of THE DECLARANT to provide an economical and safe utility
installation
Except as amended herein, the Declaration of Articles of Covenants, Conditions and
Restrictions for Blue Point recorded in Book 2802 at Page 0228 of the New Hanover County Registry
shall remain in full force and effect

IN WITNESS WHEREOF, the Declarant, MANASSAS, INC. has caused this Amendment to
the Declaration of Articles of Covenants, Conditions and Restrictions to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by authonty of its Board of
Directors the day and year first above written
MANASSAS, INC
• 0 : ' ; BY
* : n
(coRp, lS AL) MATH S TEIN, PRESIDENT
•
SE RETARY
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
a Notary Public of the County and State aforesaid, certify that
, personally came before me this day and acknowledged that
She is , Secretary of MANASSAS, INC., a North Carolina corporation, and that by
authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by
its _ President, sealed with its corporate seal and attested by 4't-rself as its
Secretary
WITNESS my hand and official stamp or s this %_�day of ,2000
Notary Public
My Commission Expires:

STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
The Foregoing Certificate(s) of
(is)(are)certified
to be correct
This day of ,AD, 19
, Register of Deeds
BY
Asst

i 00V � `D
tiktiis%
)A
liar' . f� �y��' 1
,,, _‘ . , .... „,.... _-1..,, ,sc,
eb QRw
MARY SUE OOTS
REGISTER OF DEEDS, NEW HANOVER
JUDICIAL BUILDING
316 PRINCESS STREET
WILMINGTON, NC 28401
Filed For Registration• 11/15/2000 10.41.47 AM
Book RE 2833 Page 998-1002
Document No 658064
AMEND 5 PGS $14 00
Recorder MARVIS ANN STORER
tate of North Carolina, County of New Hanover
he foregoing certificate of STEPHANIE B OTTAWAY Notary is certified to be correct This 15TH of November
)00
ARY SUE OOTS , REGISTER OF DEEDS ByLnitaAApi £2/jtj-vot, J Q )
Deputy/Acsgetent-Register of Deeds

BOOR r AUL.
•. •
3�r,/ 2802 0228
•
STATE OF NORTH CAROUNA DECLARATION OF
ARTICLES OF COVENANTS
COUNTY OF NEW HANOVER CONfl1TK)NS AND RFSTRK'TLONS
THIS DECLARATION,made this the day of_lr ,2000,by
MANASSAS,INC., a North Carolina corporation,with is principal place of business being
located in the County of New Hanover,State of North Carolina,hereinafter referred to as the
00014
"DECLARATN ;
r,0 0 14) KNOW ALL BY THESE PRESENTS:
1. THAT,WHEREAS,the DECLARANT is the fee simple owner of that tract of real property
being located in Harnett Township,New Hanover County,North Carolina,known as BLUE
POINT and being more fully described as follows:
BEING ALL of that property shown on maps prepared for Manassas,Inc.by Sherwin D.Cribb,
Registered Land Surveyor dated March 20,2000 entitled"Phase 1,BLUE POINT which maps
are duly recorded in the office of the Register of Deeds of New Hanover County,North Carolina
_ in Map Book 40 at Pages 35 and 36. .
2. WHEREAS,the DECLARANT desires to establish certain restrictions,covenants,
conditions and easements with respect to the hereinabove described tract of real property for the
purposes of protecting the value and desirability of,and which shall run with,said property,and
which shall be binding on all persons and entities,including the DECLARANT,having any right,
title or interest in the hereinabove described real property or any portions thereof,their grantees,
heirs,devisees,successors and assigns,and which shall inure to the benefit of each owner
thereof. DECLARANT reserves the right to supplement and revise these covenants of conditions
and restrictions at the DECLARANT'S sole discretion of the DECLARANT until such time as
7f%of the property is sold;
3. NOW,THEREFORE,with respect to all of the hereinabove described real property,and
for the purposes stated hereinabove,the DECLARANT does hereby declare that all of the
hereinabove described real property shall henceforth be held,sold and conveyed subject to the
following ART1CI FS OF COVENANTS,CONDITIONS AND RESTRICTIONS:
• 200 SEP -6 Pli 2: 32
iit.T::', to�.,f3
i RECISIP e-,.-E'r,''
C..'sc^.tTa c� '1
/•

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BOOK PAGE
ARTIC'IF Op
1, ? U 0 2 0 2 2 9
4. fFFlNITIC]NLS:
For the purposes of these Articles,the following definitions shall apply:
A. ASSOCIATION: Shall mean and refer to BLUE POINT HOMEOWNERS
ASSOCIATION,INC.,a nonprofit North Carolina corporation,the Articles of Incorporation for
which are recorded in Book ,at Page ,in the Office of the Register of Deeds of
New Hanover County,North Carolina,the provisions of said Articles of Incorporation being
incorporated herein by reference.
B. MFMRFR Shalt mean and refer to each and every person and entity who or
which holds a membership with voting rights in said Association.
C. LOT: Shall mean and refer to arty one hundred fifty-three(153)parcels of real
property which have been subdivided from the hereinabove described real property and which
are intended for single-family residential purposes only,as set forth hereinbelow,and which are
designated on the map of BLUE POINT hereinabove referenced by the Numbers 1 through 153,
inclusive.
D. PPOPFRTV: Shall mean and refer to all of that real property described
hereinabove,and known collectively as BLUE POINT as shown upon the map thereof referred to
hereinabove,as well as such additions thereto as may hereafter be brought within the jurisdiction
of the Acsrriation.
E f)WNFR: Shall mean and refer to the owner or holder(by purchase,devise,
inheritance,decree or otherwise)whether one or more persons or entities,of a fee simple title to
or interest in any lot,including the DECLARANT,but excluding those having such interests
merely as security for the performance of an obligation or the payment of an indebtedness.
F. COMMON ARFA.S: Shall mean and refer to any and all property,whether real
or personal,which is owned by the Association for the common use and enjoyment of the
owners,as well as any and all property,whether real or personal,whether owned by the
Association or not,which the owners have a mutual or common right or privilege to use and
enjoy as provided by these Articles as well as any amendment hereto;specifically including,but
not being limited to,the private streets of BLUE POINT,known as Blue Point Drive,Beddoes
Drive and Grange Street,as well as the nonexclusive,perpetual easement and/or right-of-way for
ingress,egress and regress over and across Furtado Drive.
2

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BOOT( PAGE
ARTICIFll.
2802 0230
5. ':: USE RESTRICTIONS:
The following use restrictions shall apply to lots:
A. All lots shall be single-family residential lots,and shall be used for single-family •
residential purposes only. No business,trade,vocation or occupation shall be permitted to be
conducted at or pursued from any office,formal or informal,on any lot. However,this restriction
shall not restrain the DECLARANT in any way from pursuing its rightful business of developing,
marketing and selling any and all lots.
B. No trailers,tents or other structures of a temporary character shall be placed or
stored upon any lot at any time unless the same is completely screened from view from any
street or other lot;provided,however,that this prohibition shall not apply to shelters used by
contractors during the construction of a single-family residential dwelling,it being clearly
understood that such temporary shelters may not,at any time,be used as residences or
permitted to remain on any lot after the completion of said construction.
- C. Each lot owner shall prevent the development of any unclean,unsightly or
unkempt conditions of any buildings or structures upon or grounds of his lot which would tend
to substantially decrease the beauty of any of the property or diminish or destroy the enjoyment
of other lots by the owners thereof. This restriction includes,but is not limited to,the prohibition
of the storage on any lot of anything unclean,unsightly or unkempt.
D. No noxious or offensive activity shall be carried on upon any lot,nor shall
anything be done thereon tending to cause embarrassment,discomfort,annoyance or nuisance
to the DECLARANT or any owners.
E. No satellite dishes or exterior antenna or other aerials of any kind shall be
erected upon, maintained or permitted to remain on any Lot without written consent of the
DECLARANT or the Homeowners Association. DECLARANT reserves the right to limit the
size and location of any such device.
F. No yard sales or garage sales shall be permitted upon any Lot in this subdivision.
No clothesline shall be permitted except portable clothes tree stands which shall not be visible from
any street or road in the subdivision.
3

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BOOK PAGE
• 2802 0231
•
G. No animals,other than domesticated pet dogs,cats and birds,may be kept or
housed on any lot or any structure thereon. The maintenance or keeping upon any lot or
housed on any lot of a group or pack of two(2)or more hunting dogs Is expressly forbidden.
H. No sign of any character shall be displayed on any lot except:
a. a temporary standard"For Sale"sign which shall not exceed in size a total
•
of six(6)square feet;or
b. a property or owner Identification sign which shall not
exceed in size a total of two(2)square feet.
I. Any boats must be stored in a such a manner as to not be generally visible from
any street or road or other lots.
•
J. No lot shall be subdivided,or its boundary lines changed,by any owner except
with the prior written consent of the DECLARANT. However,the DECLARANT hereby expressly
reserves to itself the right to replat any two(2)or more lots shown on the recorded plat or map of
the property in order to create a modified building lot or lots;and,to take such steps as are
reasonably necessary to make such replatted lot or lots suitable and fit as a building site or sites;
provided that no lot originally shown on the recorded plat is reduced by more than twenty
percent(20%)from its original size-
ART1C1 F HI
1FSlCN ANC)ARCHITFCT(IRAI cnNTRnt•
6, The following design and architectural control restrictions shall apply for all lots:
A. No structure shall be erected,altered,placed or permitted to remain on any lot
other than a detached single-family dwelling not to exceed two and one-half(21/2)stories in
height,plus one or more accessory buildings,provided, however,that no garage apartments
shall be permitted;and,provided that any said accessory building may not be constructed prior
to the construction of the single-family dwelling and without the prior written approval of the
DECLARANT or its assignee;vinyl siding and multi-family dwellings of any type are expressly
forbidden.
B. No dwelling,building,fence,wall,or mail receptacle or other structure,of
whatever nature or kind,or any portion thereof,shall be erected,placed or altered on any lot, nor
shall the grade or elevation or physical characteristics of any such lot,or portion thereof,be
altered in any way whatsoever,UNTIL the proposed building plans,specifications,finishes.
materials,site and grading plan(showing the proposed location of such buildings or structures,
4
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• BOOK PACE
•
2802 0232
drives,parking areas,fences,walls,mall receptacles,and any proposed alterations to the grade,
elevation or physical characteristics of the site),and the construction schedule shall have been
APPRC1V91 IN WRWT1NC RY THE DF_Cl A.$AN ,OR ITS A.SSICGNFF Approval or disapproval of
any of the above may be based by the DECLARANT upon any ground,including purely aesthetic
and environmental considerations that in the sole and uncontrolled discretion of the
DECLARANT shall seem sufficient
•
C. Due to the fact that the establishment of standard inflexible building set back
lines for locations of dwellings on lots tends to force construction of dwellings directly to the side
of one another with detrimental effects on privacy,view,preservation of important trees and
other vegetation,ecological and related considerations,NO SPECIFIC SET BACK LJNES are
established by these Articles. In order to assure,however,that the foregoing considerations are
given maximum effect,the DECLARANT reserves the right to control and approve absolutely,as
stated in Paragraph B hereinabove,the site and location of any dwelling and/or structure upon
any lot
- D. No single-family dwelling design or plan will be approved by the DECLARANT
unless the proposed dwelling will have a two-car garage and the minimum required square
footage of"enclosed dwelling area". The term"enclosed dwelling area"as used in these
minimum size requirements shall mean the total enclosed area within a dwelling,provided,
however,that such term does not include garages,terraces.decks,porches,and like areas;
provided,however,that shed-type porches,even though attached to the house,are specifically
excluded from the definition of the aforesaid term"enclosed dwelling area". Said minimum
square footage shall be as follows:
a. Lot Nos. 1 through 48-2000 sq.ft
b. Lot Nos.49 through 97-1600 sq.ft,with a variance of 10%at
Declarant's discretion.
c. Lot Nos.98 through 122-2000 sq.ft
d. Lot Nos. 123 through 153- 1800 sq. ft.with a variance of 10%at
Declarant's discretion.
E. Any structure erected on the lots shall be of wood,stone,brick veneer,tiles,
stucco,or concrete and stucco,and the design,as well as the materials used,as stated
hereinabove in Paragraph B,shall be subject to the prior written approval of the DECLARANT.
Construction must be completed within 12 months from commencement of construction.
F. Each lot owner shall provide receptacles for garbage in a screened area on his lot
not generally visible from any street or road or other lots.
5

: • . ROOK PAGE
•
2802 0233
G. No fuel tanks or similar storage facilities may be exposed to view on any lot. Any
• such facility must be installed only within the main residential dwelling,within an accessory
building,within a screened area,or buried underground.
H. Each lot owner shall provide space on his lot for off street parking for not less
than three(3)passenger automobiles prior to the occupancy of any single-family dwelling
constructed on said lot. Said parking areas and driveways thereto shall be in accordance with
• reasonable standards and shall be constructed of asphalt,concrete,or any other material
" approved by the DECLARANT in writing as provided for in Paragraph B hereinabove.
• I. All utility lines of every type shall be located underground. DECLARANT reserves a ten
(10)foot easement along the property lines of each lot,with the exception of the Villa lots, (five
(5)feet on each side of property line)in order to erect,maintain,repair and use those utility lines.
However, nothing herein shall obligate DECLARANT to either erect, install, repair or maintain
any such utility lines.
J. No trees of any size,exceeding five(5)inches in diameter measured one(1)foot
above the ground,may be removed from any lot without the prior written approval of the
DECLARANT or its assignee;said approval to be based upon a site plan, landscaping plan,
or planting plan submitted to the DECLARANT.or its assignee, by the lot owner. Each lot
must have sod placed and an Irrigation system installed in the front yard of the property. All
landscaping must be completed within 3 months of completion of construction of the residence.
L Potable water is and shall be supplied to all lots within the development by New
Hanover County,Murrayvilie Water System and no owner of a lot in BLUE POINT shall be
permitted to drill or otherwise construct any water well on said owner's lot without the written
permission of DECLARANT or the Homeowners Association,or to use any other source of water
supply for household use. However,owners of lots in BLUE POINT may drill a private well for the
purpose,and only for the purpose,of providing a water supply for a lot or lawn sprinkler system.
ARTICLE IV.
FA.SFMFNTS AND PRfPFRTY RIGHTS:
7. A. The DECLARANT,by these presents.hereby establishes,grants,gives and
conveys to each and every future owner of a lot In BLUE POINT a perpetual,nonexclusive right-
of-way and easement for ingress,egress and regress over and across all of the private roads and
streets of BLUE POINT,all as shown on a map thereof,referred to hereinabove;provided,
however,that the obligation to maintain said private roads and streets,including,but not being
limited to,the repaving, repair and regrading thereof,shall be the mutual responsibility of the
owners so long as they are owners of lots,acting by and through the Association. The cost of
6

•
: BOOK Np6c
. 2802 0234
•
said maintenance shall henceforth be a common expense of the Association,and each member
thereof shall be assessed his prorata share of the annual cost thereof as part of his annual
assessment,as stated hereinbelow. ft is the intent of the DECLARANT that this grant of
easemor;be deemed hereinafter as an appurtenance to each and every lot within BLUE POINT.
Conveyance or transfer of the title to any lot in BLUE POINT shall be deemed to include this
easement whether expressly stated therein or not THE DECLARANT EXPRESSLY RESERVES
(PTO ITSELF,ITS SUCCESSORS AND ASSIGNS,THE RIGHT,POWER AND PRIVILEGE TO
GRANT AN EASEMENT OF INGRESS,EGRESS AND REGRESS OVER AND ACROSS THE
PRIVATE ROADS AND STREETS OF BLUE POINT TO OTHER OWNERS OF REAL PROPERTY
LOCATED ADJACENT TO OR CONTIGUOUS WITH THE DEVELOPMENT,UPON SUCH
TERMS AND CONDITIONS AS THE DECLARANT ALONE DEEMS NECESSARY.
B. Every owner shall have a right and easement of enjoyment in and to any and all
other common areas which are owned or leased by the Association for the enjoyment of the
owners;this right and easement of enjoyment shall be appurtenant to and shall pass with the title
to every lot
ARTlCI F V.
THE ASSOC•IATIC)N•
8. A. MEMBERSHlp Alva yr1TINC RIC•HTS: The qualifications for membership
in the Association,the manner of admission to membership in the Association,the manner of
termination of such membership,and the voting rights of the members of the Association shall
be as set forth in Article VI of the Articles of Incorporation of the Association which are recorded
In Book ,at Page ,in the Office of the Register of Deeds of New Hanover
County,North Carolina,the provisions of said Article VI being incorporated herein by reference.
•
•
B. AS.SFSSMFNTS,I IARII(Ty,I IEN ANa FNFflt C FMFNT: The Association has
heretofore been given authority to administer the operation and management of the common
areas of the property,it being recognized that the delegation of such duties to one entity is in the
best interests of the owners of all residential lots in BLUE POINT.To properly administer the
operation and management of the common areas,the Association will incur,for the mutual
benefit of all the owners of residential lots,costs and expenses sometimes herein referred to as
"common expenses". To provide the funds necessary for such proper operation, management
and capital improvement,the Association has heretofore been granted the right to make,levy
and collect assessments against the members of the Association and their residential lots. In
furtherance of this grant of authority to the Association to make,levy and collect assessments to
pay the costs and expenses for the operation of,the management of,and for capital improve-
ments to the common areas,which for the purpose of these Articles shall be deemed to include,
but not be limited to,the private streets and roads of BLUE POINT,the following shall be
operative and binding upon the owners of all residential lots:
7
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,r.., V.) .
• ,ti j t} } n%ys'..

BOOK PAGE
2 B 0 2 0235
•
B.(1) f rnrtinn n(thn I trn•
i. Each owner,by acceptance of a deed therefor, whether or not it shall be
so expressed in such deed,is deemed to covenant an;agree to pay to
•
the Association:
il. annual assessments or charges,and
lii. special assessments for capital improvements or special assessments as
• established by the Board of Directors of the Association,such
assessments to be established and collected as hereinafter provided.
iv. The annual and special assessments,together with the interest,costs,
and reasonable attorney's fees,if any,shall be a charge on the lots and
shall be a continual lien upon each lot against which they are levied. Each
such assessment,together with interest,costs and reasonable attomey's
• '. { fees,shall also be the personal obligation of the person or entity that is
the owner of such lot at the time when the assessment falls due. The
• ' personal obligation for delinquent assessments shall not pass to any
successor in title unless expressly assumed by him.
B.(2) Purpose rf Asceccments: The assessments levied by the Association shall be
used exclusively to promote the recreation,health,safety and welfare of the residents of the
property and in particular for the maintenance of all private roads,streets,easements and rights-
of-way of the property,as well as the acquisition and maintenance of any and all other common
areas of the property,including but not limited to,the cost of repairs,repaving,replacements •
and additions,the cost of labor,equipment, materials,management and supervision,the
payment of taxes assessed against the Association,utility services and the procurement and
maintenance of Insurance as may be deemed necessary by the Board of Directors.
B.(3) MarimiimAnnual AScecsmrnt: The maximum annual assessment for each
calendar year shall be established by the Board of Directors and may be increased by the Board
of Directors for any calendar year without approval by the membership by an amount not to
exceed ten percent(10%)of the maximum annual assessment of the previous year.
The maximum annual assessment for any calendar year may be increased
without limit by a vote of two-thirds(2/3)of the members who are voting in person or by proxy at
a meeting called for this purpose.
B.(4) Special Acceccmenrs for Capital lmprnv'rnentc: In addition to the annual
assessments authorized above,the Association may levy,in any calendar year,a special
assessment for the purpose of defraying in whole or in part,the costs of any construction,
reconstruction,repair,replacement or repaving of a capital improvement to the private roads and
streets of the property,or any other common area of the property,including fixtures and
personal property related thereto,provided that any such assessment shall have the assent of
• two-thirds(2/3)of the vote of the members who are voting in person or by proxy at a meeting
duly called for this purpose. All special assessments shall be fixed to the uniform rate for all lots
`.l';{;i ft''i •' A-"aJ• •
-tic} ,•

•
000K PAGE
'Y. • 2802 0236
• '`'•' and may be collected on a monthly basis.
B.(5) wing Capital: In addition to annual assessments and special assessments
• authorized above,the Association hereby establishes an assessment for working capital in the
. .. amount of$100.00 per lot to be paid at the time of each and every conveyance of property
located within Blue point by the person(s)or entity taking title to the property,
•
B.(6) Notice aril Qiroprm for any ArtionAidhorvedlindes Sprlionc R(3)and B(4):
• Written notice of any meeting called for the purpose of taking any action authorized under B.(3)
and B.(4)shall be sent to all members not less than ten(10)days nor more than sixty(60)days
-- In advance of the meeting.At the first such meeting called the presence of members or of
• proxies entitled to cast sixty percent(60%)of all votes of the membership shall constitute a
quorum. If the required quorum is not present,another meeting may be called subject to the
same notice requirement,and the required quorum at the subsequent meeting shall be one-half
(r)of the required quorum of the preceding meeting. No such subsequent meeting shall be
held more than sixty(60)days following the preceding meeting.
B.(6) RatP of Annual Accpecmpnt: Annual and special assessments must be fixed at a
uniform rate for all lots and shall be collected on a quarterly basis. The books and records of the
Association will be kept in such a manner that it is possible to determine and ascertain such
sums as are expended by the Association for the development,improvement,maintenance and
upkeep of all common area facilities of the Association.
B.(7) Bate and Commporpment of Annual AccPcsmpnts flu.latex: The annual
assessments provided for herein shall be collected on a quarterly basis and shall commence as
to all lots on the first day of the month following the conveyance of a lot to any owner other than
DECLARANT. The first annual assessment shall be adjusted according to the number of months
remaining in the calendar year. At least thirty(30)days in advance of each annual assessment,
the Board of Directors shall fix the amount of the annual assessment to every owner subject
thereto. The due date shall be established by the Board of Directors. The Association shall,
upon demand,and for a reasonable charge,furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified lot have been paid.
B.(8) Fffert of Nonpayment of AccPccrnentc Rpmertipc of the Accnriatinn: Any
assessment not paid within thirty(30)days after the due date shall bear interest from the due
date at the rate of ten percent(10%)per annum. The Association may bring an action at law
against the owner personally obligated to pay the same and/or foreclose the lien against the
property,and interest,costs,and reasonable auomeyus fees of such action or foreclosure shall be
added to the amount of such assessment No owner may waive or otherwise escape liability for
the assessment provided for herein by nonuse of any of the common areas or abandonment of
his lot
B.(9) Fffert of flpfault in Payment of Art Valnrprn TaYec or Acapccmpnlc for Puhlir
lmprnvempnt by the Accrriatinn: Upon default by the Association in the payment to any
governmental authority entitled thereto of any ad valorem taxes levied against any of the
9

•
, - BOOK PACE
2802 0237
•
•
common areas owned by the Association or assessments for public improvements to the
. common areas,which default shall continue for a period of six(6)months,each owner of a lot in
the Development shall become personally obligated to pay to the taxing or assessing
• governmental authority a portion of such unpaid taxes or assessments in an amount determined
by dividing the total taxes and/or assessments due the governmental authority by the total
number of lots in the property. If such sum is not paid by the owner within thirty(30)days
following the receipt of notice of the amount due,then said sum shall become a continuing lien •
on the lot of the then owner,his heirs,devisees,personal representatives and assigns,and the
taxing or assessing governmental authority may bring either an action at law or may elect to
foreclose the lien against the lot of the owner.
B.(10) Sul-warriinatinn of I ien tr,Mortgages: The lien provided for herein shall be
• subordinated to the lien of any mortgage,mortgages,deed of trust,or deeds of trust. The sale
or transfer of any lot shall not affect the assessment lien or liens provided for in the preceding
sections.However,the sale or transfer of any lot which is subject to any mortgage or deed of
• trust pursuant to a foreclosure thereof,shall extinguish the lien of such assessments as to the
payment thereof which become due prior to such sale or transfer.No such sale or transfer shall
release such lot from liability For any assessments thereafter becoming due or from the lien
thereof. But the liens provided For herein shall continue to be subordinate to the lien of any
mortgage,mortgages,deed of trust,or deeds of trust
A(2TIC I F VI
Tt-IF r FCLRMIT'S P HTS:
9. 1 A THE DECLARANT reserves unto itself a perpetual,alienable and releasable
easement and right on,over and under the ground to erect,maintain and use electric and
telephone poles,wires,cables,conduits,sewers,water mains and other suitable equipment for
the conveyance and use of electricity,telephone,television and cable Facilities,gas,sewer,water
or other public conveniences or utilities on,in or over the rear ten(10)feet of each lot,the front
ten(10)feet of each lot and the ten(10)feet along one side of each lot and such other areas as
are shown on the map of the property referred to hereinabove. These easements and rights ex-
pressly include the right to cut any trees,bushes or shrubbery,make any gradings of the soil,or
to take any other similar action reasonably necessary in the opinion of THE DECLARANT to
provide an economical and safe utility installation.
B. THE DECLARANT reserves the right to subject the property to easements and
contracts with electric,telephone,cable television,and other utilities for the installation of
underground cables,wires, pipes,or other necessary conduits for utilities,any of which may
require an initial payment and continuing monthly payments for the use thereof by the owners of
single-family residences within the property.
10

•
•
•
BOOK PAGE
• ft PT1(-t l✓VI►. ' 8 0 2 0 2 3 8
CIFNFR,AI PR()V4S1ON.S
•
•
• 10. A All covenants,conditions,restrictions and affirmative obligations set forth in these
Articles shall run with the property and all portions thereof,and be binding on all parties having
any right,title or interest in the property,or any portion thereof,their heirs,devisees,successors
and assigns,and shall inure to the benefit of the same,for a term of twenty(20)years from the
date these Articles are recorded in the New Hanover County Registry,after which time these
Articles shall be automatically extended for successive periods of ten(10)years,unless ninety
percent(90%)of the then owners agree to revoke the same. These Articles may be amended
during the first twenty(20)year period by an instrument signed by not less than ninety percent
(90%)of the owners and recorded in the New Hanover County Registry,and thereafter by an
instrument signed by not less than seventy-five percent(75%)of the owners and recorded in the
New Hanover County Registry.
B. The invalidation of any one of the covenants,conditions or restrictions contained
in these Articles by any court,agency or legislature shall in no way affect any of the other
covenants,conditions or restrictions contained in these Articles and they shall remain in full force
and effect.
C. Nothing in these Articles,nor in the recording of any plat or deed pursuant
hereto,shall dedicate(or be deemed to dedicate)to public use any of the property.
D. The Association,THE DECLARANT,and any owner,shall have the right to
enforce, by any proceeding at law or in equity,all of the conditions,covenants and restrictions of
these Articles,and any and all liens hereinafter imposed pursuant to the provisions of these
Articles. Failure by the Association,of THE DECLARANT or any owner to enforce any of the
above shall in no event be deemed a waiver of the right to do so thereafter. In addition to the
foregoing THE DECLARANT shall have the right,whenever there shall have been built on any lot
any structure which is in violation of these Articles,to enter upon said lot where such violation
exists,and summarily abate or remove the same at the expense of the owner,if after thirty(30)
days written notice of such violation the same shall not have been corrected by the owner. Any
such entry and abatement or removal shall not be deemed a trespass.
11
L' i

•
•
• BOOK
r PACE
• 2802 0239
•
IN WITNESS WHEREOF,the DECLARANT,MANASSAS,INC.has caused this
Declaration of Articles of Covenants,Conditions and Restrictions to be signed in its corporate
name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors,the day and year first above written.
........
MANASSAS,INC.
�r op GOR 9�:9`
r i cf+� y 'a BY:
Ipti‘ry/ MA EPSTEIN,PRESIDENT
AS6 ARY
STATE OF NORTH CAROIJNA
COUNTY OF NEW HANOVER
� I� a Nio tary Public of the County and State aforesaid, certify that me// 91 7//7•Vf , personally came before me this day and acknowledged
that 3 he is ,AZT/ Secretary of MANASSAS,INC.,a North Carolina corporation,and
that by authority duly given and as the act of the corporation,the foregoing instrument was signed
in its nape by its President,sealed with its corporate seal and attested by `jti' self as
its 5, Secretary. ty!
WITTIFS.S my hand and official stamp or seal, this ..J^' day of
L.
yfemb rr 2000.
�4��iXtO 01 t
Notary Public
My Commission Expires:
1/75/206 5
NtEB.op/4
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