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HomeMy WebLinkAbout78630A_Miller, III, Kenneth T_20201125v �\;4r,AMA / DREDGE & FILL g C D GENERAL PERMIT Previous permit -Modification 'Complete Reissue Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environmental Quality � 1.11 0 / and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC r �..� dies attached. n e, f'� —. M,, l -�e.0 T/ Project Location: County �-�ac t'-'� Applicant Name kQ, Af 2-8 Address Z�% % !.t S 2-7-Y . ",, Street Address/ State Road/ Lot #(s) S� iP ^ City I a,,j--b-, r. State/`)G ZIP Z% i0r( S-6'(e 401aJ—"ubdivision 1 2 art. S &cx , Authorized Agent �o.✓` S f„ l wn. E.�dra�t �t�itys ZIP Affected CW P� 'PTA ES ; PTS Phone # River Basin j�0.S� 4 Y oys+G• OEA _HHF : H UBA AEC(s): nvs- N/A Adj. Wtr. Body, C. 4` �- (n�at /unkn) Closest Maj. Wtr. Body o41 A ORW: yes en-. PNA yes /rno� Type of Project) Activity T : .�,. (l /� —cam,` x �'-� r� �� A-, t� - API �3 x 3' -��g<r P. cin� `7.� . SA- e.oc el C-, i (Scale: ��r� cloIF } Pier (dock) length Fixed Platfomt(s) 7e L�.f' I A/V Boating Platform(s) T Finger piers)' ti r` -43 Groin length number BuWkead/ Riprap length distance J?A5/ A avg offshore max distance offshore S�S gay Basin, channel -(^9 G U cubic yards Boat ramp . ry Boathouse oath t �p2"9 1C Beach Bulldozing Other d �[�.�� �.�f n "Y V Ic Shoreline Length Z Z>o a "0 SAY: not sure yes Moratorium: yes no Photos: \1 yes Waiver Attached: yes A building permit maybe required by: MCx r, Cr k n±q ( Note Local Planning Jurisdiction) Notes/ Special Conditions-� .'� c- 5 it CA 1 n 0. Kth 1 ! l il:�cY- c�J� � �n A¢-r Agent or Applicant Printed Name - Signature ' Please read compliance statement on back of permit Application Fee(s) Check # '�Fi�cffS L/41/� il7/k/�/N/4 See note on back regarding River Basin rules. Perry4t er's Printed Name Sig lire / //-z-5iZ J Issuing Date c, Expiration Date A, - 0 Cj ssa�b� I �af+ra]�fNl� I \ 5 y ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to V e,•► I~: 1 f i 'L 's l (Name of Prope Owner) property located at � Games �''� : G' a (Address, Lot, Block, Road, etc.) on Pr}^4'c� '� -� , in — (),%e.,v , N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (individual proposing development must fill in description low or attach a site drawing) �;4eL Q. 5� � k1 WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you 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. (Property Owner Information) Sign Prn�,�t or Type Name S�'4 q L, ) Maili�r g Address City/State/Zip E � =�-- Telephone Number/email address I 1 ^ -2, _ ao co f1. 41 *Valid for one calendar year after signature` (Adjacent Property Owner Information) —C-&' Signature Print or Type Name �j�yL yZ� Mailing Address Ll av-rm -, V C Z -15 t o City/StateMp 46x• q�aL 43�( Telephone Number/email address Date` (Revised Aug. 2014) ■ Complete items 1, 2, and J. ■ print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space perms_ --- ,-Article Addressed to'.L—and t n Hct+F-cress Home OWner,s LSD P. p. f3o X 3 NG a�943 Naf+eras, D. Is detn'ey e� - - II YES. erper delivery address below: AT YPe 3. ' tdaaR Rsee I u( I II I'I'I'I I'I I I III I I I I'I II II III II.II. I II�36AOCollMd 3.Mtscta Deerne D DD Delivy f'II 9590 9403 0304 5155 7978 DCerNied d Mai Ret+�D*Vety 'e••tl D � MM..ha DD CCoolllealooDpeekmyRestctd Devery ❑ Sgnatu.m CoMmatt�z O &i atun: Coirt- rcn _ 2. Ar 7018 1130 0000 7174 7632 W-tedDel�, Resu"'°0O�1V8" Domestic Return Receipt Ps Farm 9811, I022015 PSr+MIX12-000'� ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front it space permits. 1. Article Addressed to: A Signature i ' j� Agent X ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Rem 17 ❑ Yes If YES, enter delivery address below. FmLNc, I'I I'I I(II I I III 11111111111111111111 I'IIIIIIIIIIIIII1II D0 Adult ttSignatm Restricted Delivery ❑ ReW..d Ma ReMcted 9590 9402 3917 8060 2950 77 q Ma Restr -ted Delivery ❑ e,e�- ROR'CWfor rat on Deli. y t W nehl y rt-1 wted a liv.ry Signatu Confirmator- 1Maa ❑ Signature Conftrrnatlon 7020 0640 DODO 0140 0200 edMaiRestMtedDefvery ftes ld011i ry I""ssom P8 Fam 3811, J* 2015 PSH 7&*-02-000--3 Domestic Retum Receipt Phone Number: Email Address: Ln 1 certify that I have authorized Agent t Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Qoa4L;f $ POD Co p i wL4 1�, ac I,- at my property located at Sg&4& ^'c V;L L,'P ag -rt . ,P`s in County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Date This certification is valid through / i DOCK Sl_ cl�ll o RIPJ ollm (Proiact Site- Address,, Lot, Block, Road, etc.) 4- '-W'..at' "-7141FAi.y 14 An -s .......... - DESCRIPTION ANWOR DRAWING OF PROPOSED DEVELOPMENT ? — '? b. .1c - - Y! i �ft 1.11fln. -;, '�'vw aftoch a site dravAmq.; Alanagomalif in vwufmwithin 's 0 Jap, cif ri-zx4pr ii,' fhi:.; Carposrucmdance should be ,#Yaded to 401 S. Gfiffin St., Ste 300, Elizabeth City, NC, iMiq. =Af rwasmitafAms can also be contacfed at (252) 264-Ml. Uo?vspnn--,;e -rq considered the sjme as no objection if you have been exatified bv CwtMd Mail. . .0 226 MY wiser} Jar. .; 0 % BK 2420 PG 631 633 (3) x-v` This Document eRecorded: Fee: $26.00 dare County, North Carolina 2,heryl L. House, REGISTER OF DOC# 700085172 10/06/2020 04:11:31 PM Excise Tax: $86.00 Transfer Tax: $430.00 DEEDS Dare County Land,pnsfer No.: 3810-20 Land Transfer Tax: 430.00 1985 Sessions Law Chapter 670 (HB O LT # 3810-20 0 Land Transfer $ 430.0 % Excise Tax: $ 86.00 0 This instrument should be mailed to the preparer: Dixon & Dixon Law Offices, PLLC; P.O. Box 750, Avon. NC 27915 Delinquent taxes, if any, 1r be paid by the closing attorney to the County Tax Collector upon disbursement of closing proceeds. Brief Index Description: Boat Slip 28, TeacWs Lair Marina Condo Parcel Identifier Number. 015617005 File Number: MILCARO1-09, NORTH CA LIN A GENERAL WARRANTY DEED THIS WARRANTY DEED is made this Te% of October, 2020 by and between: 1*HAEL D. CARTER and Wife, LIS,( WIGGINS-CARTER Post Wri a Box 1037 Kerne9ville, NC 27285 6 (hereinafter referred to in the neuter singular as "the GrantQ- and KENNETH T. LER, III and Wife, ELIZABETH El ILLER 2301 US Highway South Tarboro, NC 2788 (hereinafter referred to in the neuter singular as "the Grantee"): (�X WITNESSETH, that the Grantor, for a valuable consideration paid by the Grai Ewe . the receipt of which is hereby acknowledged, and by these presents does hereby give, grant, bargain, sell and convey unto the GrMrt& its heirs, successors, administrators and assi. all of that certain lot or parcel of land situated in the Village of .Hatteras. Hatteras Tbw hip of said Dare County, North Carolina, more particularly described as follows: See attached Exhibit A. 0 le, Q The property herein described was acquired by the Grantor by deed recorded in Book 1575 at Page 207, in the Public Registry of Dare County. HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in f8e synple. The 46r covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful elan sof all persons whomsoever except for the following exceptions: Qn 1. `'ijd Valorem taxes for 2020 and all subsequent years. 2. S3� to any easements and restrictive covenants as may appear of record in the Public Registry of Dare County. This property does not ine nude the primary residence of the Grantor. (per NC GS § 105-317.2) IN WITNESS WHEREOF, the G7tor has duly executed the foregoing as of the day and year first above written. Q17 (SEAL) D. CARTER 4SA fty-42(SEAL) ARTER �p v STATE OF ! i , COUNTY 1, a Notary Public of the County and State aforesaid, that MICHAEL D. CARTER AND LISA WIGGINS-CARTER, Grantor Personally appeared before me this day and acknowledged execution of the foregoing instrument Witness my hand and official stamp or seal, this .!! - day of UMQj, 2020. My Commission Expires: (Si' 131 /ZZgJ 3 Pu �t��itio:�atuaaaaai A'�1Q Anf��ja'i - ,�. ETA r • . o --- o MY Comm. Exp. Q e, 07.31-2023 ? ' rJ Y� ✓. � r .ry . v vvv v v v.. . vvvvv . . .� V' �O Exhibit A Unit or slip 28, of The Teach's Lair Marina, a Condominium, as shown on a survey map or plat by W. C. Owen, PLS, entitled, "Teach's Lair Marina Condominium," dated August 13, 2003, and duly filed for record in Unit Ownership File 5, Slides 6 and 384, Dare County Registry, North Carolina, together with the undivided i %aesaid t in the Common Elements of the Condominium shown on said documents aand described as the Allocation of Undivided Interests in the Common Elem�ts and of the Common Expenses in the Declaration of Teach's Lair Marina Condo t3' um, together with all Exhibits attached thereto dated August 7, 2003 and duly filer record on August 25, 2003, in Book 1515, Page 271, Dare County Registry, North Carolina. 0 6 0 Filed 5"t Ot6 Puet 271 Ow Idt d1MR71 Vrse�2aa H g Radelpt C IM MU R WAri K9t9M OF oFFps OM co. No "hManmral fflauffE at�ae�s Prepared by and Return to: W. Jay Wheless Wheless & Whe'less, PLLC P. 0. Box 500 Manteo, NC 27954 NORtH CAROUNA DARE COUNTY DECLARATION OF TEACH' S LAIR MARINA CONDONMUM DECLARANT: Teach's Lair Development Company, LLC, a North Carolina Limited Liability Company (hereinafler "Declarant") CONSENTER.S: See Exhibit "F" attached hereto and incorporated herein by reference. DATE: August 7, 2003 RECITAL,S.- 1. T=h's Lair Development Company. LLC is the owner in fee simple of a certain tract of land and all improvements thereon. Said lands are situated in the Village of Hatteras, Dare County, North Carolina, and adjoin the shores of the Pamlico Sound. On this property, Declarant is contracting various improvements. 2. Teach's Lair Development Company, LLC 's construction project or development is known as "TEACH'S LAIR". As used herein, "Teach's Lair Development" shall mean the overall construction project, 'TE.ACH'S LAIR". Said development may consist of residential units {whether those residential units are condominium units, townhouse units or lots in a subdivision or IMMININIMININ 6ma �°OUt it%rlatt some other form of unit), a Commercial Area or commercial units, a Marina Area, and walkways, and/or recreational areas as planned and permitted to be constructed by Teach's Lair Development Company, LLC. 3. At the time of filing this Declaration, the residential units, commercial arcs or units, recreational areas and boardwalks ate not encumbered by title restrictions; however, these areas lying outside the cow orninium established hereby are and shall be governed by DWIarant, its successors and/or assigns and it shall own, maintain, repair and replace the roads, streets, bridges, docks, Fins, utility facilities and recreational amenities and facilities in the Residential Area of Teach"s Lair as further outlined in the various recorded documents relative to those sections of the development 4. The Commercial Area of Teach's Lair (which is generally comprised of all areas outside the condominium may consist of a condominium, townhouse, other subdivision or other fotm of ownership. The Commercial Area will be governed by its owner in accordance with rules and regulations as it promulgates from time to time. 5. The lands are further described in Exhibit "A" attached hereto and incorporated herein by reference. By this Declaration, Declarant submits the land and all improvements, easements, appurtenances, riparian and other incidental rights attaching .thereto (aft known as "Submitted Property") and further described in Exhibit "A" to the provisions of Chapter 47C of the General Statutes ofNarth Carolina and amendments thereto. A copy of said Chapter 47C is labeled Exhibit "C" and can be found in the offices of Declarant and/or the Association. 6. The Consmters have heretofore purchased or otherwise acquired land or interests in lands lying within the original outer boundaries of the Submitted property or have a*hcn'or other interest which requires consent to this Declaration. 7. Chapter 47C is generally known as the North Carolina Condominium Act and by this Declaration the Declarant estates a Condominium ("Condominium") with respect to the Submitfed Property. A maximum of thirty-two (32) Condominium Units may be built on the land that is hereinafter referred to as the Submitted Property (as hereinafter defined), which is submitted to the North Carolina Condominium Act by this Declaration. Declarant reserves the right to add other property to the Condominium, but in no event shall the maximum number of additional units exceed twenty-six (26). The area that Declarant might add to the Condominium is designated on the Plat as "FUTURE PHASE — NEED NOT BE ADDED". S. The Teach's Lair Marina, A Condominium, shall consist of the Submitted Property as defined below, and shall be governed by the Teach's Lair Marina Slipowners Association, Inc., or TLMSA, which shall be created as the Unit Owners' Association for this Condominium pursuant to the requirements of the Act. Each Slipowner shall be a member of the TLMSA which shall have the duty to ensunc and maintain the overall integrity of the Condominium, and to own, improve, maintain, repair and replace the docks, piers, amenities and facilities constituting the Common Elements of the Condominium. MM10011HIN ra nl'fsa i t 2SM NOW, THMFOR& Declarant hereby makes this Declaration fur the purposes and subject to all the terms and provisions hereinafter set forth and Consenters consent to this Declaration. ARTICLE ONE DEFIIdi'I'ION3 1.1 Definitions. Any terms defined in Section 47C-1-103 of the Condominium Act and found in the Condominium Documents shall have the meanings specified in the Act unless the context requires otherwise and except to the extent, if any, that such definitions are changed below. In addition, the other terms defined below shall- be deemed to have the meanings specified"herein whenever they appear in the Condominium Documents unless the context requires otherwise. 'These terms shall maintain the meanings specified in the Act or herein although they may appear in lowercase or uppercase print either in whole or pact a "Act" means the North Carolina Condominium Act, Chapter 47C of the North Carolina General Statutes, as amended. b. "Assessment" means the share of the Common Expenses assessed periodically against a Condominium Unit and its Owner by the Association in the manner provided herein. C. "Association" means the Teach's Lair Marina Slipowners' Association, Inc., a North .Carolina non-profit corporation, formed for the purpose of exercising the powers of the Association under the Act and the Condominium Documents (sometimes hereinafter referred to as the'TLM,SA"). d. "Board of Directors" or "Board" means the board of directors of the Association that is the governing body of the Association. e "Boats" mean any form of water -going vessel or craft including, but not limited to, boats, charter boats, yachts and ships. f. "Bylaws" means the bylaws of the Association, as amended from time to time, a copy of the initial Bylaws being attached hereto as Exhibit "B" and having attached thereto the Articles of Incorporation as Exhibit "B 1 ". g. "Common Elements" mean all portions of the Condominium other than the Units or Slips. h. "Common Expenses" means all sums lawfully assessed against the Unit or Slipowners by the Association for the following: expenses of administration, maintenance, repair or replacement of the Common Elements (including Limited Common Elements); expenses agreed upon as Common Expenses by the Association; expenses declared Common Expenses by the provisions of the Act, this Declaration or the Bylaws;. expenses owed to Hatteras banding Wastewater Association, Inc.; and, insurance penuums. INIIIININININ :Ir O76 IMPM "Condominium" mesas the Submitted Property submitted 'to the provisions of the Act by the Condominium Documents. j• "Condominium Documents" mean this Declaration, the Bylaws, the Art, the Plat and the Plans, including any and all exhibits, schedules, notes appended thereto, certifications and amendments thereof, as may exist from time to time, and recorded pursuant to the Act k. "Condominium Unit" means a-Utiit or Slip togetl a with the undivided interest in the Common Elements appertaining to that Unit or Slip. "Declarant" means The Teach's Lair Development Company, LLC, a North Carolina Limited Liability Company, which is the fee simple owner of the Submitted Property and has executed this .Declaration, m ."Declaration" means this Declaration as amended from time to time. n. "Director" means a member of the Board of Directors. o. "Docks" mean all dock structures including, but not limited to, piers, pilings, decks, gangways, stairs, mooring pilings, cleats and dolphins located within the Submitted Property, and may include both Limited Common Elements and Common Elements. P. "First Mortgagee" means the holder of a first -in -priority Mortgage. q. 'Toreclosure" includes, without limitation, the judicial foreclosure of a mortgage or the exercise of a power of We contained in any Mortgage or the foreclosure of an assessment lien against a Unit Owner. r. "institutional Mortgagee„ means one or more commercial or savings banks, savings and loan associations, trust companies, credit unions, industrial loan associations, insurance companies, pension funds, or business trusts including, but not limited to, real estate investment trusts, any other lender regularly engaged in financing the Purchase, construction, or improvement of real estate, or any assignee of loans wade by such a lender, or any combination of any of the foregoing entities. s• "Lease" means any lease, contract, tenancy, sublease,• rental contract or other occupancy agreement whether oral or written. t "Limited Common Elements" means a portion of the Common Elements reserved for the exclusive use of one or more, but less than all, of the Units or Slips. U. "Majority" means more than fifty percent (501/o) in any context unless a different percentage is expressly required. $108972 21 /ZN7 9 IMMINNINIIIII 8 I MPM V. "Marina" means that portion of the Teach's Lair Developmerr , located on the lands now generally known as Teach's Lair adjoining on its West boundary Hatteras Landing development scar the southwesterly tip of Hatteras Island, Dare County, North Carolina, and consists of the Submitted .Property described in the attached Exhibit "A", together with all improvements located thereon, and including any easements and rights in adjoining areas granted to or reserved by the Association and its members. W. "Marina Waters" mean the waters from time to time located -within the boundaries of the Submitted Property and tyidg above the Submerged Lands, and is sometimes referred to herein as the "Marina Basin". x "Mortgage" means a mortgage, deed to secure a debt, deed of trust security agreement or other insturnent conveying a lien upon or security interest to a Condominium Unit- as security for indebtedness or for the performance of an obligation. Y. "Mortgagee" means the holder, guarantor, insurer of a Mortgage or a beneficiary under a Deed of Trost. Z. "Occupant" means any person, including, without limitation, any guest, invitee, tenant, lessee or family member of an Owner occupying or otherwise using or visiting at or in a Unit or Slip. aa. "Officer' mains an officer of the Association. bb. "Owner" has the same meaning as Unit Owner or Slipowner. CC. "Plans" mean the plans for the Condominium which were certified and filed for record contemporaneously with this Declaration, and recorded in Unit Ownership File -5 _, Slides 68 3 through ��AT, Dare County Registry, as amended and certified from time to time. dd. 'Plat" means the plat of survey for the Condominium which is certified and recorded in Unit Ownership File _5_a Slides 3 e 3 through a c _, Dare County Registry, as amended and certified from time to time. Co. "Record" or "file for record" nxsns filing for record in the Office of the .Register of Deeds of Dare County, North Carolina. ff. "Schedule of Unit Information" means the schedule attached hereto as Exhibit "D", which schedule shows for each Condominium Unit its Unit Designation or Identifying Number, dimensions, undivided interest in the Common Elements, member of Votes in the Association, and share of liability for Common Expenses. 6198971 PUGS 6 at n IMMINNINIMIN MIW12M 1IMPM $S. "Sine" means the length in feet of a Unit or Slip as determined by reftt=ce to the Plat and Plans and rounded to the nearest whole number. hh. "Slip" has the same meaning as Unit ii. "Submerged Lands" mean those areas within the boundaries of the Submitted Property described in the attached Exhibit "A" which lie below and at the bottom of the marina waters. ASubmitted Pmperty" means the property lawfully submitted to the provisions of the ct and the Condominium Documents from time to time by the recordation of Condominium Documents in accordance with the Act. The Submitted Property is the land (including Submerged Lands) described in Exhibit "A" and shown on the Plat together with all improvements thereon and all rights and easements appurtenant thereto. kk. "Unit means a portion of the Condominium intended for independent ownership and use, as more fully set forth and shown in the Condominium Documents and the Act, and is sometimes refraed to in the Condominium Documents as a "Slip" or "Boat Slip". IL "Unit Designation" means one or more numbers or letters or combination thereof that identify each Unit or Slip, as set forth in the Schedule of Unit Information, and as shown on the Plat and Plans. mm "Unit owner" or "Slipowner" has the same meaning as Owner and iueana one or more persons, including the Declarant, who own a Condominium Unit. This terra does not include a Mortgagee in its opacity as such, but shall include any person, firm, corporation or entity capable of holding title to real estate in North Carol m ., rm. "Unsold" shall mean not yet having been conveyed oo. "Vote" means the vote in the .Association appertaining to each Condominium Unit. ARTICLE TWO CREATION OF THE CONDOMINIUM 2.1 Submission to the Act. Declarant hereby submits the Submitted Property to the Act and Consenters consent to the same. The Submitted Property and every interest therein shall, aRer the recording of this Declaration, be owned, held, transferred, sold, conveyed, used, leased, occupied, mortgaged and deeded in taut subject to the Act and the Condominium Instnunents. Every person acquiring or having any interest in the Submitted Property, by acceptance of a deed or other instrument of any kind, whether or not such deed or other instrument is signed by such person or otherwise agreed to in writing shall take such interest subject to the Act and to the Condominium Instruments and shad be deemed to have agreed to the same. 971 ISM11IM111011 t� I of 129U 114SPM 2.2 Name. The name of the Condominium is "Teach's Lair Marina, A Condominiums". 2.3. Cioverniruz Provisions. The Condominium, the Association and each Unit Owner shall be governed by the Act, the Condominium Documents and any rules and regulations addpted by the Association pursuant to the Condominium Documents. f ` 1' • i !' i f • It 3.1 Sub dited_- The Submitted Property is described on Exhibit "A" and shown on the Plat, cud includes all improvements fereon and all rights and easements appurtenant thereto. The improvements may include up to thirty-two (32) Boat Slips or Units and adjoining docks, walkways, and other improvements shown on the Plat and Plans. 3.2 Condominium Units: The Condominium may contain up to thirty-two (32) Condominium Units or Slips, the Identifying Numbers of which are Be out on the Schedule of Unit Information and are shown on the PIat and Plans. Each Condominium Unit consists of the Unit or Slip together with its undivided interest in the Common Elements. The Schedule of Unit Information sets forth for each Condominium Unit its Identifying Number, dimensions, and undivided interest in the Common Elements, Votes in the Association and share of liability fbr Common Expenses. The allocation of undivided interests in the Common'Elements and of the Common Expenses is based on the length of each Slip as compared to the total length of all Slips. The votes in the Association are equally allocated to all Slips. All Units or Slips may consist of wooden,Pilings and any wooden docks encroaching within the boundaries of said Units or Slips. Each Condominium Unit shall constitute for all purposes a separate parcel of real property,that may be owned in fee simple and which, subject to the provisions of the Act and the Condominium Instruments, may be conveyed and encumbered The undivided interest in the Common Elements for each Condominium Unit shall not be altered except as expressly provided by the Act and this Declaration. Such undivided interest shall not be separated from the Slip of Unit to winch .it appertainx and shall be deemed to be conveyed or encumbered with the Slip or Unit even though such interest is not expressly mentioned or described in the conveyance or other instrument. Each Slip or'Uait Owner shall automatically be a member of the Association which membership shall continue during the period of ownership of the Condominium Unit by such Slip or Unit Owner.. 3.3 Slip Boundaries. Each Unit or Slip shall include all the space within the boundaries thermf as shown on the Plat and Plans. The perimetrical or vertical boundaries of each Slip are the vertical planes which may, but need not, pass through the ccntes of the nmoring pilings And the outermost surfaces of the Docks or finger piers surrounding that Slip and the extension thereof out into the Marina Basin as shown on the Plats and Plans. The perimetrical slip boundaries are extended to their intersection with the other perimetrical boundaries of that particular slip and the horizontal boundaries of the Slip as shown on the Plats and Plans. The upper and lower horizontal boundaries of each Slip shall extend upward and downward, respectively, to the full extent allowed by general principles of North Carolina real property law, and shall include the water and airspace within the Slips and the portion of the Submerged Lands lying beneath the su rfb= waters of the Slips, and extend to their intersection with the perimetrical boundaries of the Slips. If any conduits, wires, pipes or any other apparatus Iles partially within or partially outside of IIIIIIN II Iffill°� � � ::23, the designated boundaries of a Slip, any portions thereof which serve only that Slip shall be deemed a Limited Common Element of that Slip, while any portions thereof which serve more than one Slip or any portion of the Common Elements shall be deemed a part of the Common Elements. In interpreting the Plans, the metes and bounds exprrsscd in any Plat or Plans, regardless of settling or lateral movement of the Docks and regardless of minor variance between the boundaries shown on the Plans or in a deed and those variances between the boundaries shown on the Plans or in a deed and those of the Slip, shall be conclusively presumed to be its boundaries rather than the existing physical boundaries of a Slip as they exist on the date in question or of a Slip reconstructed in substantial accordance with the original Plans thereof. A boat while moored in a Slip may extend up to five (5) feet outward from the Slip into the Marina Basin provided the portion of said boat lying outside the Slip boundaries does not block or otherwise interfere with the use of the Marina Wafts by other boats and Slipowners. If an Owner acquires an adjoining Slip, thereby becoming the common Owner of adjoining Slips, such Owner shall have the right (subject to the prior written approval of the Mortgagees of the Slips involved and any other approvals necessary as outlined in any Condom niuin Documents) to -remove all or any part of any intervening Docks or pilings notwithstanding the fact that such partition may, m whole or in part, be part of the Common Elements, so long as no portion of any other Common Elements, serving any other part of the Condominium, is damaged, destroyed, or endangered, The alterations permitted by the preceding sentence shall not be deemed an alteration or relocation of boundaries between adjoining Slips, nor an alteration of the allocated interest in the Common Elements, Vote assigned to each Slip, share of Utility for Common Expense Assessments or other appurtenant rights or interea as such appears on the Schedule of Unit Information attached hereto as Exhibit Th. 14 Common Elements. The Common Elements consist of all portions of the Condominium other than Slips or Units. Certain portions of the Common Elements are Limited Common Elements, as set out in Section 3.5. The Association and the Slipowners agree that said Common Elements shall not be subject to partition or division except as follows: 3.4.1 Notwithstanding any provisions herein to the contrary, it is express ,Mvided that the Association may convey to the Declarant any portion of the Comsmon Elements theretofore conveyed to the Association in exchange for other portions of the properties conveyed by the Declarant to the Association provided that all conveyances are approved by the Board of Directors of the Association. Upon such conveyance, the area thus conveyed to the Declarant shall cease to be a portion of the Common Elements and shall cease to be subject to the provisions of these covenants relating to the Common Elements, but the area thus conveyed to the Association aball become Common Elements and subject to the provisions of this Declaration relating to Common Elements. 3.5 Limited Common Elements. The Limited Common Elements are those portions of the Common Elements which are reserved for the exclusive use of one or more, but less than all, of the Slips. Limited Common Elements are not separate and apart from the Common Elements in general, but are limited only with respect to the exclusive use thereof by the Slip or Slips to which they are assigned Limited Common Elements are assigned as follows and not otherwise: 3.5.1 The docks, pilings, finger piers, gangways, steps, decks and walkways, utility posts, meter boxes, electrical boxes, cable television and telephone Brea, power outlets and water faucets or spigots for ,hose connections, cleats, wires, pipes and conduits which serve a Slip and which are appurtenant to each Slip shall be Limited Common Elements assigned to the Slip or Slips having direct access thereto or direct use thereof. If such arc assigned to serve one or more, but less than all, of the Slips, then it shell be a Limited Common Element appurtenant to the Slip or Slips so served 3.5.2 The Board of Directors of the Association shall have the ultimata power and responsibility for determining whether Limited Common Areas in need of repair are to be the obligation of the entire Association or tie obligation of the Owners of the Slips that those Limited Common Elements serve. • 'The Board may, by maim* vote, determine the amount and levy any special Assessments for repairs of Limited Common Elements consistent with its determination pursuant to this paragraph. 3.6 DeyelopMeent Figs The Declarant has planned for a maximum of thirty- two (32) Boat 8lips/Condominium units to be constructed on the Submitted Property and submitted to the Act Reference is hereby made to the Plat and Plans made a part hereni which Plat and Plans. will show the location, size, and dimensions of the entire Condominium once completed The Declarant reserves the right to develop and construct the Slips and improvements shown on the Plat and Plans and to have such Slips deemed to be separate Emits and not a part of the Common Elements. Such Slips, including those area labeled ' F[TI1W PHASE — NEED NOT BE ADDED", will be built, if at all, within three (3) years of the recordation of this Declaration of Condominium. The development rights herein reserved may be exercised with respect to different portions of the property submitted herein at diftent times. No assurances are made as, to the boundaries of those portions or the order in which those portions may be subjected to the exercise of each development right No assurances are given that if a developnte4t right is exercised with regard to one portion of the Submitted Property subject to development rights, that development rights will be exercised in all or in any other portion of the remainder of the Submitted Property. With regard to those Slips and improvements shown on the Plat and Plans and labeled "NEED NOT BE ADDED", they NEED NOT BE ADDED, and the Declarant hereby reserves the right to refrain from the development of such Slips and the slips and surrounding areas shalt remain the property of the Declarant. The Declarant hereby reserves for its benefit, its agents, lessees, employees, successors and assigns any and all easements and accesses necessary over and through the Submitted Property and any adjoining lands for the building, developing, compkdon"and operation of Teach's Lair, including Teach's Lair Marra, A Condominium, according to its Master Plan, which may be amended at its sole option. The Declarant hereby reserves for its benefit the right to develop and improve land and properties in Teach's Lair, in its sole discretion, shall deem proper_ The Declarant reserves for its benefit the right to create additional condominium regimes and other planned communities in Teach's Lair and to add such to the area governed by the Teach's Lair Marina Slipowners Association, Inc. or any other association to which the additional regimes may apply or be subject Declarant reserves the right to add other property to the Condominium, but in no event shall the maximum number of additional units exceed twenty-six (26). The area that 871 RMNINIIIIINININ e� Is of Dcclaraut might add to the Condominium is designated on the Plat as "F"UTUM PHASE — NEED NOT BE ADDED". The plan of Teach's Lair Development Company, LLC, is to build and develop residential and commercial units surrounding the Teach's Lair Marina basin. The commercial units may be condomWum units, townhouse units or lots in a subdivision or any other form of unit, but no assurances are given that any or all of such units.sball be constructed or developed or that once developed the use or nature of the unit will not change. To the extent any such units are completed or developed, the owners will be subject to membership in any applicable owners' association created by Declarant and the owners of any urnitf so added will be obligated to pay their prorate share of the common expenses of said association. 3.7 General Condominium and Association Information. 3.1.1 All Slipowners, as members of the Association, shall have the right to vote on Association matters in accordance with the votes allotted to Slips owned by that member. the TLMSA shall bane the right and duty to maintain and improve the docks, piers, pilings, decks, walkways and other improvements constituting the Common Elements of the Condominium and to charge the Slipowneas for their proportionate share of the costs of such maintenance and improvements. Among these costs may be an amoumi due to the owner of the Commercial Area needed to maintain and repair those portions of the Common Areas of the Commercial A= which are subject to a non-exclusive license for vehicular parking and pedestrian use for the benefit of the Slipowners, their respective agents, employers, guests and invitees. This non-exclusive license for vehicular and pedestrian access and vehicular paddng shell be shown and designated as such on the Plat and Plans of Teach's Lair Marina, A Condominium, and the plat, if any, of the Commercial Area of Teach's Lair or the overall Teach's Lair Plat. This license is revocable, not transferable other than with the title to the Unit, is not coupled with any intmuts is the land, is not necessarily incidental to the ownership of a Slip and is not created pursuant to any legal relationship or obligation to do so. Furthermore, the owner of the Commercial Area shall assess or otherMse bijl the T.LN4 SA and the Commercial Area tenants (or other owners of any unit within the boundaries of the Commercial Area) the costs of maintaining and repairing the roads, parking areas, and entrance landscaping to Teach's Lair from the North margin or right of way of NC Highway 12. 3.7.2 No boat, vessel or other water -going craft shall be docked or moored in the waterways and canals in Teach's Lair, including the Marina Basin, so as to block or Binder the reasonable access, ingress and egress of others. 3.7.3 In the event the Declarant shall at any time provide any services for potable water, sewer, garbage and trash pickup, and street, sidewalk and street lighting maintenance to this Condominiums, the Declarant is hereby given, and granted the right, at its sole option, to assign and transfer its duties and obligations of providing such services to the TLMSA along with all right, title, or interest to any service facilities the Declarant may have. On behalf of the Slipowners, the Association will be 'a member of the Hatteras Landing Wastewater Association, lne. Assessments by the Hatteras Landing Wastewater Association, Inc. will be made to the Association and it, in turn, will assess each Slipownes according to the Slipowner's prorate share of common eacpenses as set forth herein and in the Condominium Instrurruents. Details of the Hatteras Landing Wastewater R 6108971 PON$ 11 of Is Association, Inc., its composition, powers and duties may be found in the rec*ded instrument entitled, "Declamation of Wastewater System Management Agreement," recorded in Book 1120, Page266, Dare County Registry. Unit Owners take title to their slipshmits subject to the Declaration of Wastewater System Management Agreement. The Condominium shall be supplied potable water by Dare County which may be billed direct to the Slipowner for usage or to the TLMSA in which event it shall become a Common Expense of the Association 33.4 Dare County currently provides trash and garbage collection and pickup. Slipowners must transport their trash and garbage to a dumpster which will they be eked by Dare County. In the event "door-to-door" pickup is provided to individual Slipowncrs, any such "door-to-door" pickup will be provided by the Association or Dare County and not by the Dom, unless otherwise agreed. The Association will arrange for trash or garbage pickup that requires special handling, e.g. fish carcasses. �3.5 The MOA accepts the responsibility to provide installation and maintena a of lighting for the Condominium. The Declarant or the TLSOA shalt arrange for electrical services to the Condominium. Each Slip includes an electrical metes as a Limited Common Element. Until otherwise directed, charges for electrical services may be billed to the Slipowner by the Declarant until Declarant assigns this right to the Association. Electrical services shall be billed pursuant to usage as evidenced on the meter. Said billing by either the Declarant or Association shall be in accordance with applicable North Carolina law. Portions of the Condominium other than Slips may be supplied water and electrical services for the use and benefit of all Slipowners. The Association shall have the right and duty to charge the Slipowners, for such water and electrical services as a Common Expense of the Association. 3,9 Bylwm of the Teach's®Lair Marina Slid. wne s Agsociario Inc. The Teach's Lair Marina Slipownexs Association, isuc. shall be governed by this Declaration and the Bylaws of the Association attached hereto as Exhibit "B" and incorporated herein by reference. The said Bylaws contain provisions for hearings and the levying of fines against Slipowners and the suspension of rights and privileges granted to members of the Association In the event of a conflict or inconsistency between the terns and provisions of the said Bylaws and this Declaration, the terms and provisions of this Declaration shall prevail. 3.9 R% @dm Rights. The riparian rights of each Slipowner shall include: (1) the right to wharf out and to moor a boat; (2) the right of access to the navigable waters of Pamlico Sound; and (3) the right to exclude all others from his Slip, except as limited herein (as an example and not to be construed as a the only limiting Article, please see Article 10.15.6 regarding transient leasing). The riparian rights set forth as follows shall be the right and responsibility of the Declarant or the TLSOA, as the case may be, and not of the individual Slipowners: (1) the right to full, to wharf and to dredge or excavate for the purposes of gaining access to and maintaining channel depth to the navigable waters of Pamlico Sound; (2) the right to retain or dispose of spoils or other materials resulting from dredging or other excavation activities; (3) the right to seek and Pagel fa of 76 INEMINIMININ. 0112512298 Ifi2WR secure all necessary permits for construction, repair, and maintenance of the Marina and related activities. These riparian rights may be subject to the right of the sovereign to regulate commerce on navigable waterways and to require permits and licenses within the authority and jurisdiction of certain governmental agencies. If any of the Marina Waters or Submerged Lands shall hereafter be deemed to be within the public trust and domain, theta exists the right in the sovereign (whaffin the federal government or the State of North Carolina) to limit or prohibit the use of riparian rights without paying just compensation. ARTICLE FOUR EASEMEWS In addition to the easements created by the Act, the easements described in this Article from each Owner to each other Owner, to ,the 'Association, and to the Declarant are hereby granted, reserved and established, subject to and in accordance with the following terra and conditions: 4.1 Us* and EujEvery Owner shad have a right and easement of use and enjoyment in and to the Common Elements {'including the right to access, ingress and egress to and from his Slip over those portions of the Common Elements designated for such purpose), and such ehsement shall be appurtenant to and shall pass with the title to every Condominium Unit or Boat Slip, subject to the followmgprovis:ions and limitations: 4.1.1 The right of the Association to control the use and enjoyment thereof as provided by the terms of this Declaration, which shall include, but not: be limited to, the right of the Association to limit the use and enjoyment thereof to the Owners and their respective occupants, , as well as to provide for the exclusive use and enj oymeut of specaEc portions thereof at certain designated times by an Owner and his Occupants. 4.1.2 The right of the Association to limit the number of guests of Owners. 4.1.3 The right of Owners to the exclusive use of the Limited Common Elements appurtenant to their respective Slips. 4.1.4 The right of the Association to suspend the (1) Vote and (2) right to use any facilities of the Condominium by the Owner and his Occupants and Common Areas appurtenant thereto feu any period of time during which an Assessment against his Boat Slip or Condominium Unit remains unpaid or, for a reasonable time, for infractions of any provisions of the: Condominium Documents or rules and regulations duly pibmulgated by the Association. 4.2 Structural Suncort. Every portion of a Slip or the Common Elements that contributes to the structural support of another Slip or the Common Elements shall be burdened with an easement of structural support No owner shall be permitted to demolish his Slip except to the extent that such demolition may be required to repair or rebuild the Slip when the same has bem partially or totally destroyed. 4.3 Utilities. To the extant that my utility line, pipe, wire or conduit serving any 18MINNINININ p���2�liorffiWn Slip as a model. The size and location of the Slips are shown on the Plat and Plans. During the Period that Declarant owns any Condominium, Unit, Declarant, its duly authorized contractors, representatives, agents and employees, shall bare a transferable easement, 'on, over, through, under and across the Common Elements for the purpose of making improvements on the Submitted Property and for the purpose of doing all things reasonably necessary and proper in c om=tiou therewith. 4.8 Vie. 'There is hereby created a blanket easement upon, across, over and under all of the Submitted Property subject to this Declaration for ingress and egress, insulation, rePl=n& wiring and maintaining ad utilities; 'including, but not limited to water, sewer, gas, drainage, telephones, cabl"Won and electricity. This blanket casement is expressly in favor of but not limited to, the Declarant and the Teach's Lair Marina Slipowners Association, Inc., its directors, Officers, or agents. By virtue of this casement, it shall be expressly permissible for the electrical and/or telephone company providing service to erect and maintain underground and other equipment on saki property, and to -affix and maintain electrical and/or telephone wires, circuits, and, conduits on, above, across and under the common elements. An easement is ftutha granted to all law evforcwnant, fire protection personnel, garbage collectors, ambulance, rescue personnel and like persons to enter upon the walkways and Common Elements in the perf =ance of their duties. Further, an easement is hereby granted to the Association, its officers, agents, employees, and to any management company selected by the Association to enter in or to cross over the Common Elements provided for herein. Notwithstanding anything to the contrary contain in this paragraph, no sewer, electrical lines, water lines, or other utilities may be installed or relocated on said property except as initially approved by the Deciamm or thereafter approved by the Declarant or the Association`s Board of Directors. Should any utility fiunishing a service covered by the general easement herein provided request a specific casement by separate recordable docgmengs), Declarant or the Association shall have the right and authority to grant such easement. The easement provided for in this Section shall in no way abrogate other recorded easamersts on said Premises. Easements are hereby reserved over and through the Submitted Property for the use benefit and enjoyment of the Declarant, its agents, employees, successors and assigns for the installation and maintenance of docks, piers, Boat Slips, roads, streets and parking areas, if any, and for cable television services, sewage utility services, and such other reasonable services that the Declarant may, in its sole discretion, provide to the Condominium. Easements are hereby granted over and through the Submitted Property for the use, benefit and enjoyment of the Teach's Lair Marina Slipowners Association, Inc., its agents, employees, successors and assigns for the installation arid maintenance of any docks, piers, Boat Slips, roads, streets, parisineareas, if any, and such other properties or improvements in and adjacent to the Submitted Property owned by or entrusted to the Teach's Lair Marius Slipowners Association, Inc. Said easement in favor of Teach's Lair Marina Slipowners Association, Inc. shall include the rights of access, ingress and egress to fulfill its obligations under the Bylaws of said Association and all applicable Declarations and to enforce said Bylaws and Declarations against all Unit Owners in the Condo minium Easements of access, ingress and egress are hereby granted to Dare County over and through the Submitted Property as are reasonably necessary for the Nfilling of its obligations and purposes as a governmental body and for the providing of its services and utilities to the Condominium. Any casements and accesses herein granted or reserved by this and the preceding paragraph shall not N 41 c2" obligate the person, corporation, municipality or other entity in whose favor the easement has been granted or reserved to provide the services or improvements for which the ease meats have been created, unless, in each instance, they are otherwise obligated to provide such service or improvement. 4.8.1 The following additional eta have been granted: a. North Carolina Department of Transportation for the right of way of NC 12 recorded in Book 288, Page 403, Dare County Registry; b. Utility easements for existing utilities (the same arc not recorded easements) and as may arise by implication; C. Caps Hatteras Electric Membership Caagoration recorded in Book 173, page 179 and Book 174, Page 700, Dare County Regift and d. Rights of others in and to the � easements retained in deed of easement recorded mm Book 2881 Pap 403, Dare County Registry. 4.8.2 In no case shall Dare County be responsible for failing to provide any emmVmcy or regular fire, sheriff or other public service to the Condominium Units or their Occupants when such failure is due to the lack of access to such areas due to blocking of access routes, or any other factor within the control of the Declarant, the Association, or Occupants of 'the Slips. By acceptance of a deed to a Slip; each owner agrees and understands that access, both vehicular and pedestrian, is limited to, from end Tong the docks and Slips. Each owner accepts the access as is and for itself, its agents, assigns, successors and guest, does forever hold harmless and indemnify the Declarant and Association from any and all loss or damage which fawner, its agents, assigns, successors and guests may suffer as a result of personal injury, monetary liability, claims, deu3and.% vcosts or judgments against it arising out of; in whole or part, any alleged hwAcquacy of ehicular and pedestrian access in and around the Condominium, ARTICLE FIVE MAINZENANCE AND REPAIR 5.1 Association. The Association shall maintain, repair and replace all "portions of the Common Elements, except as may be herein otherwise specifically provided. This responsibility shall also include all Limited Common Elements appurtenant to the Slips. No diminution or abatement of Assessments shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform some fimction required to be taken or performed by the Association under the Act or this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance, order or directive of any municipal or other governmental authority. M IMM-1110111MIN'SITN12M MUM 5.2 S i wn M. Each Shipowner shall maintain, repair and replace all portions of his Slip, except those portions, if any, which are to be maintained, repaired or repko:d by the Association. The Slipowner shall maintain, repair and replace all fixtures, cgWpmeut and appliances installed in his Slip or located within the boundaries thereof, and all conduits, wires, pipes or otherapparatus located within the boundaries of such Owner's Slip or deemed to be a part thereof as provided herein Each Shipowner shall perform his responsibilities in such a manner so as not to unreasonably disturtt other persons in other Slips. Each Shipowner shall promptly report to the Association or its agent any defect or need for repairs for which the Association is responsible, Tbc Association shalt have the right, but not the obligation, to make any repair or replacement or to do any cleaning or maintenance which is the respansi_bflity of the Shipowner if the Shipowner ails or refuses to do so, and in such event the Shipowner shall be obligated to pay for the cost incurred by the Association for such work The Board of Directors shall have the sole right by majority vote to determine when any such repairs or replacements are made. The sums. spent by the Association purauint to this authority shall be conclusive upon the Slhpowner(s) to be assessed. Each Slipow = shall also be obligated to pay for the cost of repairing, replacing, or cleaning any item which, ahhaugh the responsibility of the Association, is neck by reason of the WWW or negligent act of such Shipowner or any of his Occup nt& The cost of any such repair, replacement, maintenance or cleaning shall be added to and become part of the Assessmwt or portion thereof nextcomingdue to which the Shipowner is subject and shall constitute a lien against the Slip in MW manner as other Assam. Each Owner shall: (i) Keep, the Slip, its appurtenant Limited Common Elements, -and any boat Within the Slip in a clean, orderly and safe condition and appearance at_ the. Owners aKpense; and (ii) Not paint or otherwise, alter the appearance of the Slip or its appurtenant Limited Common Elements without the Association's prior written consent. ARTICLE SIX AASSES&M S 6.1 Lien. Each Shipowner covenants and agrees to pay to the Association all Assessments (general and special Limited Common Element Assessments, or any other Assessments properly levied by the Association) provided by the Act and by this Declaration which shall be fixed, estsbhsheti and collected from time to time as hereinafter provided. Tie formula for allocating pert=ta,ge liability for Common Expenses and Assessments assigned to each Slip, as such are set forth in the Schedule of Unit Information, is based on the size (length) of each Slip as compared to total size (length) of all Slips combined All AssessmMts and other charges provided by this Declaration, together with interest thereon and costs of collection thereof as hereinafter provided, shall be a charge against and continuing on his Slip while he is the Owner. Any Slip shall be conveyed subject to a lien for any unpaid Assessments subject to the provisions of Section 47C-3-116 of the Act and Section 6.7 hereof (regarding Deeds in Lieu of Foreclosure). No Owner may waive or otherwise escape liability for Assessments by non-use of the Common Elements or ebandonmcmt of his Slip. Notwithstanding any other provision contained in this Declaration, the R 11MMINNNININ P"T��r•itrWH Declarant may choose to be responsible for all Common Expenses until the ebd of the period of Declarant control or until the Teach's Lair Marina Slipowners Association, Inc. makes a Common Expense Assessment, at which time the Declarant will be bound to coutn"bube to Common Expenses according to the allocations assigned to the Declarant for Slips which remain unsold. 6.2 General Annual Assessments. The amount of all Common Expenses not specially assessed against one or more, but less than all, of the Condominium Units pursuant to the Provisions of this Declaration, less the amount of all undistributed and laved excess of assessments and other income over expenditures, shall be assessed against the Condominium Units in accordance with the Schedule of Unit Informgtion, The Board of Directors shall establish the general annual Assessment in the manner set forth in this Section. During that portion of the Association's initial fiscal year, the anneal Assam applicable to each Condominium Unit shall be as set forth in the estimated budget for the Condominium delivered to each purchaser of a Condominium Unit. At least thirty (30) days prior to the annual meeting of the Association, the Hoard of Directors shall prepare and submit in writing to the Owners an estimated budget of the Common Expenses for the next succeeding fiscal year to be paid by Assessments colleted from the Owners, together with the amount of the annual Assessment payable by each Owner during such fiscal year. If the estimated budget proves inadequate for any reason at any time during the year, then the Board of Directors may levy at any time a further Assessment against the Owners and notify the Owners accordingly. If for any reason an annual budget is not made by the Board, a payment in the amount required by the last prior Assessment shall be due upon each Assessmt t due date until changed by a new Assessment. Common Exams of the Association to be paid through annual Assesses shall include, but shall not necessarily be limited to, the following Sections 6.2.1 through 6.2.9, inclusive, and the due dates) of any such special Assessments shall im specified by the Board of Directors. 6.2.1 Msasgerment fees and expenses of administration, including management, legal and accounting fees. 6.2.2 Utility charges for utilities serving the Common Elements and charges for other common services. 62.3 The cast of any master or blanket policies of insurance purchased for the benefit of all Owners and the Association, if any, including fire and other hazard coverage, public liability coverage, and such other insarInce coverage as the Board of Directors determines to be in the interest of the Association and -the Owners. 6.2.4 The expense of maintenance, operation and repair of the Common Elements as well as any maintenance upon the Slips which is the responsibility of the Association under the provisions of Article Five, if such expense is not covered by a special Assessment. 62.5 Charges for any utilities provided to the Slips and not separately metered, which shall be a Common Expense of the Association. W IN FA1111911 lilt INN I 11"W"nef I$ minim" 1jr=M IN WITMS W7ET WF, DwJarant has dosed this inst meat to he cc=W undo seal Pumumt to due authority as of the day and year first above writtm TEAC WS LAIR DEVEMPMM COWA I LLC a North Carolina Limited Liability Company DanDani& Enterprisaof rw&* Inc �. l - + 'i; Samuel C. Daniels, Secretary By, JoLuou Wwgery, LLC Br. (SEAT.) Roy C. 44, Maize 6 By. ` t Pa%9/MJdgCftrC u=M.-V. LLC LO Paley, Manager STATE OF COUNTYOF Adt�jdq°�'j that�lmt Nabuy Po6Iic d she a Stata and COMY, do hmeby �CC-Damuiads I Oil C me aria day and admowl=W that he is the Se acWy of DANM S Et;"RPFJM OF VMGD4K NC, a Wthda Cmpmmda; member of T.EACWS LAIR DEVELCPNEWr COi VANY, ILr, a NC 'blitcd C=P=Y, and thta by a aftdty d* 91M and as the act of the cmpmwjM do was dped in its name by its President, sesW wish it seat and aftmd by Saumd C. "'j`4 It Zao3 - X'1 V P BUC IPOotl3o mpla7d -:4H ]=ioq dw wu mp'To meo49 aftj paa Ipw go al amp pug COOL `;tr&6 9wq r3 1i.T. aOO H2TVQ VrTOM ILLHON "D AI /i�l��L/LNi1Q�Btyi�YCi �T'TStld A {d H OR �� hvp sm tow wp1m PmQ An mm4m 7mmammaaqx sm u! co PST km&aoo =Djo Pe 29 se Piro JOA=P4w 59 W=mWgftmS214=P.OftPmPm=M=*MPit PmkpsM2mwqpq M , ` 4UM P7=i ON a `Zrn `AidYdnM .LNWid MAga IUV'I SMYU 10 MMM'&d=D AnKWI Phi WRWID *MR Y °J-n MUD Xfivarfi `kw AjAwoma vNT'xmo REMN n043 `►i'i �3 �i!'! -0 `N xJldt'K'rJ avy(I or 1d AHYM Di7 d A OOZ 3o k:PP I= WpWu PaR pwq Lm smpA '�aan9pa{Mt�.�t g.ap'o? o" Pamim kBdmpoJ mu3g P$ ogz sa PasJDpMpq UD =&=W SR ==ABR *P92XV OT JD Rmpx Pa9 Go.== MR P*Rmompe pa hp sm am a PST ON a jrn `MV&Wo INHWcTO'MU(I ZV I SMVH.I. p =pm `kWIMOa 4mgwrl Pow twRawo qmN v in ` N£ Jo AftwK ` Wam D k u pW 6p= gqmq op `i=OJ PPS oq3o oMd lbwx Y 7 H1iVQ VNl'K}WVO IiMON iMRLIL )a a twodBRIMS� ILB"Si viewl Exhibit MID" SGI3kDULB OF UArr FORMATION Unit/Slip Number Slip-3 Total Leagth - -- Number of Votes -.•.�._,..._..._.. Pamentap w inWreat in the Common Bkmento 24 57.48 1 3.58 ZS 55.62 I 3.47 26 53.31 1 3.32 27 53.37 I 3.33 28 51.29 1 3.20 29 53:08 1 3.31 30 50.40 3.14 31 50.03 1 3.12 32 39.41 I 2.46 33 38.91 1 2.42 34 37.37 1 2.33 35 37.76 I 23S 36 48.45 1 3.02 37 47.46 1 2.96 38 4797 I 298 39 48.06 1 3.00 40 46.71 1 2.91 41 49.56 1 3.09 42 49.80 1 3*10 43 47.79 1 2.98 44 47.04 1 2,93 45 47.85 1 2.98 46 49.02 1 3.05 47 48.24 1 3.01 48 47.10 1 2.94 49 47.76 1 2.98 50 4998 1 3.11 51 49.77 1 3.10 S2 65.49 1 4.08 53 60.99 1 3.80 54 63.81 1 3.98 55 TOTAIS 63.75 1604.63 1 3.97 100.00% *The allocation of undivided interests in the Carnmon Elegy and of the CaFmmon Expenses is accooriing to the total platted length of each Siip to the total platted length of all Sups. The votes in the Association we'equaily allocated to, all Slips. IN�IIpIi�t�IBB�9A�',� � I.. a: 1 _ 3 a. Er OP7 ...: _ 2020 10r, 2020-10-22 `�•' 2020-10-2 lw `UL ill1LJ 1J I ! I r s,. 2020-10-22 2020-10-22 a