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