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HomeMy WebLinkAboutShildt, Mike & Michelle 91132CL/NIVOVV UI IVUIMd IVII U\.VIIIFlICIC RUIbbUH "rdFLldl RCISSUC As authorized b 7 tthe tate of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: 15A NCAC / �- C I, , l % ❑ Rules attached. General Permit Rules available at the following link: www.deq.nc.goy/CAMArules Applicant Name Address ' City Phone#(_)_ Email State P Authorized Agent Project Location (County): Street Address/State Road/Lot #(s) Subdivision City P Affected nCW EW 11 PTA FIES PTS Adj. Wtr. Body (nat/man/unk, AEC(s): F]OEA IHA F]UW SPI MA PWS Closest Maj. Wtr. Body ORW: yes//<o-T) PNA:yes/no Type of Project/ Activity / (Scale:: ) Shoreline Length.Il:i Access Length Pier (dock) length '.. Fixed Platform(s) Floating Platform(s) Finger pier(s) Total Platform area Groin length/# Bulkhead/Riprap length Avg distance offshore Breakwater/Sill --- - a Max distance/length ' Basin, channel Boat ramp Boathouse/Boatlift Beach Bulldozing: Other i SAV observed: yes no Moratorium: n/a yes no Site Photos: yes no �- Riparian Waiver Attached: yes no A building permit/zoning permit may be required by: Permit Conditions 1 i TAR/PAM/NEUSE/BUFFER (circle one) See note on back regarding River Basin rules See additional notes/conditions on back u %-omplete Kelssue U As authorized by the State of North Carolina, Department of Environmental Quality and the Coastal Resources Commission in an area of environmental concern pursuant to: 15A NCAC ❑ Rules attached. ❑ General Permit Rules available at the following link: www.dea nc gov/CAMArules i i Applicant Name ; I A" Authorized Agent Address Project Location (County): City Phone # (_ ) Email Affected F]cW AEC(s): 11OEA ORW: yes/no F]EW PTA EIIHA UW PNA: yes/r(o j Type of Project/ Activity Shoreline Length ) Access Length Pier (dock) length Fixed Platform(s) Floating Platform(s) Finger pier(s) Total Platform area Groin length/# - r Bulkhead/,Riprap length Avg distance offshore Breakwater/Sill Max distance/ length Basin, channel Cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other SAV observed: yes no Moratorium: n/a yes no Site Photos: yes no Riparian Waiver Attached: yes no A building permit/zoning permit may be re4—vu uy. Permit ZIP ES PTS SPIMA EIPWS Street Address/State Road/Lot #(s) Subdivision City ZIP Adj. Wtr. Body (nat/man/unk) Closest Maj. Wtr. Body (Scale:� )" ❑ TAR/PAM/NEUSE/BUFFER (circle one) ❑ See note on back regarding River Basin rules ❑ See additional notes/conditions on back Styron, Heather M. From: Hunter Bailey <hunterbaileybwm@gmail.com> Sent: Friday, February 3, 2023 8:34 AM To: Styron, Heather M. Subject: [External] 202 Lynn ct CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spa m.<mailto:renort.spam(cunc.aov> Heather, Got the sign up and here is a picture. You can see it from the road very clearly. Thank you Hunter Bluewater Marine p y• y �V a { V ` c 00 No 1 4 m Name of Property Owner Requesting Permit: M At4g --C�{ (L ; r. �" 16 AL l� I Mailing Address: 3 I i Y— jj N C a'-� Phone Number: 2z 2 3y g - SO/ Email Address: rn �22 , v�" ^, I certify that I have authorized 614C kla.k' /Yla✓ ime- S,ewve ,e"A LID /Il , (3m"mil 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: /Y4,/klieg L ,` dock jOos-L40 110.4S - dor- /ifmoud l n r at my mmnerty located at in �«��� County 1 furthermore certify that 1 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: Signature <<- C4ti.14+ Print or Type Name ,- Title 0s l 2022 Date RECFIVED Nov o 9 2022 DCIVi-MHU CITY Name of Property Owner. z� k GL Address of Properly: 2° 2 Z ti � C-� ' v"Z i N G (lot or Strhel S. Street or Road, City & Carly) Agents Name k �/Yvu✓a�r .M�HI fwvr"MailingAddress: /P G �De 9 3 Agenfsphonet. 2S'2 7Z3 35'Z3 A0,1zA44,,I (d��g—r,-V7 I hereby certify that I own property adjacent to lhd above referenced property. The individual applying for this permit has described to me as shown on the attached drawirigthe development they are proposing. A description or drawing, with dimensions must be provided with this letter. )_ I have no objections to this proposal. _I have objections to this proposal. iaveoWctions to whatis beingproposed,, youmustnotilytlreO valon of CoastalNanagewnt in writing wiM 10 days of receipt of this notice. Contact intarmation for DCN offices is teat NOVAww.nccoastalmanawnentne&WeWcmistaR-listin4 orbyca&g 1-WWC0AST.. ,.. k mnc d..d thn ....e nn nhfn fih. N.,, hsiu honn nntif-d hu Cartified Nail. WAIVER SECTION . I understand that a pier, dodo, mooring pilings, boat ramp, breakwater, boathouse, or lift 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.) li,' . D. N IC I do wish to waive the 15 setback requirement. I do not wish to waive the 15 setback requirement (Property Owner Information) sll or TypeNNam MaTargAddresb Jq'r, t) J " fo46 lsr�errn 2C.2--IL3 2zs Telephone Number/fmd Address /filk Li, 20IZ ale , (Riparian Property Owner Wormation) sip kR"Le Al eowftA>A PAnforTjpeName V, s i ( i -(c, a 0(07 CyyrSte &4 2s2-7Z3 TefAap/lwne Nw,tth/er/&WAathess Date MadsedAug. 2014) Name of Property Owner, _I + ` • lc- Cr c"A 1/r,�Ir C 1, 1(c eA, Address of Property: C r�r� } �Cc _«fir: , 4 /� (Loot or Street 0. W or Road, City 6 County) p Agent's Name t ere SdwWagingAddress: / A6 A 3 AgenPsphonetr 7.52 723 3523 .r*.d,. ere ?1YtNG 9963�7 I hereby certify that I own properly adjacent to the above referenced property. The individual applying for this Permit ties described to me as strown on the attached drawl igpe development they are pmposkV. A description or drawirw with dimensions must be provided with this letter. _ I have no objections to this proposal. _I have objections to this proposal. ffyouhave objections to whatlsbanyproposed, youmust notifytW D1V1slon ofCoastalManagemerd (DCM) In wrFting witirin 10 days of recelpt of this notice. Contact hdotrnation tar DCR offices is available at MWAwwncconstalmanaaementrrel/welYcmisrafidisGrm orbyeaft i-88WCOAST. No response is cwWdered the same as no owifon ff you have been notified by CerMd Marl. WAVER SECTION +v I understand that a pier, dock, mowing Pglo9s, boat ramp, breakurafer, boathouse, or Gfi must be set back a minimum distance of Whom my area of riparian access unless waived by me. (If 5 CG W you wish to waive the setback, you must initial the appropriate blank below.) Ar^ 1 5 I do wish to waive the 15 setback requirement I do not wish to waive the 15 setback requirement -ZA `f L"` N'I LT - Raging Address ,;) v," Ml- 11 L. -" SV S1 U' CaYlS 8104 ,32' L \0( I Telephone Nunberl &rfailAddress If i i •Z-2— Date (Riparian Property Owner Information) Signawe --- ' CI,?S< C V,. /7 print or Type Nome Raging Aftass fff� c-z SAS/�O cgy�sralenp Telephone Number/Enid Address zh�/ z- Z Dore _ (Revised Aug. 2014) oTE; SEE MAP SK. 22 PG, 15 Ji' 45" E 77.73-40 W �'r �r •►YROx. 21 27 N W , 0 N v Q T-fl_rn _ u q�L !N ORrc EL.c l0.6�• 32' j3� \I From: Goebel, Christine A Sent: Wednesday, November 30, 2022 3:17 PM To: Weychert, Curtis R Cc: Styron, Heather M.; Howell, Jonathan; Bodnar, Gregg Subject: RE: 202 Lynn Ct. Beaufort Easement question Attachments: Riverside Est Judgment.pdf; Riverside Est plat 22-15.pdf ATTORNEY CLIENT PRIVLEDGED: Hi Curt - This lot and the adjacent access easement property have an interesting history. I've attached a copy of a judgment from 1989 where the then -owner of Lot 22 sued the HOA and the rest of the lot owners in Riverside Estates over what the HOA and other owners could/couldn't do in the access easement area. I've attached the Judgment here as well as the plat map. Since the owners of Lot 22 didn't provide it, I wonder if they didn't know about it or just didn't share it with US. To answer your questions: Yes they can apply to build a pier on their property (Lot 22). They would use their deed for Lot 22 as "a deed or other instrument under which they claim title" as their deed to be part of a complete permit application. While they technically own the easement area, they can't build a private pier there as it's reserved for a neighborhood pier per the covenants. I searched for Riverside Estates in the NC SOS corporations search database and there are two others with similar names which are not in this location. It appears that while there was a group organized at the time of the 1989 lawsuit and named in that suit, they never incorporated. Since all of the owners of lots within Riverside Estates have an undivided 1/41st interest in the 30' access easement area for access, the owners of Lot 22 will need to notify all the lot owners in the subdivision as adjacent riparian owners since there is no organized HOA to represent all the lot owners. They would also need to notify the other adjacent riparian owner to the south at 204 Lynn Court. Arguably they may also want to notify the owner to the north of the easement area- that's a close call but best to suggest they do anyway. I know that's a lot of notices, so if they can get sign -offs on the riparian forms directly, that could save some certified mailings. Since the 30' access easement area is set aside for a pier and may have a pier in the future (that ability runs with the land), a 15' setback would be needed from a riparian line extended from the southern easement line/northern Lot 22 line. The covenants also require a 10' setback anyway, but since our 15' setback is more, that's what would control. The only question we can answer re: the existing neighborhood pier, is whether a CAMA permit is required for demolition or not (i.e. is that "development"). The question of whether they have the right to remove the neighborhood pier is a question for their attorney to advise them on regarding their rights and those of the other lot owners in that pier. I think re: platform area, we would count these like two adjacent lots owned by the same owner and not as one lot. Whilc tnrhnirvlh. numerl o+. +k-I_. 11 7.1-L__:,._u.. une ____ ___ .,_ __- _- _ ._ E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Weychert, Curtis R Sent: Friday, November 18, 2022 12:55 PM To: Goebel, Christine A <Christine.GoebelCa NCDENR.GOV> Cc: Styron, Heather M. <heather.m.stvront@ncdenr.gov> Subject: 202 Lynn Ct. Beaufort Easement question Christy, I'm sorry for burdening you with this project, but I need some guidance. The property in question is 202 Lynn Ct. in Beaufort. The couple has a property with a 30' easement that was granted to the HOA at one time. After speaking with the property owners, they want to know a few things: 1) can they construct a private residential pier on their property. If so, are they required to notify the HOA property next door and maintain the 15 foot adjacent riparian setback for the property? 2) If they wanted to remove the damaged pier on the north side of their property which belongs to the HOA, what sort of documentation would be needed from the previously dissolved HOA in order to authorize them to remove the broken down pier? 3) Would this peer belonging to the archway located on their property through an easement be counted against their allotted platform area or require a major permit as a secondary access point along their property line? Below I have attached the page four of four of the property deed with the information regarding a 30 foot easement for the HOA. I asked them if they could produce any documentation or paper history of that property in relation to the HOA agreement and easement however, they said that the HOA has been dissolved by more than 2/3 of the property owners in the area and no one has documentation. COUNTY OF CARTERET SUPERIOR COURT DIVISION 89 CvS 707 JOHN W. GUTKNF.CHT and wife, JOYCE C. GUTKNF.CHT, Plaintiffs Vs. GEORGE L. WAINWRIGHT and wife,) CAROL. WAINWRIGHT, FRANKLIN D. ) WILSON and wife, MICHELLE ANN ) WILSON, DAVID S SLEDGE, JAMES) W. RAGGF.TTE, III and wife ) RHEA D. BAGGETPE, CARRIE L. ) RICKS and husband, WILLIAM K. ) RICKS, LARRIF. G. THIRD and ) wife, PAMELA T. THIRD, ROBERT ) S. OSBECK and wife, CONSTANCE ) A. OSBECK, LINDA M. SHORT, ) THOMAS P. STEPHENS04 and wife,) NANCY N. STEPHENSON, JOSEPH F.) KILPATRICK, JR. and wife, ) MARGARET M. KILPATRICK, ROBERT) J. LIPSCOM3, JANE L. ROSEN and) husband, PHILLIP ROSEN, JOHN ) R. IVES, SAM H. COPELAND and ) wife, LORRAINE COPELAND, ) CURTIS D. MILLER and wife, ) LOIS R. MILLER, JOHN B. McKAY ) and wife, BARBARA McKAY, ) TIMOTHY F. SEASE and wife, ) LOIS E. SEASE, HUGH R. NOBLITT) and wife, RUTH A. NOBLITT, j MICKEY W. EDWARDS and wife, } MARY JO S. EDWARDS, LEWIS E. } RICH, RYAN D. BASHFORD and ) wife, NANCY M. BASHFORD, ) PHILLIP I. WALKER and wife, } REBECCA G. WALKER, JOEL M. ) DALY and wife, MARILYN R. ) DALY, ED FAIRLESS and wife, ) DONNIE FAIRLESS, ROY C. ) ZELIAER and wife, MARY ZELLNER, WILLIAM J. IPOCK, III) and wife, JAMISON F. IPOCK, ) ROY S. LUPTON and wife, MARY ) K. IIJPTON, JOHN G. ARAMANDA ) and wife, JOAN C. ARAMANDA, ) RIVERSIDE ESTATES OWNERS ) ASSOCIATION, ) Defendants. ) y. 5- Y FINAL. JUDGMENT EL-111- Cli<C<i� f�`} y-�ti MM 3 4. Be Buckmaeter Coyne has filed an answer on behalf of the Defendants Pat and Nancy Stephenson, and Carl Tilghman has filed an answer on behalf of the Defendants John and Barbara McKay. 5. At the Ball of the calendar Richard L. Stanley appeared as attorney for the Plaintiffs, C. R. Wheatly, Jr. appeared as attorney for the Defendants listed in paragraph 2, Carl Tilghman appeared as attorney on behalf of John and Barbara McKay, and N. Buckmaeter Coyne appeared an attorney for Pat and Nancy Stephenson. 6. Other than the Defendants represented by counsel as listed herein, no other Defendants aoceared. None of the Defendants served by certified mail as eat forth in the affidavit of service filed by Richard L. Stanley on November 26, 1990 appeared at the call of the calendar and the trial of this matter. More specifically, Defendants John R. Ives, Ruth A. Noblitt, Mary Daly, Sam and Lorraine H. Copeland, Curtis Da and Louise R. Miller, and Timothy and Louise H. Sease failed to appear even though they had filed either an answer or other response. 7. As to the Defendant Ruth A. Noblitt who filed an answer dated September 12, 1989, requesting a jury trial, the Court specifically finds that said Defendant was forwarded the calendar by the office of the Carteret County Court of Clark indicating that this matter was to be heard the week of November 26, 1990. In addition to the general denial filed by Ruth A. Noblitt, there was a request for a jury trial which the Defendant is deemed to have waived by her failure to appear. Be Upon the call of the case evidence was offered by the B00{(----4q8 . PAGF A-2� 5 to the river on the recorded plat of Riverside Estates Subdivision, and this conveyance is expressly made subject to the rights of lot purchasers and owners of lots within Riverside Estates Subdivision } as to the use of said property conveyed herein for access to the i Newport River. The Grantors herein, as the developers of Riverside jEstates Subdivision, are conveying fee simple title to the said real property, subject to the rights of property owners as to the use and enjoyment of said property for purposes of access to the 1 Newport River.^ f d. Some of the Defendants announced their intention to clear said area in order to make it passable as an access way to Newport River and also announced their intention to build a dock or pier that extends out to the navigable portions of Newport River, and some of the Defendants commenced a clearing operation, resulting in the litigation commenced by the filing of this complaint. e. The Plaintiffs are the owners of Lot 22 in said subdivision, and contend that the construction of a dock and the use of vehicles on the access would create a nuisance and a potential liability to them and would be detrimental to their privacy and would diminish the value of their property, and that the same was not contemplated or intended by the restrictive covenants or by the recordation of the plat showing the 'access to the Newport River". f. Margaret T. Sledge, at vir, the developers of Riverside Estates subdivision prior to the conveyance of any Iota in Riverside Estates Subdivision, caused said subdivision lots to be BOOK � - PAGE-Q!7- `r Y 7 within said subdivision. ` J. That Riverside Estate owners Association, and all other i owners of lots in said subdivision, should be permitted to effect S 4 clearing of said access area of underbrush, weeds and smell trees that would impede the use of said area for passage, retainingIn place all of the large trees as now located. It is further agreed that the access area will not be paved, in the sense of hard surface by asphalt or cement, however, the parties should be allowed in their discretion to cover the area with marl, gravel, or �33 some related substance that would make the area passable by 7 vehicles or pedestrians. However, Plaintiffs should still have the right to landscape the access area and cut the grass, underbrush and perform other maintenance so long as the same will not interfere with access by property ownero from Lynn Court to the .i Newport River. k. Due to the width of the access area being limitsd to thirty (30) feet, the area should be chiefly used for pedestrian traffic, with automotive traffic being permitted for purposes of loading and unloading, the parking to be of a temporary nature only, and only for such periods as may be necessary to effect said loading and unloading. Motor vehicles will also be permitted to be used for purposes of transporting materiels for the building and maintenance of the dock or pier, as hereinafter described. 1. That the dock will be constructed at the option and expense of Riverside Estates Owners Association within the riparian area created from the termini of the boundary lines, all an shown I trespassing and similar problems which may arise with regard to the dock, and will provide one or more members who will be responsible for dealing with such problems as trespassing and littering in violation of the Association's rules. In the event trespassing by non -property owners or persona not entitled to the use of said access area becomes a continuing problem for Plaintiffs, as well, as the Association, then a gate will be installed at the entrance to said dock, and keys will be issued to those persons who are entitled to the use of said dock. Additionally, in the event the unauthorized use of vehicles on the access area becomes a continuing problem for the Plaintiffs, an well as the association, then a chain or gate is to be installed to the entrance of the access area on Lynn Court for the purpose of prohibiting use of the access area by vehicles except for those persons to whom keys may be issued. However, the use of a chain or gate over the entrance to the access will not prohibit access by pedestrians. q. That in the event Carteret County should appraise and assess taxes on the dock and improvements to the access areas, in the future, then said Riverside Estates Owners Association shall pay all taxes lawfully assessed thereupon. r. It is understood and agreed that the use of the dock and access area by pedestrians and vehicles to and from Lynn Court to the dock will be under the control, supervision and permission of Riverside Estates owners' Association, and that Plaintiffs individually, are not responsible nor involved. It is understood and agreed that even though the subdivider may have conveyed by 11 I forth in the stipulation of facts in favor of the property owners and the Riv@raide Estates Owners Association. 5. A genuine dispute exists between the Plaintiffs and the Defendants with regard to the rights of the parties as to the ownership and use of said thirty (30) foot access to the water, and the parties are entitled to a declaratory judgment Interpreting the meaning and intent of the covenants and the thirty (30) foot access to the water as shown on the recorded subdivision plat, and this judgment is an interpretation as to the meaning and intent of the covenants and the thirty (30) foot access to the water as shown on the recorded subdivision plat. NOW, THEREFORE, it is ordered, adjudged and decreed as follows 1. That said 'access area- as shown on the recorded plat is an easement for the egress, ingress and regress to the waters of the Newport River from said subdivision, within its boundaries as described of the said map, for the use and benefit of all owners within said subdivision. 2. That Riverside Estate Owners Association, and all other d owners of lots in said subdivision, will be permitted to effect -" clearing of said access area of underbrush, weeds and small trees that would impede the use of said area for passage, retaining in place all of the large trees as now located. It is further ordered that the access area will not be paved, in the sense of hard surface by asphalt or cement, however, the parties should be allowed in their discretion to cover the area with marl, gravel, or GOOK Leo PAGE q7 U t�. 13 6. The Plaintiffs will have the same privilege and use of said pier and dock as any other owner in said subdivision, they being permitted/required to participate and/or become a member of the Riverside Estates Owners Association just like other lot owners in accordance with the restrictive covenants. 7. That said easement or access area will not be used as a park, nor will it contain picnic tables, chairs, game equipment, etc., but will be solely foraccess" and egress, ingress and regress as above described. 1 8. The Riverside Estates Owners Association will establish rules and regulations concerning use of the dock, littering, trespassing and similar problems which may arise with regard to the dock, and will provide one or more members who will be responsible for dealing with such problems as trespassing and littering in violation of the Association's rules. In the event trespassing by non -property owners or persons not entitled to the use of said access area becomes a continuing problem for Plaintiffs, as well as the Association, then a gate will be installed at the entrance to said dock, and keys will be issued to those persons who are entitled to the use of said dock. Additionally, in the event the unauthorized use of vehicles on the access area becomes n continuing problem for the Plaintiffs, as well as the association, then a chain or gate is to be installed to the entrance of the access area on Lynn Court for the purpose of prohibiting use of the access area by vehicles except for those persons to whom keys may be issued. However, the use of a chain or gate over the entrance 15 this judgment. ��77f� �1�(.' Entered this �`" day of November, 1990. Counsel for the Parties have stipulated that this judgment may be entered out of term and out of County. Ja/iee Llewellyn Superior Court Presiding ❑a �S Fii 9 re�tltrotl�n et � it. oa the ay 14 ,gab rewrS^_j in 1 ., r Pt: c ._ ONice a1 lho Regislu of [)-:'s, Ca'.m1 ;ounq, Shltoe (1 ••r It gstar of D .�'s t F f r; iCOVENANTS Po Q 3G9 WHEREAS, Charles li. Sledge, Jr. and wife Margaret T. Sledge.and Benjamin E. Thompson and wife Georgie C. Thompson ?85/ hereinafter called OWNERS are the owners of certain land i hereinafter described, situated approximately one-half mile i north of Beaufort, North Carolina, and referred to generally I as Riverside Estates. AND WHEREAS, said owners do hereby declare and subject the hereinafter described premises to the covenants and restric- tions of use hereinafter set forth, to the end that the use of I said land may be promised so as to develop a well classified and li regulated residential area. NOW, THEREFORE, it is hereby declared that any conveyance; I of any ofthenumbered lots in the hereinafter described Propertyl shall be subject to the restrictions and covenants_ as hereinafter; set forth, and the acceptance of deeds by Grantees as named in such conveyunce shall be doomed to have been accepted subject i �I to said restrictions and covenants and such restrictions and i II 'c ovenan[.s shall be a part of said deeds to the same extent as if each such covenants and restrictions were adopted in and made a physical part of each such deed or conveyance. i II 'rho parcel or tract of land subject to the hereinufter set! out restrictions and covenants is all of the numbered lots as shown on that certain plat entitled, Riverside Estates, recorded in Map book 22 page 15 _, Carteret County Registry, I Said .covenants and restrictions being as follows: ARTICLE I i All numbered lots laid out on map or maps of the above- i described lands are hereby designated as lots for residential purposes only with the exception of lots one (1) and four (4). i No building shall be erected or permitted to remain on any lot other than a detached one -family dwelling not to exceed two (2) stories in height (but an attic shall be allowed in addition), and a private garage for not more than three (3) automobiles. Such garage, Whether attached to the main dwelling or separate, shall conform to the architectural srvtn „c ,h., �.....__ i Per a one story nouse, 1,[uu test of liveable area, exclusive of garages, carports, attics and porches; For a split-level house, 1,350 square feet of liveable area, :i 'i exclusive of garages, carports, attics and porches; I �j For a two story house, 1,400 square feet of liveable area, exclusive of garages, carports, attics and porches. ARTICLE III No building shall be constructed on any lot containing a land area of less than 20,000 square feet. All numbered lots ' within the aforesaid subdivision shall be subject to building setback lines as follows: I� a. 0n that portion of any lot which abuts a street, the ' building setback line shall be forty (401) feet back from the i margin of the street which abuts said lot. In the went that ' said lot is a corner lot, then such hullding 4111111 not hu li located nearer than (401) feet from the margin of the street �i which said building faces and shall not be less than twenty 1 j(201) feet from the margin of the other street abutting said lot. b. Side lines (except as hereinabove provided for corner lots) shall be ten (101) feet back towards the center I I itof the lot from the side line of said lot. c. The back setback line shall be thirty (301) feet towards' the center of the lot from the back of each lot. d. In the event that any lot abuts a body of water, then the lot shall be encumbered with a setback line requirement of thirty (301) feet from the highwater mark of such body of water, �i e. The following are the only exceptions to the requirement for setback lines: 1. Fences of not more than four (41) feet in height. Such fences must be of open construction. 2. Piers, but such piers shall not be constructed within ten (30') feet of any side lot line nor shall any boat be moored within ten (10') feet of such side lot line. 3. 0ulkheading along any waterfront, constructed as herein provided. A /� feet in height above the elevation of the lot shall be erected or permitted to remain on any lot. All piers shall be constructed only upon plans approved I by the Architectural Control Committee as hereinafter set forth. ARTICLE V No sign, billboards, nor advertising placards of any kind, shall be erected or permitted to remain on any lot, except that the lot owner may, be a sign, show his or her name and house number, and a "For Sale" sign shall be permitted provided it is not more than one (1') foot high and two (2t) feet long, but such signs shall be attractively constructed and painted and shall be subject to approval by the Architectural Control Committee as hereinafter set forth. ARTICLE VI No noxious or offensive use shall be made of any of the lands described nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. ARTICLE VII No trailer, tent, shack, barn or temporary building of any nature shall be erected or placed on any of the lots in said subdivision. ARTICLE VIII No animals, fowl or livestock of any kind, other than normal house pets shall be kept or maintained on anypartof any lot in the subdivision. ARTICLE IX Except as herein otherwise provided as regards bulkheads, no bulkheads, seawalls or boat house shall be erected, placed or maintained on, adjacent to or in any waterway, watercourse, canal, channel or bay or upon any lot. ARTICLE X No building shall be erected or permitted to remain on any building site other than a lot or lots as shown by the map of the subdivision. After the initial one (1) dwelling may be built thereon under the following conditions: li i 1. No lot may be subdivided. 2. So long as any one (1) person, firm, or corporations Ij has any interest in all lots purchased, not more than one (1) dwelling shall be placed thereon with permitted garage. 3. The original purchaser may sell one (1) or more such iilots while retaining one (1) or more such lots, and then a �I dwelling may be placed upon the lot or lots sold and the lot lior lots retained if: (a) no buildings have been placed upon any of such lots prior to the sale or transfer, or (b) any buildings constructed prior to such sale or transfer are so I� constructed and placed on the lot or lots that such buildings will still comply with all restrictions and covenants after 4 ihn <oln n+ ♦.DeeFe. ARTICLE XI 'The OWNERS hereby reserves an easement of right-of-way which he at any time in the future may grant to others, for the purpose) of rights -of -way for water and sewer lines and telephone and . electric light poles, wires, cables, and all equipment necessary for the installation, use and maintenance of utilities, including! water, electricity, and telephone, together with auxiliary poles, wires, cables and other necessary equipment, storm sewers or drainage. No building, fences, or other structures shall be placed or maintained upon such easement area. The OWNER may, in addition to the uses hereinbefore reserved, use the easement areay abutting bays, canals, channels, waterways and other bodies of i water, for the purpose of maintaining and constructing such I canals, channels, watercourses, bays and other bodies of water. The parties hereto hereby reserve, for the purposes of i easement or right-of-way as hereinbefore set forth, an area crossing the lots on the lands above described which shall extend ten (101) foot back from the margin of the street right-of-way I which abuts said lot and said line to run parallel with said street, crossing said lot, and five (5') feet in width along ' each side line and back lot line.I u o by age u bpuba♦ iybl.el, Jb nlaue availaele, all property owners will connect to and use the sewage disposal system to be provided by the OWNER or his designees and will i regularly pay the charges established therefore. Should a central water supply become available, all property owners will also connect to and use only such water supply, paying i the regular approved rates therefore.. The disposal of sewage, waste matter, garbage and rubbish, shall be accomplished in compliance with regulations of the i State Board of Health of North. Carolina and subject to the approval of the Sanitation Authorities of Carteret County and � any other governmental authority which shall have jurisdiction' i concerning the same. No outside toilets shall�be permitted. j No sewage, garbage, rubbish or any other waste material shall be permitted to drain into any of the bodies of wutor abutting or surrounding the subdivision. No junk automobiles, rubbish, refuse, waste matter, debris or other types of junk or unsightly material will be i allowed to exist or remain on any of the lots in the subdivision. ARTICLE XIII The OWNERS may elect to establish a Property Owners Association at some time in the future and without regard to the number of lots then owned by them. In the alternative, a Property Owners Association may be formed whenever 75% of al lot owners shall so agree to form such Association. In the event such Association is formed, each lot owner shall automatically be deemed a member thereof with voting rights therein of one vote per lot. Said Property Owners Association will be formed for the purpose of setting a workable and ordurly policy for the development and maintenance of the subdivision, i and in addition, will be responsible for the continuing loll lilt onnnet? anti upkeep of all road surfaces and shoulders i thereof. In addition, membership in the said Property Owners Association shall require each and every lot owner subject his lot to a specific lien thereon in such amount, which lien shall run In favor of the Property Ownors Association.] The Association may maintain an action upon said lien in order � to enforce its claim of contribution against any such non consenting lot owner. Any such lien arising hereunder shall be deemed perfected as against such lot as of the date such maintenance or repair was first commenced. The Property Owners Association shall be empowered to contract for any expense for such maintenance and repair upon a vote for such action by at least 75% of all the lot owners in the subdivision. Until such time as the Property Owners Association shall be formed, the Owners shall be responsible for all maintenance and repair's necessary to said roads. Upon the formation of a Property Owners i`. Association, the owners agree to execute a Deed of Conveyance from all lot owners in the subdivision to the Property Owner's Association. At any time as the State of North Carolina through the Department of Transportation or other appropriate agency shall take over and assume the responsibility of roadway maintenance within the subdivision, the owners as well as the Property Owners Association, if formed, shall no longer have any maintenance or upkeep responsibility with respect to said roads. ARTICLE XIV Section 1. The Property Owners Association, if formed pursuant to Article XIII above, may appoint an Architectural Control Committee from among any persons it might deem especially qualified for such service, whose duties shall be to see to it that no building, fence, wall, pier or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition change or alternations thereon be made, nor any landscaping, digging, dredging or clearing done until the ,plans and specifications showing the nature, kind, size,. height, design, materials and locations of the same shall have been submitted to and approved in writing by the Committee. Section 2. At least thirty (30) days anion to mak;on Beach, N.C. 28512 or at such other address as the Property Owners Association may direct from time to time. The submissions, shall show by plot plans, elevations and prospective sketches all improvements proposed, locations, materials, architectural i features, clearing and landscaping. In the event said Committee j fails to act on a:submission within thirty (30) days after sufficient plans have been submitted to it, approval shall be i deemed given. Section 3. The Committee will review and shall approve the plans if the proposed improvements meet all the requirements I of these Covenants, and if in its opinion, the appearance of the proposal will be visibly compatible with other development in the! subdivision, or at a minimum, will not be detrimental to the future property sales or surrounding property values. No architectural "style" or materials will be excluded. However. all materials, landscaping, clearing, features and styles must be, in the opinion of the Committee, professionally and aesthetically acceptable. Section 4. By acceptance of the purchase contract or deed, the purchaser of any lot or lots agrees that the actions of the Committee are in the best interest of all owners within the subdivision and for the purpose of protecting property values, i and that he agrees to abide by the recommendations and decisions of the Committee. Failure to so abide shall give a right of action for injuction, restraint, or damages at the option of the Committee or Property Owners Association. Section 5. Property owners agree to leave all vegetation, trees, brooks, creeks, hillsides, springs, watercourses and I ravines in as near their natural state as is compatible with good building and land use practices, to the end that an attractive exterior lot appearance will be evident at each buildino Biro their successors in interest or at their discretion and in accordance with their specifications. This is to insure uniformity of appearance and quality. Bulkheads so constructed shall become the property of and shall be maintained by the property owner upon whose property the bulkhead exists. ARTICLE XV The above conditions and restrictions shall run with the land until January 1, 2001, and shall thereafter be automatically renewed for successive periods of ten (10) years each unless amended or revoked by the action of the owners of a majority of the lots in the subdivision taken within thirty (30) days after the expiration of the basic term of these covenants or any extended term. ARTICLE XVI Invalidation of any one or more of these covenants by any judgement or order of any Court shall in no way effect any of the other provisions herein set out, each such provision being separable from any and all other provisions. ARTICLE XVII The above covenants and conditions are placed on the property in said subdivision as a part of the general scheme or plan of development for the benefit of all of the owners of the property within said subdivision and said covenants are and shall be binding upon the present owners of said lands, their successors, heirs and assigns. IN TESTIMONY WHEREOF, Charles H. Sledge, Jr. and wife i Margaret T. Sledge and Benjamin E. Thompson and wife Georgie C. Thompson these P Presents to be signed this the eighth day of February, 1985. Charles H. S1. ge, Jr —� 1 a gyr T. Sledge �g s Sled CARTERET COUNTY I, �,,yn� _)` Sh %V- , a Notary Public of the County and State aforesaid, certify that Charles H. Sledge and :Wife, Margaret T. Sledge personally appeared before me this % y'Sj /3 a31d acknowledged the due execution of the foregoing '., a i. -- °WITNESS my hand and notarial seal, this I L day of ,. '•u... 1985. +NItPublic (I My comm. expires: My eOIGf.'CC::n rx,:mt UC:Ghcr 16, 1985 NORTH CAROLINA CARTERET COUNTY 1 I. � Mar- Sh@`0� a Notary Public of the County and State aforesaid, certify that Benjamin E. Thompson and wife, Georgia C. Thompson personally appeared before me {th.}a'Jay and acknowledged the due execution of the foregoing �jdtument., WITNESS my hand and notarial seal, this �Z. day of -AL) ry Public My comm. expires: MyCominlssloetxplfo§Cotobor10,1911 f;3d 1:"^,1'Ld CARiOLINA, CARTERET COUNTY,,— The foregoing certificate(s) of , Is (are) certified to be correct. Th nstrwent was pre. sented for roglstradon recorded . this office in Book .S2a Po1. This L� day of 1W of yaa VICI Z PhY. Sharon Pfr�,er.,�/ August 24, 2022 3:23:15 PM DEED # Pages: 4 Fee:$26.00 NC Revenue Stamp:$1,660.00 FILE # 1777313 Prepared by: Debra Whaley, Attorney at Law 301 Commerce Avenue, Ste. 102, Morehead City, NC 28557 Retum to: Debra Whaley, A#orney at Law Parcel #: 7307.03.30.2633000 Stamps: $1,660.00 NORTH CAROUNA GENERAL WARRANTY DEED This Deed made this the ),I-- day of �'SlN/�)M1J t_� 2022, by and between: Charles Bradfo Gri gs, single and Terry Anne Gudmecht Sams, single llA Ipl+Lx1 Or-) iel t ) N w�1 . `X) 1-1 -)I�50 (hereinafter referred to as Grantor); and twr,.h%at Tirnnthv.Childt and wife_ Michelle Lee Shildt i to as Grantee). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: That Grantor, for valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Carteret County, North Carolina, and more particularly described as: (SEE ATTACHED "EXHIBIT A") BEING the same property previously conveyed in Deeds recorded in Book 831, page 200 This conveyance — is or /IS not the primary residence of the Grantors. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. AND the Grantor 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 claims of all persons whomsoever except for the exceptions hereinafter stated: 2022 ad valorem taxes: utility easements and unviolated restrictions. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in their names, the day and year first above written. e. wo (SEAL) y Charl _6radfofd G'ri STATE OF Erld (4t IO. COUNTY OF 'lG• I, �4wlara Rou S _,a Notary Public of the aforesaid County and State do hereby certify that Charles Bradford Griggs personally came before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and seal this A day of AUM 2022. My commission Expires: JAO_ l _202(P:J 1 Notary Pubic (1 i Print Name: �Q 1t 101 i'0. ��"FZOSF (SEAL) U =NGtary ROYSE lic - Seal ate of lrwifwa ber 712132 ires May 10, 2026 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in their names, the day and year first above written. (SEAL) �c Gutknecht s 5 STATE OF ND ( � Q-0rC I i (-,n COUNTY OF_eftDDj,,e_ allotary Public of the aforesaid County and State do hereby certify that Terry Anne Gutknecht Sams personally come Wore me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and seal this J�L day of atffij+ 2022. My commission Expires: No E F,Q Notary Public PrintName: ( r BLI, C 0 U pr-omvr- EXHIBIT A All that certain lot or parcel of land situated in Carteret County, North Carolina and being more particularly described as follows: Tract I: Being all of Lot 22, as shown on map entitled "Riverside Estates", prepared by James L. Powell, Registered Land Surveyor, dated October, 1983, and recorded in Map Book 22, Page 15, Carteret County Registry. Tract11: Being that certain 30 foot access to the Newport River adjoining and located immediately north of Lot 22, Riverside Estates Subdivision, as the same is shown on a map of Riverside Estates Subdivision prepared by James L. Powell, Registered Surveyor, duly recorded in Map Book 22, Page 15, Carteret County Registry, reference to said plat being made for greater certainty of description. The above -described property is shown as a "thirty foot access to River" on the recorded plat of Riverside Estates Subdivision, and this conveyance is expressly made subject to the rights of lot purchasers and owners of lots within Riverside Estates Subdivision as to the use of said property conveyed herein for access to the Newport River. Said property is subject to the rights of property owners as to the use and enjoyment of said property for purposes of access to the Newport River.