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
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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
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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
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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.