14577_STANCIL, JIM & PAULA_19951101

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LAMA AND DREDGE AND FILL
PIT RAL
PERMIT K7ion
1
3
as authorized by the State of North Carolina
Department of Environment, Health, and Natural Resources and the Coastal Resources Commis
in an area of environmental concern pursuant to 15A NCAC 0
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Applicant dame - � 1 A �
Phone Number
-i2�=Ar2* ,
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Project Location (County, State Road, Water Body, etc.) 1,-4 i "`
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Type of Project Activity
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PROJECT•
Pier (doc
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max. distance offshore
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Boat ramp dimensions
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This permit is subject to compliance with this application, site
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
applicant's signature
-j
permit officer's signature
R.
issuing date expiration date
attachments
application fee r `

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EDWARD C. MYr=RS 0 510
NC 3578499 PH 919-728-6745
2650 LENNOXVILLE RD 66-152/531 CC
BEAUFORT, NC 28516 19 '_)'
Pay To The n I—
Order O
a
/ /-T x / ✓ Dollars
IACHOVIA
Wachovia Bank of North Car na, A
Beaufort, NC 285116 '
Memo '�OT
i:05310L529i: 5L,62 L20544iI' 05L0
-LAND 1092

■Complete items 1 and/or 2 for additional services.
I also wish to receive the
■Complete items 3, 4a, and 4b.
following services (for an
■ Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
■Attach this form to the front of the mailpiece, or on the back if space does not
1. ❑ Addressee's Address
permit.
■Write'Return Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery
■The Return Receipt will show to whom the article was delivered and the date
deliverer+-.
Consult postmaster for fee.
3. Article' Addressed to:
`. i�✓4 RC.L
53 �7 G��>.�G To.✓ L.��LL"
A9 �& 4-,—r 14 r�, tic 2 ?d 04
X ( , a
PS Form 3811, Dec6r6er 1994
4a.
❑ Registered R-Certified
❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
7. Date of Delivery
B. Addressee's Address (Only if requested
and fee is paid)
urn

[First -Class Mail
UNITED STATES POSTAL SERVICE 44, rt ge & Fees Paid
tS'ermit No. G-10
• Print your name, address, and ZIP Code in this box •
p o
tic

■Complete items 1 and/or 2 for additional services.
I also Wish 10 receive the
■ Complete items 3, 4a, and 4b.
following services (for an
'
■ Print your name and address on the reverse of this form so that we can return this
extra fee):
card to you.
ai
■Athis forth to the front of the mailpiece, or on the back if space does not
1. ❑ Addressee's Address
,
permit.
■Write'Return Receipt Requested' on the mailpiece below the article number.
2. ❑ Restricted Delivery
N ?
■The Return Receipt will show to whom the article was delivered and the date
delivered..
Consult postmaster for fee.
°-
to:
12
p� 7o✓4
5.
6. Signature: (Addressee or
X f-11 .,,
4a. rticle Number (�
d
d
4b. S rvlce Type
❑ Registered rtified
❑ Express Mail ❑ Insured
❑ Return Receipt for Merchandise ❑ COD
7. Dad of Delivery
° S
8. Addressee's Address (Only if requested
and fee is paid)
t
t—
PS Form 3811, December 1994
C

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10'
• Print your name, address, and ZIP Code in this box 0
le
P- 0 1 �.�

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PROPOSED DOCK FOR JIM AND PAULA STANCIL
LOT 13 TAYLORS CREEK
MAILING ADDRESS:
P. 0. BOX 389
BEAUFORT, N. C. 28516
(i7) 910 616.4^ 59± 323- q-14 2_
(W)910 323-9477

CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Dear
This letter is to notify you as an adjacent riparian landowner of Mr/Mrs
S t. a n r- i 1 plans to construct a. c O c k
on their property located at Lot 13 Taylors Creek S / D
in Beaufort , NC. The sketch on the reverse side accurately depicts the
proposed construction.
Should you have no objections to this proposal, please check the statement below, sign
and date the blanks below the statement, and return this letter to: E d d y My e r. s
P.O. Box 389, Beaufort N.C. 2851E
as soon as possible.
Should you have objections to this proposal, please send your written comments to the
N.C. Division of Coastal Management, P. O. Box 769, Morehead City, NC, 28557. Written
comments must be received within ten (10) days of receipt of this notice.
Failure to respond in either method within ten (10) days will be interpreted as no
objection.
Sincerely,
c/ I have no objection to the project as presently proposed and hereby waive that
right of objection as provided in General Statute 113-229.
I have objections to the project as presently proposed and have enclosed
comments.
Signature
DATE: y ��

ADJACENT RIPARIAN PROPERTY OWNER STATEKENT
I hereby certify that I own property adjacent to
., IN1 S%ANc L- 's property located at
(Name of Property Owner)
G. C>-r f 3 TA y /- C) .z'J /c
(Lot, Block, Road, etc.)
on %AV40xj Grttr4rc in 'Ee'9UroA7, y L N.C.
(Waterbody) (Town and/or County)
He has described to me, as shown below, the development he is
proposing at that location, and, I have no objections to his
proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
(A TT19r-)4e))
Telephone Number

ChFTEFV rGIgIT'; 09-30-94
Parcel No. 11019CO330
Excise Tax $ 344.00
STATE HLpTH
ARpl.INA Real Estate
Excise Tax
Prepared By: John M. Harris, Attorney
P.O. Box 712, Morehead City, NC 28557
NORTH CAROLINA GENERAL WARRANTY DEED
-1 his Deed made this the 29th day of Sept. -^ber, 1994, by and betweer. TAYLORS
CREEK ASSOCIATES, INC., a North Carolina Corporation, hereinafter "Grantor" and
CHARLES M. VASSALLO AND WIFE, PATRICIA A. VASSALLO,
5C737 Edington Lane, Raleigh, NC 27604 hereinafter "Grantee. The
deg ignation 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 the Grantor, for a 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 Beaufort Township,
Carteret County, North Carolina and more particularly described as follows:
Being all of Lot Number Twelve (12), Taylor's Creek Subdivision, as shown in
Map Book 28, Page 338, Carteret County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of I-nd and all privileges and
appurtenances thereto belongi• 5 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.
Title to the property hereinabove is subject to the following exceptions:
Restrictive covenants recorded in Book 699, Page 142, as amended, Carteret
County Registry.
2. Public utility easements of record.
BOOK_ PAGE��6

IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its
corporate name by its duly authorized officers and its seal to be hereunto affixed by authority
of its Beard of Directors, the day and year first above written.
:, n �rTTEST.•
�rt:1.0 j
_ Secretary
TAYLORS CREEK ASSOCIATES, INC.
BY:
President 01)
,
NORTH CAROLINA, CARTE
ar
The fore;;oing certificate(s) o
is (are) certified to be correct. This instru�slltispre-
sent f egistr i nd recor Zron
isotfic in
Boot/ Pag This day of atOlock M.
SPiner
egister of ee s��
STATE OF
COUNTY OF Deputy
a Notary Public of the aforesaid County and
State, do hereby certify that /, /0%6 / fiYJ,ey personally came before me
this day and acknowledged that he/she is (Assistant) Secretary of TAYLORS CREEK
ASSOCIATES, a North Carolina Corporation, and that by authority duly given and as the act
of the corpot•ation, the fore soing instrument was signed in its name by its (Vice) President,
sealed with .its corporate seal and attested by himself/herself as its (Assistant) Secretary.
;r r,: WLTN)✓SS my hand and official stamp or seal, this theu7--4 day of September, 4993.
oT
' NOTARY PUBLIC
bIY'C9mmi�c,� `Expires:
1:a P-
-- --- - -
g � .... _. P 4r,."Ems. %

d. To grant unto a municipality, the county, or a public utility company rights
of way over the dedicated road rights of way of the subdivision for installation and/or
maintenance of water and/or sewer lines and facilities.
e. To utilize the road rights of way in the subdivision, and the Common
Areas, for purposes of expa:iding the subdivision as described in subparagraphs a and b, above
and Declarant expressly reserves an easement of access for such purposes. '
' f. In the event of allocation of sewer capacity to property outside the
subdivision, Declarant reserves right and easement for purposes of access to the Nitrification
Field as may be necessary to rnake such changes or hookups as may be necessary to accomplish
same.
g. Anything above to the contrary notwithstanding, Declarant shall have no
right to expand the subdivision as described in subparagraph b, above, until after Termination
Date as described in paragraph 11, above.
h. To allow residential property owners on property adjacent to the
subdivision to utilize the Pool Area and the amenities thereon. Provided, however, in no event
shall such Pool Area rights be granted to more :lean 10 residential units on such property.
Provided, further, however, that each residential unit granted such rights shall be obligated to
contribute to operating expenses, repair, maintenance and replacement of the Pool Area and
amenities thereon to the same exter., each Lot in the subdivision.
14. Docks and Piers. It is contemp:aced that each owner of a Lot fronting on
Taylor's Creek (Lots 6 - 15) will desire to construct his own dock or pier, and that one or more
govemmental permits or exemptions to permits will be required with respect to any such dock
or pier. Each owner of any such Lot (Lots 6 - 15), by acceptance of a deed thereto:
a. Is deemed to have consented to construction of a dock or pier for the Lots
on each side of each owr _r's lot.
b. Is deemed to have waived any waivable settack requirements (from his
own side lot lines) with respect to construction of a dock or pier on adjoining Lots in the
subdivision, including, but not limited to, the current fifteen (15) foot CAMA side se'.'oack.
C. Agrees to execute, upon request, such consent or waiver as may be
reasunably necessary to document the consent or waiver described in a. and b., above.
d. Nnthing herein shall be deemed to allow a lot owner to encroach upon the
riparian or littoral rights of an adjoining lot owner.
15. Operation and Maintenance of Certain Common Facilities. The Association
shall be obligated to operate and maintain certain common facilities as follows:
a. ,cLrm Water Facility. Declarant has or will complete construction of the
storm water runoff facilities (also called the "drainage system") in accordance with a document
D_-'1 at'on of Covenants -Taylor's Creek subdivisiofRnnK tI' I PAuF -
Page 12 of 14 Pages
e..

V DARDEN. COYNE, SIMPSON & HARRIS. PA.
4a7 NORTH 35th STREET
MOREHEAD CITY, NC 28557
STA x'E OF NORTH CAROLINA � r ,)
COUNTY OF CARTERET I (/ c CL , 4 (b )
DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
TAYLOR'S CREEK SUBDIVISION
THIS DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS
(hereinafter, the "Declaration") is made and entered into this 8th day of October, 1992, by
TAYLORS CREEK ASSOCIATES, INC. (hereinafter referred to as "Declarant").
WITNESSETH:
THAT !WHEREAS, Declarant is the owner of that certain tract or parcel of land in
Beaufort Township, Carteret County, State of North Carolina, designated as Taylor's Creek
Subdivision, a subdivision set out in the Map recorded in Map Book 28, at page 388,
(hereinafter referred to as the "plat"), Office of the Register of Deeds, Carteret County; and
WHEREAS, it is desired that the property constituting said subdivision be made subject
to certain covenants and restrictions for the benefit of the said Declarant and successors in title
to Declarant such that the subdivision will be developed in a uniform manner to the benefit of
all present and future owners.
IT IS THEREFORE provided that said real property known as Taylor's Creek
Subdivision, as recorded in Map Book 28, at Page 388, Carteret County Registry, be made
subject to, and the same is hereby made subject to, the following covenants, restrictions,
easements and conditions, to wit:
Definitions.
a. Associa1`2n. A corporation (hereinafter refe-red to as "Association") named
Taylor's Creek Owners Association, Inc.
b. 1�t. "Lot" shall mean the separately numbered parcels (numbered 1 through
15) depicted on the above -mentioned map. The ow.,er of all of a numbered parcel on said map
may combine, with such numbered parcel, parts or portions of another numbered parcel or
parcels, and the aggregate shall be considered as one "Lot" for the purposes of this Declaration.
Provided, however, that no lot may be utilized unless same has total square footage of 10,000
square f:.et or more. Provided, further, however, that in order to so combine and have such
combination considered to be one Lot, the owner of such combination shall file, with the
Association, a written Declaration of Intent so to do.
C. Common Areas. The "Common Areas" of the subdivision shall be as
follows:
i. Entrance signs and the property upon which th^v are located as
shown on the plat, unless it is street right of way.
goOK-6 PAGE%,...1
Declaration of Covenants -Taylor's Creek Subdivision
Page I of 14 Pages
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. ii. Common. Area lighting and sub •n street lighting.
iii. Pool, associated b:.Eoing, ec;uipment and the lard upon which are
?^cated as shown on plat.
iv. Streets a;-. ohts o as shown on plat, which have, however,
been dedicated for public use (See, �, pare below).
V. All other property s'r:own as "common area" or "walkway" on the
plat.
vi. The "Nitrification Field" (and the nitrification system thereon) and
the "Reserved Area" as shown on the recorded plat, s .iect to termination as detailed in
paragraphs 11 and 12, below.
vii. The drainage system, including drainage ponds, Drainage Area and
drainage easements.
viii. The irrigation . cm and water system for the Common Area and
the Limited Common Area.
ix. The sewer systr , ;or the subdivision commencing at and with the
pumptank and pump for each lot and includ.. ver lines from each pump to the Nitrification
Field and including, also, the Nitrification Fie: �d improvements thereon. Provided, however,
�nitial installation of pump tank and pump on cac.: Lot, and lines from them to the common lines
,all be the sole responsibility of each Lot owner. Further; each Lot owner shall be responsible
electric hookup and periodic electric chzrges with respect to such pump on each Lot.
d. Limited Commca Area. The "Limited Common Area" of the subdivision
the " o,00d pier/dock facility in Cowpen Creek immediately west of Lot 6. This
Li Common Area shall be for the exclusive use of the owners of Lots 1 through 5, and
shai. -iafier be designated, col' :etively, as the Limited Common Area Lots.
Owners Association Membership etc. Declarant has or will cause to be
formed tb. , , ,,--)ciation pursuant to Chapter 55A, North Carolina General Statutes, for purposes
of owning, L -,.ging, maintaining and operating the Common Areas (and the Limited Common
Areas) enfo.c:nt the terms of the Declaration, and malting assessments, as detailed herein and
as described in ' Articles and Bylaws of the Association.
`em er ham. Each owner of each lot within the subdivision shall be a
member of the As-,xiation. The Declarant, by this Declaration, and the owners of individual
lots by their accep Lance of individual deeds thereto, covenant and agree w;th respect to the
.Association:
:! That for so long as each is an owner of a lot within the subdivision,
each will perform all a :`e necessary to remain in good and current standing as a member of the
Association;
g00K6� PAGLY22 -
Declaration of Covenant::- T avior's Creek Subdivision
Page 2 of 14 Pages
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ii) That each shall be subject to the rules and regulation of the Association
with regard to ownership of a lot; and
iii) 71at any unpaid assessment, whether general or special, levied by
Association in accordance with this Declaration, the Articles or the By -Laws of the Association,
shall be a lien upon the Lot upon which such assessment was Ievied, and shall be the personal
obligation of the owner of the Lot at the time the assessment was levied.
b. lases of Membership Voting Rights. The Association shall have one
class of members who snall all be owners. Each member shall be entitled to one vote for each
Lot owned; provided, however, when more t;ian one person holds an interest in any Lot, all
such persons shall be members and, the vote for L ^h rot shall he exercised as they, among
themselves, determine, but in no event shall more than one vote be cast with respect to one Lot.
Further, there shall be no fractional votes allowed.
c. Management and Administration. The management and administration of the
affairs of the Common Areas of the subdivision shall be the right and responsibility of the
Association. The management shall be carried out in accordance with the ter -is and conditions
of this Declaration, and the Articles and By -Laws of the Association, but may be delegated or
contracted to managers or management companies.
d. Q4mmon Ex nses. The common expenses of the subdivision include:
i) All amounts expended by the Asstu•iatinn in onaratino a;lministPrino
managing, repairing, replacing and improving the Common Areas of the subdivision, as defined
in this document; all amounts expended by the Association in insuring the Common Areas in the
s,.ibdivision; all amounts expended by the Association in legal, engineering, or architectural fees;
all similar fees which may be incurred by the Association from time to time in performing the
functions delegated to the Association by this Declaration; all amounts expended by Association
pertaining to the maintenance, repair and upkeep of the Nitrification Field; and all amounts
expended in any form by the .Association in enforcing this Declaration, the Articles or the By-
laws.
ii) All amounts expended for utilities, including subdivision lighting, for
the benefit of the Common Areas, and for the benefit of the Limited Common Area.
iii) All taxes and special assessments which may be levied from time to
time by any governmental authority upon the Common Areas or the Limited Common Areas in
the subdivision.
e. Annual General Assessmi,. The annual general assessments levied by the
Association shall be used exrl•,sively to improve, maintain and repair the Common Areas, to pay
I
he Common Expenses of the Association, to pay the cost of lighting the Common Areas, to pay
the cost of any insurance the Association determines to purchase and to promote the recreation,
health, safety and welfare of the members and to pay taxes levied upon the Common Areas.
- -- 600K PAGE 1UQ_
Declaration of Covenants -Taylor's Creek Subdivision
Page 3 of 14 Pages
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,
Each lot owner of any lot by acceptance of a deed for same, whether or not it
shall be so expressed in such deed, is deemed to covenant and agree to pay to the association
an annual general assessment as herein provided. The annual general assessment, together with
interest, costs, and reasonable attorneys' fees, shall be a charge and li-n on the land and shall
be a continuing lien on the property against which each such assessment is made. Additionally,
lot owners shall be personally liable for payment of the assessment, and such liability as to
unpaid assessments shall continue after transfer of the lot to third parties. The annual general
assessment for the initial assessment year of the association (January 1, 1993 through December
31, 1993) shall be. $768.00 per lot, as lots are shown on the plat. The general annual assessment
shall be payable annually, in one installment, unless the Board of Directors of the Association
shall otherwise determine.
From and after December 31, 1993, the maximum annual general assessment r:ay
be increased each year by the Board of Directors of the Association not more than twenty
percent (20%) above the assessment for the previous year without any vote of the membership.
Annual general assessment increases of more than twenty percent (20%) may be made only by
a vote of two-thirds (2/3) of the members of the Association voting in pt,:son or by proxy at a
meeting called for this purpose or at an annual meeting. For purposes of this section, a quorum
shall be deemed to be membership holding more than 50% of the total votes in the Association.
f. Sl&cial Assessments. The Association shall have the right, from time to
time, to make and levy Special Assessments for Commot. Expenses which have not been
budgeted for in the annual budget and have not beer included in the Annual General Assessment.
Provided, however, that any such Special Assessment shall require the affirmative vote of a
majority of the Board of Directors and the affirmative vote of two-thirds (2/3rds) of the
membership voting in person or by proxy at an annual meeting or at a special meeting called for
that purpose.
g. InstirancQ Assessment. The Association shall have tite right, if it
determines not to include insurance premiums in the Annual General Assessment, to make and
levy, annually, a .eparate Insurance Assessment for such purpo-,.:s.
h. Assessment Amounts. The amount of the Annual General Assessment,
Special Assessment and Insurance Assessment shall be the same as to each Lot.
i. Limited Common Area Assessments. The Association shall budget for,
and shall make and levy assessments for (general annual assessments, special assessments and/or
insurance assessments) the Limited Common Expenses, which shall be the expenses of repair
and maintenance of the Limited Common Areas. All such assessments shall apply only to the
Limited Common Area Lots, as defined herein, and shall be a lien upon such Lots, and the
personal obligation of the owner cf such Lots as of date of levy. Provided, however, that no
such limited Common Area assessment shall be levied unless such assessment shall have been
approved by a majority of the limited Common Area lots.
j. Lien for Assessments. Any general assessment, special assessment, insurance
assessment or Limited Common Area Assessment if not paid within thirty (30) days after the
date such assessment is due, together with interest at the rate of twelve percent (12%) per
Declaration of Covenants -Taylor's Creek Subdivision 1300K PNur-
Page 4 of 14 Pagcs
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annum, costs of c,�ilection, court costs, and reasonable attorneys' fees shall constitute a lien
against the lot upon which such assessment is levied. The Association may Mord notice of the
same in the Office of the Clerk of Superior Court of Carteret County or file a suit to collect such
delinquent assessments and charges, or both. The Association may file a Notice of j is Fm eriS,
bring an action at law against the owner personally obligated to pay the same, and/or bring an
action to foreclose the lien against the property. With respect to foreclosure, any such
foreclosure shall be in accordance with the provisions of Chapter 45, North Carolina. General
Statutes, as same pertain at time of initiation of action for foreclosure of a deed of trust. The
Association has, and shall have, power of sale for any such foreclosure, and shad be allowed
to bid at any such foreclosure sale. No owner may waive or otherwise escape liability for the
assessments provided for herein. The Association, at time of initiation of any such foreclosure
action, shall have the right and power to appoint a "Trustee" which Trustee shall, thereafter,
have the same rights and duties, including power of sale, as is provided for Trustee in a Deed
of Trust under Chapter 45.
The lien, as provided for herein, shall be subordinate to the lien of any mortgages
or deeds of trust on a Lot or Lots. Sale or transfer of any Lot shall not affect the assessment
lien provided for herein. However, the sale or transfer of any Lot which is subject to any
mortgage or deed of trust pursuant to a foreclosure proceeding, or transfer to a mortgagee or
holder of a deed of trust in lieu of foreclosure, shall extinguish the lien of such assessment as
to the payments which became due prior to such sale or transfer, but shall not extinguish the
personal liability of the owner at the time the assessment fell due. No such sale or transfer shall
relieve such lot from liability for -ny assessments thereafter becoming due or from the lien
thereof, but the liens provided for shall continue to be subordinate to the liens of any mortgages
or deeds of trust.
k. DeclaEan Maintenance Obligation. Anything above to the contrary
notwithstanding, Declarant sf:all be solely responsible for all maintenance and repair of the
Common Area and the Limited Common Area from date of recording hereof through and
including December 31, 1992.
3. Enforcement. In the ca..e of failure of a lot owner to cor.pi, wim the terms and
provisions contained in this Declaration, the Articles or the By -Laws of the Association, the
following -elief shall be available:
a) The Association or aggrieved Lot owner or owners ,within the
subdivision shall have the rignt to bring an action and recover sums due, damages, injunctive
relief, and/or such other and further relief as may be just and appropriate, including recovery
of reasonable attorneys fees.
b) The Association shall have the right to remedy the violation and assess
the costs of remedying same against the offending Iot owner as a special assessment as to that
Lot only.
c) If the violation is the non-payment of any general assessment, special
assessment, insurance assessment or Limited Common Area Assessment, the Association _hall
have the right to suspend the offending owner's voting rights and the use by such owner, his
Declaration of Covenants-Tavlor's Creek SubdivisionSOOK�2
C PAG3E /u 7� _
Page 5 of 14 Pages
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agents, employees and invitees of the Common Areas (or the Limited Common Areas) in the
subdivision for any period during which an assessment against the Lot remains unpaid.
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d The remedies provided by this paragraph 3. are cumulative and are
r - ks
in addition to any other remedies provided by law.
v'y y iC -
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s�':•`>
e) The failure of the Association or any owner or owners to enforce any
provision contained in this Declaration, the Articles or By -Laws shall not be deemed a waiver
? ?
of the right to enforce such provision thereafter as to the same Violation or subsequent violation
' -
of similar character.
4. Declarant Control. The n-clarant shall elect the Directors of the Association until
such time as the Declarant owns less than three (3) lots within the subdivision. Thereafter,all
�f
owners of lots in the subdivision shall be entitled to one (1) vote for each lot owned inthe
fit _
election of the new Board of Directors as further provided in the p Articles of Incorporation and
the By -Laws of the Association.
5. Property Rights of Let Owner, Cross Easements and Exceptions and Association
Rights
a. Every owner of a Lot w;'hin the subdivision, as an appurtenance to such Lot,
shall have a perpetual (subject to termination as to the "Reserved" area and the "Nitrification
i
Field" as shown on the recorded plat. See paragraphs I 1 and 12, below) easement (in common
with the other Lot owners) over and upon the Common Areas within the subdivision for each
_ ~ f
and every purpose or use to which such Common Areas are generally use,. Likewise, the
owner of each Limited Common Area Lot shall have an identical easement over and upon the
Limited Common Areas. Such easements shall be appurtenant to and shall pass with the title
;)
to every Lot to which the easement pertains, whether or not specifically included in a dead
thereto, subject to the following provision:
i) Thr, Association shall have the right to make reasonable rules and
regulations respecting the use of same.
j
b. The Association here:naftpr may grant easements for utility purposes for the
benefit of the subdivision and the Lots now or hereafter located thereon, over, under, along and
through the Common Areas. Provided, however, that no such grant of easement shall have a
material adverse effect on the use, enjoyment u. value of any Lot.
6. Common Areas Private. Every park, recreation area, recreation facility, dedicated
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access and other amenities appurtenant to the subdivision, whether or not shown and delineated
on _ny recorded plat of the subdivision, shall be considered private and for the sole and
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exclusive use of the owners of Lots and their invited guests within the subdivision. Neither
Declarants execution of, nor the recording of, any plat nor any other act of Declarant with
w
respect to such areas is, or is intended to be, or shall be construed as, a dedication to the public
of any such areas, facilities or amenities. Provided, however, that the dedication of the street
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rights of way shall be deemed public.
i
F300K �f PAGE
Declaration of Covenants -Taylor's Creek Subdivision
Page 6 of 14 Pages
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t- �rte subdivision With respect to the streets and street rights of way .r< have
been publicly dedicated, the Association, by and ".s directors, shall. have -ht to
petition or request the appropriate governme ,tity to accept anri assume m n -,.ace of
ythose streets and street rights of way. Until s"'c + � x;, g y. h go,,- {"{ental entity shall accep, assume
such maintenance responsibility, the Assxiar i shall • responsible for all such maintenance.
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G 1 7. Use Restrictione,. The subdivision a_. —ch Lot therein shall be subject to the *s �
x 3 1 following restrictions:
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a. Land Use and Building Typg. No lot shall be used except for residential„
t $ purposes. No building or structure shall be erected, altered or permitted to remain on. any lot
K ocher than a detached single family dwell' and a private garage. Said garage may be h�
detached. Before commencement of construction, any structure must be approved in accordance
with paragraph 9, below.
1 b. Dwelling Size. The enclosed floor heated area of the main structure,
exclusive of porches and garages (whether open or closed), shall not be less 2,000 square feet.
c. Building Location. No building or structure, as allowed by subparagraph a.,
above, shall be located on any lot nearer to the front, side or rear lot lines than the minimum
building set -back areas shown or described on the recorded plat. For the purpose of this
covenant, eaves shall no � :. onsidered a pa{. of {.., building; , .ev d d however, that this shall
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not be construed to permit any portion of a building on a Lot to encroach upon another Lot. �Q
Notwithstanding the minimum setbacks described above, location of all structures shall bei
'y ✓ subject to approval pursuant to paragrapl•. 9, below.
`i d. Animal . No animals shall be kept on the property save and except normal
house pets. No pets may be kept, bred or maintained for any commercial purposes. Pets shall � r
be kept confined at all times in the rear yard within an approved enclosure if not inside the
t(, ! residence, and at no time shall said pets be allowed to roam free. Pets must be on a leash when
not confined in an ap-roved enclosure.
err
� t e. Driveways. All lot driveways must be concrete unless a lot owner shall have
_ - v 1 f the Architectural Control Committee which approval shall
first obtained the written appa of PP
" yy ne at the sole discretion of that Committee, for use of another material.
w'L ' f. Pr hi itin of Nuisance. No 1{oxious or offensive activities shall be carried
§24 VA
on ,ipon anylot, nor shall anything be done thereon which may be or may become an annoyance
cr ;nce to the ne
ighborhood. od.
b
g. Recreational Vehicles. Boats, etc. All recreational equipment and vehicles,
fx i:4 inchdin- boats, trailers, campers, non -operational motor vehicles and other personal property
other +zn operational automobiles must be parked in a garage. No parking shall be allowed
along �-w street in the subdivision, and operational automobiles must be parked on a driveway
a Vie; or in a kaw;oe.;
`�% �• `+ i. Clothesline. No outdoor clothesline shall be permitted.
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Declaration o: (_ venants-Taylor's Creek Subdivision BOOK PAGF
Page 7 of 14 R, e,� ;
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i. SatelliteDishes. Satellite dishes must be approved by the ' hitectural Contr:
Committee to ensure that they are suitably screened from view.
j. Unlicensed Vehicles. Unlicensed recreation- ;chid not be allowe6
to operate on the streets of the subdivision.
k. Outbuildings and Mobile Homea. No "non -house" o' character, including, t'..
but not limited to, trailers, recreational vehicles, tents, shacks, garages, barns, and the like shall
be used on any lot as a residence either temporarily or permanently. For purposes of this
paragraph, the term "trailers_. 'iaH include trailers, mobile homes, and what is commonly known
as "double wide" trailers or r homes. No outbuilding of any character shall be constructed
or placed on any lot without the app2l rov" the Architectural Control Cnmtnittee.
1. Dot Appearance. Each lot shall be landscaped and seeded. Each lot owner ,
shall keep the lot mowed regularly. Grass shall not be allowed to be more than four inches (4")
above ground level. Lots shall be kept clear of all unsightly objects and debris. All exterior
garbage cans shall be screened in such a manm_r so as not to be visible from adjacent lots or
streets. Each lot owner shall either:
i. Subscribe to a regular (at least weekly) garbage collection or pickup y x -
^rvice, or
ii. Remove all accumulated garbage from his premises to a greenbox
ether authorized garbage collection location at least weekly. i
r,.
M. Drainage from Impervious Surfaces. All storm water run off from
i vious surfaces (including streets, driveways, homes, sidewalks and the like) shall be routed
ii. ie storm drainage system in accordance with the written and approved Procedure (see
PE iph 15.a., below), or shall be routed in such manner as may by specifically approved by
su. wernmental bodies or agencies having jurisdiction over same. In no event is storm water
run to be router cowards 1 aylor's Creel, or Cowpen Creek.
x! uaa..ents...
a. Drainage. Utility and Other Easements: Easements for the installation and
mainte a of utilities are reserved 2s shown on the plat of said subdivision. Declarant
reserve right to subject the real property in this subdivision to a contract with Carolina
Power eight Company for the installation of underground electric cables and street lighting
which A equire a continuing monthly payment for street lighting, which said payment shall
he the re isibility of the Association.
b. Easement for Sewer�ystem Repair. The Association shall have an easement
upon each c : for purposes of operation and maintenance of those portions of the sewer system
and shall b� each Lot (see paragraph l.c.ix., above).
9. A itectural Control Committee. An Architectural Contfol Committee shall be
formed consi. , of the Board of Directors of the Association; provided, however, the Tigard r.
Declaration of enants-Taylor's Creek Subdivision BOOK
Page 8 of 14 P�,
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may appoint'a separate committee of not less than three (3) persons to act as Architectural
Control Committee if it so desires.
a. Responsibility of the Commit=. The committee shall review and-pprove
building plans as provided herein. No building, as allowed by this document, nor fences nor
other structures shall be erected, placed or altered on any Lot, nor shall any construction lake
place on any Lot until the full construction plans and specifications have been approved by the
committee. The plans shall show the location of the building and other improvements to be
made and shall be prepared in a professional manner. For purposes of this paragraph, mail
boxes, newspaper boxes, docks and piers shall be deemed structures.
b. Committee. Procedures. The co; .nittee will review and shall approve the
plans and specifications if the proposed improvements meet all of the requirements of this
Declaration and, if in its opinion, i) the exterior appearance and location of 'he improvements
will be visibly compatible with other development in the subdivision or, at a minimum, will not
be detrimental to future property sales and, ii) the location and/or height of such proposed
improvements will not adversely affect the enjoyment or use of adjoining property in the
subdivision. In this regard, the Committee shall examine the location of proposed structures vis
a vis location of structures on other lots, the view or views therefrom, and the overall
appearance of the various structures in the subdivision as a whole. In general, it is intended that
each structure on a lot fronting on Taylors Creek shall be located such that views from structures
on other lots on Taylor's Creek will not be unduely restricted and such that the location of all
structures on lots on Taylor's Creek will, together, evidence an orderly scheme of development.
In general, it is intended that no structure on a lot fronting on Taylor's Creek be substantially
out of line with structures on the other lots fronting on Taylor's Creek, with the possible
exception of structures on Lots 6 and 15. Further, it is intended that no portion of a dwelling
(including a garage, whether attached or detached) shall be substantially closer to the street than
portions of other dwellings. All materials, features, and styles must be, in the opinion
of the committee, professionally and aesthetically acceptable.
By acceptance of a Deed, purchasers agree that the actions of the committee are
in the best interests of all owners within the subdivision and that they will abide by the decisions
of the committee. Declarant, the committee, the Association or other owners may seek
injunctions to compel compliance with committee decisions, or damages resulting from failure
to act in accordance with directions of the committee. The committee shall approve or
disapprove plans within thirty (30) days of receipt thereof, and in the event the committee fails
to approve or disapprove same within thirty (30) days, approval, for purposes of this paragraph,
shall be deemed to have been given. It ,;,.all be each individual lot owner's responsibility to
provide the committee with the above mentioned plans prior to commencement of any
construction.
10. Subdivision or Dividing of Lots. An owner of two (2) or more adjoining lots may
construct a dwelling and/or other structures permitted hereunder upon and across the original
dividing line of such adjoining and contiguous lots, all such structures to comply with the
minimum building set -back lines from the new outside boundary lines of the subject owner's
property. Such combined lots may be treated as one Lot pursuant to paragraph l.b., hereof.
No lot, as shown on the subdivision plat, shall be subdivided unless the segments of the
Declaration of Covenants -Taylor's Creek Subdivision f ODK (Q Cl � -_ C�{7N�—
Page 9 of 14 Pages
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subdiviat.i lot shall be recombined with another lot so as to create larger lots and also, such that
the*aggregate number of lots in the subdivision is not increased.
11. NitrificatiQn Field. The nitrificaticn field shown on the plat shall be subject to the
terms and conditions following:
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a. Until Termination, as described below, the said Nitrification Field shall be
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deemed to be Common Area, subject to the terms, conditions, restrictions and reservations
contained in this paragraph 11.
b. Each lot shall receive from Declarant, at time of sale of said lot from
Declarant, a Sewage Allocation Permit designating in terms of number of bedrooms allowed,
the sewage allotment for said lot. Such Sewage Allocation Permit shall transfer, automatically,
with transfer of each lot, whether or not such Sewage Allocation Permit is specifically
referenced in any transfer instrument. The number of bedrooms in the Sewage Allocation
Permit for a lot shall be deemed to be the maximum number of bedrooms to be constructed on
that lot. In the event that, at time of completion of construction of a residence on a lot, the full
number of bedrooms designated in the Sewage Allocation Permit are not built, then Declarant
shall issue to the owner of said lot, at completion of construction, a Revised Sewage Allocation
Permit for the actual number of bedrooms constructed on said lot. Upon issuance on said
Revised Sewage Allocation Permit, the number of bedrooms designated in said Revised Sewage
Allocation Permit shall be deemed to to maximum number of bedrooms allowed on the lot.
After issuance of .-uch Revised Permit, such Revised Permit, and not the originally issued
permit, shall bc, deemed to be transferred with transfer of a lot, whether or not it is specifically
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referenced in any transfer instrument. Further, upon issuance of a Revised Sewage Allocation
Permit for a lot, the original Sewage Allocation Permit shall be deemed terminated.
C. It is contemplated that separate municipal, county or other public sewer
system will be available to the subdivision in the future. in the event that such sewer system
does become available in the future, then each Lot (and the owner[s) thereof) shall be obligated
to hook up to such sewer syF*tm, and to cease to use the Nitrific.dion Field, within ninety (90)
days after the date such sewer system becomes available. Likewise, all easements and rights of
the Association and of all owners of the Lots, with respect to the Nitrification Field, shall
terminate, automatically, on the ninety-first (91st) day after the date such sewer service becomes
available (said ninety-first day being hereafter called "•: ermination Date"), and said Nitrification
Field shall, on such Termination Date, cease to be Common Area, for all purposes. Further,
upon such Termination Date, ali restrictions as to number of bedrooms allowed on a Lot, as
described above, shall terminate, automatically. Upon such Termination Date, Declarant shall
have, with respect to said Nitrification Field area, the rights enumerated in Daragraph 13, below.
d. Declarant reserves the right, with respect to the Nitrification Field, to
allow, in its sole discretion, property not within the subdivision to utilize the Nitrification Field,
by specifically allocating capacity therein, to such other property, by issuance of Sewer
Allocation Permit for such property, designating the capacity so allocated in terms of number
of bedrooms. Provided, however, at no time shall the total allocated capacity (both within and
outside the subdivision) exceed the total number of bedrooms of capacity then p^emitted for the
sewage system. Further, Declarant must maintain, unallocated, sufficient capacity to service all
Declaration of Covenants -Taylor's Creek Subdivision BOOK PAGE.-,
Page 10 of 14 Pages

Ixts in the subdivision for which Sewage Allocation Permits have not yet been issued by
Declarant. In the event that Declarant does allocate capacity to property outside the subdivision,
then the property to which such allocation is made, an,' the owners thereof, shall be obligated
to p iy to the Association a prorata share of the actual budgeted expenses for maintenance,
upkeep and repair of the Nitrification Field. Such prorata share shall be based upon the ratio
that the capacity so allocated bears to the maximum capacity.
12. Reserved Area. The Reserved Area shown on the recorded plat shall be deemed
Common Area until a sizte ten (10) days after said Reserved Area shall have been approved, by
the Town of Beaufort, as a subdivision lot. The date ten (10) days after such subdivision
approval shall hereinafter be called "Reserved Area Subdivision Date". Declarant reserves the
right to petition the Town for approval of the Rest..ed Area as a subdivision lot, at such time
as it shall deem appropriate, in its sole discretion. Until the Reserved Area Subdivision Date,
the Association shall have the right to make reasonable use of sue .. Reserved Area as it shall
deem fit. Further, the Association shall have the obligation to maintain same as Common Area.
However, the Association shall have no right to construct any structures on the Reserved Area.
Further, any improvements made or installed on the Reserved Area shall be removed therefrom
by the Association, at its sole cost and expense, on or before the Reserved Area Subdivision
Date. Upon such Reserved Area Subdivision Date, the Reserved Area shall cease to be
Common Area, for all purposes, and Declarant shall have, with respect to said Reserved Area,
the rights enumerated in paragraph 13.a., below.
13. Reservation of Rights by Declarant. Declarant reser,es the right, at its
discretion:
a. To enlarge the number of Lots in the subdivision to include the Reserved
Area (one Lot) by Amendment to this Declaration executed by Declarant and recorded in the
Office of the Register of Deeds of Carteret County. Upon exercise of this right by Declarant,
each I of so created shall be deemed a Lot as contemplated by this Declaration, and each such
Lot, and the owners thereof, shall be subject to all of the righ}s, easements, restrictions and
obligations contained in th's Declaration, including, but not limited to, the obligation to pay
assessments and the lien therefor.
b. To enlarge the number of rots in the subdivision to include the
Nitrification Field Area (not more than 4 Lots) by Amendment to this Declaration executed by
Declarani and recorded in di� Office of the Register of Deeds of Carteret County. Upon
exercise of this right by Declarant, each Lot so created shall be deemed a Lot as contemplated
by this Declaration, and each such Lot, and the owners thereof, shall be subject to ail of the
rights, easements, restrictions and obligations contained in this Declaration, including, but not
limited to, the obligation to pay assessments and the lien therefor.
C. To enlarge the Limited Common Area by constructing additional dock/pier
facilities for the benefit of one or more of the new lots created. In such event, the new Limited
Common Areas so creates; shall become part of the Limited Common Area of the subdivision,
and the Lots benefitted by said new Limited Common Areas (as designated in the recorded
Amendment to the Declaration referenced in a. or b., above), shall be subject to all Limited
Common Area Assessments.
Declaration of Covenants -Taylor's Creek Subdivision
Page 11 of 14 P2ges
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d. To grant unto a municipality, the county, or a public utility company rights
of way over the dedicated road rights of way of the subdivision for installation and/or
maintenance of water and/or sewer lines and facilities.
e. To utilize the road rights of way in the subdivision, and the Common
Areas, for purposes of expanding the subdivision as described in subparagraphs a and b, above,
and Declarant expressly reserves an easement of access for such purposes.
f. In the event of allocation of sewer capacity to property outside the
subdivision, Declarant reserves right and easement for purposes of access to the Nitrification
Field as may be necessary to make such changes or hookups as may be necessary to accomplish
same.
9. Anything above to the contrary notwithstanding, Declarant shall have no
right to expand the subdivision as described in subparagraph b, above, until after Termination
Date as described in paragraph 11, above.
h. To allow residential property owners on propc-ty adjacent to the
subdivision to utilize the Pool Area and the amenities thereon. Provided, however, in no event
J shall such Pool Area rights be granted to more han 10 residential units on such property.
..........
Provided, further, however, that each residential unit granted such rights shall be obligated to
contribute to operating expenses, repair, maintenance and replacement of the Pool Area and
1E
amenities thereon to the same extei--',- each Lot in the subdivision.
14. Docks and Piers. It is contempated that each owner of a Lot fronting on
Taylor's Creek (Lots 6 - 15) will desire to construct his own dock or pier, and that one or more
governmental permits or exemptions to permits will be required with respect to any such dock
or pier. Each owner of any such Lot (Lots 6 - 15), by acceptance of a deed thereto:
a. Is deemed to have consented to construction of a dock or pier for the Lots
on each side of each owr -r's lot.
b. Is deemed tc have waived any waivable setback requirements (from his
own side lot lines) with respect to construction of a dock or pier on adjoining Lots in the -X�A
subdivision, including, but not limited to, the current fifteen (157) foot CAMA side setback.
C. Agrees to execute, upon request, such consent or waiver as may be
reasonably necessary to document the consent or waiver described in a. and b., above.
d. NnIhing herein shall be deemed to ;Allow a lot owner to encroach upon the
riparian or littoral rights of an adjoining !ot owner.
15. Common Facilities. The Association
)peration and Maintenance of Certain
shall be obligated to operate and maintain certain common facilities as follows:
a. ELQrm Water Facility. Declarant has or will complete construction of the
storm water runoff facilities also called the "drainage system") in accordance with a document
Declaration --f Covenants -Taylor's Creek SubdivisiofRonv
PAG
Page 12 of 14 Pages

I It
entitled "Operation and Maintenance Procedum, Taylor's Creels, Starmwater Detention
Facilities" (hereinafter, the "Procedure"), which Procedure is htm`vy incorporated by referenIze.
The Association shall be obligated to operate ar ' --- intain the drainage system ' ^^cordance
with that approved Procedure, as same im2,. oiende4.
b. Sewer System. inc!'n nt,,-.-k,?tion Field. The sewer system, including
the Nitrification Field (but not inch.r.;ng the Iximps, tanks and lines on individual lots) has or
will be constructed by Declarant in accordance with permits for same issued by the
Environmental Health Division, Carteret County Health Department, (hereinafter, the
"Permits"). Construction of portions of the sewer system on each Lot (pump, tanks and lines)
by each Lkt owner must also be in accordance with the Permits, as same may be modified or
amended. Further, operation and maintenance k. 'the sewer system (including the Nitrification
Field) by the Association shall, likewise, be in accordance with the Permits, as same may be
modified or amended.
16. Term. This Declaration shall run with the land and shall be binding on all parties
and all persons, including Declarant and all persons claiming by, through or under Declarant for
a period of twenty-five (25) years from the date of recording of these covenants, after which
time said covenants shall be automatically extended for successive, periods of ten years unless
an instrument signed by a majority of the then owners of the lots has been recorded, agreeing
to change these covenants in whole or in part.
17. Severability. Invalidation of any one of these covenants by judgm,at or court order
shall in no way affect any of the other provisions, which provisions shall remain in full force
and .affect.
18. Amendment to Declaration. Except as to an Amendment by Declarant as
contemplated by paragraph 13, hereof, this Declaration may be amended only by Vote of more
than fifty percent (50%) of the total votes of the Association (1 vote per lot) at an annual
meeting or at a special meeting called for such purpose. Any s•ch Amendment shall be effective
only upon recordation of written amendment, reciting the date and circumstances of the vote,
and signed by the President and Secretary of the Association, in the office of the Register of
k _ Deeds of Carteret County, North Carolina. Provided, however, that no amendment hereof shall
l be effective so as to limit or abridge any rights of Declarant hereunder, including, but not
r t mited to, those rights enumerated in paragraph 13, hereof, unless Declarant shall have joined
the execution of such amendment. Provided, further, however, that while Declarant still
s one or more Lots in the subdivision (as same may be expanded) no Amendment shall be
rive unless Declarant shall have joined in the execution thereof.
19. Declarant and Successors. The term "Declarant", as used herein, shall be
t} deE. 'o ;.lean and refer to the original Dectarant (Taylors Creek Associates, Inc.) or to a
succ� ; or successors of original Declarant, by written and recorded transfer document, to
_ origin.-;arant's rights hereunder.
Declaration of enants-Taylor's Creek Subdivis10F6OvK ( qq `' GE �- —12--
Page 13 of 14 P, s

IN TESTIMONY WHEREOF, the Declarant hereto has caused this instru cnt to be
signed in its corporate name by its duly authorized offesrs and its pal to be bp -'"unto affixed
by authority of its Board of Directors, the day and year first above written,
TAYLORS CREEK ASSOCIATES, INC.
resident
A:TTi1:
S , tr, arSecretary
ITE OF LdORTH CAROLINA
c at Ri'TY OF C;ARTERET
?, a Notary Public of the County and State aforesaid, do hereby certify that
personally appeared before me this day and acknowledged that _5• he is _
Secretary of TAYLORS CREEK ASSOCIATES, INC., a North Carolina
corpor, . and that by authority duly given and as the act of the corporation, the foregoing
instrumc> vas signed in its name by its President, sealed with its corporate seal and
attested L _self as its Secretary.
WI'. -SS my hand and notarial seal, this 5 ` day of &c±-QA, 1992.
yij'•n
�.�LE17:TsyypteAtr,'•
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MCI"MalalltAffir
,)ires:
NORTH CAROLINA. CT RT Ot, N "Y
The foregoing Certificate" :) l-� '•. r!��
is (are) certified to be corr^a wol; pre-
sent registr-.ti9�`/�jr'ri recora�+ in �itiB of'lice in
Boo{ Pace o' o
T.7is da of(( 1nlaS at-O'c1c,k M.
y s:"amn Piner
Register of Deed:
e`/ ��nt, 3eputy ��fGJ
Declaration of Covenants -Taylor Creek Subdivision
Page 14 of 14 Pages
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