SW8970104_Current Permit_20211025

ROY COOPER
Governor
EIS L'H S.. BISER
BRIAN. WR;ENN
iftwtr
October 25, 2021
NORTH CAROLINA
Emuteai tY
Magnolia Greens Master Association, Inc
Attn: Robert Schneider, `Tice President
1628 Doctors Circle
Wilmington, NC 28401
Subject Permit Renewal
State Stormwater Mianagement Permit No. SW8 970104
Magnoha Greens Master Pfau
Bramwick County
Dear Mr. Schneider:
The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for
the subject project on October 18, 202'1. The Division is hereby notifying you that permit SW8 970104 has been
renewed on October 25, 2021, and sliall be effective until October 4, 2029. For your records, please find enclosed a
renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all
times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely
restates some of the previous terms to provide you with a better understanding of your obligations under the permit.
The renewal .and reissuance of this stormwater permit does not imply that the site is currently in compliance with the
terms and dons of this state stormwater permit_ The plans originally approved on February 1.8, 1997 and most
recently renewed on October 30, 2013, will remain in full force and effect in accordance with the regulations set forth
in Title 15A NCAC 2H.1000.
This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the
conditiow listed in this permit regarding the Operation. and Maintenance of the BMP(s), recordation of deed
restrictions; procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish
an adequate system for operation. and maintenance of the stormwater management system, to record deed restrictions,
to transfer the permit, or to renew the permit, will result in future compliance problems.
If any parts, requ :gents, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written
petition must conform to Chapter 150E of the North Carolina. General Statutes and must be filed with the OAH within
thirty (30) daysof receipt of this permit. You should comet the OAH with all questions regarding the filing fee (if a
film fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or
via: telephone at 919-431-3000, or visit their website at wwwNCOAH.com. Unless such demands are made this permit
shall be final and binding.
If you have any questions, need additional copies of the permit or approved plans, please contact Ashley Smith in the
Wilmington Regional Office, at [phone] or [e-mail].
Sincerely,
Brian: Wrenn, Director
Division of Energy, Mineral and Land Resources
Enclosures: Attachment C — Permitting history
Rcncwal Application Doc agents
DES/am: %StorrawaterTermits & Projects119971970104 HD\2021 10 permit 970104
cc: NCDEQ-DEMLR Wilmington Regional Office
North Carolina Departrwnt of Em&anmental Quality I Dtvtsion of Energv. Wffw P and Land Resaurees
j� Wilmington RegionalOfFim 1 127 Cardinal Drive FXtenslon I Wilmington, North Cantina 28405
der�ouNa
910.796.7215

State Stormwater Management Systems
Permit No. SW8 970104
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY, MINERAL AND LAND RESOURCES
STATE S I ORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Magnolia Greens Master Association, Inc.
Magnolia Greens Master Plan
Grandif/ora Drive, Brunswick County
FOR THE
construction, operation and maintenance of 2 wet detention ponds and a low density subdivision
with a curb outlet system in compliance with the provisions of 15A NCAC 2H .1000 (hereafter
referred to as the "stonnwaterrules') and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by the
Division of Energy, Mineral and Land Resources (the "Division" or "DEMLR") and considered an
enforceable part of this permit.
This modified permit shall be effective from the date of issuance until October 4, 2029, and shall
be subject to the following specified conditions and limitations:
I. DESIGN STANDARDS
This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data. Stormwater Management
measures are 2 wet detention ponds and a curb outlet system for the uncollected low
density portions of the project.
2. This stormwater system has been approved for the management of stormwater runoff as
described on page 2 of this permit, the Project Data Sheet. The subdivision is permitted
for a total of 940 lots. The built -upon area permitted to date is: 267 single family lots
@4,000 ft2 each, and 7 lots @5,000 ft2 each, for Sections 1-9; 76 lots @3,500 ft2 each for
Sections 11 & 12; 55 lots @4,000 ft2 each in Holly Glen; 94 lots @4,000 ft2 each and 6
lots @5,000 ft2 each for Tracts E and O, under SW8 981008; 57 lots @6,000 ft2 each
under SW8 991136; 133 lots @5,000 ft2 each and 68 lots @4,000 ft2 each under SW8
000220; 105 lots @5,000 ft2 each under SW8 020522; 24 lots in Section 19 @5,500 ft2
each under SW8 020527; and 27 lots in Fairway Village @4,000 ft2 each under SW8
990628; Clubhouse @4.2 acres which drains to the pond permitted under SW8 990628;
the West Commercial Area permitted under SW8 980807 for 3.93 acres of built -upon
area; the Fairway Village permitted for 11.69 acres under SW8 990628; and Lanvale
Townhomes permitted for 9.45 acres under SW8 990947. Future development includes
the East Commercial Area @10.57 acres; and Tract P @9.18 acres. Total proposed BUA
is 202.40 acres_
Page 1 of 6

State Stormwater Management Systems
Permit No. SW8 970104
DIVISION OF ENERGY, MINERAL, & LAND RESOURCES
PROJECT DATA SHEET
Project Name:
Permit Number:
Location:
Applicant:
Mailing Address:
Receiving Stream & Index No
Classification of Water Bodies:
Pond Number:
Drainage Area, acres:
Pond Depth, feet:
Permanent Pool Elevation, FMSL:
Total Impervious Surfaces, ft2:
Lot BUA, ft2:
Roads/Parking, ft2:
Sidewalk, ft2:
Patio Homes I, ft2:
Maintenance Building, ft2:
SW8 991136, ft2:
Offsite Area entering Pond, ft2:
Required Surface Area, ft2:
Provided Surface Area, ft2:
Required Storage Volume, ft3:
Provided Storage Volume, ft3:
Temporary Storage Elevation, FMSL
Controlling Orifice:
Magnolia Greens Master Plan
SW8 970104
Brunswick County
Mr. Robert Schneider, Vice President
1628 Doctors Circle
Wilmington, NC 28401
Jackey's Creek (CFR 18-77-3)
Sturgeon Creek (CFR18-77-1)
both are "C Sw"
POND 1
POND 5
151.6
26.2
7
7.5
18
17
1,767,801
366,850
845,084
209,299
453,902
119,920
121,100
28,919
268,000
------
------
8,712
79,715
none, per Engineer
68,309
9,864
82,200
11,137
160,046
32,269
183,796
32,334
20.1
19.4
2 @4" cp each
2" cp pipe
3. Approved plans and specifications for this project are incorporated by reference and are
enforceable parks of the permit. The project must maintain an overall density of 30% or
less. Currently, the overall density is 21 %.
4. The runoff from the curbed streets in the low density portions of this project are proposed
to be treated in curb outlet swales. Each swale as shown on the approved plans denoted
with a AWQ@, must be a minimum of 100' long, with a 5:1 or flatter side slope, a
longitudinal slope not more than 5%, and have a dense vegetated cover, and be able to
cant' the peak flow from a 10 year storm in a non -erosive manner.
5. The higher density portions of the project, such as multi -family areas, the clubhouse,
parking areas, or where a discrete collection system exists, are proposing to treat runoff in
wet detention ponds. The clubhouse drainage, 221,300 ft2, is treated in the Fairway Villas
Pond 1, permitted under SW8 990628.
II. SCHEDULE OF COMPLIANCE
The permittee is responsible for verifying that the proposed built -upon area does not
exceed the allowable built -upon area. Once the lot transfer is complete, the built -upon
area may not be revised without approval from the DEMLR, and responsibility for meeting
the built -upon area limit is transferred to the individual property owner.
Page 2 of 6

State Stormwater Management Systems
Permit No. SW8 970104
2. The uncollected portions of the low density subdivision are served by a Curb Outlet
System. The swales are generally located between lots, and must be maintained with a
stable, vegetated 5:1 sideslope, be a minimum of 100' long, have a longitudinal slope of
5% or less, maintain a dense, vegetated cover, and be able to cant' the peak flow from a
10 year storm in a non -erosive manner.
3. The Director may notify the permittee when the permitted site does not meet one or more
of the minimum requirements of the permit. Within the time frame specified in the notice,
the permittee shall submit a written time schedule to the Director for modifying the site to
meet minimum requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
4. The stormwater management system (ponds and curb outlet swale system) shall be
constructed in its entirety, vegetated and operational for its intended use prior to the
construction of any built -upon surface.
5. During construction, erosion shall be kept to a minimum and any eroded areas of the
system will be repaired immediately.
6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior
to operation of this permitted facility, a certification must be received from an appropriate
designer for the system installed certifying that the permitted facility has been installed in
accordance with this permit, the approved plans and specifications, and other supporting
documentation. Any deviations from the approved plans and specifications must be noted
on the Certification. A modification may be required for those deviations.
7. Decorative spray fountains are allowed in the pond, subject to the following criteria:
a. The minimum permanent pool volume is 30,000 cubic feet.
b. The fountain must draw its water from less than 2' below the permanent pool surface.
C. Separated units, where the nozzle, pump and intake are connected by tubing, may be
used only if they draw water from the surface in the deepest part of the pond.
d. The fountain may not be placed into the forebay.
e. The falling water from the fountain must be centered in the main pond, away from the
shoreline.
f. The maximum horsepower for a fountain in this pond is 1 horsepower.
8. If the stormwater system was used as an Erosion Control device, it must be restored to
design condition prior to operation as a stormwater treatment device, and prior to
occupancy of the facility.
9. Prior to transfer of the permit, a file review and site inspection will be conducted by
Division personnel to ensure the permit conditions have been met and that the project and
the on -site stormwater system complies with the permit conditions. Any items not in
compliance must be repaired, replaced restored, or resolved prior to the transfer. Records
of maintenance activities performed to date may be requested.
10. The permittee shall at all times provide the operation and maintenance necessary to
assure the permitted stormwater system functions at the design condition. The approved
Operation and Maintenance Plan must be followed in its entirety and maintenance must
occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and revegetation of side slopes of the pond and the swales.
d. Immediate repair of eroded areas_
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Debris removal and unclogging of outlet structures, orifice devices, catch basins
and piping.
g. Access to the outlet structures and swales must be available at all times.
Page 3 of 6

State Stormwater Management Systems
Permit No. SW8 970104
11. Records of maintenance activities must be kept and made available upon request to
authorized personnel of DEMLR. The records will indicate the date, activity, name of
person performing the work and what actions were taken.
12. The facilities shall be constructed, operated and maintained in accordance with the
provisions of this permit, the approved plans and specifications, and the supporting
documents attached to this permit and on file with the Division.
13. No person or entity, including the permittee, shall alter any component shown in the approved
plans and specifications. Prior to the construction of any modification to the approved plans,
the permittee shall submit to the Director, and shall have received approval for modified plans,
specifications, and calculations including, but not limited to, those listed below. For changes to
the project or SCM that impact the certifications, a new or updated certification(s), as
applicable, will be required and a copy must be submitted to the appropriate DEQ regional
office upon completion of the modification.
a. Any modification to the approved plans and specifications, regardless of size including
the SCM(s), BUA, details, etc.
b. Redesign or addition to the approved amount of BUA or to the drainage area.
C. Further development, subdivision, acquisition, lease or sale of any, all or part of the
project and/or property area as reported in the approved plans and specifications.
d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any
component of the approved SCM(s), the stormwater collection system and/or
vegetative conveyance shown on the approved plan.
e. The construction of any allocated future BUA.
f. Adding the option to use permeable pavement or #57 stone within the lots as a
permeable surface. The request may require a proposed amendment to the deed
restrictions and protective covenants for the subdivision to be submitted and recorded.
g. The construction of any permeable pavement, #57 stone area, public trails, or
landscaping material to be considered a permeable surface that were not included in
the approved plans and specifications.
h. Other modifications as determined by the Director.
14. All runoff from the impervious surfaces of the clubhouse / pro shop area, including parking
lots, roads, buildings, and pool decks, must drain into the Golf Pond permitted under SW8
990628. Pond #3, as shown on the Master Plan, is no longer a stormwater treatment
pond.
15. Each curb outlet swale must be located in a recorded access/drainage easement.
16. A copy of the recorded deed restrictions for each section must be submitted to the
Division within 30 days of the date of recording the plat, and prior to selling lots in that
section. The recorded copy must bear the signature of the Permittee, the deed book
number and page, and stamp/signature of the Register of Deeds.
Page 4 of 6

State Stormwater Management Systems
Permit No. SW8 970104
17. Prior to the sale of any lot, deed restrictions must be recorded which limit the built -upon
area per lot to the amount as shown on the Project Data Sheet, per Section I, Part 2. The
recorded statements must follow the form:
a. The maximum built -upon area per lot in this section is *see below square feet.
This allotted amount includes any built -upon area constructed within the lot
property boundaries, and that portion of the right-of-way between the front lot line
and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not
include raised, open wood decking, or the water surface of swimming pools.
b_ The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the State.
C. Alteration of the drainage as shown on the approved plan, including the curb outlet
swales, may not take place without the concurrence of the State.
d. Each lot shall maintain a minimum of 30' of vegetated buffer between any
impervious surface on the lot and surface waters.
The permittee will fill in the built -upon area associated with each lot in the section per the
BUA limits as listed in Section 1.2 of this permit and as shown on the summary table on
the approved Master Plan.
III. GENERAL CONDITIONS
1. Any individual or entity found to be in noncompliance with the provisions of a stormwater
management permit or the requirements of the stormwater rules is subject to enforcement
procedures as set forth in NCGS 143 Article 21.
2. The issuance of this permit does not preclude the permittee from complying with and obtaining
any other permits or approvals that are required for this development to take place, as
required by any statutes, rules, regulations, or ordinances, which may be imposed by any
other Local, State or Federal government agency having jurisdiction. Any activities undertaken
at this site that cause a water quality violation or undertaken prior to receipt of the necessary
permits or approvals to do so are considered violations of NCGS 143-215.1, and subject to
enforcement procedures pursuant to NCGS 143-215.6.
3. If the facilities fail to perform satisfactorily, the permittee shall take immediate corrective
actions. This includes actions required by this Division and the stormwater rules such as the
construction of additional or replacement on -site stormwater systems. These additional or
replacement measures shall receive a permit from the Division prior to construction.
4. Permit Transfer: This permit is not transferable to any person or entity except after notice to
and approval by the Director. The permittee shall submit a completed and signed "Permit
Transfer Application Form" (available on the Division website) accompanied by the required
fee and supporting documentation as listed on the form, to the Division at least 60 days prior
to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an
individual lot sale that is made subject to the recorded deed restrictions and protective
covenants;
b. The assignment or conveyance of declarant rights to another individual or entity;
C. The sale or conveyance of the common areas to a Homeowner's or Property Owner's
Association, subject to the requirements of NCGS 143-214.7(c2);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or
NCGS 57D-6-07 and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121,
Page 5 of 6

State Stormwater Management Systems
Permit No. SW8 970104
5. Current Permittee Name or Address Changes: The permittee shall submit a completed
"Permit Information Update Application Form" (available on the Division website) to the
Division within 30 days to making any one or more of the following changes:
a. A name change of the current permittee;
b. A name change of the project;
C. A mailing address change of the permittee;
6. The permittee is responsible for compliance with all terms and conditions of this permit until
the Division approves the transfer request. Neither the sale of the project, in whole or in part,
nor the conveyance of common area to a third party constitutes an approved transfer of the
permit.
7. The permittee grants Division Staff permission to enter the property during normal business
hours to inspect all components of the permitted project.
8. The permit issued shall continue in force and effect until the permittee files a request with the
Division for a permit modification, transfer, renewal, or rescission; however, these actions do
not stay any permit conditions.
9. Approved plans, application documents, supplements, calculations, operation and
maintenance agreement, and specifications for this project are incorporated by reference and
are enforceable parts of the permit. A copy of this permit, application, supplements, operation
and maintenance agreement, and approved plans and specifications shall be maintained on
file by the permittee.
10. Unless specified elsewhere, permanent seeding requirements for the on -site stormwater
system must follow the guidelines established in the North Carolina Erosion and Sediment
Control Planning and Design Manual.
11. The issuance of this permit does not prohibit the Director from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit for cause as allowed by the
laws, rules, and regulations contained in Title 15A NCAC 2H.1000 and NCGS 143-215.1 et.al.
12. A permit renewal request must be submitted at least 180 days prior to the expiration date of
this permit. The renewal request must include the appropriate application, documentation and
the processing fee as outlined in Title 15A NCAC 02H.1045(3).
Permit renewed, updated and reissued this the 25th day of October 2021.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
ran reran, irec or
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6

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CURB AND GUTTER MAINTENANCE REQUIREMENTS
Project Name Magnolia Greens Project No.
Responsible Party: landmark Developers, Inc Phone No. 392-7201
Address: P.O. Box 4127, Wilmington, N.C. 28406
1. Mowing will be accomplished as needed according to the season. Grass height will not
exceed 6" at any time.
2. Swales will be inspected monthly or after every runoff producing rainfall event for
sediment build-up, erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded
or sodded following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as
needed based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly
or after every runoff producing rainfall event. Trash and debris will be cleared away from
grates, curb cuts, velocity reduction devices, and piping.
6. Swales may not be tered, piped, or filled in without permit modification and approval.
I acknowledgA a e y signatiA/below that I am responsible for the performance of the
above maint p e
gn e 4
Si afore Date: j2 (�
STORMWATER
p E C E I V E
FEB 18 794 D
PROJ # w�ot

DEMLR USE ONLY
Date Rece' a
Fee Paid
Permit Number.
NC DEQ Division of Energy, Mineral and Land Resources
STATE Pt ORNiWA t Iy R:
E� PAI a a�.E..t�EVIA .„ A¢14"''l IC 'RON FORM
In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days
prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781)
Section 60.(c). This application form is for permit renewals only.
A. PROJECT INFOR-MATiON
1. State Stormwater Permit Number: SW8 970104
2. Project name: Magnolia Greens Master Plan
3. Project street address: Grandiflora Drive
City: Leland County: Brunswick ZIP:
28451
4. What, if any, changes have been made to the project as permitted?
if the project has changed from the original approved plans, please complete SWU-101 for a Major
Modification or Minor Modification Application form available at: https://deg.nc.gov/about/divisions/energy-
m ineral-land-resources/energy-m ineral-land-rules/stormwater-program/post-construction.
E. PEl* MITTEE INFC71'MPJi'ON
If changes to the permittee or project name have been made, please complete either the Permit Update form
or the Permit Transfer form available at: https:Hdeg.ne.gov/about/divisions/energy-mineral-land-
resources/energy-mineral-land-rules/stormwater-program/post-construction. State Stormwater Permits do not
automatically transfer with the sale of the property.
1. Current Permit Holder's Company Name/Organization: Magnolia Greens Master Association
2. Signing Official's Name: Robert Schneider
3. Signing Official's Title: Board Vice President
4. Mailing Address: 1628 Doctors Circle
City: Wilmington State: NC ZIP
28401
5. Street Address: Grandiflora Drive
City: Leland State: NC ZIP: 28451
6. Phone: [phone] Email: abarker0_)cepco-nc.com
OCT 14 2021 "
8Y
Stormwater Permit Renewal Form Page 1 of 3 — May 11, 2018

Q. SU;? itiT T AIL REQUIRE—il,7ENITS
Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR
Central Office (Urbanizing Areas'Ph 2, USMP, Non -Coastal HQW/ORW). Only applications packages that
include all required items listed below will be accepted and reviewed.
Initial each item below to indicate that the required information is provided in the application package:
1. A permit application processing fee of $505.00 payable to NCDEQ.
. n--' 2. One original signed hard copy and one electronic copy of this completed form. The signing official
named on this application to represent the current permittee must meet one of the following:
a. Corporation -- a principle executive officer of at least the level of vice-president;
b. Limited Liability Company (LLC) — a manager or company official as those terms are defined
in G.S. 57D "North Carolina Limited Liability Company Act;"
c. Public Entity— a principal executive officer, ranking official, or other duly authorized employee;
d. Partnership or limited partnership — the general partner;
e. Sole proprietor; or
f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the
signature of another entity.
3. One hard copy and one electronic copy of recorded documents required by the original permit that
have not yet been received by DEMLR, including: deed restrictions, protective covenants,
condominium/planned community declaration and easements. If the project has been built, include
documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. If
the project has not been built, include a signed agreement that the final recorded deed restrictions
and protective covenants will be submitted at a later date.
4. O&M Agreements, Please select one:
jly I have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to
keep this on file with the permit; or
❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am
requesting a copy be sent to me. I agree to keep this on file with the permit.
5. Designer Certifications; Please select one:
A copy of the certification(s) confirming that the project was built in accordance with the
approved plans have been previously provided to the Division; or
❑ A copy of the certification(s) confirming that the project was built in accordance with the
approved plans are enclosed; or
❑ The project has not yet been built.
_ 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a
signed, sealed, and dated letter from a licensed professional stating that the SCMs have been
inspected, and that they have been built and maintained in accordance with the permit.
9
7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC):
Provide one hard copy and one electronic copy of documentation from the NC Secretary of State,
or other official documentation, which supports the titles and positions held by the persons listed in
Section C.2 per 15A NCAC 2H. 1043(3)(b).
httos://www.sosnc.aov/online services/search/by title/ Business Registration
i 14 2021 J
BY:—
Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018

O. PERNTI TEE'S CERTIFICATMNI
the person legally responsible for the permit, certify that I have
a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am
responsible for the performance of the maintenance procedures, and the site has been and will be maintained
according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs
or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the
project, SCMs; or ownership. All information provided on this permit renewal application is, to the best of my
knowledge, correct and complete.
Signature: -�
g Date: i 3/2c2-
)
NOTARIZATION:
II ck. S a Notary Public for the State of
r , County of � (��LU /" , do hereby certify
that personall
y y appeared before me
this the 13 day of �� , 20 a L, and acknowledge the due
I0�hforgoing instrument. Witness my hand and official seal,
(N9°y40�)
Ll
6.Lotary Sign J/�
,ZZ77NCn o�n expires
LL" 1 14 2021
BY:
Stormwater Permit Renews! Application Form Page 3 of 3 May 11, 2018

� r
Permit No.
(to be provided by DWo
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWQ Stormwater Management Plan Review:
A complete stormwater management plan submittal includes an application form, a wet detention basin
supplement for each basin, design calculations, and plans and specifications showing all basin and outlet
structure details.
I. PROJECT INFORMATION
Project Name: Magnolia Greens
Contact Person: Chris Stephens
Phone Number: [phone]
For project with multiple basins, specify which basin this worksheet applies to: Pond#1
elevations
Basin. Bottom Elevation
11
ft.
(floor of the basin)
Permanent Pool Elevation
18
ft.
(elevation of the orifice)
Temporary Pool Elevation
20.1
ft.
(elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area
82200
sq. ft.
(wafer surface area at the orifice elevation)
Drainage Area
99.3
ac.
(on -site and off -site drainage to the basin)
Impervious Area
38.64
ac.
(on -site and off -site drainage to the basin)
volumes
Permanent Pool Volume
403297
cu. ft.
(combined volume of main basin and forebay)
Temporary Pool Volume
183975
cu. ft.
(volume detained above the permanent pool)
Forebay Volume
67579
cu. ft.
(approximately 20% of total volume)
Other parameters
SA/DA'
1.2635
(surface area to drainage area ratio from DWQ table)
Diameter of 01ifice
2x4"
in.
(2 to 5 day temporary pool' draw -down required)
Design Rainfall
1
in.
Design TSS Removal 2
90
%
(minimum 85% required)
Form: SWU-102 Rev 3.99 Page 1 of 4

FcotnoteU:
When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non-
standard table entries.
2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide
90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal.
II. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the Stormwater Best Management Practices Manual
(N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials:
Aloy a.
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
b.
The forebay volume is approximately equal to 20% of the basin volume.
c.
The temporary pool controls runoff from the design storm event.
d.
The temporary pool draws down in 2 to 5 days.
e.
If required, a 30-foot vegetative filter is provided at the outlet ( include non -erosive flow
n
calculations)
f.
The basin length to width ratio is greater than 3:1.
g.
The basin side slopes above the permanent pool are no steeper than 3:1.
MA4' h.
A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail).
i.
Vegetative cover above the permanent pool elevation is specified.
j.
A trash rack or similar device is provided for both the overflow and orifice.
k.
A recorded drainage easement is provided for each basin including access to nearest right -
of way.
1.
If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified prior to use as a wet detention basin.
m. * A mechanism is specified which will drain the basin for maintenance or an emergency.
*PORTABLE PUMP
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT
Tlie wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the
vegetated filter if one is provided.
This system (check one) 0 does 0 does not incorporate a vegetated filter at the outlet.
This system (check one) 0 does 0 does not incorporate pretreatment other than a forebay.
Form: SNM-102 Rev 3.99 Page 2 of 4

Maintenance activities shall be performed as follows:
After every significant runoff producing rainfall event and at least monthly:
a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation,
vegetated cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within
2 to 5 days as designed.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow vegetative
cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain
proper functioning .
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of
in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e.
stockpiling near a wet detention basin or stream, etc.)
The measuring device used to determine the sediment elevation shall be as such that it will give an accurate
depth reading and not readily penetrate into accumulated sediments.
When the permanent pool depth reads 5.25
When the permanent pool depth reads 3.00
feet in the main pond, the sediment shall be removed.
feet in the forebay, the sediment shall be removed.
BASIN DIAGRAM
(fill in the blanks)
";7 Permanent Pool Elevation = 18
Sediment Remo 1 El.. 15
75%
Bottom Elevation 14
F®REBAY
Sediment Removal Elevation = 12.75 75%
5%
Bottom Elevation = 11 25%
MAIN POND
Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These
plants shall be encouraged to grow along the vegetated shelf and forebay berm.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through
Form: SNM-102 Rev 3.99 Page 3 of 4

the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the seven
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print name: W. Christopher Stephens
Title: President
Address: 5022 Wrightsville Avenue Wil ington C 28403
Phone: [phone]
Signature: r
Date: o 2--
Note: The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
I, . F3 02 a Notary Public for the State of A.A C' .) -
County of D ( Aj ,do hereby certify that W. Cil y l5}boc fAQ 6ZM-S
personally appeared before me this _� day of , 2 �Z -2 ,and acknowledge the due
execution of the foregoing wet detention basin maintenance r quirements. Witness my hand and official seal,
z NOTARY • o
� PUBLIC � a
SEAL
j -- 4 - P6 pu P- _ _
My commission expires Q1f g. 2ac- o
Form: SWU-102 Rev 3.99 Page 4 of 4

Permit No. SCu q i(> I v4-14C) D
(to be provided by DWQ)
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
WET DETENTION BASIN SUPPLEMENT
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a wet detention basin supplement for each basin,
design calculations, plans and specifications showing all basin and outlet structure details, and a signed and
notarized operation and maintenance agreement.
I. PROJECT INFORMATION (please complete the following information):
Project Name: Magnolia Greens Sections N
Contact Person: Greg Hetzler, McKim & Creed Phone Number: [phone]
For projects with multiple basins, specify which basin this worksheet applies to: Pond #5
Basin Bottom Elevation
9.5
ft.
Permanent Pool Elevation
17.0
ft.
Temporary Pool Elevation
19.4
ft.
Permanent Pool Surface Area
11,137
sq. ft
Drainage Area
26.2
ac.
Impervious Area
8.42
ac.
Permanent Pool Volume
22,483
cu. ft.
Temporary Pool Volume
32,568
cu. ft.
Forebay Volume
6,844
cu. ft.
SA/DA' used
0.8063
Diameter of Orifice
Ix 2
in
Design TSS Removal
90
II. REQUIRED ITEMS CHECKLIST
(average elevation of the floor of the basin)
(elevation of the orifice)
(elevation of the discharge structure overflow)
(water surface area at the orifice elevation)
(on -site and off -site drainage to the basin)
(on -site and off -site drainage to the basin)
(combined volume of main basin anti forebay)
(volume detained above the permanent pool)
(surface area to drainage area ratio)
(851/o TSS removal required, see item k below)
The following checklist outlines design requirements per the Stormwater Best Management Practices manual
(N.C. Department of Environment, Health and Natural Resources, November 1995) and Administrative Code
Section: 15 A NCAC 2H .1008.
Initial in the space provided to indicate the fol1owing design requirerrients have been met and supporting
documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Form SWU-102 Rev 1/August 1998 Page 1 of 3

The temporary pool controls runoff from the 1 inch storm event.
The basin length to width ratio is greater than 3: 1.
The basin side slopes above the permanent pool are no steeper than 3: 1.
A submerged and vegetated perimeter shelf at less than 6:1 is provided (show detail).
Vegetation above the permanent pool elevation is specified.
An emergency drain is provided to empty the basin.
The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet).
The temporary pool draws down in 2 to 5 days.
A trash rack is provided for both the overflow and orifice.
The forebay volume is approximately equal to 20% of the total basin volume.
Sediment storage is provided in the permanent pool.
A 30-foot vegetative filter is provided at the outlet' (include erosive flow calculations)
Recorded drainage easement for each basin including access to nearest right-of-way.
A site specific operation and maintenance (O&M) plan is provided.
A vegetation management/mowing schedule is provided in the O&M plan.
Semi-annual inspections are specified in the O&M plan.
A debris check to be performed after every storm event is specified in the O&M plan.
Specific clean -out benchmarks are specified in the O&M plan (elevation or depth).
A legally responsible party is designated in the O&M pl& (include name and title).
If the basin is used for sediment and erosion control during construction, clean out of the
basin is specified to be performed prior to use as a wet detention basin.
Footnotes:
When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the
actual impervious % and permanent pool depth. Linear interpolation should be employed to deten.ume the correct value for non-
standard table entries.
'The requirement for a vegetative filer may be waived if the wet detention basin is designed to meet 90% TSS removal.
'The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident
of the subdivision has been named the president.
III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT •
The wet detention basin system is defined as the wet detention basin, forebay, non-integrated pretreatment
systems (pretreatment other than forebays), and the vegetated filter if one is provided.
This system (check one) ❑does does not incorporate a vegetated fllter.
This system (check one) ❑ does 2 does not incorporate non-integrated pretreatment g P ent.
Maintenance activities shall be performs as follows:
1. After every significant runoff producing rainfall event and at least monthly:
Form SWU-102 Rev 1/August 1998 Page 2 of 3

a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, grass
cover, and general condition.
b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs
within
2 to 5 days.
2. Repair eroded areas immediately, re -seed as necessary to maintain good vegetative cover, mow
vegetative cover to maintain a maximum height of six inches, and remove trash as needed.
3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to
maintain proper functioning.
4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is
reduced to 75% of the original design depth. Removed sediment shall be disposed of in an appropriate
manner and shall not be handled in a manner that will adversely impact water quality (i.e. stockpiling
near a wet detention basin or stream, etc.).
The original design depth is: 7.5'
The sediment removal benchmark depth is : 5.625'
5. Remove cattails and other indigenous wetland plants when they cover 75% of the basin surface. These
plants shall be encouraged to grow along the basin perimeter.
6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment
through the emergency drain shall be minimized to the maximum extent practical.
7. All components of the wet detention basin system shall be maintained in good working order.
I acknowledge and agree by my signature below that I am responsible for the performance of the above
maintenance procedures. I agree to notify DWQ of any problems with the system or changes in the name of the
project, responsible party, or address.
Print name:
Address
Phone:
Title .
Signature
Date :
a Notary Public for the State
Coun of /��
t3' �LU , do hereby certify that L1�, �► rC, �'d r�%�N 5�7�5
personally appeared d before me thi p FP s Zt`day of �9•-�, and acknowledge the
due execution of the forgoing infiltration system maintenance r �� exits,... kpss my hand and official. seal
SEAL
My commi sion expires
Form SWU-102 Rev 1/August 1998 Page 3 of 3
low
NOTARY
Z': PUBLIC '2
.,4A

Permit No. - VW0Q
(to be provided by
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be photocopied far use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in Session Law 2008-211, 15A NCAC 2H. 1000, Session Law 2006-246, and the DWQ BUT Manual.
Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H .1008(g).
I. PROJECT INFORMATION
Project Name : Magnolia Greens
Contact Person: Chris Stephens Phone Number: ( 910 )392-7201
Number of Lots: Allowable Built Upon Area (BUA) Per Lot*:
Number of Dwelling Units Per Acre**:
Low Density Development (check one): ❑ without curb & gutter ® with curb & gutter, outlets to (check one):
® Swales ❑ Vegetated Area
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot.
The attachment must include the project name, phase, page numbers and provide area subtotals and totals. BUA shall be
shown in units of square feet.
**(Phase H Post -Construction (non -SA) only)
II. BUILT UPON AREA
Refer to DWQ's forms and applications website for specific language that must be recorded in the deed
restrictions for all subdivided projects.(http://h2o.enr.state.nc.us/su/bmp_forms.htm)
Complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. �_
. j l
• DF Density Factor -the appropriate percent built upon area divided by 100�
• RA Road Area - the total impervious surface occupied by roadways. MAY 13 2011
• OA Other Area - the total area of impervious surfaces such as clubhouses, tee courts, sidewalks etc.
• No. of Lots - the total number of lots in the subdivision.
• BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
• Total allowable lot BUA - the computed allowable built upon area for all lots combined.
• Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non -uniform lots.
Form SW401-Low Density-Rev.3-2/10/09 Page 1 of 5

Calculation:
For uniform lot sizes:
{SA: ft x DF: ) — (RA: f? — (OA• iZ = BUA per Lot = ft2
(No of Lots: _)
For non -uniform lot sizes:
a. (SA: 41977901 If x DF: 0-�� — (RA: 2032074 ft) — (OA: 2801344. ft) = Total allowable lot BUA =
7759952 ft
b. Total BUA from lot listing: 4233000s£ b must be < a
III. DESIGN INFORMATION
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual or at
http://hdsc.nws.noaa.gov/hdsc/pfds/
Table 1. Swale design information based on the 10-vear storm
i Flow
• `_
is
■�
�
■�■�
�
■■�■
�
�
■■�
�■
Form SW401-Low Density-Rev.3-2/10/09 Page 2 of 5

IV. REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1000, NCDENR BMP Manual (2007), Session Law 2006-246, and Session Law 2008-211.
Please indicate the page or plan sheet numbers where the supporting documentation can be found. An
incomplete submittal package will result in a request for additional information. This will delay fmal
review and approval of the project. Initial in the space provided to indicate that the following requirements
have been met and supporting documentation is provided as necessary. If the applicant has designated an agent
on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met,
then iustifieation must be attached. Only complete items n through p for projects with curb outlets.
Page/Plan
Initials Sheet No.
,J 19 P�1 _ a. t
For projects in the 20 coastal counties: Per NCAC 2H.1005, a 50 foot wide vegetative buffer
is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative
buffer adjacent surface waters is provided.
ii —A— 14 b. t
For HQW or ORW projects outside the 20 coastal counties: A 30 foot wide vegetative buffer
is provided adjacent to surface waters.
b(4 NtA c. t
For Phase II Post -Construction projects: All built upon area is located at least 30 feet
!>60'0 evs,. a s
landward of all perennial and intermittent surface waters.
aecoxpoo aao d.
Deed restriction language as required on form SWU-101 shall be recorded as a restrictive
F i t-c
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to the sale of any lots.
&&l e.
Built upon area calculations are provided for the overall project and all lots.
Nr, f.
Project conforms to low density requirements within the ORW AEC. (if applicable per
M_AAW
15A NCAC 2H .1007)
g.
Side slopes of swales are no steeper than 3:1; or no steeper than 5:1 for curb outlet swales.
— h.
POW
Longitudinal slope of swales is no greater than 5%; for non -curb outlet projects, calculations
for shear stress and velocity are provided if slope is greater than 5%.
.-10' flFiti1$e 4WSi.
At a minimum, swales are designed to carry the 10 year storm velocity at a non -erosive rate.
Ao Wyl ytALPs j.
Swales discharging to wetlands are designed to flow into and through the wetlands at a non -
erosive velocity (for this flow requirement into wetlands, non -erosive is velocity < 2 ft1s).
e0vj k. Swale detail and permanent vegetation is specified on the plans.
', 1. Swale detail provided on plans; includes grass type(s) for permanent vegetative cover.
10 it m. Swales are located in recorded drainage easements.
" n.tt Length of swale or vegetated area is at least 100 feet for each curb outlet.
0.11 The system takes into account the run-off at ultimate built -out potential from all surfaces
draining to the system (delineate drainage area for each swale).
p tt Curb outlets direct now to a swale or vegetated area.
t Projects in the Neuse, Tar -Pamlico, Catawba River basins, and Randleman Lake
tt Only complete these items for projects with curb outlets.
Form SW401-Low Density-Rev.3-2/10/09 Page 3 of 4

V. SWALE SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time; and grass will not be mowed too close to the ground or "scalped".
2. Swales will be inspected monthly or after every runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections. Side slopes must be maintained at the permitted slope.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and Title: W. Christopher Stephens President
Address:
r:1
Date:
Note: The legally resporffible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
1, Devoyi E -Cy-L n e4-A , a Notary Public for the State of V9dLAC4rZNVW, County of
u,ViSW CHIC, , do hereby certify that Chtrl S{ p Dh' %�%1Gr Spersonally appeared before me this
day of Zp I t , and acknowledge the due execution of the forgoing swale maintenance requirements.
Witness my hand and official seal,
Notary
logo*,* OA_ ir
NOTARY
A Muld v
My commission expires Deee 6k 9. ul5
.ECEIV r
Form SW401-Low Density-Rev.3-2/10/09 Page 4 of 4

LOT LISTING FOR LOW DEN5TIY SUPPLEMENT:
SECTIONS 1-9:288 LOT5 @ 4,000 5F;7 LOTS @ 5,000 5F
SECTIONS I I * 12:7G LOTS @ 3,500 5F
HOLLY GLEN:55 LOTS @ 4,000 5F
5W8 981005:94 LOTS @ 4,000 SF, G LOTS @ 5,000 5F
5W 8991 13G 57 LOT5 @ 0000 SF IMP
5W8 000220MOD: 1 15 LOTS @ 5,000 5F, 118 LOTS @ 4,000 5F
GLENDALE: 105 LOTS @ 5,000 5F
SECTION 19: 24 LOTS @ 5,500 5F
5W8 992G28: 27 LOT5 @ 4,000 5F;
TOTALS: 972 LOTS; 4,233,000 5F IMPERVIOU5
X-ICE E�3
MAY 13 2011
Bv-

Permit No. SW8 970104 Modification
,agnolia Greens Master Plan Page 1 of 2
Stormwater Permit No. SW8 970104 Modification C
Brunswick County
�t
Designer's Certification
l; K . t>,c**C- E VL , as a duly registered f RpFg0"LpoAL - "wig in the State of North
Carolina, having been authorized to observe (periodically/fir/fie) the spaskmalim of the
project,
�ppsD Ark a !A00A kee"IS (Project)
for LANDMAR.- -OW EI.r�S�uL.r (Project Owner) hereby state that, to the best of my
abilities, due care and diligence was used in the observation of the project construction such that the
construction was observed to be built within substantial compliance and intent of the approved plans and
specifications.
The checklist of items on page 2 of this form are a part of this Certification.
Noted deviations from approved plans and specifications:
Signature
Registration Number Q24 709
Date Q I I o El I I Z
�ECEIVE�
SEP 13 2012
BY:
SEAL
Q
SEAL
024908
`'•�-•,'���s FEN
09/D9// Z
8

OLULG JLU1111WULG1 1vliulaguilw
Permit No. SW8 970104 Mo,
Certification Requirements: Page 2 of 2
1. The drainage area to the system contains approximately the permitted acreage.
_td 2. The drainage area to the system contains no more than the permitted amount of built -
upon area.
4t3. All the built -upon area associated with the project is graded such that the runoff drains to
the system.
4. The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
40_6. Trash rack is provided on the outlet/bypass structure.
7. All slopes are grassed with permanent vegetation.
8. Vegetated slopes are no steeper than 3:1.
9. The inlets are located per the approved plans and do not cause short-circuiting of the
system.
10. The permitted amounts of surface area and/or volume have been provided.
11. Required drawdown devices are correctly sized per the approved plans.
12. All required design depths are provided.
13. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the
vegetated filter.
14. The overall dimensions of the system, as shown on the approved plans, are provided.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspector
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0

Magnolia Greens Master Plan
Stormwater Permit No. SW8 970104 Modification
Brunswick County
Designer's Certification
State Stormwater Management Systems
Permit No. SW8 970104 Modification
Page 1 of 2
1' - DAU l5 T5F-N N r--LL , as a duly registered FRA F(-=SStvra AL, N
the State of North Carolina, having been authorized to observe (periodically/1 /� m
the project, Y femme) the construction of
IFOND, I Ar M 4,6.o
r4no fa
ect)
for �- �i,1 n M � �EV>✓La �R S (,project Owner) hereby state that, to the best ofm abilities due
and diligence was used m the obscare
ervation of the project construction such that the construction was observed to be
built within substantial compliance and intent of the approved plans and specifications.
The checklist of items on page 2 of this form are a part of this Certification. •� �t!R6A ,a�6 �o
'11{{{ 11 N 11 !t/
d�`D���J
Noted deviations from approved plans and specifications:' es�o 'y
r.
SEAL r
024We
FE
Signature --kc,
Registration Number 44 'j O$
Date _ '3, Av6 bd
Certification Requirements:
SEAL
RECEIVED
AUG B 7 2001
DWQ
P$OJ M
Page 2 of 2
7

State Stormwater Management Systems
Permit No. SW8 970104 Modification
I• The drainage area to the system contains approximately the permitted acreage.
�• The drainage area to the system contains no more than the ermitted'
P amount of built -upon area.
'AII the built -upon area associated with the project is graded such that the runoff drains to the syste
m.
4• The outlet/bypass structure elevations are per the approved plan.
5. The outlet structure is located per the approved plans.
PP P s.
6. Trash rack is provided on the outlet/bypass structure.
/47• All slopes are grassed with permanent vegetation.
�/��� P g tahon.
��s• Vegetated slopes are no steeper than 3:1.
• The inlets are located per the approved 1 pp pans and do not cause short-circuiting of the system.
10. The permitted amounts of surface area and/or volume have been provided.
r 11. Required drawdown devices are correctly per sized the approved plans.
12. All required design depths are provided.
1613. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter.
14. The overall dimensions of the system as shown on
the approved plans, are provided.
cc: NCDENR-DWQ Regional Office
Delaney Aycock, Brunswick County Building Inspector
?oat) TrLEATS GaL-trE(-T-eb 20P1)FP P-.oM t_ooO DrtY PZ01r=f-T-
MOr A Ll- 1M'PW.;zvr0JS Dt iz.Eu-E'� Ta Pam L I N .

BK 1 191 PG J 9 91
fBfQ f RECiSTRA
'sSOK PAGE
97 DEC 23 Pik 4= 06
ROBf.R1 J..RUIMw,
REGi 'OF DEEBS
BRIiMK CBBNTT. N.C.
MASTER DECLARATION OF PROTECTIVE COVENANTS
FOR
MAGNOLIA GREENS
IECEIVE
MAR 2 2 2�!3
x�rrvi r, i-lvr
JD —RV —TO
16AiPC

BK 1 191 P60992
TABLE OF CONTENTS
ARTICLE1 - Definitions................................................................................................................1
ARTICLE2 - Property Rights.........................................................................................................4
ARTICLE 3 - Association Function, Membership and
VotingRights......................................................................................................5
T ARTICLE 4 - Rights and Obligations of the Association...............................................................6
ARTICLE5 - Maintenance..............................................................................................................8
ARTICLE 6 - Insurance and Casualty Losses...............................................................................10
ARTICLE 7 - Subdivision and Annexation...................................................................................10
ARTICLES- Condemnation.........................................................................................................10
ARTICLE 9 - Annexation and Withdrawal of Property ................................................................10
ARTICLE10 - Assessments..........................................................................................................11
ARTICLE I I - Design Guidelines.................................................................................................15
-- ARTICLE 12 - Use Guidelines and Restrictions...........................................................................20
ARTICLE13 - Easements.............................................................................................................25
ARTICLE 14 - Mortgagee Provisions_.........................................................................................31
ARTICLE15 - Declaranfs Rights.................................................................................................31
ARTICLE16 - Golf Course...........................................................................................................31
ARTICLE 17 - Duration, Amcndmcnt and Terminatio;i...............................................................32
—" ARTICLE 18 - Compliance with these Protective Covenants, the Articles, the By -Laws
and the Rules and Regulations of the Association.............................................................33
ARTICLE 19 - General Provisions...............................................................................................34
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BK 1 191 PG0993
STATE OF NORTH CAROLINA MASTER DECLARATION OF
PROTECTIVE COVENANTS
COUNTY OF BRUNSWICK FOj;MAGNOLIA GREENS
THIS MASTER DECLARATION OF PROTECTIVE COVENANTSFOR
MAGNOLIA GREENS ("Protective Covenants") is made this day of December,1997,
by Landmark Developers, Inc. a North Carolina corporation ("DECLARANT").
DECLARANT is the owner of the real property described in IMMIT A, which
is attached and incorporated by referents. These Protective Covenants impose upon the
Properties (as defined in ARTICLE 1) mutual beneficial restrictions under a general plan of
improvement for the benefit of the owners of each portion of the Properties, and establishes a
flexible and reasonable procedure for the overall development, administration, maintenance and
preservation of the Properties.
DECLARANT bereby declares that all of the property described in EIL =rr A
and any additional property subjected to these Protective Covenants by Supplemental
Y Declaration shall be held, sold, used and conveyed subject to the following easements,
restrictions, covenants, and conditions, which are for the purpose of protecting the value and
desirability of and which shall run with the real property subjected to these Protective Covenants.
These Protective Covenants shall be binding on and shall inure to the benefit of all parties having
any right, title or interest in the Properties or any part thereof; their heirs, successors, and assigns.
ARTICLE 1
DITINITIONS
The terms used in these Protective Covenants shall generally be given their
natural, commonly accepted definitions except as otherwise specified. Capitalized terms shall be
_ defined as set forth below.
1.1 `•Amenitief: shall mean all recreational facilities of any type constructed
and located on the properties and owned by the Association.
1.2 "Articles of Incorporaton" or "A>figW": the Articles of Incorporation of
Magnolia Greens Master Association, Inc., as filed with the North Carolina Secretary of State,
and as may be amended from time to time.
1.3 "Aspiration": Magnolia Greens Master Association, Inc., a North
Carolina nonprofit corporation, its successors and assigns formed or to be formed by the
T DECLARANT as a property owners association for unit owners in Magnolia Greens, all of
whore shall be members of the Association.
1.4 '%anrd of Directors" or "DQAW": the board governing the Association and
— managing the affairs of the Association.
1.5 M91da": any Person winch purchases one or more Units for the purpose
of construction of improvements for later sale to consumers or parcels of land within the
Properties for further subdivision, development, and/or release in the ordinary course of such
Person's business.
1.6 "Business" and'"rmde": shall be construed to have their ordinary,
90fterallY accepted meanings and shall include, without limitation, any occupation, work or
activity undertaken on an ongoing basis which involves the provision of goods or services to
persons other than the provider's family and for which the provider receives a fee, compensation,
or other form of consideration.
1.7 '13UAws"; the By -Laws of Magnolia Greens Master Association, Inc.,
as they may be modified or amended from time to time.
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BK 1 191 PG0994
1.8 " lus "B" Control Eeriod": the period of time during which the Class "B"
Member is entitled to appoint a majority of the members of the Board of Directors as provided iuo.
Section 3.3.
1.9 "Commercial Pronertv': shall mean any real property used for non-
residential, business, commercial and retail purposes.
1.10 "Committee": the Architectural StandardsReview Committee, as
described in ARTICLE 11 herein.
1.11 ".ComrnonArea": all real and personal property which the Association
owns or leases for the common use and enjoyment of the Members.
1.12 " Amon Expenses": the actual and estimated expenses incurred or
anticipated to be incurred by the Association for the general benefit of all Units, including any
reasonable reserve and actual and estimated expanses of maintaining and operating the Common
Areas, conservation and buffer areas, and landscaped areas within road right of ways, as the
Board may find necessary and appropriate pursuant to these Protective Covenants the By -Laws,
and the Articles of Incorporation, including the following:
(a) All sums lawfully assessed by the Association against its members;
(b) Expenses of administration, maintenance, repair or replacement of
the Common Areas and the stormwater system;
(c) Expenses declared to be Common Expenses by the provisions of
these Protective Covenants or the By -Laws;
(d) Expenses agreed by the members to be Common Expenses of the
Association;
(a) Any ad valorem taxes and public assessments levied against the
Gammon Area
Common Expenses shall not include any expenses incurred during the Class'B" Control Period
for initial development, original construction, installation of iafr-astructisre, original capital
improvements, or other original construction costs unless approved by Voting Members
representing a majority of the total Class "A" vote of the Association.
1.13 " ommuniW livid nda&: the standard of conduct, maintenance,or
other activity generally prevailing throughout Magnolia Greens. Such standard may be more
specifically determined by the Board of Directors and the Architectural Standards Review
Committee.
1.14 "DE .: Landmark Developers, Inc., a North Carolina
corporation, its successor; or assigns, if such successors and assigns should acquire more than
one undeveloped Unit from the DECLARANT for the purpose of development.
L IS the architectural design guidelines and procedures
set forth in Article 2 herein or adopted by the Architectural Review Committee pursuant to
ARTICLE 11 and applicable to all Units within the Properties.
1.16 "Golf Course": any parcel of land adjacent to the Properties which is
Privately owned by the DECLARA_1VT or Magnolia Greens, Inc., their successors, or assigns, and
which is operated by the DECLARANT or Magnolia Greens, Inc. or their successors or assigns,
as one or more golf courses, and all related and supporting facilities and improvements operated
in connection with such Golf Course.
1.17 "individLl A4se_csin -. assessments levied in accordance with Section
10.7 of these Protective Covenants.
1641PC

OKI191 P60995
l .18 "WAZUQhA-CM=": the Properties, as defined in Section 1.26.
1.19 "Master Ass .. rent": assessments levied on all Units subject to
assessment under ARTICLE 10 to fund Common Expenses for the general benefit of all Units, as
more particularly described in Sections 10.1 and 10.3.
1.20 1 ': a Person entitled to membership in the Association, as
— provided in Section 3.2.
1.21 " a mortgage, a deed of trust, a deed to secure debt, or any
other form of security deed.
1.22 'Mortgage ": a beneficiary or holder of a Mortgage.
1.23 "MQd&a&QI": any Person who gives a Mortgage.
1.24 "D me: the record Owner, whether one or more persons or entities, of a
fee simple title to any Unit which is a part of the Properties, including contract sellers, but
excluding those having such interest merely as security for the performance of an obligation.
1.25 "pin": a natural person, a corporation, a partnership or limited
partnership, a limited liability company or partnership, a trustee, association, or any other legal
entity.
1.26 "R=C1lXA E=erfies": the real property described in lEX Mrr A,
together with such additions thereto as may hereafter be brought within the jurisdiction of the
Association by the filing of a Supplemental Declaration.
1.27 "Protective Ca ants": shall mean this instrument as it may from time
to time be amended or supplemented.
1.28 "Rules end Ren.la+ima, the rules and regulations adopted
` governing land use, individual conduct and uses or actions upon the Properties.by the Board
1.29 "Short Term T zs": the lessee of any Owner whose lease term is less
than ninety (90) days.
1.30 "Special Assessment": assessments levied in accordance with Section
10.6 of these Protective Covenants.
1.31 ": an amendment or supplement to these
Protective Covenants filed pursuant to ARTICLE 9 which subject additional property to these
Protective Covenants and/or impose, expressly or by reference, changes to or additional
restrictions and obligations on the land described therein.
1.32 'U&': a portion of the Properties, whether improved or unimproved,
which may be independently owned and conveyed and which is intended for development, use,
and occupancy as an attached or detached residence for a single family. The term shall refer to
the land, if any, which is part of the Unit as well as any improvements thereon. The term shall
include, by way of illustration but not limitation, condominium units, townhouse units, cluster
homes, patio or zero lot line homes, single-family detached houses on separately platted lots, and
single family residential lots, as well as vacant common property of any Village Association, or
property dedicated to the public.
1.33 "Vi'laae^: two or more Units which share interests other than those
common to all Units, as more particularly described in Section 3.4. By way of illustrationome development patio home development,
and
not limitation, a condominium development, townh
cluster home development, or single-family detached housing development might each be
designated as separate Villages, or a Village may be comprised of more than one housing type
with other features in common.
1641PC

BM ! 191 PG0996
Where the context permits or requires, the term "Village" shall also refer to the
Village Committee, if any, established in accordance with the By -Laws, or the Village
Association established to act on behalf of the Owners of Units within the Village. Village
boundaries may be established and modified as provided in Section 3.4.
I.34 "Village Assessments": assessments levied against the Units in particular
Village or Villages to find Village Expenses, as described in Sections 10.1 and 10.4.
1.35 "Willa a Asso i fion", any condominium association or other owners
association having jurisdiction over any Village.
1.36 "Villa¢ F sips": the actual and estimated expenses incurred or
anticipated to be incurred by the Association for the benefit of the Owners and occupants of
Units within a particular Village or Villages, which may include a reasonable reserve for capital
repairs and replacements, as the Board may specifically authorize and as may be authorized
herein or in Supplemental Declarations applicable to the Villages.
Bvery Owner shall have a right and nonexclusive easement of use, access, and
enjoyment in and to the Common Area which shall be appurtenant to and pass with the title to
every Unit, subject to the following provisions:
(a) These Protective Covenants, the Articles, the By -Laws, the Rules
and Regulations and any other applicable covenants;
(b) . Any restrictions or limitations contained in any deed conveying
such property to the Association;
(c) The right of the Board to adopt rules regulating the use and
enjoyment of the Common Area and improvements thereon, including rules restricting use of the
recreational facilities within the Common Area to occupants of Units and their guests and rules
limiting the number of guests who may use the Common Area; and the right of the Board to
establish penalties for any infractions thereof; and
(d) The right of the Board to suspend the voting rights and the right to
use the Common Areas and the recreational facilities within the Common Area by an Owner (i)
for nay period during which any charge against such Owner's Unit remains unpaid, and (ii) for a
period not to exceed 60 days for a single violation, or for a longer period in the case of any
continuing violation, of these Protective Covenants, any applicable Supplemental Declaration,
the Articles, the By -Laws, or the Rules and Regulations, after notice and a hearing pursuant to
the By -Laws;
(e) The right of the Association, acting through the Board, to dedicate
or transfer all or any part of the Common Area pursuant to Section 4.7;
(f) The right of the Board to impose reasonable membership
requirements and charge reasonable membership admission or other fees for the use of any
recreational facility situated upon the Common Area;
(g) The right of the Board to permit use of any recreational facilities
situated on the Common Area by persons, including Short Term.lessees, other than Owners, their
families, lessees (other than Short Term leY.sees) and guests upon payment of use fees established
by the Board;
1641PC

BLSI !.0! PG0997
(h) The right of the Association, acting through the Board, to
mortgage, pledge, or hypothecate any or all of its real or personal property as security for money
borrowed or debts incurred, subject to the approval requirements set forth herein and the rights of
such Mortgagees in said properties shall be subordinate to the rights of the Unit Owners
hereunder; and
(i) Easements as provided in Article 13.
Any Owner may extend his or her right of use and enjoyment to the members of
his or her family, lessees, contract purchasers and social inviteds, subject to reasonable Board
regulation. An Owner who leases his or her Unit shall be deemed to have assigned all such
_ rights to the lessee of such Unit for the duration of the lease and any such lessee shall abide by all
the restrictions contained herein. Any such lease shall not release the owner of his liability for
damage to the Common Area caused by said lessee.
ARTICLE 3
3.1 Function of Association. The Association shall be the entity responsible
for management, maintenance, ownership, operation and control of the Common Area owned or
leased by the Association within the Properties. The Association shall be the primary entity
responsible for enforcement of these Protective Covenants and such reasonable mks regulating
use of the Common Areas owned or leased by the Association as the Board may adopt. The
Association shall also be responsible for administering and enforcing the architectural design
guidelines and controls set forth in these Protective Covenants and in the Design Guidelines.
The Association shall perform its functions in accordance with these Protective Covenants , the
— By -Laws, the Articles and applicable North Carolina law.
3.2 Membership. livery Owner shall be a Member of the Association. There
shall be only one membership per Unit. Na Unit is owned by more than one Person, all co -
Owners shall share the privileges of that membership. The membership rights of an Owner
which is a corporation, partnership or other legal entity may be exercised by any officer, director,
partner, or trustee, or by any other individual designated from time to time by the Owner in a
written instrument provided to the Secretary of the Association.
3.3 Votina. The Association shall have two classes of membership, Class "A"
and Class "B".
(a) Class " Class "A" Members shall be all Owners except the Class "B"
Member, if any. Class "A" Members shall have one vote for each Unit in which they hold the
interest required for membership under Section 3.2; there shall be only one. vote per Unit.
(b) Class "A". The sole Class "B" Member shall be the DECLARANT. The
rights of the Class "B" Member, including the right to approve or withhold approval of actions
proposed under these Protective Covenants and the By -Laws, are specified elsewhere in the
—' Protective Covenants and the By -Laws. The Class "B" Member may appoint the members of the
Board during the Class "B" Control Period, as specified herein. After termination of the Class
"B" Control Period, the Class "B" Member shall have a right to disapprove actions of the Board
and committees as provided in the By -Laws. Notwithstanding the termination of the Class "B"
Control Period, DECLARANT shall have the right to appoint one member of the Board so long
as it owns any real property within Magnolia Greens.
Class "B" Member shall be entitled to three (3) votes for each planned Unit. The
total number of planned Units is 2638. The Class "B" membership shall cease and be converted
to Class "A" member —hip on the happening of Either of the following cvrrus, whichever occurs
earlier.
1641PC

BK 1 191 PGO998
(i) when the DECLARANT owns twenty-five percent (25°%) or less of
the total number of the 2368 planned Units in Magnolia Greens, including any property which
may be annexed thereto, as herein provided, or
(ii) on January 1, 2018.
(C) Exercise of Voting Rights,
In any situation in which a Member is entitled personally to exercise the vote for
his Unit and there is more than one Owner of a particular Unit, the vote for such Unit shall be
exercised as such Co -Owners determine among themselves and advise the Secretary of the
Association in writing prior to any meeting. Absent such advice, the Unites vote shall be
suspended if more than one Person seeks to exercise it.
3.4 Villages and Village Ae_ aLi ms
The Units within a particular Village will be subject to additional covenants and
such Unit Owners mayall be members of a Village Association in addition to being Members of
the Association.
If a Village Association is to be formed, the Supplemental Declaration filed to
SAW additional property to these protective Covenants, shall initially assign the property
described therein to a specific Village by time, In order to insure that all Villages in Magnolia
Greens will be consistent with the general or common scheme of development the
DECLARANT may unilaterally amend these protective Covenants or any Supplemental
Declaration to redesignate Village boundaries, provided, two or more Villages shall not be
combined without the consent of Owners of a majority of the Units in the affected. Villages.
The Declaration of Protective Covenants, Articles of Incorporation and By -Laws
of all Villages shall be approved by the Association and must not be adverse to the interests of
the Association or its Members or inconsistent with the Community -wide Standard The
Association shall have the power to require changes to the Village documents.
Any Person or Builder developing any parcels of land into a Village within the
Properties shall file a Supplemental Declaration providing for the creation, if necessary, of a
Village Association for the purpose of maintaining any Common Areas, private roads, sheet
lightings, stomwater and drainage systems amd po mmon facilities located within the Village.
: c�.r :.n • : : r s � • rci .. • : r • .
4.1 Common .Arm The Association, subject to the rights of the Owners set
forth in these Protective Covenants, shall manage and control the Common Area and all
improvements thereon (including, without limitation, roads, road rights of way, faruishings,
equipment, and common landscaped areas), and shall keep it in good, clean, attractive, and
sanitary condition, order and repair, consistent with these Protective Covenants and the
Communitywide Standard.
4.2Usa The Association
may acquire, hold, and dispose of tangible and intangible personal property and real property.
DECLARANT may Convey to the Association improved or unimproved real estate located
within the properties described in EXHIBITS A or B, personal property and leasehold and other
Property interests. Such property shall be accepted by the Association and thereafter shall be
maintained as Common Area by the Association at its expense for the benefit of its Members,
subject to any restrictions set forth herein and in the deed.
4.3 $yam. The Association, through its Board, may make, revoke, amend and
enforce reasonable rules governing the use of the Properties, in addition to further defining or
limiting, and, where specifically authorized hereunder, creating exceptions to, those covenants
and restrictions set forth in these Protective Covenants. Such rules shall be binding upon all
Owners, occupants, invitees, lessees, guests and licensees.
1641PC

OKI19 I DG 0 9 9 9
4.4 fit. The Association may impose sanctions for violations of
these Protective Covenants, the By -Laws, or Rules and Regulations, including reasonable
monetary fines and suspension of the right to vote and to use any recreational facilities within the
Common Area. In addition, the Association may exercise self-help to cure violations, and may
suspend any services it provides to the Unit of any Owner who is more than 30 days delinquent
in paying any assessment or other charge due to the Association. The Board may seek relief in
any court for violations or to abate nuisances. The Board may assess the reasonable monetary
fines authorized by this Section as a Individual Assessment authorized by Section 10.7 of these
Protective Covenants.
4.5 flied Rights; Bo rd Authority The Association may exercise any other
right or privilege given to it expressly by these Protective Covenants or the By -Laws, or Chapter
55A of the North Carolina General Statutes; or reasonably implied from or reasonably necessary
to effectuate any such right or privilege. Except as otherwise specifically provided in these
Protective Covenants, the By -Laws, Articles, all rights and powers of the Association may be
exercised by the Board without a vote of the membership.
4.6 MumnificaWm. To the maximum extent allowed by North Carolina law,
the Association shall indemnify every officer, director, and committee member against all
expenses, including counsel fees, reasonably incurred in connection with any action, suit, or
other proceeding (including settlement of any suit 4r proceeding, if approved by the then Board)
to which he or she may be party by reason of being or having been an officer, director or
committee member.
The Association shall, as a Common Expense, maintain adequate general liability
and officers' and directors' liability insurance to fund this obligation, if such insurance is
reasonably available.
4.7 Dedication of Common Areas The Association may dedicate portions of
the Common Areas to any local, state, or federal governmental entity, public agency, authority,
or utility for such purposes and subject to such conditions as may be agreed to by the
Association.
4.8 may. The Association may, but shall not be obligated to, maintain or
support certain activities within the Properties designed to make the Properties safer thaw they
otherwise might be. NEITHER THE ASSOCIATION, THE DECLARANT, NOR ANY
SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR
GUARANTORS OF SECURITY WITHIN THE PROPERTIES. NOR SHALL ANY OF
THEM BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO
PROVIDE ADEQUATE SECURITY OR OF INEFFECTIVENESS OF SECURITY
MEASURES UNDERTAKEN. EACH PERSON USING THE PROPERTIES ASSUMES ALL
RISKS FOR LOSS OR DAMAGE TO PERSONS, TO UNITS AND TO THE CONTENTS OF
UNITS RESULTING FROM ACTS OF THIRD PARTIES.
4.9 Powers of the AssaciatkM Relating to Villam. The Association shall
have the power to veto any action taken or contemplated to be taken by any Village Association
which the Board reasonably determines to be adverse to the interests of the Association or its
Members or inconsistent with the Community -wide Standard. The Association also shall have
the power to require specific action to be taken by any Village Association in connection with
any of its obligations and responsibilities. Without limiting the generality of the foregoing, the
Association may (a) require specific maintenance or repairs or aesthetic changes to be effectuated
by the Village Association, and (b) require that a proposed budget include certain items and that
specific expenditures be made.
Any action required by the Association in a written notice pursuant to the
foregoing paragraph to be taken by a Village Association shall be taken within the reasonable
time frame set by the Association in such written notice. If the Village Association fails to
Comply with the requirements set forth in such written notice, the Association shall have the
right to effect such action on behalf of the Village Association.
1641PC

BK 1 191 PG 1000
To cover the Association's administrative expenses in connection with the
foregoing and to discourage failure to comply with the requirements of the Association, the
Association shall assess the Units in such village for their pro rats share of any expenses incurred
by the Association in taking such action in the manner provided in Section 10.7. Such
assessments may be collected as an Individual Assessment hereunder and shall be subject to all
lien rights provided for herein.
4.10 Man aaemen_ ntand_A mi ist WM. The management and administration of
the Association Common Areas and Amenities shall be the sole right and responsibility of the
Association. The management shall be carried out in accordance with the, and conditions
of these Protective Covenants, the Articles, By -Laws and Rules and Regulations, but they may
be delegated to Managers) or a management service.
4.11 Assignment to AgggiWiM All water, sewer, land use, stormwater system
and utility permits, agreements and easements between DECLARANT and any governmental
agency or department or public or private utility company shall be assumed by the Association
upon the recordation of a map showing any real property located within the Properties. The
Association shall thereafter be responsible for and assume all duties, obligations, and rights and
privileges of the DECLARANT under such permits, agreements and easements, including all
maintenance responsibility, even if part of the water, sewer, land use, stormwater system or
utility areas covered by the permits, agreements and easements are not located within the
Properties. The DECLARANT shall assign all such permits to the Association to the extent
allowed by law.
4.12 .Ct1>I =Am The Common Area cannot be mortgdged or conveyed
without the consent of two-thirds (2/3) of the Unit Owners.
5.1 Associa gl s Inonsibility_ The Association shall maintain and keep in
good repair the Common Area, which shall include, but need not be limited to. .
(a) all W dscaping and other flora, parks, signage for Magnolia
Greens, structures, and improvements, including any private streets and rights of way and islands
within their streels and cul-do-aaea, amenities and bicycle and pedestrian pathways and trails, .
situated upon the Common Area; excepting any real or personal property for which a Village
Association or some other entity has expressly assumed responsibility;
(b) at its sole discretion, the Association may accomplish the repairs or
maintenance for Common Area or Limited Common Area within any Village, either by
agreement with the Village or because, in the opinion of the Board, the level and quality of
service then being provided is not consistent with the Community -Wide Standard. All costs of
maintenance pursuant to this paragraph shall be assessed as an Individual Assessment only
against the Units within the Village to which the services are provided. The provision of services
in accordance with this Section shall not constitute discrimination within a class. The
Association also has the authority to take appropriate legal action to require the responsible
Village to comply with the provisions of these Protective Covenants, the Articles, By -Laws and
Rules and Regulations adopted hereunder.
(c) the Association may maintain other property which it does not
own, including, without limitation, publicly owned property, property subject to individual
Assessments under Section 10.6(a)(1) and (2), cogservation easements held by nonprofit entities,
and other property dedicated to public use, if the Board determines IAtt such maintenance s
necessary or desirable to maintain the Commueity-Wide Standard-

OKl 191 Pc1001
5.2 Owner's Resoo sibility. Each Owner shall maintain his or ber Unit and all
structures, landscaping, parking areas, and other improvements comprising the Unit in a manner
consistent with the Community -Wide Standard and all applicable covenants, unless such
maintenance responsibility is otherwise assumed by or assigned to the Association or a Village
pursuant to the Supplemental Declaration or other Declaration of Protective Covenants
applicable to such Unit. In addition to any other enforcement rights, if an Owner fails properly
to perform his or her maintenance responsibility, the Association may, but is not required to,
perform such maintenance responsibility and assess all costs incurred by the Association against
the Unit and the Owner in accordance with Section 10.7. The Association shall afford the Owner
reasonable notice and an opportunity to cure the problem prior to entry, except when entry is
required due to an emergency situation.
5.3 Maintenance of Units. If, in the opinion of the Association, any Owner
shall fail to maintain any Unit owned by him in a manner which is reasonably neat and orderly
and as is required by Article 12 herein or shall fail to keep improvements constructed thereon in
a state of repair so as not to be unsightly, all in the sole opinion of the Association, the
— Association in its discretion, by the affirmative vote of a majority of the members of the Board of
Directors, and followingten (10) days written notice to Owner, may enter upon and make or
cause to be wade repairs to such improvements and perform such maintenance on the Unit as the
removal of trash, cutting of grass, pruning of shrubbery, weeding and items of erosion control.
The Association shall have an easement for the purpose of accomplishing the foregoing. The
reasonable cost incurred by the Association in rendering all such services, plus a service charge
Of fifiern percent (15%) of such cost, shall be added to and become an Individual Assessment to
which such Unit is subject as provided in Article 10 herein.
The Owner of each Unit shall keep the Unit mowed regularly, including that area
from the Unit line to the edge of the paved street and clear of any unsightly objects, and in the
event that the Owner of any Unit within Magnolia Greens breaches this restriction, the
Association reserves the right to enter upon the Unit and mow the grass, clean up the Unit and
remove unsightly structures and objects at property Owner's expense as provided above. Where
Units border on or contain ponds, retemionl&tention ponds, ditches, drainage canals or swales,
the Owner of each Unit shall keep that area, including the slopes, down to the edge of the water,
or to the edge of the street pavement mowed and maintained regularly. Washouts or erosions on
the Units adjoining ditch franks and swales to the pavement shall be promptly maintained and
repaired in the same condition as when the property was conveyed to Owner by DECLARANT
or, in the case of a Village, by the Builder or Developer of the Village, and properly tended to by
the respective Unit Owner. This obligation and right may be enforced by the Association or any
Owner as provided in Article 18 herein and the Association may perfomn such work as may be
required as set forth in this Section.
Undeveloped Units which have been sold by the DECLARANT will be
maintained within the street right of way by the Association. The Owner(s) of undeveloped
Unit(s) are responsible to maintain the appearance of any portion of the Unit not maintained by
the Association in accordance with this Section
5.4 Village's Responsibility
(a) Upon Board resolution, the Owners of Units within each Village
shall be responsible for paying, through Individual Village Assessments, the costs of operating,
maintaimig and insuring certain portions of the Common Area within or adjacent to such
Village. This may include, without limitation, the costs of maintaining any signage, entry
features, right-of-way and open space between the. Village and adjacent public roads and private
streets within the Village, regardless of ownership and regardless of the fact that such
maintenance may be performed by the Association; provided, however, all Villages which are
similarly situated shall be treated the same.
(b) Any Village Association having any responsibility for exterior
maintenance of property and landscaping within such Village shall perform such maintenance
responsibility in a manner consistent with the Community -Wide Standard. If it fails to do so, the
Association may, but is not required to, perform such responsibilities and assess the costs against
all Units within such Village as provided in Section 10.7.
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BK ! 191 PG 1002
5.5 Stan rd of Performance.
Maintenance, as used in this Article, shall include, without limitation, repair and
replacement as needed, as well as other duties, as the Board may determine necessary or
appropriate to satisfy the Community -Wide Standard All maudenance shall be performed in a
manner consistent with the Community -Wide Standard and all applicable covenants.
6.1 Agsocistion Insin=. The Association shall maintain adequate and
appropriate insurance coverage on all Common Areas, as provided in the By -Laws of the
Association.
7.1 Subdivision, No Unit or Units shall be subdivided except to enlarge an
adjoining Unit, but any Unit so enlarged cannot be improved with more than one single family
dwelling. An Owner of a Unit and a portion or all of an adjoining or contiguous Unit or Units
may construct a dwelling or other structure penmtted hereunder upon and across the dividing lime
of such adjoining and contiguous Unit(s). The number of Units shall remain the same and shall
be treated for all purposes under these Protective Covenants as two (2) or more units.
7.2 &=rod n. Except as provided in Article 15, annexation of additional
property shall require the assent of two-thirds (2/3) of the Class A Members at a meeting duly
called for this purpose, written notice of which shall be sent to all Members not less than ten (10)
days nor more than sixty (60) days in advance of the meeting.
.• ►is :huh : Y • �I
8.1 If any part of the Common Area shall be taker (or conveyed iu lieu of
condemnation by the Board acting on a vote of at least 67% of the total Class "A" votea in the
Association and of the approval of the DECLARANT, as long as the DECLARANT owns any
property described in EDITS A and B by any authority having the power of condemnation
or eminent domain.
8.2 If the taking involves a portion of the Common Area on which
improvements have been constructed, the Association shall restore or replace such improvements
on the remaining land included in the Common Area to the extent available, unless within 60
days after such taking upon a vote at least 67°% of the total Class "A" Mernbm of the
Association and the DECLARANT, so long as the DECLARANT owns any property described
in EXHIBITS A or B of these Protective Covenants, shall otherwise agree. Any such
construction shall be in accordance with plans approved by the Board. The provisions of the By -
Laws regarding funds for the repair of damage or desttuction shall apply.
FA z1 .: r •.:.t• WaIV.t• •);A W : • -'r
. (a) Until January 1, 2018, DECLARANT may unilaterally subject to
the provisions of these Protective Covenants all or portions of the real property described in
EX7tHMff B or any real property contiguous with or within two (2) miles ftomthe real property
described in EXHIBIT B (herein called "Future Development Property'). DECLARANT may
transfer or assign this right to annex property, provided that the transferee or assignee is the
developer of at least a portion of the real properly described in EXHIBITS A or B. Nothing in
these Protective Covenants shall be construed to require the DECLARANT or any successor to
annex or develop any of the property set forth in FXEM31T B or the Future Development
Property in any manner whatsoever.
1641PC 10

BX 1 191 PG 1003
(b) Such annexation shall be accomplished by filing a Supplemental
Declaration in the land records of Brunswick County, North Carolina, describing the property to
be mnexed and specifically subjecting it to the terms of these Protective Covenants. Such
— Supplemental Declaration shall not require the consent of Class A Members, but shall require the
consent of the owner of such property, if other than DECLARANT. Any such annexation shall
be effective upon the filing for record of such Supplemental Declaration unless otherwise
provided therein. Any Supplemental Declaration filed by a person other than the DECLARANT
— shall -be approved by the Association as set forth in Section 3.4 herein.
(c) The development of the property described in EXHIBIT B or the
Future Development property shall be in accordance with the same general scheme of
development of Magnolia Greens.
9.2 Withdrawal of Property. The DECLARANT reserves the right to amend
these Protective Covenants so long as it has a right to annex additional property pursuant to this
Article, without prior notice and without the consent of any Person, for the purpose of removing
property then owned by the DECLARANT, its affiliates, or the Association from the coverage of
these Protective Covenants, to the extent originally included in error or as a result of any changes
in the DECLARANTS plans for the Properties, provided such withdrawal is not unequivocally
contrary to the overall, uniform scheme of development for the Properties.
9.3 Additional C&yen= : x Easements. The DECLARANT may
unilaterally subject the property submitted to these Protective Covenants initially or by
Supplemental Declaration to additional covenants and easements, provided that such amendment
or modification does not alter the general or common scheme of development for the Properties
described herein and further provided that this right to amend shall not render these covenants
and restrictions purely personal to the DECLARANT and the benefits and burdens contained is
these Protective Covenants shall remain mutual and reciprocal to all Owners.
9.4 AIDmimo1. This Article shall not be amended without the prior written
consent of DECLARANT so long as the DECLARANT owns any property described in
EXIHBTTS A or B or any Future Development Property.
ARTICLE 10
ASSESSMENTS
10.1 Creation of Assessments.
(a) The Association is hereby authorized to levy assessments against
each Unit for Association expenses as the Board may specifically authorize from time to time.
There shall be four types of assessments for Association expenses: (1) Master Association
Assessments to fund Common Expenses for the general benefit of all Units within the Properties;
(2) Village Assessments for Village Expenses benefiting only Units within a particular Village or
Villages; (3) Special Assessments as described in Section 10.6; and (4) Individual Assessments
as described in Section 10.6. Each Owner, by accepting a deed or entering into a recorded
contract of sale for any portion of the Properties is deemed to covenant and agree to pay these
assessments.
— (b) All assessments, together with interest from the due date of such
assessment at a rate determined by the Board (not to exceed the highest rate allowed by North
Carolina law), late charges, costs, and reasonable attorney's fee, shall be a charge and continuing
lien upon each Unit against which the assessment is made until paid, as more particularly
provided in Section 10.10. Each such assessment, together with interest, late charges, costs, and
reasonable attoiney's fees, also shall be the personal obligation of the Person who was the Owner
of'such Unit at the time the assessment arose. upon a transfer of title to a Unit, the grantee shall
be jointly and severally liable for any assessments and other charges due at the time of
conveyance. However, no first Mortgagee who obtains title to a Unit by exercising the remedies
provided in its Mortgage or any individual obtaining title by or through a foreclosure shall be
personally liable for unpaid assessments which accrued prior to such acquisition of title. In the
event of any transfer of title to a Unit, the lien of the assessments shall not be extinguished.
1641PC 11

BK1 191 PG1004
(c) The Association shall, upon request, furnish to any Owner liable
for any type of assessment a certificate in writing signed by an officer of the Association setting
forth whether such assessment has been paid. Such certificate shall be conclusive evidence of
payment. The Association may require the advance payment of a reasonable processing fee for
the issuance of such certificate.
(d) No Owner may exempt himself from liability for assessments, by
non-use of Common Area, abandonment of his Unit, or any other means. No diminution or
abatement of assessments or set-off shall be claimed or allowed for any alleged failure of the
Association or Board to take some action or perform some function required of it, or for
inconvenience or discomfort arising from the malting of repairs or improvements, or from any
other action it takes.
(e) The Association is specifically authorized, but not obligated, to
enter into subsidy contracts or contracts for "in kind" contribution of services, materials or a
combination of services and materials with the DECLARANT or other entities for payment of
Common Expenses.
10.2 DELL ARANT'S Oblization for Assessments. During the Class "B"
Control Period, DECLARANT may annually elect either to pay regular assessments on its
unsold Units, or to pay the difference between the amount of assessments collected on all other
Units subject to assessment and the amount of actual expenditures by the Association during the
fiscal year or pay one-half of the assessments for an unimproved Unit for all Units which. are
platted of record in the Office of Register of Deeds ofBrunswick County. Unless the
DECLARANT otherwise notifies the Board in writing at least 60.days before the beginning of
each fiscal year, the DECLARANT shall be deemed to have elected to continue paying on the
same basis as during the immediately preceding fiscal year. Regardless of such election, the
Association shall have a lien against all Units owned by the DECLARANT to secure the
DECLARANT' S obligations under this paragraph, as set out in the Article. The
DECLARANTP' S obligations hereunder may be satisfied in the form of cash or by "in kind"
contributions of services or materials, or by a combination of these.
10.3 CmuMdalion of Masta Association Asumment
(a) At least 30 days before the beginning of each fiscal year, the Board
sham prepare a budget covering he estimated Common Expenses during the coming year,
including a capital contribution to establish a reserve fund in accordance with a budget prepared
as provided in Section 10.4.
(b) The Master Association Assessment shall be levied at a uniform
rate against all Units, except as set forth in 10.2 and 10.3 (c) herein, and shall be set at a level
which is reasonably expected to produce total income for the Association equal to the total
budgeted Common Expenses, including reserves. In determining the level of assessments, the
Board, in its discretion, may consider other sources of fiords available to the Association. In
addition, the Board shall take into account the number of Units subject to assessment on the first
day of the fiscal year for which the budget is prepared and the number of Units reasonably
anticipated to become subject to assesa ment during the fiscal year.
(c) The Board may, in its discretion, beginning five (5) years from the
date of these Protective Covenants, levy a Master Association Assessment on unimproved Units
which is not less than fifty percent (506A) of the amount of the Master Association Assessment
on improved Units. Improved Units are Units on which a residence has been constructed and a
certificate of occupancy issued. Unimproved Units are units on which a residence has not yet
beam constructed or a certificate of occupancy bas not yet been issued.
1641PC 12

M 1 191 °G 1005
(d) So long as the DECLARANT has the right to unilaterally annex
additional property pursuant to ARTICLE 9, the DECLARANT may, but shall not be obligated
to, reduce the Master Association Assessment for any fiscal year by payment of a subsidy (in
addition to any amounts paid by DECLARANT under Section 10.2 above), which may be either
a contribution, an advance against future assessments due from the DECLARANT, or a loan, in
the DECLARANT'S discretion. Any such subsidy and the nature thereof shall be conspicuously
disclosed as a line item in the Common Expense budget and shall be made ]mown to the
membership. The payment of such subsidy in any year shall under no circumstances obligate the
DECLARANT to continue payment of such subsidy in future years, unless otherwise provided in
a written agreement between the Association and the DECLARANT.
10.4 C,&W l Reserve BW get The Board shall amorally prepare a capital
reserve budget for maintenance and replacement of capital improvements which shall take into
account the number and nature of replaceable assets, the expected life of each asset, and the
expected repair or replacement cost.
10.5 Special As manok. In addition to other authorized assessmens, the
Association may levy Special Assessments from time to time to cover capital improvements or
unbudgeted expenses or expenses in excess of those budgeted. The Board may establish the
amount of the Special Assessment if it is ONE HUNDRED DOLLARS (3100.00) or less in any
assessment year for each member. All other Special Assessments shall require the affirmative
vote of sixty-six percent (66%) of Members present and voting in person or by proxy which will
be subject to such Special Assessment, and the affirmative vote or written consent of the Class
"B" Member, if such exists. Special Assessments shall be payable in such manna and at such
times as determined by the Board, and may be payable in installmcnts extending beyond the
fiscal year in which the Special Assessment is approved.
10.6 individual Assessments.
(a) The Board shall have the power to levy Individual Assessments
against a particular Unit or Units constituting less than all Units within the Properties or within a
Village, as follows:
(1) to cover the costs, including overhead and administrative
costs, of providing benefits, items, or services to the Unit or occupants thereof upon
request of the Owner pursuant to a menu of special services which the Board may 8rom
time to time authorize to be offered to Owners (which might include, without limitation,
landscape maintenance, handyman service, pool cleaning, pest control, etc.), which
— assessments may be levied in advance of the proviidon of the requested benefit, item or
service as a deposit against charges to be incurred by the Owner, and
(2) to cover costa including overhead and administrative costs
and reserves incurred for maintenance, repair and replacement of any private roads, signs, fences
and berms which are constructed for the benefit of certain specified lots, as shall be more
specifically set forth in a Supplemental Declaration.
(3) to cover costs incurred in bringing the Unit into compliance
with the terms of these Protective Covenants, including, without limitation, Section 5.3,
any applicable Supplemental Declaration, the Articles, the By -Laws, Rules and
Regulations, or Design Guidelines or costs incurred as a consequence of the conduct of
the Owner or occupant of the Unit, their lessees, licensees, invitees, or guest; provided,
the Board shall give the Unit Owner prior written notice and an opportunity for a hearing
before levying an Individual Assessment under this subsection (a).
(b) The Association may also levy an Individual Assessment against
any Village to reimburse the Association for costs incurred in bringing the Village into
compliance with the provisions of these Protective Covenants, any applicable Supplemental
Declaration, the Articles, the By -Laws, and Rules and Regulations, provided the Board gives the
Board of Directors from such Village prior written notice and an opportunity to be heard before
levying any such assessment.
1641PC 13

81{ 1 191 PC 1006
10.7 Woddge Capital Amessinent At the time title to a Unit is conveyed to an
Owner, each Owner shall contribute to the Association as working capital an amount equal to
one year's general assessment Such funds shall be used for initial Operating and Capital
expenses of the Association, such as prepaid insurance, supplies, fiunishings and equipment, etc.
Amounts paid into the working capital fluid are not to be considered advance payment of regular
assessments. All working capital funds shall become part of the general operating finds of the
Association.
10.9 Date of Commencement of Master Association ssessmen s and DAM
D=. The Master Association assessments provided for herein shall commence on the date of
conveyance of each Unit to an Owner other than DECLARANT. The fast Master Association
Assessment shall be adjusted according to the number of months remaining in the calendar year.
The Board of Directors shall fix the amount of the Master Association Assessment against each
Unit at least thirty (30) days in advance of each Master Association Assessment period. Written
notice of each Master Association Assessment shall be sent to every Owner subject the vto. The
due dates shall be established by the Board of Directors. The Board of Directors shall require the
Master Association Assessments to be paid at least annually, but may require the Master
Association Assessments to be paid more often. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth
whether the assessments on a specified Unit have been paid.
10.9
(a) All assessments authorized in this Article shall constitute a lien
against the Unit against which they am levied until paid. The lien shall also secure payment of
interest, late charges (subject to the limitations of North Carolina laws and costs of collection
(including reasonable attorneys fees). Such lien shall be superior to all other liens, except the
liens of all ad valorem taxes or assessments, and any other liens which by law would be superior.
(b) The Association may record notice of the claim of lien in the
Office of the Clerk of Superior Court of Brunswick County or file a suit to collect such
delinquent assessments and charges. The Association may file Notice of Lis Psis, bring an
action of law against the Owner personally obligated to pay the same and/or bring an action to
foreclose the lien against the property, or utilize any other remedy provided under North Carolina
law. No Owner may waive or otherwise escape liability for.the assessments provided for herein.
10.10 Effect of Normavment of Asscasmenj; Remedies of the ciaMw: Any
assessments or portion thereof which are not paid when due shall be delinquent. If the
assessment or any portion thereof is not paid within thirty (30) days after the due date, the same
shall bear interest from the date of delinquency at a rate not to exceed the maximum legal rate
allowed in the State of North Carolina per annum and in addition, a late fm shall be assessed in
such amount as may be determined by the Board of Directors. The Association may bring an
action against the Owner personally obligated to paythe same, or foreclose the lien against the
properly in the same manner as provided in North Carolina for the foreclosure of deeds of trust,
or both. and, in either event, innterest, costs and reasonable attomey"s fees of any such action shall
be added to the amount of such assessment. The Association may bid for the Unit at the
foreclosure sale and acquire, hold, lease, mortgage, and convey the Unit. The sale or transfer of
any Unit shall not affect the assessment lien or relieve such Unit from the lien for any subsequent
aseessments.
10.11 Failure to Assess. Failure of the Board to fix assessment amounts or rates
or to deliver or mail each Owner an assessment notice shall not be deemed a waiver,
modification, or a release or any Owner from the obligation to pay assessments. In such event;
each Owner shall continue to pay Master Association Assessments on the same basis as for the
last year for which an assessment was made, if any, until a new ammuzwnt is made, at which
time the Association may retroactively assess any shortfalls in collections.
10.12 .Exenurt property. The following property shall be exempt from payment
of Master Association Assessments, and Special Assessments:
(a) all Common Area or Limited Common Area;
1641PC 14

$KI 191 PG1007
(b) any property dedicated to and accepted by any governmental
authority or public utility;
(c) any property held by a conservation, trust or similar noupwfit entity
as a conservation easement, except to the extent that any such easement lies within the
boundaries of a Unit which is subject to assessment under Section 10.9 (in which case the Unit
shall not be exempted from assessment); and
(d) any Unit which is not approved by any governmental agency for
residential use.
(e) any Unit or property owned of record by the DECLARANT, its
successors or assigns, in accordance with Section 10.2.
ARTICLE 11
D .Si N J111DELINES
-,T yr
(a) No structures, buildings, improvements or construction, which
shall include within its definition, clearing, grading, excavation and other sitework, shall be
commenced, erected, or maintained upon any Unit or the Properties, nor shall any exterior
addition to or change or alteration therein be made, including change of color, except in
— compliance with this Article, the Design Guidelines and until the plans and specifications
showing the nature, kind, shape, heights, materials, and location of the same shall have been
submitted to and approved in writing as to harmony of external design and location in relation to
surrounding structures; and topography by the Committee according to the provisions of Section
11.2. Structures, buildings and improvements shall include, but not be limited to any dwelling,
garage, fence, wall, sidewalk, hedge, mass planting, change in grade or slope, drainage pipe,
drainage canal, ditch, swale, catch basin, swimming pool, treehouse, playhouse, sign, flag pole,
exterior illumination, monument or marker, outdoor statuary, exterior lights, security lights,
storm door, well utility facility, mailbox, patio, deck, screening for outdoor trash cans or other
purposes, sprinkler system, driveway, outdoor detonative objects, shrubbery or landscaping.
— (b) Any Owner may remodel, paint or redecorate the interior of
structures on his Unit without approval. No approval shall be required to repaint the exterior of a
structure in accordance with the originally approved color scheme or to rebuild in accordance
with originally approved plans and specifications.
(c) This Article shall not apply to the activities of the DECLARANT,
nor to improvements to the Common Area by or on behalf of the Association.
(d) This Article may not be amended without the DECLARANT'S
written consent so long as the DECLARANT owns any land subject to these protective
Covenants or subject to annexation to these Protective Covenants.
11.2 Architectural Review.
(a) Responsibility for administration of the Design Guidelines, as
defined below, and review of all applications for construction and modifications under this
Article shall be handled by the Committee as described in subsections (a) and (b). The member;
of the Committee need not be Members of the Association and may, but need not, include
architects, engineers or similar professionals, whose compensation, if any, shall be established
from time to time by the Board. The Board may establish and charge reasonable fees for review
of applications hereunder and may require such fees to be paid in full or prior to review.
1641PC 15

8K 1 191 PG 1 008
(b) AMbitgtud Standards Review Committee (herein " o mittee"1.
The Committee shall consist of at least three, but not more than five, persons and shall have
exclusive jurisdiction over all construction on any portion of the Properties. Until I009/" of the
Properties have been developed and conveyed to Owners other than Builders, the DECLARANT
retains the right to appoint all members of the Committee who shall serve at the
DECLARANT'S discretion. Upon the expiration of such right, the Board shall appoint the
members of the Committee, who shall serve and may be removed in the Board's discretion.
11.3 Cluidelines and wed ec.
(a) The DECLARANT shall prepare the initial Design Guidelines and
application and review procedures (the "Design Guidelines") which shall apply to all
construction activities within the Properties. The Design Guidelines may contain general
provisions applicable to all of the Properties, as well as specific provisions which vary from one
portion of the Properties to another depending upon the location, unique characteristics, and
intended use.
(b) The Committee shall adopt such Design Guidelines at its initial
organizational meeting and thereafter shall have sole and full authority to amend them subject to
the approval of the Board of Directors. Any amendments to the Design Guidelines shall apply to
construction and modifications commenced after the date of such amendment only and shall not
apply to require modifications to or removal of structures previously approved once the approved
construction or modification has commenced.
(c) The Committee shall make the Design Guidelines available to
Owns and Builders who seek to sngage is development or construction within the Properties
and all such Persons shall conduct their activities in accordance with such Design Guidelines.
11.4 Submission of plans and Sneeific IM.
(a) No construction or improvements, as defined in Section 11.1(a),
shall be commenced, erected, placed or maintained on any Unit, nor shall any exterior addition,
change or alteration be made thereto, until the plans and specifications ("Plans") showing site
layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping,
drainage, lighting, irrigation, utility facilities layout and screening shall have been submitted to
and approved in writing by the Committee. The Design Guidelines shall set forth the procedure
for submission of the Plans. A reasonable fee for the review of saidplans shall be required mad
submitted, along with said Plans and any other supporting documents required by Committee'and
the board may require a deposit to be posted prior to the commencement of any construction or
work, which sum shall be used to collect any fees, fines or penalties incurred during construction
or work. Any sums remaining at the completion of construction shall be returned to Owners or
Builder.
(b) In reviewing each submission, the Committee may consider visual
aesthetics, natural platforms and finish grade elevations, harmony of external design with
surrounding structures and environment, and location in the relation to surrounding structures
and plant life. The Committee may require relocation of native plants within the.conshuction
site as a condition of approval of any submission. Location of any driveways shall be subject to
the approval of the Committee.
(c) The Association shall have the right to refuse to approve any plans
and specifications or grading plans which are not suitable or desirable, in its sole discretion, for
aesthetic or any other reasons, provided such approval is not unreasonably withheld. In so
approving such plans, specifications and grading plans, the Association sball consider the
suitability of the proposed building, improvements, structure, or landscaping and the materials of
which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof
with the surroundings, and the effect thereof on the adjacent or neighboring property.
1641PC 16

BK l 191 PG 10 0 9
(d) No bulldozing or clearing of trees or excavation of lakes or ponds
shall be commenced until the plans, specifications and grading plans showing the nature, kind,
shape and location of work to be done shall have been submitted to and approved in writing by
the Association and a copy thereof, as finally approved, filed permanently with the Association.
(e) The Committee shall, within 30 days after receipt of each
submission of the Plans, advise the party submitting the same in writing, at an address specified
by such party at the time of submission, of (i) the approval of Plans, or (H) the segments or
features of the Plans which are deemed by such committee to be inconsistent or not in conformity
with these Protective Covenants and/or the Design Guidelines, the reasons for such finding, and
suggestions for the curing of such objections. In the event the Committee fails to advise the
submitting party by written notice within the time set forth above of either the approval or
disapproval of the Plans, approval shall be deemed to have been given. Notice shall be deemed
to have been given at the time the envelope containing such notice, properly addressed, and
postage prepaid, is deposited with the U.S. Postal Service, registered or certified mail, return
receipt requested. Personal delivery of such written notice shall, however, be sufficient and shall
be deemed to have given at the time of delivery.
(f) If construction does not commence on a project for which Plans
have been approved within 12 months of such approval, such approval shall be deemed
withdrawn, and it shall be necessary for the Owner to resubmit the Plans for reconsideration.
11.5 Golf Course Ann myd. Neither the Association, the Committee, nor any
Village Association or Committee or board shall approve or permit any construction, addition,
alteration, change, or installation on or to any portion of any property which is adjacent to, or
otherwise visible from the Golf Course property for the depth of one building lot, without giving
the Owner of the Golf Course at least fifteen (15) days prior notice of its intent to approve or
permit same, together with copies of the request therefor and all other documents and
information submitted in such regard The Golf Course shall then have fifteen (15) days in
which to give its approval or disapproval, which decision shall be final. The failure of the Golf
— Course to respond to the aforesaid notice within the fifteen (15) day period shall constitute a
waiver of the Golf Course's right to object to the matter so submitted. This Section shall also
apply to any such work to be done on the Common Areas hereunder or any Common Amax of
any Village Association. The Owner of the Golf Course, its agents and employees shall have the
right to enter upon Owner's property and remove any object if prior approval has not been
acquired. Owner shall be responsible to pay for any legal costs incurred in this process.
11.6 No Waiver of Future Ate. Each Owner acknowledges that the
members of the Committee will change from time to time and that interpretation, application and
enforcement of the Design Guidelines may vary accordingly. Approval of proposals, plans and
specifications, or drawings for any work done or proposed, or in connection with any other
matter requiring approval, shall not be deemed to constitute a waiver of the right to withhold
approval as to any similar proposals, plans and specifications, drawings, or other matters
subsequently or additionally submitted for approval.
11.E Variance. Tlye Committee may anthorize in its discretion reasonable
variances or adjustments from compliance with any of its guidelines and procedures in order to
alleviate practical difficulties and hardship in their enforcement and operation. Such variances
may only be granted, however, when unique circumstances dictate and no variance shall (a) be
effective unless in writing; or (b) stop the Committee from denying a variance in other
circumstances. Any such variances shall not violate the spirit or the intent of this document to
create a subdivision of Units owned in fee by various persons with each such Owner having an
P9-ment upon areas owned by the Association.
1641PC 17

BK 1 191 PG 10.1 a
11.8 Limitation of Liability+. Review and approval of any application pursuant
to this Article is made on the basis of aesthetic considerations only and the Committee shall not
bear any responsibility for ensuring the structural integrity or soundness of approved construction
or modifications, nor for ensuring compliance with building codes and other governmental
requirements. Neither the DECLARANT, the Association, the Board, nor the Committee, shall
be held, liable for any injury, damages, or loss arising out of the review and approval of any
application, including, but not limited to the granting of a variance, the manner or quality of
construction, defects in any plans or specifications, or deficiencies in kind or quality of materials
used, or for ensuring compliance with building codes and other governmental requirements.
(a) Any structure or improvement placed or made in violation of this
Article shall be deemed to be nonconforming. Upon written request from the Board or the
DECLARANT, Owners shall, at their own cost and expense, remove such structure or
improvement and restore the land to substantially the same condition as existed prior to the
nonconforming work Should an Owner fail to remove and restore as required, the Board or its
designees shall have the right to enter the property, remove the violation, and restore the property
to substantially the same condition as previously existed. All costs, together with the interest at
the maximum rate then allowed by law, may be assessed against the Unit owner and the
benefited Unit and collected as an Individual Assessment.
(b) Any coutractor, subcontractor agent, cmployee, or other invitee of
an Owner who fails to comply with the terns and provisions of this Article and the Design
Guidelines may be excluded by the Board from the Properties. In such event, neither the
Association, its officers, nor its directors shall be held liable to any Person for exercising the
rights granted by this paragraph.
(c) The Association shall have the authority to establish fines for
violations of this Article and the Design Guidelines, including fines for continuing violations.
The fine amounts may be deducted from any bond posted. If the fines are not paid, the
Association may establish an Individual Assessment in accordance with the provisions of Article
10.
(d) In addition to the forgoing, the Association shall have the
authority and standing to pursue all legal and equitable remedies available to enforce the
provisions of this Article and the decisions of the Committee.
11.10 $Fecific Designn Quidelines_
(a) Culvertl The cost of any culvert and covering is to be borne by
the Owner and the construction specifications must meet the Association's approval. The culvert
mustbe installed before any construction may begin on a Unit.
(b) C mpldi= Once construction of a dwelling or other
improvements are started on any Unit, the exterior improvements, including painting and
landscaping must be completed in accordance with the approved plans and specifications within
twelve (12) months from the date of commencernmL Failure to complete construction within
twelve (12) months from commencement date may result in a fine being imposed in the
minimum amount of $500.00 per month, which fine shall be payable to DECLARANT until all
Units in the Subdivision have been sold, at which time the fine shall be payable to the
Association. The fine imposed under this Section shall be an individual assessment enforceable
in accordance with Article 10. Commencement date shall be the date footings are commenced.
Only one (1) detached, single family residence dwelling not to exceed two
and one-half stories in height above floor level and such outbuildings as are usually accessory to
a single family residence dwelling, including a private enclosed garage shall be permitted.
1641PC 18

BKI 191 M01 I
Single-family detached dwelling houses constructed on a Unit adjacent to
the Golf Course and subject to these Protective Covenants shall contain no less than 2,100 square
feet for a two-story dwelling and 1,800 square feet for a one-story dwelling of fully enclosed and
heated floor space all devoted to living purposes (exclusive of roofed or unroofed porches,
breezeways, terraces, porches, steps, walks, garages and any outbuildings). Units that are not
adjacent to the Golf Course shall contain not less than 1,650 square feet for a two-story dwelling
and 1,500 square feet for a one-story dwelling pf fully enclosed and heated floor space all
devoted to living purposes (exclusive of roofed or unroofed porches, breezeways, terraces,
porches, steps, walks, garages and any outbuilding). In computing the number of square feet
allowed as provided herein, no square footage in any part of the dwelling that is constructed over
a garage will be counted, unless it is an integral part of the living space and approved by
DECLARANT.
Any Supplemental Declaration may contain minimum dwelling square footage
requirements which differ from this Section.
(d) = An attached garage accommodating at least two (2) full-
size vehicles with the garage doors fully closed is required for all single family residences.
Garages accommodating one (1) full size vehicle with the garage doors fully closed or detached
— garages may be allowed if any Supplemental Declaration expressly so provides.
(a) Placement, Arbitrary, inflexible setback lines are not in the best
interest of Magnolia Greens nor the Owners of property therein, nor in keeping with the
Community Standard since they tend to force construction of homes directly to the side of other
homes with detrimental effects on privacy, view, preservation of important frees and other
vegetation, ecological and related concerns. The Committee shall determine the location of any
structure, having regard for the foregoing considerations, to aesthetic considerations, the
Community Wide Standard, size, shape and location of the property, the type of housing, and any
other reasonable considerations. The Committee has the right to require maintenance an&or
removal of plasm material to protect an Owner's view of the Golf Course.
{f) F=. All fences shall be designed, constructed and placed as
approved by the Committee. In addition, the Committee may prohibit fences on Units adjacent
to the Golf Course and any fence which is to be erected within the Golf Course Easement, as
defined in Section 13A herein, shall only be erected with the consent of the DECLARANT and
any Golf Course operator, their respective agents, successors or assigns. All fences constructed
hereunder shall be maintained in their original condition by the Unit Owner. If a Unit has
installed fencing or a privacy structure on any Unit adjacent to the Golf Course, golfers shall not
be allowed on that Unit for any ream. Any fence installed by DECLARANT must be
maintained in its original condition and replaced, if required, by the Lot Owner on whose Lot the
fence is located. Any maintenance affecting the appearance of the fence and the replacement of
T the fence must be approved by the DECLARANT. No fence installed by the DECLARANT may
be removed.
(9) Ding. All Unit landscaping shall be approved by the
Committee, including removing and replacing trees on each Unit.
(h) . Buildings must in all
particulars meet the requirements of the Brunswick Comity Health Department regulations and
any local building code. No construction may commence on any Unit until prior.approval of any
governmental agency having jurisdiction over add construction is obtained.
(i) Ternnorary c Lu-ea. No buildings, structures, outhouses, sheds,
tents or trailers of any kind shall be permitted on any Unit, except for those used for construction
Purposes during a reasonable period during construction of permanent improvements.
G) Detached Structures, The Committee has the authority to allow or
prohibit detached structures in connection with any residential unit within Magnolia Greens, in
its sole discretion.
1641PC 19

GK1191 PG1012
(k) Reflerti3m Film or Coating. Any type of reflective film or coating
to any window, glass door or glazed surface of any structure visible from outside the structure
must be approved by the Committee.
�Il�al. W.M. .1 -. . 'i2
(a) DECLARANT has created Magnolia Greens as a residential and
recreational development and, in furtherance of its and every other Owner's interest, has
established a general plan of development for Magnolia Greens as a planned community. The
Properties are subject to land development, architectural, and design guidelines as set forth in
ARTICLE 11. The Properties are subject to guidelines and restrictions governing land use,
individual conduct, and uses of or actions upon the Properties as provided in this ARTICLE 12.
These Protective Covenants establish affirmative and negative covenants, easements, and
restrictions (the "Use Guidelines and Restrictions).
(b) All provisions of these Protective Covenants and of any
Association rules shall also apply to all occupants, lessees, guests and invitees of any Unit. Any
lease on any Unit shall provide that the lessee and all occupants of the leased Unit shall be bound
by the terms of these Protective Covenants, the By -Laws, and the rules of the Association.
12.2 Rules ADd Regulations
Subject to the terms of this ARTICLE 12, the Board shall implement and manage
the Use Guidelines and Restrictions through rules and regulations which adopt, modify, cancel,
limit, create exceptions to, or expand the Use Guidelines and Restrictions.
(a) All Owns and all the Properties are subject to the Use Guidelines
and Restrictions and are given notice that (a) their ability to use their privately owned property is
limited thereby. and (b) the Board may add, delete, modify, create exceptions to, or amend the
Use Guidelines and Restrictions in accordance with Sections 12.2.
(b) Bach Ovmer, by acceptance of a deed, acimowledges and agr..es
that the use and enjoyment and marketability of his or her property can be affected by these
provisions, agrees to be bound thereby, and that the Use Guidelines and Restrictions and rules
may change from time to time.
12.4 Ri hg is of Owners. Except as may be specifically set forth in Section 12.6,
the Board may not adopt any rule in violation of the following provision:
(a) Activities Within Unit No rules shall interfere with the activities
carried on within the confines of Units, except that the Association may prohibit activities not
normally associated with property restricted to residential use, and it may restrict or prohibit any
activities that create monetary costs for the Association or other Owners, that create a danger to
the health or safety of occupants of other Units, that generate excessive noise or traffic, that
create unsightly conditions visible outside the Unit, that block the views from other Units, or that
create an unreasonable source of annoyance, or that create a nuisance.
12.5 Use Guidelines and Restrictions.
(a) Qwcral. The Properties shall be used only for residential,
recreational, and related purposes (which may include, without limitation, offices for any
property manager retained by the Association or business or sales offices for the DECLARANT
or the Association), except as otherwise provided herein. No commercial use shall be permitted
on any Unit except in accordance with Section 12.5(o).
1641PC 20

B111191 PG1013
(b) Animals and Pets. No animals, livestock or poultry of any kind
shall be raised, bred, kept or maintained on any Unit or in any dwelling except a limited number
of domestic household pets, which limit maybe set by the Board. Domestic household pets may
not be raised, bred., or kept for any commercial purpose. Pets must be leashed at all times when
off Owner's Unit and droppings must be immediately removed. Pets are not allowed cn the Golf
Course and pet owners may be subject to fines assessed by the Association and/or the Golf
Course operation for any violation and damage. Fines assessed by the Association shall become
an Individual Assessment in accordance with Article 10.
T (c) Storage. RecentMles. Every fuel storage tank shall be EPA
approved and buried below the surface of the ground. Every outdoor receptacle for ashes, trash,
rubbish, or garbage shall be screened or so placed and kept as not to be visible from any street or
—' recreation area, or golf course property.
(d) Placement of Outdoor Clothes Drvmg Structure. NO outdoor
poles; clotheslines or similar equipment shall be erected or located on any Unit
(e) Model Homes. Except structures erected by DECLARANT, no
structure erected upon any Unit may be used as a model exhibit or model home without prior
written approval of the Committee and DECLARANT.
(t) Offensive and MoM Activities. No immoral, improper, illegal,
noxious or offensive activity shall be carried on upon any Unit, nor shall anything be done
thereof tending to cause embarrassment, discomfort, annoyance or nuisance to the Association,
the DECLARANT or any Owners. There shall not be maintained any plants or animals, odors,
fumes, or device or anything of any sort whose normal activities or existence am in any way
noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the
enjoyment. of other property in the neighborhood by the Owners thereof All laws, orders, rules,
regulations, ordinances or requirements of any government agency having jurisdiction thereof,
relating to any parties of the property, shall be complied with, by or at the sole expense of the
Owner or of the Association, wbichever shall have the obligation to maintain or repair such
portion of the property.
(9) Pfrlong. No vehicle of any type shall be parked on any street in
— the Properties with the exception that motor or recreational home(s) owned by guests may be
approved for short-term parking. No truck nor other vehicle in excess of a one (1) ton load
capacity, boat, vessel, motorboat, remmeational vehicle, camper, trailer, habitable vehicle, motor or
mobile home, or similar type vehicle or apparatus shall be parked or kept overnight or longer, an
any street or on any Unit unless it is stored in an enclosed garage and in such a manner as to not
be visible to the Owners of other Units or the users of a street or recreation area. All tools or
Other materials stored in vehicles for overnight parking shall be kept out of sight No vehicles or
equipment which are unsightly in appearance as determined by the Board of Directors shall be
allowed.
(h) E k or Removal of 1111ildings, Any dwelling or improvement
on any Unit that is destroyed in whole Or in part by fire or other casualty shall be either rebuilt or
tom down and all debris removed and the Unit rostored to a sightly condition with reasonable
Promptness, provided, however, that in no event shall such debris remain an such Unit longer
than three (3) months. If a replacement Unit is to be constructed, the replacement Unit must be
approved by the Committee in accordance with Article 11.
(i) Outside R min . No outside bunging of wood, leaves, trash,
garbage or household refuse or burning as a means of clearing brush shall be permitted. Burning
may be allowed by the Board under appropriate circunnstances and in compliance with all
applicable governmental regulations.
1641PC 21

BK[ 191 Pill"ffl14
(j) The Committee shall approve all signs prior to installation
and may impose size limits. No advertising signs or billboards or other advertising structure(s)
of any kind shall be erected on any Unit or displayed to the public on any Unit subject to these
restrictions without prior written approval of the Committee. This covenant shall not apply to
signs erected by the DECLARANT, including signs used to identify and advertise the Properties
as a whole, or construction identification signs approved by the Committee showing Unit
numbers and name of builder, or for a homeowner for the purposes of identifying the homeowner
as a resident on said Unit. DECLARANT or Committee retains the right to modify this
restriction including the right to disallow signs altogether or to require that all signs must be of
similar size and color. DECLARANT or Committee has the right to enter upon the unit and
remove any unapproved sign.
(k) Hunting. No hunting or discharge of firearms within the
subdivision is permitted. The Association, through its Board of Directors, reserves the right to
control or remove naftnals.
(1) fafta. Garbage and trash shall be disposed by Owners in
accordance with the rules and regulations of the Association.
(m) Antt nas. No outside antennas or satellite dishes shall be erected
on any Unit or structure unless and until permission for the same has been granted by the
Committee. The design and location of the dish shall be approved by the Committee.
(n) Well Ltalintioa The Owners of single-family residential Units
shall be allowed to install one single well per Unit for the purpose of irrigating the land
comprising the Unit. This right shall be subject to the DECLARANT'S reservation ofrights in
all surface and sub -surface water in the Properties. All wells and pumps permitted under these
Protective Covenants must be located so as not to be visible from any street or recreational area
or Common Area and must be approved by the Committee, screened froze view and kept free
from discoloration, including rust. All structures within the Unit shall also be kept free from
discoloration, including rust.
(a) Restricted Activities. The following activities are prohibited
within the Properties unless expressly authorized by the Board subject to any conditions
imposed by the Board:
(i) Activities which materially disturb or dcsfroy the
vegetation, wildlife, water or air quality within the Properties or which use excessive amounts of
water or which result in unreasonable levels of sound or light pollution;
(ii) Any Business or Trade, except that an Owner or occupant
residing in a Unit may conduct business activities within the [brit so long as: (a) the existence or
operation of the activity is not apparent or detectable by sight, sound, or smell from outside the
Unit; (b) the activity does not involve regular visitation of the Unit by clients, employees, agents,
customers, suppliers, or other business invitees, delivery services, or door-to-door solicitation of
residents of the Properties; and (c) the activity is consistent with the residential character of the
Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the
security or safety of other residents of the Properties, as may be determined in the sole discretion
of the Board.
(iii) Rental of any Unit for a period of less than ninety (90)
days, other than Units owned or managed by the DECLARANT, the Golf Course owner/operator
or designated for short -tom rentals of less than 90 days.
(iv) Nothing shall be kept and no activity shall be carried on in
any building, structure or home or on the Common Area which will increase the rate of
insurance, applicable to residential use, for the property or the contents therea£ No Owner shall
do or keep anything, nor pause or allow anything to be done or kept, in his home or on the
Common Area which will result in the cancellation of insurance on any portion of the property,
or the contents thereof, or which will be in violation of any law, ordinance, or regulation. No
waste shall be committed on any portion of the Common Area
1641PC 22

S
BK1191PG1015
(p) imperty Damage. Owners shall be responsible for any damage
done to any streets, roadways, accessways, curbing, street gutters, sidewalks, Common Areas or
property of other Owners within the Properties which may be caused by any Owner, his agents,
lessees, employees, guests, licensees or invitees. The Association shall have the authority to
assess any Owner for such damage and such charge shall be an Individual Assessment against the
Owner and his Unit(s) and may be enlfbmed in accordance with the provisions of Article 10
herein.
(e) Junk Vehicles. No stripped, partially wrecked, junk motor vehicle,
or part thereof, or any motor vehicle not displaying a current valid inspection • sticker shall be
permitted to be parked or kept on any Unit.
(r) f9dagLCAm All trash. receptacles and garbage owns shall be
screened so as not to be visible by the Owners of other Units or the users of any street or
-- recreation area. All such screening shall be approved by the Committee.
(s) Fuel Tanks. No fuel tanks or similar storage receptacles may be
exposed to view. The placement of any such receptacles may be approved by the Committee or
DECLARANT and may only be located within the main dwelling house, within an accessory
building, within a screened area, or buried underground.
(t) Mailer. Each Unit in Magnolia Greens shall have only one (1)
mailbox and one (1) paper box which shall be mounted on a single post and all such boxes must
be approved by the Committee. Such mailboxes or paper boxes may be provided by the
DECLARANT or Builder. Any boxes provided by the DECLARANT or Builder shall be
-- considered an improvement and must remain with the Unit and must be maintained by the Unit
Owner. Boxes and/or posts damaged shall be repaired to an attractive condition or replaced by
the Unit Owner within thirty (30) days of loss or damage.
(u) Outdeer Qljm&. No outdoor statuary, flags or other decorative
objects may be placed on any Unit without the written approval of the Committee.
(v) Yard Sales. No yard sales or garage sales shall be perm fitted upon
r" any Unit in the Properties.
(w) Attars ft of Common Area No person shall urrdmtake, cause, or
allow any alteration or construction in or upon any portion of the Common Area except at the
direction of and with the etpress written consent of the Committee.
(x) Use of Common mon r s. The Common Area shall be used only for
the purposes for which they are intended and reasonably suited and which are incident to the use
and occupancy of the homes, subject to any Rules or Regulations that may be adopted by the
Association pursuant to its By -Laws.
(y) S1ee of Personal PmneU. All lawn mowers, bicycles, toys;
grills and other similar objects must be stored when not in use so as not to be visible by the
Owners of other Units or the users of any street or recreation area.
(Z) Buried Material. DECLARANT does not grant permission or
recommend that any material be buried on any Unit in MAGNOLIA GREENS , including, but
not limited to any casement area, Common Area, or area where any structure shall be
constructed. If any material is buried on any Unit, it is recommended • that all subsequent
purchasers be advised of the location and type of materials) deposited. No hazardous, illegal, or
governmental regulated material(s) shall be deposited on any Unit in MAGNOLIA GREB1+?S .
(sa) Exterior Fea_n, c nd Structures All exterior storage areas,
laundry facilities, utility areas, service yards or areas, carports, electrical meters, water meters,
and gas meters are to be screened from view from streets and adjacent properties by an enclosure,
fence, wall or natural landscape materials.
1641PC 23

BK1191 pG1016
(bb) Conservation/Bufferreas. In certain instances, conservation
areas or green ways, vegetated buffers, wall easements or sign areas may be conveyed with a
Unit to an Owner. Such areas are for conservation or easement purposes and as such, not for
Owner's private use. No fences or structures of any type may be erected in said areas and no type
of vegetation may be removed and no grading, digging or placement of fill material may occur.
Notwithstanding the foregoing, any area identified as a Conservation or
Buffer Area or Wall Easement or Sign Area on any map of any part of MAGNOLIA GREENS
may be conveyed with a Unit or Units in the Properties or may be conveyed to one or more Unit
Owners in the Properties. These area(s) are for conservation or buffer or wall easement or sign
easement purposes and, as such, not for the Owner(s)' private use. No structures other than those
fences, walls, signs, entranceway structures, landscaping or similar conseration by the
DECLARANT shall be permitted in these Area(s). In the case of conveyance of a Conservation
or Buffer Area or Wall Easement or Sign Area as set forth herein the Association shall have an
easement to go upon the Area(s) to maintain such Areas. DECLARANT and Association Author
reserve the right and an easement to change, reconstruct or construct any fences, walls, signs,
entranceway structures, landscaping or the equivalent in and over the Conservation or Buffer
Area(s) or Wall Easement(s) or Sign Area(s).
The Lot Owner or Owners to whom any Conservation or Buffer Easement or Area
or Wall Easement or Sign Area is conveyed shall keep the Area mowed and shalt maintain it
regularly so that said area shall be neat and in good condition and appearance at all times. With the
consent and approval of the DECLARANT, the Lot Owner may make certain phmtings and may
landscape the Conservation or Buffer Easements) or Ama(s) or Wall Easement(s) or Sign Area(s).
If Owner(s� his agents, guests, lessees or licensees shall in any way
disturb or damage any vegetation or structure, including walls, fences and signs.located in any
Conservation or Buffer Area or Wall Easement or Sign Area, as determined by the Board of
Directors, the Board may impose a fine in the minimum amount of $2,500.00, which fine shall
be payable to the Association. The Association shall pay twenty percent (20%) of the fine to
DECLARANT until all Units in the Subdivision have been sold, in addition, the Owners) shall
be required to install replacement plant materials andlor restore any structure or pay for the cost
of replacement for restoration by the Board within 30 days of notification by the Board of
Directors.
(cc) Road Use. The roads are to be used by vehicles or pedestrians for
the proposes of transportation. At no time shall any vehicle caceed the speed limit as determined
by the Association or the applicable governmental authority. Walkways and trails are to be used
solely for pedestrian travel or any non -fossil fuel powered vehicle, and at no time is any vehicle
to exceed the speed limit as determined by the Association. No permanent, frequent, nor long-
term parking is permitted along or on major roads and promenades except in specifically
designated areas.
(dd) 1i ,_moles Rs¢ulatons and SoeMsion of Roads. The Association is
entitled to adopt reasonable rules and regulations regarding the supervision, maintenance,
control, regulation and use of the roads and promenades, and to enforce the same in any lawful
manner which may include, but not be limited to, the imposition of fines for violations thereof,
which fides shall be Individual Assessments and may be enforced in accordance with the
provisions of Article 10.
(ee) DDECL E ANT'c Activities. (1) This subsection.shall not apply to
any activity conducted by the DECLARANT with respect to its development and sale of the
Properties or any commercial activities of the DECLARANT, including any sales office
maintained by DECLARANT or any Builder, and (2) DECLARANT shall be specifically
authorized to rent or lease any unit which it owns or manages for other owners, and to maintain
model units or sales offices in any unit which it owns.
1641PC 24

12.6 Stormwater Run Rules. All Units are subject to the State of North
Carolina rules and regulations concerning stotmwater runoff as these rules are amended from
time to time. These regulations currently provide that each Unit described in EXBIBIT A will
be restricted to 4,000 square feet of built upon area including impervious rsrfaces such as
foundation; structures; pavement; concrete; driveways, including that portion of the driveway -
located within a street right-of-way, which tuns from the property line to the road pavement; and
walkways or patios of brick, stone or slate, and gravel, marl or stone covered areas, not including
wood decking or the water surface of swimming pools. DECLARANT reserves the right to
recalculate the maximum allowable built upon area in accordance with the storm water runoff
rules and regulations of the State ofNorth Carolina and to use eighty percent (809A) of any
unused built upon area for each Unit. DECLARANT reserves the right to amend this Section to
modify the square footage of the built upon area, even after a dwelling is constructed in order to
utilize 80'/6 of any unused built upon area in other areas of development within Magnolia Greens,
All drainage swales or drainage patterns used to treat stomrwater runoff as required by the State
of North Carolina may not be filled in, piped or changed without the consent of the.
DECLARANT, its designee, the Association, and the State of North Carolina and shall be
maintained as set forth in Article 5 herein. For curb and gutter projects, no one may pipe, fill in,
or alter any Unit line Swale used to meet North Carolina Stormwater Management Permit
requirements. The State of North Carolina is hereby made a beneficiary of these Protective
Covenants to the extent necessary to enforce its stormwater runoff regulations as the same may
be amended from time to time. The requirements of the stormwater permit cannot be changed
without the consent of the State of North Carolina.
ARTICLE 13
13.1 Easements for Utilities Rtc.
(a) There are hereby reserved unto DECLARANT, so long as the
DECLARANT owns any property described on EZl3dmrf A or B, or the Future Development
Property, the Association, and the designees of each, access and maintenance easements upon,
across, over, and under all of the Properties to the extent reasonably necessary for the purpose of
replacing, repairing, and maintaining any cable television system, any master television antenna
system. any security and similar systems, roads, walkways, bicyclepathways, trails, ponds,
-- wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to,
water, sewer, meter boxes, telephone, garbage pickup, and electricity, and for the purpose of
installing any of the foregoing on property which it owns or within easements designated fox
such purposes in these Protective Covenants or on recorded plats of the Properties. Any damage
to a Unit resulting from the exercise of this easement shall promptly be repaired by, and at the
expenses of; the Person exercising the easement rights.
(b) DECLARANT specifically grants to the local garbage service,
water supplier, sewer company, septic tank company, telephone company, common carriers, and
electric company, and all applicable governmental agencies and utility companies, easements
across the Properties for ingress, egress, for the purpose of installation, reading, replacing,
repairing, and maintaining utility installations, including meters and boxes, maintaining and
replacing water, drainage and drainage facilities, sower and sewer facilities, and for fire fighting,
law enforcement, garbage collection and the delivery of mail and packages. However, the
exercise of this easement shall not extend to permitting entry into a dwelling. Utilities may not
be installed or relocated on the Properties, except as approved by the Board or DECLARANT'.
13.2 Easement for Utility Inswil 9n
(a) All of the property, including Units and Common Area, shall be
subject to a perpetual non-exclusive easement for water lines, sanitary sewers, storm drainage
r.. cilities, telephone and electric power lines, television antenna lines, and other public utilities as
shall be established by the DECLARANT as may hereinafter be designated on any plat or replat
of parcels within Magnolia Greens whether the same be within the boundaries of any Unit(s).
(b) Easements and rights of way over and upon the rear, front and side
ten (10) feet of each Unit for drainage and the installation and maintenance of utilities and
1641PC 25

A
BW1191p 1p18
services, including, without limitation, water, sewer, drainage and stormwater runoff facilities,
are reserved to DECLARANT and its successors and assigns for such purposes as
DECLARANT may deem incident and appropriate to its overall development plan. The
easements and right of way areas reserved by DECLARANT on each Unit pursuant hereto shall
be maintained continuously by the Owner, but no structures or plantings or other material shall
be placed or permitted or remain upon such areas or other activities undertaken thereon which
may damage or interfere with the installation or maintenance of utilities or other services, or
which may retard, obstruct or reverse the flow of water or which may damage or interfere with
established slope ratios or create erosion problems. Improvements within such areas also shall
be maintained by the respective Owner except those for which a public authority or utility
company is responsible. These easements and rights expressly include the right to cut any trees,
bushes or shrubbery, make any gradings of the soil, or to take any other similar action reasonably
necessary in the opinion of the DECLARANT to provide an economical and safe installation.
The DECLARANT shall have no maintenance responsibilities for such easement areas.
(c) The DECLARANT reserves a perpetual, non-exclusive easement
for the installation, maintenance and repair of water, sewer, drainage and all other utilities within
the right of way of all roads and streets as shown on the recorded plats of the Property.
(d) The Association hereinafter may grant easements for utility
purposes for the benefit of the Properties and the Units now or hereafter located thereon, over,
under, along and through the Common Areas. however that no such grant of easement
shall have a material adverse effect on the use, enjoyment or value of any Unit.
(e) The Properties are subject to a contract with an electric utility
company for the installation of underground electrical utilities which may require an initial
contribution and/or the installation of street lighting, which will subject each Owner to a
continuing monthly payment to that electric utility Company.
(f) All utility wires, lines, cables and lines, and pipes, without
limitation, shall be underground.
13.3 Eo mco to Serve Additional Pmn ertr. Tire DECLARANT hereby
reserves for itself and its duly authorized agents, representatives, employees, successors, assigns,
licensees, and mortgagees, an easement over the Common Area for the purposes of enjoyment,
use, access, and development of the property described in EXHIBIT B, and any Future
Development Areas, whether or net such property is made subject to these Protective Covenants.
This esscment includes, hat is not limited to, a right of ingress and egress over the Common Area
for construction of roads and for connecting and installing utilities on such property.
13.4 F.aseroent for Golf Courser.
(a) Each Unit, all Common Areas within Magnolia Green, which are
located adjacent to any Golf Course, are burdened with a Golf Course Easement, permitting golf
balls unintentionally to conic upon such property and for golfers at reasonable times and m a
reasonable manner to come upon the property to retrieve errant golf balls unless the Unit has
installed fencing or a privacy structure; provided, however, this provision shall not relieve
golfers of liability for damage caused by errant golf balls. Under no circumstances shall any of
the following Persons be held liable for any damage or injury resulting from errant golf balls or.
the exercise of this easement: the DECLARANT; the Committee, the Association or its Board of
Directors or its Members; the Golf Course(s) owner(s) and/or operator(s) and their successors
and assigns.
(b) The DECLARANT and any owner or operator of any Golf
Course, their respective agents; successors and assigns,; shall at.all times have a right Am1 nn�n
exclusive easement of access and use over those portions of the Common Areas reasonably
necessary to the operation, maintenance, repair and replacement of the Golf Course.
1641PC 26

BKI 191 PG1019
-- (c) The DECLARANT and owner or operator of any Golf Course, and
their respective agents, successors, assigns, guests, vendors, invitees, licensees, employees, shall
have a perpetual easement and right of ingress and egress over and across any of the roads in the
Proprrti y, for the purpose of providing the right of ingress and egress, for pedestrian and
vehicular travel, to and from said Golf Course(s).
(d) ' The DECLARANT reserves, for itself and any owner or operator
— of any Golf Course, its successors, assigns, guests, invitees, licensees, employees and agents a
Perpetual easement and right of ingress and egress over and across all areas designated as golf
course cart paths, pedestrian paths and shown on any recorded plat of the Properties. The
construction, maintenance and repair of said golf course cart paths and pedestrian paths shall be
the responsibility of the DECLARANT and/or any owner or operator of any Golf Course, and its
successors and assigns.
(e) The DECLARANT reserves, for itself and any owner or operator
of any Golf Course, its successors' and assigns, a perpetual easement within any of the road rights
of way within Magnolia Greens, for the establishment, repair and maintenance of directional
signs relating to said Golf Courses and shall be responsible for the cost and expenses relating to
the exercise of said easement.
(f) The DECLARANT reserves for itself and/or any owner or operator
of any Golf Course, their successors and assigns the right to relocate golf cart paths, pedestrian
paths and roadway crossings in its sole discretion.
(g) Users of the Golf Course and permitted members of dre public
shall have the right to park their vehicles on the roadways located on the Properties at reasonable
times before, during and after golf tournaments and other functions held by or at the golf Course,
notwithstanding anything in these protective Covenants to the contrary. Any owner or operator
of any Golf Course shall have the right to conduct golf tournaments and other 5rnetions at the
Golf Course and Clubhouse.
(h) Privately owned golf carts will not be allowed on Golf Course
Property without the prior approval of the operator of the Golf Course.
(i) This Article may not be amended without the prior written
approval of all Golf Course owner(syoperator(s).
13.5 Easements for Crvoss_DrainalM
(a) Every Unit and the Common Area shall be burdened with
easements for drainage,of water runoff from other portions of the Properties; provided, no Unit
Owner shall alter the drainage on any Unit so as to materially increase the drainage of water onto
adjacent portions of the Properties without the consent of the Owner of the affected property.
(b) Every Unit and the Common Area shall be burdened with
easements for drainage and stormwater runofffrom the Golf Course; provided no, person shall
alter the drainage on any Unit so as to materially increase water drainage onto adjacent portions
Of the Golf Course without the consent of the operator of the affected Golf Course,
(c) The Properties are burdened with a permanent and right to use
easement for the benefit of the DECLARANT and the owner/operator of any Golf Course, and
their successors and assigns, for the stormwater runoff and drainage facilities located on the
Properties, including, without limitation, any stormwater retention ponds or ditches. This
easement includes the right to drill, install, locate, maintain and Use pipes, conduits and pumps
running to the stormwater retention ponds and other related facilities. located on the Properties.
(d) The Golf Course is or shall be burdened with a permanent
easement and right to use easement for the benefit of the Association, DECLARANT, Unit
Owners and owners of real property located within the Properties, their heirs, successors and
assigns, for the stormwater runoff and drainage facilities located on the Golf Course, including,
without limitation, any ponds and/or designated ponds and/or stormwater retention ponds and/or
1641PC 27

BK l 191 °G 1020
ditches. This easement includes the right of the Association to drill, install, locate, maintain and
use pipes and conduits running to the stomrwd w retention ponds and other related facilities
located on the Golf Course, which right shall not be exercised without prior written approval of
the DECLARANT and/or the owner/operator of the affected Golf Course. The pumping or other
removal of any water from any lake, pond, lagoon or body of water within any Golf Course, for
any purpose other than firefighting is prohibited without the express written permission of the
Golf Course owner or operator.
13.6 Power to C3= Eueme 9. The Association shall have the power and
authority to grant and to establish in, over, upon and across the Common Area conveyed to it
such further easements as are requisite for the convenient use and enjoyment of the property.
13.6 Easement for Entry. The Association have the right, but not the
obligation, to enter upon any Unit for emergency, security, and safety reasons, to perform
maintenance pursuant to ARTICLE 5 hereof and to inspect for the purpose of ensuring
compliance with these Protective Covenants, any Supplemental Declaration, the Articles, By -
Laws, and the Rules and Regulations, which right may be exercised by any member of the
Board, the Association, officers, agents, employees, and nmzgers,.and all policemen, firemen,
ambulance personnel, and similar emergency personnel in the performance of their duties.
Except in an emergency situation, entry shall only be during reasonable hours and after notice to
the Owner. This right of entry shall include the right of the Association to enter, upon any Unit to
cure any fire or other hazard in the event an Owner fails or refiises to cure the condition within a
reasonable time after request by the Board, but shall not authorize entry into any single family
detached dwelling without percussion of the Owner, except by emergency personnel acting in
their official capacities.
13.7 EUMent hQT Maintenance. All maintenance of any water, sewer or
drainage easement shall be the responsibility of the Owner of the Unit on which said easement is
located, his heirs, successors and assigns. No structure, planting or other material shall be placed
or permitted to remain which may damage or interfere with the installation and maintenance of
utilities, sewer or drainage facilities, or which may change the direction of flow of drainage
channels in the easements. The easement area of each Unit and all improvements in it shall be
maintained continuously by the owner of the Unit, except for those improvements for which a
public authority or utility company is responsible.
13.8 Easement for Suer? Li¢h 'no The DECLARANT reserves the right to
subject the real p apeiy in this subdivision to a contract for the installation of street lighting,
which requires a continuing monthly payment by either the Association or an Owner.
13.9
(a) There is hereby reserved for the benefit of the DECLARANT, the
Association and the owner/operator of any Golf Course, and their successors and assigns, a
permanent exclusive easement and right (1) to pump water, including treated waste water, from
the lakes, ponds, lagoons, waterways, basins, water table, wells, water dependant structures and
other bodies of water located in, on or under the Properties for the purpose of irrigating any
portion of the Properties, and the Golf Course, and (2) to drill, install, locate, maintain and use
wells, pumping stations, water towers, filtration basins and tanks and related water facilities and
systems within the Common Areas and/or lands within the Properties owned by the
DECLARANT. The pumping or other removal of any water from any lake, pond, lagoon or
body of water wholly or partly within the Properties, for any purpose other than fire fighting and
as provided harem is prohibited without express written permission of the DECLARANT and/or
the Association.
1641PC 28

BK1 191 ru 1021
(b) The Property is hereby burdened with a permanent, exclusive
easement in favor of the DECLARANT and any owner/0
Aerator of any Golf Couurse, and their
successors and assigns, for overspray and/or surface or sub -surface flow ofwater from any
irrigation system serving the Properties and/or the Golf Course. Said water may be non -potable
water and may be a product of or effluent from a public or private sewer system serving the
Property and/or other properties. Under no circumstances shall the DECLARANT, the
Association or the owners or operators of the Golf Courses be held liable for any damage or
injury resulting from said water, or the exercise of this easement.
13.10 Eas=ents for n8MUMd FPS, Every Owner, and their heirs,
successors, assigns, guests and licensees, shall have a perpetual easement and right of ingress and
egress over and across any of the roads and sidewalks located or to be located within the
Properties,, as shown on any recorded plats.of the Property, for the purpose of providing
vehicular and pedestrian access to and from the Properties.
I3.11 Easement for Pathways. Each Owner, and their authorized guests or
invitees, shall have a perpetual, non-exclusive easement for the use and enjoyment of bicycle
paths, pedestrian paths, or nature preserve trails, if any, which may be established by the
DECLARANT. This easement does NOT include the right to use any paths on the golf course,
including cart paths except as approved by the golf course owner/operator.
13.12 . There is hereby reserved to all
authorized users an easement over the streets, roadways and walkways and the Common Areas
for direct ingress and egress to and from the Common Areas, subject to Board regulation.
13.13 ilse of Golf Course. Access to and use of the Golf course is strictly
subject to the rules and procedures of the respective owners and/or on of the Golf Course,
and no Person gains any right to enter or to use these facilities by virtue of membership in the
Association or ownership or occupancy of a Unit. Rights to use the Golf Course will be granted
only to such persons, and on such terms and conditions, as may be determined by their respective
owners and/or operators.
13.14 Resemvationof Water Rights. The DECLARANT hereby reserves for
itself and its successors and assigns all right to ground water, surface water, and storm water
nmoff within the Properties and each Owner agrees, by acceptance of a deed to a Unit, that the
DECLARANT shall retain all such rights. No Person other than. the DECLARANT and its
designees -shall claim, capture or collect rainwater, ground water, surface water or storm water
runoff within the Properties without prior written permission of the DECLARANT. No Owner
or occupant of a Unit shall have any right to be compensated for water claimed or reclaimed
under this provision. The Board shall also have the right to establish restrictions on or prohibit
outside use of potable water within the Properties. Owners agree to abide by any applicable
governmental rules or regulations on use of water for personal use.
13.15 s`rnn = Area Rjsemen
(a) Every Owner of a Unit within the Properties, as an appurtenance to
such Unit, shall have a perpetual easement over and upon the Common Areas within the
Properties for each and every purpose or use to which such Common Areas were intended as
determined by their type, or for which such Common Areas generally are used, including, but not
limited to, easement of access, maintenance, repair or replacement of the Common Areas. Such
easements shall be appurtenant to and shall pass with the title to every Unit located within the
Properties, whether or not specifically included in a deed thereto.
(b) An exclusive easement is hereby established in Avor of
DECLARANT over all Common Area for access to adjacent properties for the purposes of
fixture development and the installation of streets and public utilities.
1641PC 29

BK1 191 PG1022
13.16 Central Sewer Sy,gem.
(a) The DECLARANT reserves the right and authority, for as long as
DECLARANT owns any of the Property described herein, to construct, install, maintain and
operate a central sewer system within Magnolia Greens serving all or any part of the Units and
Common Areas. In such event, Owners may be required to connect to said central sewer system,
and all sewer systems serving any amenities or Common Areas within the Properties may be
required to be connected to said central sewer system. The requirement for individual unit
Owners to connect to any central sewer system, public or private, which may be installed within
Magnolia Greens shall apply both to Units purchased prior to the construction of said central
sewer system and those purchased after the construction of said system.
. (b) By the acceptance of a deed to any Unit, the Owner acknowledges
and agrees that helshe may be required to connect to said central sewer system, to pay the cost of
the construction, installation, repair and maintenance of the sewer lines serving his or her
individual Unit, to pay any top -on fee and any monthly use fee and other costs incidental to this
requirement to connect to and utilize said central sewer system:
(c) In the event that the ownership and control of a septic system
serving any Units or any of the amenities of Magnolia Greens, is conveyed to the Association or
any Community Association, or any public or private sewer company, or any municipality or
other governmental authority the provisions of this section shall apply in the event of the
construction of a central sewer system
(d) The casements reserved in this Master Declaration of Protective
Covenants for installation, repair and maintenance of utilities expressly include the installation,
repair and maintenance of a central sewer system.
(a) There is hereby reserved for the benefit of the DECLARANT, the
Master Association, or any public or private utility company or municipality which is providing
sewer service to the Properties, their a ilistes, successors or assigns, a permanent easement and
right to discharge waste water into designated lakes, ponds, lagoons, waterways, basins, water
dependent structures and other bodies of water within the Properties, as approved by the North
Carolina Division of Environmental Management
(f) The DECLARANT reserves the right, for itself and for its
successors and assigns, to consWxt, install, maintain and operate said central sewer system
within the Properties, and to connect to and utilize any public sewer system which may be
extended to the Properties by any municipality or any agency thereof
13.17 Easements Affecting hiaMlia, Cuens• Portions of the property described
in EXHIBIT B are subject to easements for electrical transmission lines, and utility lines and
fuel lines to Carolina Power and Light Company, Brunswick Electric Membership Corporation
and Exxon Corporation. No Owner or owner of any part of the Properties or Builder or any Golf
Course owner or operator may undertake any actions which will infringe upon or cause damage
to these easements. Any such person who undertakes actions contrary to this Section shall be
liable and responsible for all costs and damages caused by such action.
13.18 Easements Run with the liand. All easements and rights described herein
are easements appurtenant, running with the land, and shall inure to the benefit of and be binding
on all undersigned, its successors and assigns, and any Owner, pir, Mortgagee and other
person having an interest in said land, or any part or portion thereof, regardless of conveyance, or
in any mortgage or trust deed or other evidence of obligation, to the benefit of and be binding on
the undersigned, its successors and assigns, and any Owner, purchaser, Mortgagee and other
person having an interest in said laud, or any part or portion thereof, regardless of whether or not
reference to said easement is made in the respective deeds of conveyance, or in any Mortgage or
trust deed or other evidence of obligation, to the easements and rights described in these
Protective Covenants.
1641PC 30

EK 1 191 PG 1023
— ARTICLE 14
MORTGAGEE p U VISIONS
14.1 Notice to ASsocimgg UPon request, each Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage encumbering such
Owners Unit.
— 14.2 Fail= of Morteasm IQ Raond. Any Mortgagee who receives a written
request from the Board to respond to or consent to any action shall be deemed to have approved
such action if the Association does not receive a written response within 30 days of the mailing
of such request, provided such request is delivered to the Mortgagee by certified or registered
mail, return receipt requested.
ARTI= 15
DECLARANTS RIGIT R
15.1 Transfer of DECI .AR ANT'S ; fits Any or all of the special rights and
obligations of the DECLARANT set forth in these Protective Covenants or the By -Laws may be
transferred to other Persons, provided that the transfer shall not reduce an obligation nor enlarge
a right beyond that contained in these Protective Covenants or the By -Laws. No such transfer
WWI be effective unless it is in a written instrument signed by the DECLARANT and duly
recorded in the land records of Brunswick County, North Carolina.
15.2 Rights of Builders a_nd DRCI ARANT So long as sales of Units by.the
DECLARANT gall continue, the DECLARANT, and Builders authorized by DECLARANT,
may maintain and carry on such facilities and activities as, in the sole opinion of the
DECLARANT, may be reasonably required. convenient, or incidental to the construction or sale
of such Units, including, but not limited to sales and business offices, signs, model units, and
sales offices notwithstanding anything in these Protective Covenants to the contrary. The
DECLARANT and authorized Builders shall have easements for access to and use of such
facilities.
15.3 $ightla-Aaw& The DECLARANT hereby reserves the right to annex
and subject to these restnetions the real property which is located within a 2 mile radius ot, and
is adjacent to and contiguous with that property described in EXHIBIT B, of the Brunswick
County Registry, in order to extend the general scheme of these Protective Covenants to other
property to be developed and thereby bring such additional properties within the jurisdiction of
the Association. DECLARANT'S right to annex property hereunder is not obligatory and may be
exercised by DECLARANT in its sole discretion. The DECLARANTS rights reserved in this
Section shall expire automatically on December 31, 2018, if not exercised prior thereto.
_ 15.4 RiQ is to Alm, The rights reserved by DECLARANT in Section 15.3
include the right to change, alter or designate Unit(;), roads, utility and drainage facilities and
easements, and to change, alter or redesignate such other prn;eot and proposed amenities or
facilities as may in the sole judgment of the DECLARANT, be necessary or desirable. The
rights reserved in this Section specifically include the right of DECLARANT to redesignate,
change, or alter any platted Unit(s) into road(s).
ARTICLE 16
GO E CO IR CR
16.1 Owners ip na__d Operation Of Golf caur R. All Persons, including all
— Owners, are hereby advised that no representations or warranties have been or are made by the
DECLARANT or any other Persons with regard to the continuing existence, ownership or
operation of any Golf Course, if any. All representations regarding Golf Course operations mall
only be made by the ownedoperator of the Golf Course. Burther, the ownership or operational
— duties of and as to the Golf Course may change at any time and from time to time by virtue of;
but without limitation, (a) the sale or assumption of operations of the Golf Course by or to an
independent person or entity, (b) the sale of the Golf Course to the MAGNOLIA GREENS
MASTER ASSOCIATION, INC., (c) the conveyance, pursuant to contract, option, or otherwise,
of the Golf Course to one or more affiliates, shareholders, employees or independent contractors
1641PC 31

BKI191 PG 1023
ARTICLE 14
MORTGAGEE PROVISIONS
14.1 Notice to Asssocistion Upon rogruci;4 each Owner shall be obligated to
furnish to the Association the time and address of the holder of any Mortgage encumbering such
Owner's Unit.
14.2 Failure of Mortgagee to _R_Mond. Any Mortgagee who receives a written
request from the Board to respond to or consent to any action shall be deemed to have approved
such action if the Association does not receive a written response within 30 days of the mailing
of such request, provided such request is delivered to the Mortgagee by certified or registered
mail, return receipt requested.
ARTICLE 15
DECLARANT'S I BT
15.1 Trans ft of D .CI.AR ANT'S Rights. Any or all of the special rights and
obligations of the DECLARANT set forth in these Protective Covenants or the By -Laws may be
trensfarred to other Persons, provided that the transfer shall not reduce an obligation nor enlarge
a right beyond that contained in these Protective Covenants or the By -Laws. No such transfer
shall be effective unless it is in a written instrument signed by the DECLARANT and duly
recorded in the land records of Brunswick County, North Carolina.
151 Rights of Builders and DRVLAR ANT So long as sales of Units by the
DECLARANT shall continue, the DECLARANT, and Builders authorized by DBCLARANT,
may maintain and carry on such facilities and activities as, in the sole opinion of the
DECLARANT, may be reasonably required, convenient, or incidental to the construction or sale
of such Units, including, but not limited to sales and business offices, signs, model units, and
sales offices notwithstanding anything in these Protective Covenants to the contrary. The
DECLARANT and authorized Builders shall have easements for access to and use of such
facilities.
15.3 RighLWAnwaL The DECLARANT hereby reserves the right to annex
and subject to these restrictions the real property which is located within a 2 mile radius oi; and
is adjacent to and contiguous with that property described in EXHIBIT B, of the Brunswick
County Registry, in order to extend the general scheme of these IT
Covenants to other
property to be developed and thereby bring such additional Properties within the jurisdiction. of
the Association. DECLARANT'S right to annex property hereunder is not obligatory and may be
exercised by DECLARANT in its sole discretion. The DECLARANT'S rights reserved in this
Section shall expire automatically on December 31, 2018, if not exercised prior thereto.
15.4 Rig is to 1 cr, The rights reserved by DECLARANT in Section 15.3
include the right to change, alter or designate Unit(s), roads, utility and drainage facilities and
easements, and to change, alter or redesignate such other present and proposed amenities or
facilities as may in the sole judgment of the DECLARANT, be necessary or desirable. The
rights reserved in this Section specifically include the right of DECLARANT to redesignate,
change, or alter any platted Unit(s) into road(s).
ARTICLE 16
GOLF COURSE
16.1 Own"illuOperation of Calf Courses. All Persons, including all
Owners, arc hereby advised that no representations or warranties have been or are wade by the
DECLARANT or any other Persons with regard to the continuing existence, ownership or
operation of any Golf Course, if any. All representations regarding Golf Course operations shall
only be made by the owner/operator of the Golf Course. Further, the ownership or operational
_ duties of and as to the Golf Course may change at any time and from time to time by virtue oi:,
but without limitation, (a) the sale or assumption of operations of the Golf Course by or to an
independent person or entity, (b) the sale of the Golf Course to the MAGNOLIA GREENS
MASTER ASSOCIATION, INC., (c) the conveyance, pursuant to contract, option, or otherwise,
of the Golf Course to one or more affiliates, shareholders, employees or independent contractors
1641PC 31

gtI191PG 1025
17.2 mod= At any time prior to December 31, 2018 or until all Units
are sold, these Protective Covenants may be amended by DECLARANT in its discretion.
Retention of this right by the DECLARANT is not intended to affect the general or common
scheme of development for the property herein described but to correct and/or modify situations
or circumstances which may arise during the course of development. Thereafter, these protective
Covenants may be amended by vote of not less than sixty-six and two-thirds percent (66 2/3%)
of the Class A Owners and an instrument must be recorded at the Brunswick County Registry for
such an amendment to be effective. In no event may the Protective Covenants be amended so as
to alter any obligation to pay ad valorem taxes or assessments for public improvements, as herein
provided, or affect any lien for the payment thereof established herein, or so as to deprive
DECLARANT, its designee or successors and assigns of any rights herein granted or reserved
unto DECLARANT. In addition, the DECLARANT may amend these Protective Covenants to
annex additional property and make it subject to the terms, conditions, restrictions, obligations
and covenants of these Protective Covenants as provided in Article 15 herein.
No amendments may remove, revoke, or modify any benefit, right or privilege of
the DECLARANT hereunder without the written consent of the DECLARANT or the assignee
of such right or privilege.
• �,r :. y' .i r.r :.,Ir• erru�" • a.:.rr: r.rMFOASM
In the case of failure of au Owner or any Golf Course owner/Operator to comply
with the terms and provisions contained in these Protective Covenants, the Articles, the By -Laws
or Rules and Regulations of the Association, the following relief shall be available:
18.1 fit. The Association, the DECLARANT and any Owner, an
aggrieved Owner within Magnolia Greens on behalf of the Association or any Owner on behalf
Of all the Owners within Magnolia Greens shall have the right to enforce by any proceeding at
law or in equity, all of the conditions, covenants and restrictions of these Protective Covenants
and the Articles. By -Laws and Rules and Regulations of the Association and any and all laws
hereinafter imposed pursuant to the terms of these Protective Covenants. Any owneAoperator of
— any Golf Course shall have the right to enforce any covenant, condition and restriction of these
Protective Covenants and the Articles, and the By -Laws which confers say right or privilege on
the owner/operator of the Golf Course. The prevailing party shall be entitled to collect all costs
thereof, including reasonable attorney's fees.
18.2 Rmia ft. The Association shall have the right to remedy the violation
and assess the costs of remedying same against the offending Owner as an individual assessment
as provided in Article 10 herein.
18.3 Suspension of Rights. For any violation by an Owner, including, but not
limited to, the nonpayment of any general, special or individual assessment, the Association shall
have the right to suspend the offending Owner's voting rights and the use by such Owner, his
agents, lessees, employees, licensees and invitees of the Common Arras and recreational
facilities in Magnolia Greens for any period during which a violation continues except that such
penalties may not be for more than sixty (60) days for violation of any of the Association's
published Rules and Regulations.
18.4 Eim. The Association may establish a schedule of fines for the violation
Of these Protective Covenants, the Articles, By -Laws and Rules and Regulations. If an Owner
does not pay the fine within 1S days the fine shall be an individual assessment against the
property and may be enforced by the Association in accordance with Article 10 herein.
18.5 Remedies Cumu iative. The remedies provided by this Article are
cumulative, and ate in addition to any other remedies provided by law.
1641PC 33

OKI191 FG I U C b
18.6 Waiver. The failure of the Association or any person or Owner to enforce
any restriction contained in these Protective Covenants, the Articles, the By -Laws or the Rules
and Regulations shall not be deemed a waiver of the right to do so thereafter.
19.1 DiApnte Resolution. If a dispute, controversy or claim (whether based
upon contract, tort, statute, common law or otherwise) (collectively, a "Dispute") involving the
DECLARANT arises from or relates directly or indirectly to Magnolia Careens, the development
of Magnolia Greens or these Protective Covenants, Articles, By -Laws or Rules and Regulations,
and if the dispute cannot be settled through direct discussions, the parties, including the
Association or any Owner or Builder, shall submit the dispute for resolution in a mediation
administered by the American Arbitration Association (the "AAA'J under its Commercial
Mediation Rules. The mediation shall be nonbinding on the parties. This section may not be
deleted or amended without the express written joinder by the DECLARANT.
19.2 Municipal Water. Sewer Service and Utilities. Municipal sewer service
may be provided by a municipal agency or department. Water service for the Properties may be
provided by a municipal agency or department, or by licensed utility company. If water service
to the Unit is available from a municipal agency or department or a licensed utility company, all
Owner(a) must tie into and use such system and shall not use a private well. No private well
shall be permitted on any Unit except for irrigation purposes or if municipal or community water
service is tot available and if approved in writing by the Committee. The Association has the
right to require removal of any unapproved well. The Board may require an Owner to connect to
reuse water for irrigation purposes. DECLARANT shall not be responsible for loss of service or
failure of any utility company to provide service to any Unit.
19.3 Amenities and Foginda. Every pads, recreation area, recreation facility,
dedicated access and other amenities appurtenant to the Properties, whether or not shown and
delineated on any recorded plat of the Properties, shall be considered private and for the sole and
exclusive use of the Owners of Units within the Properties. Neither DECLARANTS execution
nor the recording of any plat nor any other act of DECLARANT with respect to such area is, or
is intended to be, or shall be construed as a dedication to the public of any such areas, facilities,
or amenities.
19.4 Qmm= i Property. Commercial Property may be located adjacent to
Magnolia Greens, including along any entrance areas along Lanvale Road or U.S. Eighway 17.
These commercial properties will not be part of the Properties and will not be subject to these
Protective Covenants.
19.5 HUDNA Ap=yal. Annexation of additional properties, dedication of
Common Area(s) and amendment of these restrictions requires HUD/VA approval as long as
there is a Class B membership.
19.6 WaiYSI• No provision contained in these Protective Covenants, the
Articles of Incorporation or the By -Laws of the Association or the Rules and Regulations shall
be deemed to have been waived, abandoned, or abmogated by reason of failure to enforce them on
the part of any person as to the same or similar future violations. no matter how often the failure
to enforce is repeated.
19.7 yariances. The Board or DECLARANT in its discretion may allow
reasonable variances and adjustments of these Protective Covenants in order to alleviate practical
difficulties and hardship in their enforcement and operation. Any such variances shall not violate
the spirit or the intent of this document io create a Subdivision of Unix owned in fee by various
persons with each such Owner having an easement upon areas owned by the Association.
1641PC 34

BK 1 191 PG 1027
19.8 Conflict. In the event of any irreconcilable conflict between these
Restrictions and the By --Laws of the Association, the provisions of these Restrictions shall
control. In the event of any irreconcilable conflict between these Restrictions or the Laws of
the Association and the Articles of Incorporation of the Association, the bonsproviasrs Bthe
Articles of incorporation shall control.
19.9 SMMAbj jilt'. Invalidation of any one of these covenants or restrictions by
judgment or any court, agency or legislative order shall in no way affect any other provision,
covenants, conditions or restrictions contained in these Protective Covenants.
19.10 Cgoons, The captions preceding the various Articles of these Protective
Covenants are for the convenience of reference only, and shall not be used as an aid in
interpretation or construction of these Protective Covenants. As used herein, the singular
includes the plural and where there is more than one Owner of a Unit, said Owns arc jointly
and severally liable for the obligations herein imposed. Throughout these Protective Covenants,
references to the masculine shall be deemed to include the feminine, the feminine to include the
masculine and the neuter to include the masculine and feminine.
19.11 6sM90RhII9XOfRi9W and Liabilities.DECLARANT shall have the right
to sell, lease, transfer, assign, license and in any manner alienate or dispose of any rights,
interests and liabilities retained, accruing and reserved to it by these Protective Covenants.
Following any such disposition, DECLARANT in no way shall be liable or responsible to any
Ply with regard to any such right, interest, or liability or any claim or claims arising out of
same in any manner.
19.12 LiberalConstniction. The provisions of these Protective Covenants shall
be construed liberally to effectuate its purpose of creating a subdivision of fee simple ownership
of Units and buildings governed and controlled by rules, regulations, restrictions, covenants,
conditions, reservations and easements administered by an Owners' Association with each Owner
entitled to and burdened with the rights and easements equivalent to those of other Owners.
19.13 (Cumulative Rf m:t The covenants, restrictions, and provisions of these
Protective Covenants shall be cwnulative with those of any Village and the Association may, but
shall not be required to, enforce the covenants, conditions, and provisions of any Village;
provided, however, in the event of conflict between or among such covenants and restrictions,
and provisions of any articles of incorporation, By -Laws, rules and regulations, policies, or
Practices adopted or carried out pursuant thereto, those of any Village shall be subject and
subordinate to those of the Association. The foregoing Priorities shall apply, but not be limited
to, the liens for assessments created in favor of the Association.
19.14 Use of the Words Mbg oba Greens" No Person shall use the words
"Magnolia Greens" or any derivative or any other term which DECLARANT may select as the
name of the development or any component thereof in any printed or promotional material
without the DECLARANT'S or the licensee's prior written consent. However, Owners may use
the words "Magnolia Greens" in printed or promotional matter solely to specify that particular
Property is located within the Properties and the Association shall be entitled to use the words
"Magnolia Greens" in its name.
IN TESTIMONY WHEREOF, Landmark Developers, Inc., the DECLARANT,
has caused this instrument to be executed in its corporate name, this day of December,
1997.
(CORPORATE
ATTEST:
LANDMARK DEVELOPERS, INC.
I FINA ME M."M
SEAL)9
1641PC 35

C PA
8X1191PG1028
STATE OF NORTH CAROLINA
COUNTY OF Aki ) HanaVe.K
I, 51 , a Notary Public in and for the State and County aforesaid, do
certify that V : m,',;,; mad, ;„„:,;,personally came before me this day and acknowledged that
he/she is .�1— Secretary of Landmark Developers, Inc„ a North Carolina corporation the
foregoing instrument was signed in its name by its (CQ President, sealed with its corporate
seal, and attested by himself/herself as its Asg
Secretary.
WITNESS my hand and notarial stamp or seal, this the day of
^QK,ftLa/ .1997.
My Commission Expires:
A", ZM)
JNotary Public
Itl�
PllliW
NORTH CAROLINA �''w+iceuti�p6`
COUNTY OF JBRUNSWICK .
The foregoing certificate of [lO S • �''1
a Notary Public of ti ? co _ , North Carolina; is certified to be correct.
This the.' day of 1997. a
�OF
15EFV OF BR Wi COUNTY
BY: � Q
1641PC 36

BK 1, 191 PG 10 2 9
EXHIBIT A
BEING all of Phase I - Section I MAGNOLIA GREENS, recorded in Map Book 19, Pages 169
and 170 of the Brunswick County Registry.
BEING all of Phase I - Section Il MAGNOLIA GREENS, recorded in Map Book 19, Page 171
of the Brunswick County Registry.
BEING all of Phase I - Section IV MAGNOLIA GREENS, recorded in Map gook 19, Page 172
of the Brunswick County Registry.
1641PC 37

� / A
BK1191 FG1030
�r►,<{;ii ]�ltT3
BEING a tract of land located in Town Creek Township, Brunswick County, North Carolina, and
being more fully described as follows:
BEGINNING at a right-of-way monument, in the northern right-of-way of U.S.17, said
monument being located on the south side of a gate leading into the property, as shown on a map
titled "FETE GREGORY POOLE TRACT", prepared by Stuart Gooden, R.L.S., and dated May
31,1994; thence with said right-of-way South 54 degrees 56 minutes 00 seconds West, a
distance of 1111.44 feet; thence leaving said right-of-way North 45 degrees 36 minutes 40
seconds West, a distance of 272.41 feet, thence North 45 degrees 36 minutes 08 seconds West, a
distance of 2493.87 feet; thence North 45 degrees 35 minutes 59 seconds West, a distance of
1124.67 feet; thence North 48 degrees 44 minutes 35 seconds West, a distance of 1849.91 feet;
thence South 78 degrees 10 minutes 46 seconds West, a distance of 793.76 feet; thence North 66
degrees 50 minutes 57 seconds West, a distance of 1282AS feet to a point in SR 1438 (Lanvale
Road); thence North 11 degrees 09 minutes 18 seconds West, a distance of 344.20 feet to a point
in the centerline of Lanvale Road; thence with said centerline North 07 degrees 08 minutes 13
seconds West a distance of 690.45 feet; thence North 06 degrees 46 minutes 34 seconds West, a
distance of 441.28 feet thence North 09 degrees 45 minutes 03 seconds West, a distance of
128.86 feet thence North 14 degrees 28 minutes 52 seconds West a distance of 124.97 feet;
thence North 19 degrees 35 minutes 26 seconds West, a distance of 150.19 feet thence North 26
degrees 13 minutes 01 seconds West, a distance of 150.04 feet thence North 32 degrees 26
minutes 42 seconds West, -a distance of 179.45 feet thence North 36 degrees 09 minutes 42
seconds West, a distance of 178.45 feet thence North 36 degrees 09 minutes 42 seconds West, a
distance of 237.57 feet thence North 36 degrees 09 minutes 33 seconds West, a distance of
197.40 feet; thence North 36 degrees 08 minutes 44 seconds West, a distance of 246.56 feet;
thence North 36 degrees 09 minutes 33 seconds West, a distance of 198.67 feet thence North 35
degrees 57 minutes 10 seconds West, a distance of 188.63 feet thence North 35 degrees 22
minutes 08 seconds West, a distance of 52.73 feet; thence North 30 degrees 54 minutes 08
seconds West, a distance of 193.58 &et thence North 24 degrees 37 minutes 51 seconds West a
distance of 239.60 feet; thence leaving said centerline and with Sturgeon Branch North 72
degrees 40 minutes 07 seconds East, a distance of 30.21 feet thence North 72 degrees 59
minutes 08 seconds East, a distance of 150.37 feet; thence North 15 degrees 10 minutes 23
seconds East, a distance of 242.76 feet thence North 15 degrees 10 minutes 23 seconds East, a
distance of 242.76 feet; thence North 84 degrees 23 minutes 02 seconds East, a distance of
141.02 feet; thence North 55 degrees 24 minutes 41 seconds East, a distance of 313.03 feet;
thence North 40 degrees 17 minutes 58 seconds East, a distance of 94.28 feet;; thence North 03
degrees 42 minutes I8 seconds West, a distance of 48.90 feet thence North 89 degrees 55
minutes 04 seconds East, a distance of 138.95 feet; thence North 63 degrees 52 minutes 03
seconds East, a distance of 108.98 feet; thence North 41 degrees 05 minutes 41 seconds East, a
distance of 227.03 feet; thence North 36 degrees 48 minutes 37 seconds East, a distance of
204.72 feet; thence North 48 degrees 24 minutes 27 seconds East, a distance of 120.97 feet to a
point to the run of Rice Branch thence with said branch South 51 degrees 13 minutes 24 seconds
East, a distance of 35.93 feet; thence South 89 degrees 20 minutes 59 seconds East, a distance of
106.00 feet thence North 88 degrees 41 minutes 14 seconds East, a distance of 231.37 feet;
thence South 63 degrees 01 minutes 01 seconds East, a distance of 72.07 feet; thence south 30
degrees 31 minutes 05 seconds East, a distance of 88.34 feet; thence North 55 degrees 02
minutes 25 seconds East, a distance of 68.06 feet thence South 83 degrees 07 minutes 08
seconds East, a distance of 75.12 feet thence South 53 degrees 08 minutes 14 seconds East, a
distance of 49.51 feet thence South 37 degrees 05 minutes 03 seconds East, a distance of 77.72
feet; thence North 46 degrees 14 minutes 12 seconds East, a distance of 56.92 feet; thence South
50 degrees 58 minutes 00 seconds East, a distance of 39.22 feet; thence South 06 degrees 18
minutes 38 seconds West, a distance of 73.24 feet; thence South 17 degrees 06 minutes 48
seconds Bast, a distance of 3830 feet; thence South 63 degrees 48 minutes 32 seconds East, a
distance of 58.91 feet; thence North 45 degrees 05 minutes 05 seconds East, a distance of 170.10
feet thence South 25 degrees 36 minutes 41 seconds East, a distance of 133.07 feet thence
South 08 degrees 55 minutes 12 seconds West, a distance of 56.18 feet; thence North 73 degrees
37 minutes 44 seconds East, a distance of 70.25 feet; thence South 09 degrees 39 minutes 11
seconds East, a distance of 54.37 feet, thence North 77 degrees 45 minutes 53 seconds East, a
distance of 54.74 feet; thence South 65 degrees 56 minutes 51 seconds East, a distance of 118.51

BK 1 191 PG 10 31
feet; thence North 51 degrees 52 minutes 27 seconds East, a distance of 113.22 feet; thence
South 85 degrees 54 minutes 21 seconds East, a distance of 72.82 feet; thence North 35 degrees
31 minutes 42 seconds East, a distance of 74.71 feet; thence South 80 degrees 09 minutes 57
secomds Past, a distance of 94.27 fact; thence North 67 degrees 59 minutes 19 seconds East, a
distance of 103.53 feet; thence South 22 degrees 55 minutes 29 seconds East, a distance of 82.62
feet; thence North 45 degrees 55 minutes 16 seconds East, a distance of 67.70 feet; thence South
37 degrees 17 minutes 37 seconds East, a distance of 68.76 feet; thence North 53 degrees 44
minutes 53 seconds Fast, a distance of 58.17 feet; thence North 12 degrees 52 minutes 59
seconds West, a distance of 38.98 feet thence South 89 degrees 48 minutes 15 seconds East, a
distance of 58.32 feet; thence North 58 degrees 19 minutes 43 seconds East, a distance of 93.90
feet; thence South 63 degrees 38 minutes 13 seconds East, a distance of 47.06 feet; thence South
37 degrees 24 minutes 09 seconds Fast, a.distance of 54.13 fleet; thence North 43 degrees 32
minutes 32 seconds East, a distance of 36.22 feet; thence North 83 degrees 55 minutes 19
seconds East, a distance of 54.78 feet; thence South 82 degrees 53 minutes 15 seconds East, a
distance of 66.22 feet; thence North 45 degrees 30 minutes 43 seconds East, a distance of 102M
feet; thence North 73 degrees 09 minutes 53 seconds East, a distance of 138.11 feet; thence
North 20 degrees 04 minutes 19 seconds West, a distance of 80.59 feet; thence North 36 degrees
34 minutes 12 seconds East, a distance of 51.79 feet; thence North 34 degrees 47 minutes 49
seconds East, a distance of 76.72 fact; thence North 08 degrees 06 minutes 25 seconds East, a
distance of 12232 feet; thence North 71 degrees 30 minutes 52 seconds East, a distance of 75.69
feet; thence North 20 degrees 40 minutes 01 seconds West, a distance of 68.51 feet; thence North
61 degrees 42 minutes 35 seconds East, a distance of 93.25 feet; thence leaving said branch
South 20 degrees 33 minutes 06 seconds East, a distance of 291.98 feet; thence South 20 degrees
32 minutes 17 seconds East, a distance of 534.90 feet thence North 41 degrees 38 minutes 26
seconds East, a distance of 242.33 feet thence North 53 degrees 43 minutes 59 seconds East, a
distance of 347.56 feet; thence North 51 degrees 33 minutes 50 seconds East, a distance of
241.30 feet; thence North 67 degrees 45 minutes 59 seconds East, a distance of 681.05 feet;
thence North 70 degrees 01 minutes 48 seconds East a distance of 56393 feet; thence South 53
degrees 07 minutes 47 seconds East, a distance of 1460.15 feet; thence South 05 degrees 55
minutes 43 seconds East; a distance of 3955.76 feet; thence South 05 degrees 56 minutes 16
seconds East, a distance of 830.35 feet; thence South 05 degrees 55 minutes 43 seconds East, a
distance of 20.52 feet; thence South 89 degrees 43 minutes 05 seconds West, a distance of
1015.93 feet; thence South 02 degrees 20 minutes 58 seconds West, a distance of 943.79 feat;
thence South 01 degrees 12 minutes 44 seconds West, a distance of 822.48 feet; thence South 84
degrees 06 minutes 28 seconds East, a distance of 1876.12 feet; thence South 35 degrees 07
minutes 22 seconds East, a distance of 277.41 feet; thence South 34 degrees 55 minutes 00
seconds East, a distance of 155.49 feet; thence South 34 degrees 41 minutes 11 seconds East, a
distance of 373.23 feet; to a point in the Northern right-of-way of US HWY 17; thence with said
right of way South 5.4 degrees 55 minutes 59 seconds West a distance of 397.20 %et; thence
South 50 degrees 44 minutes 34 seconds West a distance of 170.35 fxh thence South 52 degrees
40 minutes 24 seconds West, a distance of 60.36 feet; to the Point of Beginning, containing
893.64 acres, and being tract "A" as shown on a map titled `°PIS+ GREGORY POOLE TRACT",
prepared by Stuart Gooden, R.L.S., and dated May 31,1994.
TRACI B
Being a tract of land located in Town Creek Township, Brunswick County,.North Carolina, and
being more fully described as follows;
Commencing from a GPS Control Point GPS 1 and having grid coordinates of N 52036.3724 E
698821.9324, South 12 degrees 51 minutes 52 seconds West a distance of 389.39 feet to the
Point of Beginning a New Iron Pipe Min the intersection of the Western right-ofway of a 170
foot CP&L transmission line easement and the southernmost property line of the James F.
Rogers Tract 1, as shown on a map entitled "MAP OF SURVEY FOR JAMB F. ROGERS OR
ASSIGNS", prepared by Sherwin D. Cribb and dated January 27, 1996.
Thence from the Point of Beginning North 84 degrees 05 minutes 35 seconds West, a distance of
779.25 feet to an iron pipe found; thence North 01 degrees 13 --minutes 07 seconds East, a
distance of 822.45 feet to an old Stone marked DLG; thence North 02 degrees 20 minutes 58
seconds East, a distance of 943.82 feet to an old Stone marked DLG; thence North 89 degrees 43
minutes 29 seconds East, a distance of 327.54 feet to an iron pipe set in the intersection of the
western right-of-way of a 170 foot CP&L transmission line easement and the Northernmost
property line of the James F. Rogers Tract 1; thence with the Western right -of --way of said

BK 1 191 PG 1032
easement a New Line South 11 degrees 57 minutes 5.1 seconds Fast a distance of 1888.07 feet to
the Point of Beginning; containing 22.885 acres as shown on a map prepared by McKim & Creed
Engineers entitled `Boundary Survey of A Portion of.James F. Rogers Tract 1" and dated
January 20, 1997.