SW8880805_CURRENT PERMIT_19880819

STORMWATER DIVISION CODING SHEET
POST-CONSTRUCTION PERMITS
PERMIT NO. SW8 g o o S
DOC TYPE © CURRENT PERMIT
❑ APPROVED PLANS
❑ HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE g a g q
YYYYMMDD

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State of North Carolina
Department of Natural Resources and Community Development
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
S. Thomas Rhodes, Secretary
DIVISION OF ENVIRONMFjffAL NANAGENENi
August 19, 1988
Mr. Basil J. Hurst
Post Office Box 1126
Swansboro, North Carolina 28584
Subject: Determination of Compliance
with Stormwater Regulations
The Landing
Onslow County
Project #880805
Dear Mr. . Hurst:
The Wilmington Regional Office received the Stormwater
Management submittal for the subject project on August 8,
1988. Based on our review of the project documents, we
have determined that the project complies with the
Stormwater Regulations set forth in Title 15 NCAC 2B.1000.
If you have any questions concerning this matter, please
contact me at (919) 256-4161.
Sinc XJI Signed By
A. PRESTON HOWARD, ill
A;-Preston Howard, -Jr. , P.P.
Regional Supervisor
APH:meh
cc: Bill Mills
WiRO, CF
Kenneth M. Seigler
7225 %Vriphtc%ille Accnue. %Vilmintnoe, INC. -'.54t13-3696 • lclephone 919256-4161
An Equal Oppotumin AH"man"C .Action Employer

DIVISION OF ENVIRONMENTAL MANAGEMENT
Submittal Form for Projects Using Density Limits for 1CGGIV D .
Control
G 0 8 1988
PROJECT DATA U
# ���
Wilmington Regional Offico
Name of- Project: The Landing
Location (County, Township/ iunisi ality, Address ) :
Onslow County, Swansbboro ; owns ip
Applicant Name: Basil J. Hurst
Mailing Address: P.O. ox 1126 Swansboro, NC 28584
Phone No. : 326-5754
Submittal Date: July 29 , 1988
Brief Description ( include map and appropriate drawings) :
Water Body Receiving Stormwater Runoff:
Name of Water Body: Bear Creek
Classification of Water Body: SA
Total Area of Proposed Project (acres) : 7. 25
State/Federal Permits and Approvals Required:
(Check Appropriate Blanks)
CAMA Major Sedimendation and Erosion Control X
404 Permit DEM/DHS Sewage Disposal
Other ( specify) :
CALCULATION OF BUILT-UPON AREA
(Built-upon area means that portion of an individual development
that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, etc. but
not including decking. )
a) Built-upon area: .986 AC
b) Total project area: 7. 25 AC
% built-upon = built-upon / total project area * 100
% built-upon area = 13.6%
If the water body receiving stormwater runoff is classified as
SA, is the % built-upon area < 25%? Yes X No
If the water body receiving stormwater runoff is classified other
than SA, is the % built-upon area < 30%? Yes No
STORMWATER COLLECTION SYSTEM
Is the only kind of stormwater collection system grass swales?
Yes % No
(Grassed-line swales should have a side slope of 3 : 1 (H:V) or
less . )

If no, please provide a detailed description.
BUFFER AREA
Is the built-upon area at least 30 feet from mean high water of
all surface waters? Yes X No
If no, please ,provide a detailed description.
(Note: Only boat ramps, public roads, public bridges and
walkways to water .related facilities are allowed within .30 feet
of mean high water if the project is intended to meet stormwater
control requirements through density limits. )
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
Do the deed restrictions and protective covenants ensure that
subdivisions maintain the development consistent with the plans
and specifications approved by the division an include the State
as a beneficiary of the restrictions? Yes No
( Include a copy of the . restrictions and covenants with this
form. )
CERTIFICATION
I, Basil J. Hurst
certify that the information
included on this submittal form is correct, that the project will
be constructed in conformance with this information, and that to
the best of my knowledge, the proposed project complies with the.
requriement of e1 "iNCAC . 1003 ) .
Signatur ner or Agent to
Address
If agent, please list ,owner' s name and address below:
DIVISION OF ENVIRONMENTAL MANAGEMENT SIGN-OFF
Regional Office JJ//
D e Individual Evaluating Forms/Plant
-
. Date Regional Wa6er Qual�,ty Supervisor
Cc: Applicant/Region/Mills/CF

NORTH CAROLINA : AUG 15
ONSLOW COUNTY : D E M
PROJ #
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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS
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it THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS, made this day of 1988 ,
�i by BASIL J . HURST , of Onslow County , North Carolina ,
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hereinafter referred to as "Declarant" ;
W I T N E S S E T H:
WHEREAS, Declarant is the owner of certain property in
Swansboro Township , County of Onsl.ow., State of North
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Carolina , which is more particularly described as follows :
it The real property which is , and shall be held ,
transferred , sold and conveyed subject to the protective
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covenants set forth in the articles of this Declaration is
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located in the County of Onslow, State of North Carolina, and
is more particularly described as follows :
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NOW, THEREFORE, Declarant hereby declares that all of
the properties described above shall be held , sold and C
conveyed subject to the following easements , restrictions ,
covenants , ana conditions , which are for the purpose of
protecting the value and desirability of, and which shall run
with the real property ana be binding on all parties having
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any right , title or interest in the described properties or
any part thereof , their heirs , successors and assigns , ana
shall inure to the benefit of each owner thereof.
ARTICLE I
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DEFINITIONS
SECTION 1 . "Association" shall mean and refer to
�I The Lancing Homeowners' Association , Inc . , its successors and
assigns .
SECTION 2 . "Owner" shall mean and refer to the
record owner , whether one or more persons or entities , of a
fee simple title to any Lot which is a part of the
Properties , including contract seller , but excluding those
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having such interest merely as security for the performance
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of an obligation .
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SECTION 3. "Properties" shall mean and refer to that
certain real property hereinbefore described , and such
it additions thereto as hereafter be brought within the
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I� jurisdiction of the Association .
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SECTION 4 . "Common Area" shall mean all real
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iproperty ownea by the Association for the common use and
enjoyment of the owners. The Common Area to be -owned by the
Association at the time of the conveyance of the first lot is I
described as follows :
As shown on plat attached hereto and marked Exhibit "A" .
SECTION 5 . "Lot" shall mean and refer to any plot ,of
lano shown upon any recorded subdivision map of the
Properties with the exception of the Common Area .
Ili SECTION 6 . "Declarant" shall mean and refer to
Basil J . Hurst , or any person- or entity assigned rights as
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Declarant by Basil J . Hurst .
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ARTICLE II
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PROPERTY RIGHTS
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SECTION 1 . Owners' Easements of Enjoyment . Every
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lowner shall have a right and easement of enjoyment in and to
the Common Area which shall be appurtenant to and shall pass
j with the title to every Lot , subject to the following
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provisions :
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( a) the right of the Association to charge reasonable
admission and other fees for the use of any recreational
facility situated upon the Common Area;
( 0 ) the right of the Association to limit the number
of guests of rnembers ;
( c ) the right of the Association to suspend the
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voting rights and right to use the other facilities within
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the Common Area by the Owner for any period during which any
assessment against his Lot remains unpaid ; and for a 'period
not: to exceed sixty ( 60 ) days for any .inCraction of its
published rules and regulations ;
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(d ) the right of the Association to dedicate or,
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transfer all or any part of the Common Area to any public
agency , authority , or, utility for such purposes and subject
to such conditions as may be agreed to by the members . No
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instrument signed by two-thirds (2/3 ) of each class of
members agreeing to such dedication or transfer -has been
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recorded ;
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( e) the right of the Association to impose
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regulations for the use and enjoyment of the Common Area and
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improvements thereon , which regulations may further .restrict
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the use of the Common Area .
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SECTION 2. Delegation of Use . Any Owner may dele-
gate , in accordance with the By-Laws , his right of enjoyment
to the Common Area and facilities to the members of his
family , his tenants , or contract purchasers who reside on the
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property .
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SECTION 3. Maintenance of Common Area . The i
Association shall be responsible for the total maintenance
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l ana improvement of the Common Area .
ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
SECTION 1 . Every Owner of a Lot which is subject to
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assessment shall be a member of the Association . Membership
�i shall be appurtenant to and may not be separated from owner-
ship of any Lot which is subject to assessment .
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SECTION 2. The Association shall have two 'classes of
voting membership :
Class A . Class A members shall be all Owners with the
it exception of the Declarant and shall be entitled to one vote
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for each Lot owned . When more than one person holds an
interest in any Lot , all such persons shall be members . The
vote for such Lot shall be exercised as they among themselves
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determine , but in no event shall more than one ( 1 ) vote be
cast with respect to any Lot .
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Class B . The Class B member( s) shall be the Declarant
and shall be entitled to three (3 ) votes for each Lot owned .
The Class B membership shall cease and be converted to Class
A membership on the happening of either of the following
events , whichever occurs earlier :
( a) when the total votes outstanding in Class A
IImembership equals the total votes outstanding in the Class B i
membership, or
( b) upon six ( 6 )p years after the date of the
Declaration .
ARTICLE IV '
COVENANTS FOR MAINTENANCE ASSESSMENTS
SECTION 1 . Creation of the Lien and Personal Obliga-
tion of Assessment . The Declarant , for each Lot owned with
the Properties, hereby covenants, and each Owner of any Lot
by acceptance of a deed therefore , whether or not it shall be
I, so expressed in such deed , is deemed to covenant and agree to
jpay to the Association :
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( 1 ) annual assessments or charges , and
(2 ) special assessments for, capital improvements,
such assessments to be established and collected as
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hereinafter provided -
The annual and special assessments , together with
interest , costs and reasonable attorney' s fees, shall be a
charge on the land ana shall be a continuing lien upon the
property against which each assessment is made . Each such .. ,. _
assessment , together with interest , cost and reasonable
attorney' s fees , shall also be the personal obligation of the
person who was the Owner of such property at the time when
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the assessment fell due . The personal obligation for aelin-
quent assessments shall not pass to his successors in title
unless expressly assumed ' by them but such charge shall
continue to be a lien against the property until paid .
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SECTION 2. Purpose of Assessments . The assessments
levied by the Association shall be used exclusively to
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promote the recreation , health , safety, and welfare of the
residents :in the Properties and for the improvements and
maintenance of the Common Area as herein defined .
SECTION 3. Maximum Annual Assessment . Until January
1 , of the year immediately following the conveyance of the
rirst Lot to an Owner the maximum annual assessment shall be
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Une ,Bunared and 00/100 ( $100 . 00 ) Dollars per lot to be paid
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at closing .
( a) From and after January 1 of the year immediately
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following the conveyance of the first Lot to an Owner , the
maximum annual assessment may be increased above five (5% )
percent by a vote of two-thirds (2/3 ) of. each class of ..
members who are voting in person or by proxy, at a meeting
duly called for this purpose . The Board of Directors may fix
the annual assessment to an amount not in excess of the
maximum,
SECTION 4 . Special Assessments for Capital
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Improvements . In addition to the annual assessments
authorized above , the Association may levy , in any assessment
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year , a special assessment applicable to that year only for
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ji the purpose of defraying , in whole or in part, the cost of
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any construction , reconstruction , repair or replacement of a j
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it capital improvement upon the Common Area, including fixtures
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and personal property related thereto , provided that any such
assessment shall. have the assent of two-thirds (2/3 ) of the
votes. of each class of members who are voting in person or by
proxy at a meeting duly called for this purpose .
SECTION 5 . Notice and Quorum for Any Action
j Authorized Under Section 3 and 4 . Written notice of any
meeting called for the purpose of taking any action
authorizer under Section i 3 and 4 shall be sent to all members
inot less than 30 days nor, more than 60 days- in advance of the i
meeting . At the first such meeting called , the presence of
members or of proxies entitlea to cast sixty ( 60% ) percent of
Ij all the votes of each class of membership shall constitute a
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quorum . If the required quorum is not present , another
meeting may be called subject to the same notice requirement ,
�I and the required quorum and the subsequent meeting shall be
one-half ( 112 ) of the required quorum at the preceding .
meeting . No such subsequent meeting shall be held more than
sixty ( 60 ) days following the preceding meeting .
SECTION 6 . Uniform Nate of Assessment . Both annual
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and special assessments must be fixed at a uniform rate for
all Lots and may be collected on a monthly basis . The amount
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of the annual assessment for Lots owned by Class B members j
shall not be less than twenty-five (25% ) percent of the
amount of the annual assessment on Lots owned by Class A
members .
SECTION 7 . Date of Commencement of Annual
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Assessments: Due Dates : The annual assessments provided for
herein shall commence as to all Lots on the first day of the
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month following the conveyance of the Common Area . The first
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annual assessment shall be adjusted according to the number
of months remaining in the calendar year . The Board of
Directors : ha.l.l f' .x the amounL of• the annual assessment
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against each Lot at least thirty ( 30 ) days in advance of each
annual assessment period . Written notice of the annual
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assessment shall be sent to each Owner subject thereto . The
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due dates shall be established by the Board of Directors and
ill the Board of Directors shall have the authority to require -
the assessments to be paid in pro-rata monthly installments .
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The Association shall , upon demand , and for a reasonable
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charge , furnish a certificate signed by an officer of the
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�l Association setting forth whether the assessment on a
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specified Lot has been paid .
SECTION 8 . Payment of Assessments . Beginning
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January 1 of the year immediately following the conveyance of
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the first lot to an owner and for a period of five (5 ) years
thereafter the annual assessment for each lot owner shall be i
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paid to The Landing Homeowners' Association , Inc . , at
NC 28540 , to be
jdeposited i.n art account which shall be monitored by Basil J . j
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Hurst . In consideration of such payment , Basil J . Hurst
shall be responsible for maintaining . in good condition the
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Common Area herein referred to . After the five (5 ) year term
above rererrea to , the Homeowners Association shall be
responsible for the collection of the Homeowners due from
each lot owner and for selecting such Agency or Company as it
deems ativisable to maintain and keep the Common Area in good
repair and condition .
SECTION 9 . Effect of Nonpayment ofAssessments:
li Remedies of the Association . Any assessment not paid
within thirty ( 30 ) days after the due date shall bear
interest from the due date at the rate of nine (9% ) percent
per annum . The Association , or .its authorized designee , may I
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bring an action at law against the Owner personally obligated
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to pay the same , or foreclose the lien against the property . i
No owner may waive or otherwise escape liability for the .
assessment provided for herein by non-use of the Open Spaces
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or abandonment of his Lot .
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SECTION 10 . Subordination of the Lien to Mortgages .
The lien of the assessment provided for herein shall be
� subordinate to the lien of any first mortgage . Sale or i
transfer of any lot shall not affect the assessment lien .
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However , the sale or transfer of any Lot pursuant to mortgage i
foreclosure or any proceeding in lieu thereof, shall
extinguish the lien of such assessments as to payments which
became due prior to such sale or transfer . No sale or
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transfer shall relieve such Lot from liability for any
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it assessments thereafter becoming due or from the lien thereof.
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ARTICLE V
USE RESTRICTIONS
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SECTION 1 . Land Use and Building Type .
( a) No Lot or Lots shall be put to any use other than
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for residential purposes , except that any Lot may be used by
the Declarants for a street or roadway , in the absolute
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discretion of the Declarants .
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( b) No building shall be used except for residential
purposes . No structure shall be erected , altered , placed , or
permitted to remain on any Lot other than one detached single
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family residence not to exceed two and one-half ( 2-1 /2 )
stories in height , a private garage which may contain living
quarters for occupancy by domestic servants of the lot
occupants only , and such other outbuildings as may be
jreasonably appurtenant to the dwelling., provided that the
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same are constructed in line with the general architectural
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design and construction standards used in the dwelling
itself . Carport shall be attached to the dwelling at only I '
the rear portion of the dwelling . No portion of the carport
shall extend beyond the sideline of the dwelling . This
covenant shall not be construed to prohibit the use of a new
single family dwelling as a model home for sale purposes .
( c) Clotheslines shall be permitted only in the rear
portion of the dwelling not to extend beyond the sidelines of
the dwelling .
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it ( d ) 140 more than 4875 . 86 square feet of any lot shall be
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covere by structures and or, paved surfaces, including walkways I
Igor patios of prick , stone , slate or similar materials . This
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covariant i.s intended to insure cuntinued complaiance with storm
water, runoff rules adopted by the State of North Carolina and
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therefore benefits may be enforced by the State of North
Carolina ..
SECTION 2 . Nuisances . No noxious or offensive activity
shall be carriea on upon any Lot or the Common Area , nor shall
anything be done thereon which may be or may become an annoyance
for nuisance to the neighborhood .
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SECTION 3. Temporary Structures . No structure of a
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temporary character , no trailer , modular home transported on
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( chassis and axles, manufactured home , basement , tent , shack,
garage , barn or other outbuilding shall be used on any Lot at
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lany time as a residence either temporarily or permanently .
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SECTION 4 . Satellite Antennas , Dishes and other,
;Antennas .
( 1 ) No conventional or satellite television or radio
lantennas or dishes may be located on any lot unless the size ,
appearance and location thereof be first approved by The Landing
Homeowners Association .
(2 ) In approving or denying a request for a conventional
or satellite television or radio antenna or dish , the Homeowners
Association shall consider and require the following rules :
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( a) A ground mounted conventional or satellite
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television or radio antenna or dish may be
placed on a lot in the rear yard only , provided
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IIthat such is located no closer than 10 feet
from any side lot line and no closer than 15
i feet from any rear lot line or boundary of any
utility or drainage easement .
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( b ) No conventional antenna or satellite television
or radio antenna or dish shall be located in
l any buffer area , common area, public right of
way or drainage or, utility easement .
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( e ) No satellite dish , antenna or microwave dish
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l may oe located on the roof of any dwelling ,
garage or other building .
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( 0 ) No lot may have more than one satellite tele-
vision antenna or dish ano such antenna or dish
may not exceed 10 feet in height as measured
from the ground to the highest part of the
antenna or dish and shall not exceed 12 feet in
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diameter at the widest part of the dish .
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�I ( e) The color of any ground mounted satellite
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television antennas or dishes shall be dull
dark brown , dull black or dull forest green and
may be repainted only with the original colors .
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( f) Antennas or dishes located on any lot shall be
surrounded on all sides with any one or combin-
ation of evergreen vegetation , landscaping
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I earth berms or fencings of the types and
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designs permitted in these covenants , so that
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the view of the lower two thirds (2/3 ) of the
dish area is restricted from ground level view
by persons on streets and surrounding lots ;
Such screening shall be planted or installed
not later than 30 days after the placement of
jl the antenna .
(g) All conventional television , satellite or
radio antennas or dishes shall be grounded
against direct lightning strikes , shall be
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erected in a secure , wind resistant manner and
shall utilize only wiring or other connecting
leads that are buried underground .
l SECTION 5 . Recreational Vehicles . No boat , motor boat ,
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licamper , trailer , motor home or mobile home , or similar type f
( vehicle , shall be permitted to park or remain on any portion of
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H the Properties , for any purpose unless it is parked behind the
main dwelling structure or placed inside the carport or garage .
IThi.s restriction shall not , however , prohibit the use of such

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( temporary structures by builders or developers during and in the I
course of construction and sales of dwellings upon said lots.
SECTION 6 . Animals . No animals , livestock , or poultry
of any kind shall be raised , bred , kept or maintained on any Lot
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or in any dwelling except that dogs, cats or other, household
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pets may be kept or maintained provided that they are not kept
brea or maintained for commercial purposes and are at all times
1properly leashed or confined .in an approved fenced area .
SECTION 7 . Signs . No sign of any kind shall be
�idisplayed to the public view on any lot except one
; professional sign of not more than one ( 1 ) square foot
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parallel to the builu:irrg line , one sign of not more than
three ( 3 ) square feet advertising the property. for sale or
ren"t , 'or signs used by a builder to advertise the property
( during the construction and sales period . i
SECTION 8 . Garbage and Refuse Disposal . No lot
Ishall be used or maintained as a dumping ground for rubbish .
( Trash, garbage or other waste shall not be kept except in
(' sanitary containers . All incinerator or other equipment for
! the storage or disposal of such materials shall be kept in a
clean and sanitary condition . Garbage cans shall not be
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permitted to remain in the front yard except for normal
(garbage pickup .
SECTION 9 . Sight Distance at Intersections . No
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fence , wall , hedge or shrub planting which obstructs sight
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lines at elevations between two (2) and six (6 ) feet above I
ithe roadways shall be placed or permitted to remain on any
corner lot within the triangular area formed by the street
property lines and a line connecting them at points i
litwenty-five (25 ) feet from the intersection of the street
lines , or in the case of a rounded corner , from the
!intersection of the street lines extended . The same sight
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dine limitations shall apply on any lot within ten ( 10 ) feet
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from the intersection of a street property line with the edge
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lof a. driveway or alley pavement . No tree shall be permitted
Ito remain i.rr r•:ieYrts of way wi.thiri such sight distances of
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such intersection unless the foilage line is maintained at
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sufficient height to prevent obstruction of such sight lines.
SECTION 10 . Storage of Vehicles . No vehicles parked
as a result of failure to operate properly and/or not legally
allowed to operate on public roads are strictly prohibited
and shall be removed promptly at the expense of the owner(s)
of the lot . No recreational vehicle , boat or trailer may be
stored in any front or side yard .
SECTION 11 . Lot Clearance . The clearing of lots
shall be limited to those areas necessary for the
construction of houses, driveways , and walks, with specific
limitations wherein the natural landscape of the lot
including all trees shall be left in their natural state .
SECTION 12. Facing . Asbestos siding , concrete block
or cinder block shall not be used as the exterior facing of
I� any building or structure except for decorative purposes no
it more than ten ( 10% ) percent of the surface of an elevation
may be used .
SECTION 13. Tolerance . Regardless of any other
provision hereof, there shall be a tolerance or variation of
ten ( 10% ) -percent as to minimum building lines .
SECTION 14. Dwelling Quality and Size .
The ground floor area of the main structure , exclusive of
one-story open porches and garages, shall be not less than
1500 square feet for a one-story dwelling , nor less than 800
It square feet for a dwelling of more than one story.
SECTION 15 . Building Location . No building shall be
located on any corner lot nearer- than 35 feet to the front
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line nor nearer than 17 . 5 feet to any side street line .
Where a corner lot is involved , " front lot line" shall be
deemed to be that line toward which the main structure
fronts . No building shall be located with respect to side
it lot lines so as to be nearer than 10 feet to either such
line . No dwelling shall be located on any interior lot
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IInearer than 35 feet to the front lot line nor nearer than 10
feet to the rear lot line , and no garage or other permitted
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accessory building shall be located nearer than 10 feet to
the rear lot line , . and not limited to but including those
areas lying against and adjoining the Comon Area easement .
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For the purposes of this covenant , eaves, steps, and open
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porches shall not be considered as part of a building
provided , however , that this shall not be construed to permit
any portion of a building on a lot to encroach upon another
lot . An error of not more than 10 percent in the location of
a building on the lot with respect to the minimum set back
lines shall not be considered a violation of this covenant .
SECTION 16 . Building Plans and Specifications . No
building , fence , wall or other structure shall be commenced ,
erected or maintained upon the properties, nor shall any
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exterior addition to or change or alteration therein be made
until the plans and specifications showing the nature , kind ,
shape , height , materials , and location of the same shall have
been submitted to and approved in writing as to harmony of
external designs and location in relation to surrounding
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structures , and topography by the Declarant . In the event the
Declarant fails to approve or disapprove such design and
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location within thirty ( 30 ) days after said plans and
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specifications have been submitted to it , approval will not
IIbe required and this Article shall be deemed to have been
fully complied with , except , however , no dwellings or other
building shall be erected upon any lot unless the plans and
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4 specifications thereof meet or exceed the requirements of
"minimum property standards for one and two living units. "
(FHA No . 300 ) Federal Housing Administration .
II SECTION 17 • Erection of Fences . No fences over five
( 5 ) feet in height shall be constructed except between the
back building line of the house and the back lot line .
Property owners having special circumstances and desiring
fences over five (5 ) feet in height must apply to the Board
of Directors of the Association for approval of style ,
construction and building materials . No fence shall be
li erected between the back building line and the street right
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of way line unless such fence shall be of an ornamental
nature . Brick and split-rail fences shall be deemed to meet
the requirements of this restriction . All fences and i
surrounding grounds on all sides must be mowed , edged and
fences maintained in a proper, order at all times by the lot I
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owner and a violation of such restriction shall subject the
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property owner to action by the Homeowners Association as
well as special assessments to remedy such violation .
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i SECTION 18 . Driveway Connections , Mailboxes and
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Other Structures . No driveway connections , mailboxes or any
other structures shall be constructed or permitted to remain
upon any lot which adjoins a collector street within that
area of the lot that lies between the street right of way, as
shown on the approved plat , and the pavement of the collector
street .
ARTICLE VI
EASEMENTS
ISECTION 1 . Easements for the installation and
maintenance of utilities and drainage facilities are reserved
as -referenced to on the recorded plat and over the rear ten
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feet of each lot . Within these easements , no structure ,
planting or other materials shall be laced or P g p permitted to I
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remain which may damage or interfere with the installation or
maintenance of utilities, or which may obstruct or retard the
flow of water through drainage channels in the easements .
The easement area of each lot and all improvements in it
shall be maintained continuously by the owner of the lot ,
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except for those improvements for which a public authority
assumes control ano maintenance or for which a utility
company is responsible .
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SECTION 2. There exists a twenty-five (251 ) foot
clearing easement or buffer over the rear portion of each lot
that adjoins a collector street . No trees may be cut or
removed from this easement area .
I SECTION 3. Easements are also reserved over those
portions of the Common Area that may be necessary or required
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to accommodate overhanging eaves or other cantileverea
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air ana :Light space above such Common Area .
SECTION 1 , Utilities . Notwithstanding anything
herein to the contrary , the Declarants reserve for
themselves , their successors and assigns , an easement and
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right at any time in the future to grant a right of way
under , over and along the side rear and front I , g property lines
jof each and every lot in the subdivision described herein ,
for the installation and maintenance of poles, lines ,
conduits , pipes and other equipment necessary to or useful i
for furnishing electric power , water , sewer, gas , telephone
service , drainage or other utilities .
The Declarants further reserve -the right to subject
the real property described herein to a contract with _
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underground electric cables and/or the installation of street
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lighting , either or both of which may require an initial
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payment and/or continuing monthly payment to
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by the owner of each building located .
within said subdivision .
ARTICLE VII
EXTERIOR MAINTENANCE
jIn the event an owner of any Lot in the Properties
shall fail to maintain the premises and the improvements
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situated thereon in a manner satisfactory to the Board of
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Directors , the Association , after approval by two-thirds
(2/3 ) vote of the Boards of Directors , shall have thr right ,
through its agents and employees, to enter, upon said parcel
and to repair , maintain , and restore the Lot and the exterior
of the buildings and any other improvements erected thereon .
The cost of such exterior maintenance shall be added to and
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become part of the assessment to which such Lot is subject .
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II ARTICLE VIII
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GENERAL PROVISIONS
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SECTION 1 . Enforcement . The Association or any
Owner , shall have the right to enforce , by any proceeding at
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law or in equity, all restrictions , conditions, covenants,
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reservations , liens and charges now or hereafter imposed by
ithe provisions of this Declaration . Failure by the
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Association or by any Owner to enforce any covenant or
restriction herein contained shall .in no event be deemed a
waiver of the right to do so thereafter .
SECTION 2. Severabilit . Invalidation of any one of
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shall in no way affect any other provisions which shall
remain in fu.11 force and effect .
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SECTION 3 • Restriction on Alienation Notwith-
standing anything contained herein to the contrary , the
Association shall not alienate in any way or transfer -all or
j any part of the Common Area without the prior approval of all
holders of outstanding first priority mortgages against any
of the Properties , that are subject to this Declaration ,
prdvided , however , this restriction shall not be applicable
to grants of easements for utilities , storm sewer , sanitary
sewer , road rights of way , and other conveyances for
dedication to the public .
. SECTION 4 . Amendment . The covenants and
restrictions of this Declaration shall run with and bind the
land , and shall inure to the benefit of and be enforceable by
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the Association , or the owner of any Lot subject to this
IlDeclaration , their respective legal representatives, heirs,
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successors , and assigns , for a team of twenty (20 ) years from
,Ithe date this Declaration is recorded , after which time said
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covenants shall be automatically extended for successive I.
periods of ten ( 10 ) years . The covenants and restrictions of
this Declaration may be altered , modified , changed or amended
at any time by a written instrument signed by not less than �
two thirds ( 2/3 ) of the Lot Owners , provided that no
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amendment shall alter any obligation to pay ad valorem taxes
or assessments for public improvement , as herein provided , or
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affect any lien for the payment thereof established herein .
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Any amendment must be properly recorded in the office of the
Register of Deeds of Onslow County .
SECTION 7 . Mergers and Consolidations . The
Declarant may participate in mergers and consolidations with
other nonprofit corporations organized for the 'same purposes
or annex additional res.identia.l property and Common Area ,
provided that any such merger , consolidation or annexation
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ishall have the assets of two-thirds (2/3 ) of each class of
members.
SECTION 8 . FHA/VA Approval . As long as there is a
Class B membership , the following actions will require the
prior approval of the Federal Housing Administration or the
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Veterans Administration : Annexation of additional
properties, dedication of Common Area, and amendment of this
Declaration of Covenants , Conditions and Restrictions .
SECTION 9 . BINDING . These Covenants are to run with
the land and shall be binding on all parties and all persons
cLai.ming under them .
IN WITNESS WHEREOF , Basil J . Hurst has hereunto set
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his hand and seal this the day and year first above written .
Basil�J . Hyr*st
v
NORTH CAROLINA
ONSLOW COUNTY
��
I ,�oyc��� iC'•l L,f` xL,t`, a Notary Public in and for �
the County and State aforesaid , do hereby certify that BASIL
J . HURST personally appeared before me this day and
acknowledged the due execution of the foregoing instr ment .
WITNESS my hand and notarial seal , thii�,, ,h.,e z9"1` day.
of July , 1988 . .,.•��QS. sot 0I'll
WIT
r Notary ubl44o- t
°yi PUBLIC
My Commission Ex�ires : cou
s�'•. :''�''�
Ow
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