20110756 Ver 1_Emails_20160809

From: 8urdette,Jennifer a
Sent: Tuesday, August U0' 2016 12:51 PM
To: '|awyejoe3@gmaiicom'
Cc 'RDLE|ecthc'
Subject: LantryVahance
Attachments: Deed Restriction Examp|e.pdf
Joe,
Mr. Lantrycontacted rneinJune. We do not yet have a model restrictive covenant to ensure compliance with
major variance approvals. I've been planning toput one together, but have not had achance yet.
Attached is an example from another major variance that may be helpful to you. Please send the draft
document tornefor review prior torecordation.
Thank you,
Jennifer
JenniferBunJette
401/BufferCnnrdinotor
Division nfWater Resources -4U1 & Buffer Permitting Branch
Department nfEnvironmental Quality
Q1Q8U76364office
1617Mail Service Center
Raleigh, NC276QQ-1617
(Physical Address: 512N. Salisbury St, Raleigh, NC278O4-QmFlrArchdale Bldg — Room Q42F)
Email oorrespoclenmeto and f�omthlo; address o;out-Yect to t1he
NodhCano8na Public Records Lam/and may bedisclosed &oM7irdpadies,
From: Chapman, Amy
Sent: Monday, August 08 20I6I2:24PM
To: 8urdette'Jennifer a`Jennifer.8urdette@ncdenr.8ov>
Subject: FW:
|sthis yours?
From: Joe Kosko
Sent: Monday, August 08, 2016 12:05 PM
1

To: Chapman, Amy <[e-mail]>
Subject:
Hello Amy,
Bob Lantry contacted me regarding the attached. He states you want a new deed, but the wording tells me you a
restrictive covenant. Also, it says it must be approved by your office. Do I send it to you.
Thanks,
Attorney Joe Kosko
2280-1 New River Inlet Rd.,
North Topsail Beach, NC 28460
910/515-1384
919/710-8264 fax
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DECLARATION OF COMPLIANCE OF STREAM & BUFFER REGULATIONS
LOT 21, BOOK OF MAPS 2004, PAGE 2254, WAKE COUNTY REGISTRY
(TITLE 15A NCAC 2B.0200)
Prepared by/retum to: Nicholls & Crampton, PA (FTN)
Brief Description: Lot 21, BM 2004-2254; 2700 Manning Place, Raleigh, NC 27608
THIS DECLARATION OF COMPLIANCE OF STREAM & BUFFER
REGULATIONS FOR LOT 21, BOOK OF MAPS 2004, PAGE 2254, WAKE COUNTY
REGISTRY, ("Agreement") is made as of the _ day of April, 2016, by TRUSWOOD
PROPERTIES, LLC, a North Carolina limited liability company ("Declarant").
RECITALS:
WHEREAS, Declarant is the owner of Lot 21, as the same is shown on that plat recorded
in Book of Maps 2004, Page 2254, Wake County Registry (the "Lot"); and
WHEREAS, a portion of the Lot has been determined to meet the requirements for
designation as a stream and protected stream buffer; and
WHEREAS, Declarant desires to ensure continued compliance with all rules adopted by
the State of North Carolina (the "State") with respect to streams and protected stream buffers, as
provided by Neuse Buffer Rules 15A NCAC 2B .0233, and as depicted on the attached
EXHIBIT A (the "Map") and, therefore, desires to grant the State enforcement rights; and
WHEREAS, the covenants, conditions and restrictions contained herein run with the land
and bind all parties and all persons claiming any interest in the Lot; and
WHEREAS, this Declaration has been procured in accordance with Title 15A NCAC 2B
.0200.
NOW, THEREFORE, for a valuable consideration, including the benefits Declarant may
derive therefrom, the receipt of which is hereby acknowledged, Declarant hereby agrees as
follows:

1. Recitals Incorporated. The foregoing Recitals are an integral part of this
Agreement, and shall be incorporated herein and made a part hereof.
2. Covenants and Restrictions.
a. A portion of the Lot (as depicted or described on the Map) has been
determined to meet the requirements for designation as a stream and protected stream buffer.
Any subsequent fill or alteration of the depicted area shall conform to the requirements of the
rules adopted by the State of North Carolina in force at the time of the proposed alteration. The
intent of this provision is to prevent additional stream or buffer filling, draining, creation of
concentrated stormwater flow, or impacts to riparian buffers(s) (streamside) vegetation. The
owner of the Lot should not assume that a future application for filling, draining or riparian
vegetation removal would be approved. The owner of the Lot shall report the name of the
subdivision, copy of the variance and this covenant in any application pertaining to said rules.
b. The stream and protected Neuse River Riparian Buffer exists on the Lot.
Direct discharge of stormwater runoff through the buffer to the stream is prohibited. Gutters,
outlet dissipater pads, and a backyard rain garden have been provided on the house and Lot to
help ensure that such discharge does not occur. These matters shall remain in place, and be
utilized and maintained on a regular basis. The Division of Water Resources, NC Department of
Environmental Quality, is to be notified, in writing, of any proposal to remove or modify the
above stormwater control measures.
C. Any written notice required hereunder is to be mailed to Division of Water
Resources, NC Department of Environmental Quality, 512 N. Salisbury Street, 9t' Floor
Archdale Building, Room 924F, Raleigh, NC 27604, Attn: Jennifer Burdette.
d. These covenants and restrictions are intended to ensure continued
compliance with all rules adopted by the State and, therefore, the State may enforce such benefits
and compliance.
e. These covenants and restrictions run with the land and are binding on all
parties and persons claiming an interest in the Lot, and upon their heirs, successors and assigns.
3. Reservation by Record Owner. Declarant, and its heirs, successors and assigns,
shall, in all other respects, remain the owner of the Lot, subject to the above covenants and
restrictions, and may make all lawful uses of the Lot not inconsistent therewith.
4. Amendment. No amendment to this Declaration shall be effective until executed
by the appropriate parties, approved by the North Carolina Department of Environmental
Quality, and recorded in the office of the Wake County, NC Register of Deeds.
5. Term. This Declaration shall continue as a servitude running in perpetuity with
the Lot.

6. Governing) Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of North Carolina.
IN WITNESS WHEREOF, Declarant has executed this Agreement as of the day and year
first above written.
TRUSWOOD PROPERTIES, LLC,
a North Carolina limited liability company
RICHARD L. WATTS, Member -Manager
NORTH CAROLINA, WAKE COUNTY
I, a Notary Public of the County and State aforesaid, certify that the following person
personally appeared before me this day and acknowledged to me that he voluntarily signed the
foregoing document for the purpose stated therein and in the capacity indicated: RICHARD L.
WATTS, Member -Manager of Truswood Properties, LLC, a North Carolina limited liability
company.
Date:
Notary Public
(Oficial Seal) My commission expires:

SUBORDINATION
In accordance with the provisions of Section 39-6.6 of the North Carolina General
Statutes, RICHARD L. WATTS hereby consents to this Declaration and binds, subjects and
subordinates his previously recorded instrument titled "North Carolina Deed of Trust" recorded
in Book 8418, Page 1116, Wake County Registry, to the terms, covenants and conditions of this
Declaration.
RICHARD L. WATTS
NORTH CAROLINA, WAKE COUNTY
(SEAL)
I, a Notary Public of the County and State aforesaid, certify that the following person
personally appeared before me this day and acknowledged to me that he voluntarily signed the
foregoing document for the purpose stated therein and in the capacity indicated: RICHARD L.
WATTS.
Date:
Notary Public
(Official Seal) My commission expires:

SUBORDINATION
In accordance with the provisions of Section 39-6.6 of the North Carolina General
Statutes, WILLIAM L. WARREN hereby consents to this Declaration and binds, subjects and
subordinates his previously recorded instrument titled "North Carolina Deed of Trust" recorded
in Book14478, Page 242, Wake County Registry, to the terms, covenants and conditions of this
Declaration.
WILLIAM L. WARREN
NORTH CAROLINA, WAKE COUNTY
(SEAL)
I, a Notary Public of the County and State aforesaid, certify that the following person
personally appeared before me this day and acknowledged to me that he voluntarily signed the
foregoing document for the purpose stated therein and in the capacity indicated: WILLIAM L.
WARREN.
Date:
Notary Public
(ficial Seal) My commission expires:

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