20110756 Ver 1_Recorded Restrictive Covenants_20161028

Burdette, Jennifer a
From: Burdette, Jennifer a
Sent: Friday, October 28, 2016 3:19 PIVI
To: '[e-mail]'
Subject: RE: Lantry Variance
Thank you. This information has been added to the project file.
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources -401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
jennifer.burdetteQncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t"Flr Archdale Bldg—Room 942F)
Email corresponclence to and fi`orn thio; address o;sut-Yect to t1he
P,lodhl Carolina Public Records 'Law and may be disclosed to thloird padies,
From: [e-mail] [mailto:[e-mail]]
Sent:Wednesday, October 26, 2016 3:58 PM
To: Burdette,Jennifer a <[e-mail]>
Subject: RE: Lantry Variance
Recorded docs attached.
Attorney Joe Kosko
2280-1 New River Inlet Rd.,
North Topsail Beach, NC 28460
910/515-1384
919/710-8264 fax
This electronic message contains information from the law firm of Joe Kosko.The contents may be privileged and
confidential and are intended for the use of the intended addressee(s) only. If you are not the intended addressee, note
that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you received this email in
error, please contact me at [e-mail].
From: Burdette,Jennifer a
Sent:Thursday, October 6, 2016 1:26 PM
To: [e-mail]
Subject: RE: Lantry Variance

The survey of the lot showing the riparian buffer looks good. It needs to be attached and referenced in the
declaration this is recorded. Please provide a copy of the recorded declaration to me.
Thanks,
Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources -401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
jennifer.burdetteQncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t"Flr Archdale Bldg—Room 942F)
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... .. ... . . .. ...... ..:...:
Email C:'or etil'.)onclence to and ii`orn thio; address o;sutYect to t1he
P,lodhl Carolina Public Records L w and 1`Y7ay be disclosed to thloi d I'.'s'dies,
From: [e-mail] [mailto:[e-mail]]
Sent: Monday, October 03, 2016 9:21 PM
To: Burdette,Jennifer a <[e-mail]>
Subject: FW: Lantry Variance
Did you get this?
Attorney Joe Kosko
2280-1 New River Inlet Rd.,
North Topsail Beach, NC 28460
910/515-1384
919/710-8264 fax
This electronic message contains information from the law firm of Joe Kosko.The contents may be privileged and
confidential and are intended for the use of the intended addressee(s) only. If you are not the intended addressee, note
that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you received this email in
error, please contact me at [e-mail].
From: [e-mail]
Sent: Friday, September 30, 2016 12:44 PM
To: Burdette,Jennifer a
Subject: RE: Lantry Variance
Finally! Attached is the map for your approval.
Attorney Joe Kosko
2280-1 New River Inlet Rd.,
North Topsail Beach, NC 28460
2

910/515-1384
919/710-8264 fax
This electronic message contains information from the law firm of Joe Kosko.The contents may be privileged and
confidential and are intended for the use of the intended addressee(s) only. If you are not the intended addressee, note
that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you received this email in
error, please contact me at [e-mail].
From: Burdette,Jennifer a
Sent: Friday, September 2, 2016 11:45 AM
To: [e-mail]
Subject: RE: Lantry Variance
I believe so, but you may need to check with Mr. Lantry.
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources -401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
jennifer.burdetteQncdenr.gov
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t"Flr Archdale Bldg—Room 942F)
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Email C:'or etil'.)onclence to and ii`orn thio; address o;sutyect to t1he
P,lodhl Carolina Public Records L w and 1`Y7ay be disclosed to thloi d I'.'s'dies,
From: [e-mail] [mailto:[e-mail]]
Sent:Wednesday,August 31, 2016 12:15 PM
To: Burdette,Jennifer a <[e-mail]>
Subject: RE: Lantry Variance
The surveyor wants to know if the addition has already been built?
Attorney Joe Kosko
2280-1 New River Inlet Rd.,
North Topsail Beach, NC 28460
910/515-1384
919/710-8264 fax
This electronic message contains information from the law firm of Joe Kosko.The contents may be privileged and
confidential and are intended for the use of the intended addressee(s) only. If you are not the intended addressee, note
that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you received this email in
error, please contact me at [e-mail].
3

From:
Sent: Monday,August 29' 20I6I0:424M
To:
Subject RE: LantryVahance
The exhibit needs toidentify the riparian buffer areas onthe lot. Anexample isattached.
JenniferBunJette
401/BufferCnnrdinotnr
Division nfWater Resources -4U1 & Buffer Permitting Branch
Department nfEnvironmental Quality
Q1Q8U76364office
1617 Mail Service Center
Ro|eigh, NC 27699-1617
(Physical Address: 512N. Salisbury St, Raleigh, NC278O4 - QmFlrArchdale Bldg—Room Q42F)
Email oomeopondenoe &oand f�o/nM7imaddress imoubyeot&o &\e
NodhCarolina Public Records Lam/and may bedisclosed&oM7irdpadieo,
From: [ ]
Sent: Sunday'August 28' 2016 9:48 PM
To: 8urdette'Jennifer a
Subject: RE: LantryVariance
This isamap ofthe subdivision. |sthis sufficient?
Attorney Joe Kosko
2280'I New River Inlet Rd,
North Topsail Beach, N[ 28460
9I0/5I5'I384
919/710-8264 fax
This electronic message contains information from the law firm of Joe Kosko.The contents may be privileged and
confidential and are intended for the use of the intended addressee(s) only. If you are not the intended addressee' note
that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you received this email in
error, please contact meat .
From:
Sent: Monday'August 22' 2016 10:44 AM
To:Joe1<odko
Subject: RE: Lantry Variance
| apologize for not catching this on my first review, but the declaration should include and reference an exhibit
ofthe property showing the riparian buffer conservation area.
Thanks,
4

Jennifer
Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources -401 & Buffer Permitting Branch
Department of Environmental Quality
919 807 6364 office
0 ennifer.burdette(a-)ncdenr.go
1617 Mail Service Center
Raleigh, NC 27699-1617
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9t"Flr Archdale Bldg—Room 942F)
.....................................................................................................................
Email corresponclence to and fi`orn thio; address o;sut-yect to t1he
P,lodhl Carolina Public Records 'Law and may be disclosed to thloird padies,
From:Joe Kosko [mailto:[e-mail]]
Sent: Sunday,August 21, 2016 6:52 PIVI
To: Burdette,Jennifer a <[e-mail]>
Subject: Lantry Variance
Change you requested.
Attorney Joe Kosko
2280-1 New River Inlet Rd.,
North Topsail Beach, NC 28460
910/515-1384
919/710-8264 fax
This electronic message contains information from the law firm of Joe Kosko.The contents may be privileged and
confidential and are intended for the use of the intended addressee(s) only. If you are not the intended addressee, note
that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you received this email in
error, please contact me at [e-mail].

BKO16572PGO0845
WAKE COUNTY. NC 38
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
10119/2016 09:28:20
BOOK:016572 PAGE:00845 — 88850
DECLARATION OF COMPLIANCE WITH NEUSE RIVER RIPARIAN BUFFER PROTECTION RULES MAJOR
VARIANCE
Addition for 312 S.Tunstall Ave.,Apex,NC(Lot Nos.17,18,19&20,Wrenn Subdivision,Book 1450,
Page 622,Wake County Registry(see attached legal description)(also see attached buffer zone map)
UT to Little Branch(030607,18-7-6-1-1,C)
Authorization of Neuse River Riparian Buffer Protection Rules Major Variance
{15A NCAC 02B.0233(9)(c))
Prepared by Attorney Joe Kosko
Return to:Robert D.Lantry,Jr.,312 S.Tunstall Ave.,Apex,NC 27502
THIS DECLARATION OF COMPLIANCE WITH NEUSE RIVER RIPARIAN BUFFER PROTECTION RULES MAJOR
VARIANCE FOR LOT NOS.17,18, 9&20,WRENN SU DIVISION,BOOK 1956,PAGE 87,WAKE COUNTY
REGISTRY,is made as of th� day of 5 2016,by Robert D.Lantry,Jr.,a
single person.
WHEREAS,Declarant is the sole owner of Lot Nos.17,18,19&20,Wrenn Subdivision,as evidenced by
North Carolina General Warranty Deed recorded in Book 11989,Page 1088,Wake County Registry;and
WHEREAS,Declarant has been authorized to impact approximately 234 square feet of Zone 1 of the
protected buffers and 286 square feet of Zone 2 of the protected buffers to construct a proposed
addition;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 Lots;and
WHEREAS,this Declaration has been produced in accordance with Title 15A NCAC 02B.0233(9)(c).

BKO16572PGO0846
NOW,THEREFORE,for 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.No person or entity shall perform any of the following activities on
such buffer conservation area:
a. fill,grade,excavate or perform any other land disturbing activities;
b. cut,mow,burn,remove or harm any vegetation;
c. construct or place any roads,trails,walkways,buildings,mobile homes,signs,utility poles or
towers,or any other permanent or temporary structures;
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the conservation area;
e. dump or store soil,trash,or other waste;and
f. graze or water animals,or use for any agricultural or horticultural purpose.
3. These covenants and restrictions are intended to ensure continued compliance with the Neuse
Buffer Rules(15A NCAC 02B.0233)of the Division of Water Quality(DWQ)and therefore may be
enforced by the DWQ.
4. These covenants and restrictions run with the land and are binding on all parties and persons
claiming and interest in the Lots,and upon their heirs,successors,and assigns.
S. Reservation by Record Owner.Declarant,and its heirs,successors and assigns,shall,in all other
respects,remain the owner of the Lots,subject to the above covenants and restrictions,and may make
all lawful uses of the Lots not inconsistent therewith.
6. Amendment.No amendment to this Declaration shall be effective until executed by the
appropriate parties,approved by the North Carolina Department of Environmental Quality,Water
Resources Division,and recorded in the office of the Wake County Register of Deeds.
7. Term.This Declaration shall continue as a servitude running in perpetuity with the Lots.
8. 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 written
above.
4
Robert D.Lantry,Jr.,a single person

BKO16572PGO0847
NORTH CAROLINA
WAKE COUNTY
I,Joseph M.Kosko,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:Robert D.Lantry,Jr.,a
single person.
Date:
Notary Publi
My Commission Expires:
JOSEPH M.KOSKO
Notary Public.North Carolina
Wako County
Mr Commission EXpi.i s
Qeemb*i 14.201

BKO16572PGO0848
BKO11989PGO1090
Exhibit A
Beginning at a stake in the west margin o.South Tunstall Street,said Stake being the southeast
corner of Lot#16 of the map hereinafter referred to and being 400 feet south of the southwest
comer of the intersection of South Tunstall Street with East Moore Street,runs thence North 75
degrees 44 minute;West along the south line of Lot#16,150 feet to a stake in the school
property line;thence along the school line South 14 degrees 16 minutes West 100 feet to a stake,
the northwest comer of Lot#21;thence South 75 degrees 44 minutes East along the north line of
Lot#21,150 feet to a stake in the West margin of South Tunstall Street;thence North 14 degrees
16 minutes East along the margin of said Street 100 feet to the point of beginning,and being all
of Lots Nos.17,18,19,and 20,as shown on a certain map of"Wrenn Subdivision,Apex,North
Carolina"by E.S.Laws,dated March 24,1956,and recorded in the office of the Register of
Deeds Wake County in the Book of Maps 1956,page 87,and being a part of the lands conveyed
to C.B.Matthews and wife by deed of Thelma E.Wrenn,dated May 27,1960,and recorded in
Book 1450,page 622,Wake County Registry.

BKO16572PGO0849
SUBJECT PhOPERTY 5--._ IS NOT_X_ LOCATED W A SPECIAL FLOOD HAZARD AREA AS DESIGNATED ON FEDERAL.
EMERGENCY MANAGEMENT AGENCY (F.E.M.A.) FLOOD INSURANCE RATE MAP
NUMBER_.,»372Q0741 paJ _
ZONE--N----
r N/F
VICII MAP a7 WAKE COUNTY BOARD OF EDUCATION �..� 1go.PG ST
.A. I.T,S. a SM 1999, PC 1599 SO
Dy PIN 0741593016
SITE
ANY REASON FOR ORANGE FLAGGING
£ r7 AND BLACK FLAGGING WITH PINK
4'ksST. STRIPES FOUND ALONG,WEST BANK
OF CREEK IS UNKNOWN
NIP N 14'14'25" E 100.00' NIP
299.82' To eIP
cTL'rEK .-----'—
CRCEK MAY BE SUBJECT TO
(FIELD LOCATED}
RIPARIAN BUFFER AS SHOWN ry- OF REEK
y I �-
m
o LOT 20 LOT 19 LOT 18 m LOT 17 12.2'
o i
26.1' SHED !U
1.24'
0
N/F Sa �$�fFERv PP
BM 1956,JAMES 0 FPC L87 C1RIPgRtaN
PIN 0741586524 A/C '--
LOTS 21-26 0 18.37'
23.7' 12.6 N/F
n ONE STORY
N BRICK I& FRAME (v I v: MICHAEL A YATES
SUE G YATES
O u 1.7' c" ' 'j: DB 12683, PG 1617
'st PORCH w b 17.42' 8 BM 1956, PC 87
0 14 0' 48.4' v LOTS 13-16
19.11' m
I°' N
BRICK
Z I I PLANTER IzL71
15,002.29 S.F. J O
of 0.34 AC. I 0
i 'zi
100.00' TO EIP
NIP NIP
S 14.16'00" W 100.00'
400.00• '70 A POINT WHERE TUN51ALl
AVE INTERSECTS E MOORE ST
ALL BEARINGS AND DISTANCES ARE y '
CCRREECT FIELD MEASUREMENTS ,,,, ORAPMC SCALE
FIELD CLOSURE= 1: 20.929
S. TUNSTALL. AVENUE PP j �
40' R/W 7�
( IN FEET )
O.B. 11989, PG 1088 1 inch = 30 rL
WRENN'S SUBDIVISION
NOT FOR RCCOROINQ INFORMATION FOUND to Trym�„ove ,a i
r"e 1U hr w nwa+nnnrr 1M�cm a uer aDtr ax w reKa vac
mcC scn�xn�wo+s wwccT To uR r��
17-20 wt @t 09CtD5tD 81'+14.E NR!N%WN1[. w. ..OrAn17,. pM qpn ae ws
LOT------ BLOCK____- mic wac" w wucn.uo.�+A CA carte.uR
m ata amt ME 'Iwo m Stan"
RECORDED IN 800K OF MAPS _�956_, PAGE _88___. WAKE COUNTY, N.C.
L JOHN Y.PH�, rY THAT iON HE ISPROPERTY OF
CORRECT AND WHOLLY ON THE LATANO tNAT THFY AT THIS%N OTHSRNTSE. ROBERT D. LANTRY, JR.
THIS YAP 3 ,� y
12 S TUN$TALL AVE.
iC, HITE OAK TWSP., WAKE CO, N,C.
JOHN Y PHELPO, JR,
O9j28j16 PROFES9OkAL LAND SURVEYOR
.'
N Y �R { 379 -y FB 1513 5110 BUR OAK CIRCLE
1 5fi RALEIGH.NORTH CAROLINA,27612(919) 787-3638

BKO16572PG00850
I
BOOK:016572 PAGE:00845 - 00850
WAIU
COUNTY
NORTH CAROLINA
Please retain yellow trailer page
It is part of the recorded document and must be submitted with the original for re-
recording
Laura M. Riddick
Register of Deeds
Wake County Justice Center
300 South Salisbury Street,Suite 1700
Raleigh, NC 27601
❑ New Time Stamp ❑ $25 Non-Standard Fee
❑ Additional Document Fee ❑ Additional Reference Fee
This Customer Group This Document
#of Excessive Entities �' -#of Pages (f
#of Time Stamps Needed

BKO16572PGO0851
WAKE COUNTY, NC 39
LAURA M RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
18/19/2816 89:28:28
SUBORDINATION
BOOK:816572 PAGE:88851 — 88852
In accordance with the provisions of Section 39-6.6 of the North Carolina General Statutes,Robert D.
Lantry,Jr.hereby consents to this Declaration and binds,subjects and subordinates his previously
recorded instrument titled North Carolina Deed of Trust recorded in Book 14365,Page 634,Wake
County Registry,to the terms,covenants and conditions of this Declaration.
e�6"tj'-4' �'
Robert D.Lantry,Jr.
NORTH CAROLINA
WAKE COUNTY
I,Joseph M.Kosko,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:Robert D.Lantry,Jr.,a
single person.
Date: i 0--1—1
Notary Pu i
JOSEPH M.KOSKO M Commission Expires:
Notary Public,North Caroline Y p
Wake County
My Commission Expir
Q*c9mbiot t+1.201
06
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BKO16572PGO0852
111111111111111111 111i"',
BOOK:eIG572 PAGE:88851 - 68852
WAYJ
COUNTY
NORTH CAROLINA
Please retain yellow trailer page
It is part of the recorded document and must be submitted with the original for re-
recording
Laura M. Riddick
Register of Deeds
Wake County Justice Center
300 South Salisbury Street,Suite 1700
Raleigh, NC 27601
❑ New Time Stamp ❑ $25 Non-Standard Fee
❑ Additional Document Fee ❑ Additional Reference Fee
This Customer Group This Document
#of Excessive Entities 2 #of Pages
#of Time Stamps Needed