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HomeMy WebLinkAboutWQ0036782_Owner (Name Change)_20190715911104.00�11 11�11 I �111j mia 4 go 10 -00 a V M I Division of Water Resources g, a BUBW Aff VV AIM SEWER SYSTEM PERMIT OWNERSHIP/NAME CHANGE DIvIs4on of Water Resources INSTRUCTIONS FOR FORM: PNOCF 01-16 I. EXISTING PERMITTEE INFORMATION: 1. Permittee's name: R & 0 Incorporated 2. Signature authority's name: Kim Quinn per 15A NCAC 02T .0106(b) 3. Signature authority's title: President 4. Permittee's mailing address: 116 Sea Oaks Drive City: Surf City State: NC Zip: 28445 5. Permittee's contact information: Phone number: (910) 290-1007 Email Address: kim@kmq-ine.com I . Applicant's name: Queens Grant Recreation Association, Inc. 1 Signature authority's name: Kim Quinn per 15A NCAC 02T .01061b) 1 Signature authority's title: President 4. Applicant's mailing address: 116 Sea Oaks Drive City: Surf City State: NC Zip: 28445 5. Applicant's contact information: Phone number: (230) 290-1007 Email Address: kim@kmq-inc.com 6. Representative's name: 7. Representative's title: 8. Representative's contact information Phone number: Email Address: Fax Number (_) -- Fax Number (_) _- Fax Number (_) _- I . Existing permit number: WQ0036782 and most recent issuance date: June 8, 2017 1 Reason for the permit application: Change of Ownership If other, attach detailed explanation 3. Has the facility been constructed? R Yes or D No 4. Has the facility been certified per 15A NCAC 02T ,O 116? Yes or ❑ No FORM: PNOCF 0 1 - 16 Page I of 2 IV. CERTIFICATIONS: Existing Permittee's Certification per 15A NCAC 02rr Q I Qr,(M- wwf r< INI C/ attest that this application (Signature Authority's name & title from Application Item 1.2 & 3) has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that prior to reissuance of the permit into the Applicant's name, I will continue to be responsible for compliance with the current permit and any discharge of wastewater from this system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will also make no claim against the Division of Water Resources should a condition of the existing permit be violated. I also understand that if all required parts of this application are note completed and that if all required supporting information and attachments are not included, this application will be returned to me as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $10,000 as wel-I as civil penalties up to $25,000 per violation. Kilo t90 luk/ Signatur Date: I Applicant's Certification per 15A NCAC I.0 P, Krm k) [A f K (Signature Authority's name & title from Application Item 11.2&3.) that this application has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that after issuance of the permit into the Applicant's name, I will be responsible for compliance with the issued permit and any discharge of wastewater from this non - discharge system to surface waters or the land may result in an enforcement action that may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this permit be violated. I also understand that if all required parts of this application package are not completed and that if all required supporting information and attachments are not included, this application package will be returned tome as incomplete. NOTE — In accordance with General Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any application package shall be guilty of a Class 2 misdemeanor, which may include a fine not to exceed $ 10,000 as well a5 civil penalties up to $25,000 per violation. KrAA Signature: k Date-". �i UV � rl Pe C FORM: PNOCF 0 1 - 16 Page 2 of 2 fit Corporation LegaL Name Queens Grant Recreation Assn., Inc. Annual Report Status: Not Applicable Citizenship- Domestic Date Formed: 3/14/1986 Reg Office j*26 N Anderson Blvd Reg MaRing �* 0 Bo_,,cA_20_54 PREPARED BY: THOMPSON & THOMPSON,, P.C,,ATTORNEYS AT THAW, WARSAW, NORTH CAROLINA THE ATTORNEYS PREPARING THIS INSTRUMENT HAVE MADE NO RECORD SEARCH OR TITLE EXAMINATION OF THE PROPERTY HEREIN DESCRIBED UNLESS THE SAME IS SHOWN BY THEIR WRITTEN AND SIGNED CERTIFICATE PARCEL # 1�ORI'�I �CA.R�OT.tI�27A WARRANTY DEED CC}CJN`Ty THIS DEED, made and entered into this day of December, A.D. 2009, by and between. R & Q, INCORPORATED, a corporation organized and existing under the Laws of the State of North. Carolina, of 526 Works Farm Road Warsaw, State of North Carolina,28398 party of the first part, to ENIS G T C TON ASSOCIATION, INCORPORATED, a not for profit corporation formed under the laws of the State of North Carolina; with its principal office and place of business located at 926 N. Anderson Blvd., Topsail Beach, Fender County, North Carolina 28445, parties of the second part, That the said party of the first part for and in consideration of the sum of One Hundred Dollars ($1.00.00) and other goad and valuable considerations to it in hand paid, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does grant, 3 12-29-2009 13tS5 SOA00 Penjer Coun later - age 3 of 3 The said party oL L. it! ElIrtit'PSar star Of states that the above described tracts of land are not a primary resident. IN TESTIMONY WHEREOF, the said corporation has caused this instrument to be signed in its Corporate name by its President, the day and year first above written, R & Q, INCORPORATED by: M. Craiguinn, President R & Q, incorporated moillowmg3mallown-4 I, Anquinette R. Evans, a Notary Public in and for said State and County, do hereby certify that Craig Quinn personally appeared before me this day and acknowledged that he is President of R & Q, Incorporated, the corporation named herein, and that he as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and notarial seal, this 2 rt� _$ , day of December, 2009. My Commission Expires: --qh 11111111111111111111i1 tnoc No 20E1�d8£3Ei2 Recorded O'110120'1 a 12 48 36 PM Fee Arnt $26 00 gage 1 of Ponder County Norlh Carolina Sharon Lear Willoughby, Register of Deeds Prepared by Samuel B. Potter Returned to Charles D. Meier P.O. Drawer 2088 Wilmington, NC 2,9402 STATE OF NORTH CAROLINA COUNTY OF PENDER SECOND AMENDlENT` O T DECLARATION N OF COVENANTS, T, CONDITIONS TIO AND RESTRICTIONS OF QUEENS CARANT RECREATION ASSN., INC. This Second Amendment ent to the Declaration of Covenants, Conditions s and Restrictions of Queens Grant Recreation Assn., Inc. (hereinafter the "Amendment") is made as of this 4"' day of May, 2019, by the Queens Grant Recreation Assn., Inc. (thy. "Association"). RECITALS: WHEREAS, the Declaration of Covenants, Conditions and Restrictions for Queens Grant Recreation association, Inc. was recorded in Book 61 7, Page 152, and a First Amendment was recorded in Book 4413, Page 250 of the Ponder County Registry (said document as amended and supplemented is referred to herein as th ; ` Declarationn"). ` he capitalized terms set forth in this Amendment shall have the: sanne nnncarnin as scat forth in the Declaration unless otherwise defined or the context otherwise prohibit; and WHEREAS, € ursuant to Article IX, Section 4 of the Declaration, the Declaration may be amended by vote of not less than two-thirds (2/ ) of all members of the Association., in person or ,-IPAMELA STARVES ek 4684 P9 1680 by proxy at as niecting duly field in accordance with the Association's Bylaws (the "Bylaws"), and WHEREAS, N.C,G,S § 55A-7-08 provides that unless prohibited or limited by the articles of incorpoi-ation or bylaws and without regard to the requirements of G.S. 55A-7-04, any action that may be taken at any annual, regular, or special mecting of members may be taken without a ntcetinl if the corporation delivers a written ballot to every member entitled to vote on the matter and approval by written ballot pursuant to this section shall be valid only when the number of votes cast by ballot equals or exceeds the quorturt required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the same total number of votes were cast; and WHEREAS, a written ballot containing the verbatim proposed Amendment to the Declaration was delivered to every member entitled to vote, saaid WHEREAS, the Amendment set forth below was adopted by an affinnative vote of not less than two-thirds (2/3) of all the votes of the Members by ballot vote, with all ballots being submitted on or before May 4"', 2019, all in accordance with the Declaration, Bylaws and Articles of Incorporation, its applicable. WHEREAS, the approval by the members and the Amendment has been and hereby is certified by the Secretary of the Association, and upon proper execution hereof, shall be presented for recordation in the public records of the Register of Deeds for Pender County, North Carolina, W11fE1U,'AA, the President or Vice President of the Association has been duly authorized and empowered to execute this Amendment and to cause the same to be recorded in the Pender County Registry as the binding act of the Association, its Members and Board of Directors. NOW, THEREFORE. in consideration of the recitals set forth above, and as the act mid deed of the Association, its Owners and Board of Directors, the Declaration is hereby amended and modified as set forth below: Section 10 shall be added to Article I as follows: Section 10, Rian22AUvst n�. Shall mean a wastewater cotlection system with puraps, wastewater treatment works, and/or disposal facilities. 2. Article X1 shall be added as follows: Section t The Disposal ystern and appurtenances thereto are part of the Common Area and shall be properly maintained and operated in conformity with the. law and the provisions of the pennit for construction, operation, repair and maintenance of the system and facilities. The Disposal System will receive the. hilghest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. N Sk 4684 P9 1681 Th e Disposal System will be niaintaincd out of the common expenses, and a fund shall be created out of the common expenses in order, to assure that there will be funds readily available to repair, maintain or construct. the Disposal System, The fund will be separate from the routine maintenance funds allocated for the facility and shall be part of the yearly budget. In the event the common expense allocation and separate fund are not adequate for the construction, repair and maintenance of the Disposal System, a special assessment will be made to cover such necessary costs. There shall be no limit on the arnount of the special assessittent, and the special assessment cau be made as necessary at any time, The, Association shall not enter into voluntary dissolution without first having transferred the Disposal System to sorne person, corporation, or other entity acceptable to and approved by the North Carolina finvironniental -Management Commission. Except as amended hereby, all of the terms, covenants, promises, restrictions and provisions contained in the Declaration shall remain in full force and' effect. The undersigned officer certifics, on behalf of the Association that this Amendment was duly adopted as aforesaid and that the Declaration is amended as set forth liercin, QUEENS GRANT RECREATION ASSN., INC. By- STAM �Zllh, Printed Name: Its: President OOTAi�), MY COMMISS JON expin't:8 412412021 U Cj STATE OF NOTR11 CA OLINA Coull NTY OF ,r A 41 f 1 N tary Publicejf do hereby tify that -f-',60ers' Ily' appeared 6�:Forc m—c—this clay eel ona y and acknowledged that l7a is the President of Queens Grant Recreation Assn., Inc. and acknowledged the due execution of the foregoing instrument. Z� Witness my hand or official seal, this of Notary Public My Commission Expires: Certification of Validity of Ame d tont to Declaration of Covenants, Conditions and Restrictions of Queens Grant Recreation Assn., line At the direction of the President of Queens Grant Recreation Assn., Inc., and pursuant to Article IX, Section 4, of the Declaration of Covenants, Conditions and Restrictions of Queens Grant Recreation Assn., Inc:. recorded in Book 617, Page 152 of the Ponder County Registry, the undersigned Secretary of Queens Grant Recreation Assn., Inc, certifies that the foregoing Amendment has been duly proposed and approved by not, less than 2I3rd; of all the votes of the nlea hers of Queens Grant Recreation Assn., Inc., by ballots submitted on or before May 4th, 2019 and it is therefore a valid Amendinent to the said Declaration. There were 109 eligible votes and 84 ballot votes were submitted in favor of said Amendment. Said Amendment is authorized, approved and shall be duly recorded in the office of � � �;� North Deeds for Ponder County, Carolina. .111 . I, - QUEENS S GRANT RECREATION ASSN., INC. Printed Its: Secretary cog sr v pp� 412412Q1 X LIG a 'D FOR . ItEGISMIATION of) the Day of 19 at registered in the office of the Register of Deeds for Pender County In B Of) K Z,17 PAGH flu; h Q16rsfreet, tir., ltpg�rj`�iLierjoTll D ads PrNDrR COUNTY, kortbi CAROLINA STATE OF NORTH CAROLINA DECLARA*rlou OF COVLINANIN, CONDITION3 AND RE911111011ON5 COUNTY OF FENDER QUIMI 43 GRANT RECREATION ASSN., INC. TIUS DECLARATION, made the _ Z6L(Jay of May, 1903, by 1113I.AND DEVELOPMENT CORPORATION, as Nardi Carolina corporation, hereinafter referred to as "Declarant", WlIrREAS, Decinrnnt is the owner find developer of'certain property In'ropsail Beach, Topsail Township, Pander County, North Carolina, on both sides of NO Highwny 50, the ocennfront portion of which Is being developed as QUEENS GRANT CONDOMINIUMS and the soundfrout portion of which Is being developed as QUEENS GRANT TOWNLIOUSES; and WIIEREAS, In accordance with the plan for said development, Declnrant liras set aside or Intends to set node certain areas for the common use and enjoyment of all property owners, and accordingly has orrnnl7ed a Cotnint-utity Property Owners Association known as "QULIKNS GRANT RFCREATION "S N., INC.", a private non- profit corporation, to hold title to the club house, boat dock facilities and all open spaces and common areas intended primarily for the mutual use, benefit and enjoyment of 0.11 property owners in the development, all at whom shell be members of the Recreation Association. NOW, THEREFORE, D"Jarant hereby declares that nit of the properties shown and desiFtinted as common areas upon tile pint of QUEENS GRAN,r RECREATION ASSN., INC. which said pint Is recorded or Is to be recorded In the Office of the Register of Deeds of Ponder County, shall be held, said and conveyed ,object to the following easement,-;, restrictions, covenants and conditions, all or which fire for the pin -pose at enhancing* told prolectfig the value, desirnbility end nUrnutivenesn of the develoofnent and aril of"'Vilich nnsenlents, covenents, restrictions slid Conditions ,;hall rut) with the land and shall' be binding upon parties having or acquiring afty right, title or Interest in the described premises jr any part thereof, sud shall Inure to the benefit or eacli member of the Association. DEFINITIONS Suction 1. ASSOCIATION shell be used Interchangeably with CORPO1[X11014. and shaff inean nod refer to QUEENS GRA_NT RECREATION 1,4113N., INC., a non-polit corporation, its successors and assigns. All property owners of qUERNS GRANT CONDOMINIUMS and QUEENS GRANT TOWNHOUSES shall be members of the Association, which membership 5 ioll be appurtennnt to and may not be separated from the ownership of such single famili lot ortmulti-randly townhouse "nit. Section 2. QUEENS GRANT stian mean and refer to the entire development of the property q 56 pveyed totSLA,l4p ,,j?EV7::LOPA1RNT CORPORATION by the deed recorded In Books 6o3' at Page —LI'4 of the Pander County Registry, Includingr all property in CFUEEDTSGRANT CORMAT-MiNIUMS and townhouse units In QUEENS GRANT TOWNHOUSES, and any property subsequently annexed to the development by Declarant. Section 3. Lo,r stain mean and refer to one of the townhouse lots sliown upon the plat of QUEENS GRANT TOWNHOUS M� recorded or to be recorded In the Pender County Registry. Section I. UNIT shall mean and refer to a candoininluin unit lit QUEENS GRANT CONDOMINIUMS as shown upon Ilia plans thereas recorded or to be recorded in tile Pander County Registry. Section 5. PnorEirrim sban mean arid refer to that eertnin real property described oil the plait —entitled 1QUEENS, GRANT RI CRRATION ASSN., INC., end such additions thereto as may hereafter be brought within the Jurisdiction of tile Association. Section 6, COMMON AREAS shall mean all real and personal property owned by tile Association for the common use and enjoyment of the members of the Association. Section 7. ME17 BERS111)? shell mean and refer to the rights, benefit'.;, duties and obligations, evidenced by an appropriate certificate, which shell inure to the benefit of and burden each inember of the Association. Section B. MEMBER shell mean and refer to every person or entity who has a membership in the Associatf—on. Section 9. DECLARANT shall mean ' and refer to L13LAND DEVELOPMENT CORPO ATION, its successors and ansigns, If such successors or assigns should acquire from ISLAND DEVELOPMENT CORPORATION, any properties adjoining the QUEENS GRANT development for the purpose of development. Al8'11CLE 11 ANNE.-K.ATION OF ADDITIONA-L PROPEIME-9 Section 1, Except as provided in Section 2 of this ArtleAe, annexation of ,additional property outside Ilia boundary shown on the general plat attached hereto as Exhibit "All shell require tile assent or two-thirds (213) of the members, at a meeting held in accordance with the By -(,alas, written notice of .which shell be seld, to all members not less than thirty (30) days nor more than sixty (60) days In advance of tile meeting, selling torth Lite tline, OnLe, Dia(!q and purpose of tile meetbig. A (pwrian shall be fifty per cent (5 0 1XI) of the Inelliber.9 of she C")Vpora t foil. If the ieqllifpfj quoruln in not forthcollullfr at tiny illecling, another meethir may be Ltilled suldect to the notice requirement set forth above and tile required quorum at such subsequent Inceting, shall be one-half U of tile required quorum of tile preceding Inepting. No such subsequent meetings slutu be hold nacre titan sixty M) (lays following the preceding meeting. Section If the Declarant shall desire to enlarge boat basin and/or to create additional bent slips, such Additional area may be annexed to said properties ,vitbout tile assent of tile members of the Corporation, provided, however, that development of the additional lands to etilarge the boat basin shall be in accordance With a general plan submitted to and approved by the United States Artily Corp.; of Engineer.-,, and all required Federal, State and local regulatory authorities, and provided further that no suell annexation shell become effective until a revised plat of the area to be annexed is recorded in tile Office of the Register of Deeds in Pender County showing tile areas to be annexed and/or the boat slips to be added. MEMBEIISHIP A14D VO'I1NG lt[Glrl*S Section 1. Cv,,vy Owner or a lot In QUEENS GItAN'rTOWN1IOUSl-`,S or a unit in QUEENS ORANT CONDOMINIUMS (Including the owners of any townhouses or coadoloillitims ttubsequently added to the development) suall be a member of tile Assoclntjon< Alember5hip shall be atillurtetinnt to and may list be separated from ownership of any such Lot or unit In QUEENS GRANT. Section 2. The Association shall have two classes of voting membership - A. CLASS "A". Class "All members shall be all owners with tile exception of tile Declarant told shall be entitled to one vote for onch Lot or unit owner]. When tnore than oil(, person holds An interest In any Lot or unit fill such persons shall be members. The vote ror such Lot or unit shall be exercised as they afflong themselves determine, but in no event shall more than one (1) vote be cast with respect to any Lot or unit. B. CLASS "B". —Class "B" inember(s) slaill be the Decisrant And shall be entitled to three (3) votes lor each Lot or unit owned The Class "B" membership shall crease and be converted to CIn," "A" mumberr,hip oil the happening of either of the followitir, events, whichever occurs earlier: (11) When the total votes outstanding in Class "A" membership equals the total votes outstanding In the Class "B" membership, or (b) on January 1, 1988. Section 3. TRANSHR OF MEMOHNSMS.- Memberships shall not be transferable except as an incident or appurtenance to the transfer of tile ownership of a lot or unit in QUEENS GltANT CONDOMINIUMS or QUFHNS GRANT TOWNHObSES. Every conveyance or transfer, whether by deed, will or Inheritance of a townhouse lot In QUERNS GRANT TOWNHOUSUS or a unit in QUEENS GRANT CONDOM114LUMS shall be conclusively presumed to Include the transfer fit,() conveyance of the Inculbershio appurtenant to the sarne whether or not reference to the transfer of such filembershlis Is Contained in the dead, will or Other millument of title transferring the property. Section 4. TUGIG-S OF MEMBERS,. F.Fnal member of the cal-Dorntion shnil have the non-2Xclurive right, subject to tile provisions hereof nlid subject to the OY-Laws and Miles and rogillations prolnulgated by the Onard of Directors to lawfully Ilse the beat docking facilities. 1"nVil member of efich class "hall have tile right. And art etaictat or enjoyment in uld to the eommon areas subject to "Im rity'litof the Association. (a) To lifilit the number of gruests of memberm. III Accordance with its Articles slid fly-1,nws to borrow innnAy for 'tile purpose of ilnprovhi�r the prouertles, common areas And facilities; (c) To ruspend Fill rirlits of inly filember for any period during Which filly (lit e"; or assessments against !nsch member remains unpaid; And for a period flat to exceed thirty (30) days for any infrneLlon or Its published Role." tuld itcfr ,ulations; and to lease or otherwise lawfully Ilse suell riglits daring ally such period of suspension; COVENANTS FOR, mmmrENANCE ASSESSMENT3 Section 1. CRFATION Oil THE LIEN AND PERSONAL OBIAGATION OF ASSESSMENTS: Each owner of such membership agrees to pay annual assessments or charges, and (2) special lissessalents for capital finprovenlents; such assessinents to be fixed, established and collected from tiale to dine as hereinafter provided, shall be a charge oil the membership and WWI be a continuing lien upon the membership against which each such assessinent Is innde. Eneh such assessment, together with such interest, costs and reasonable attorney's fees, sivill also be the personal obligation of the person who was [tic owner of soch membership at the time when the assessments fell title. The personal obligation for delinquent assessuient.5 shelf not pass to his successors in title unless expressly assumed by them. section 2. PURPOSE OF ASSYSSM814'M The assessments levied by tile Association shall be used ti7x—C1U.1ivJy­for the purpose of (1) promoting the recreation, health, safety And welfare of the aleulliers and their property; (2) the enforcement of Haase. Covenants find the Rules of the Association promulgated by tile Board of Directors; and (3) ill particular for the Improvement alit] maintenance of tile properties, services mid dock facilities devoted to this purpose and related to tire use mid enjoyinent of tile CORIM011 area. Section 3. Diiammumnoti OF ASSIMMENTS.- A. 'file Board shell determine front Beare to time the suln or sums necessary and adequate for the eonimon expenses. At the annual meeting or the Association, such budget shell be submitted to tile members for approval. As approved, the budget shall constitute the basis for all regu lar assessments for common expenses against owners of memberships, which assessments shall be due art(] payable periodically as deternflned by the Board. Common expenses shall Include expenses for tile operation, maintenance, repair or replacenient of tile common area and facilities including the boat slips, all insurance premiums and expenses relating thereto, and any other expenses designated as coin ion expense from time to time by the Board of Directors of tile Association. B. Tile Board is specifleally empowered an behalf of the Association to runice and collect assessments and to inaintain, repair and replace tile common nres, and facilities, includilIg the d0cfts and beat Slips. Assessments shall be payable periodically as determined by the Board. Section 4. IMA;UMUM ANNUAL . SS""MENT: Until Janunry I of the ref Fjr—,C-,,uejnbWruip lo a lotr t oalit owner, vfmr isninedilittuy following tine -'an"fer 'If .the he f the maximum winuM aSSessillClit shall lie MGM' HUNDREM ($600.00) DOLLARS per membership. A. rrom and after January I Of the Year immediately rollowilig the transfer of tile first menitic-ship to as lot or unit owner, the mfixilln01 allonal Issessment tray be increased each year not more Unin FIVr PrR CEINT (5%) above the maximurn tualuid assessment for the previous year without a vote of the membership. B. From and after January 1 of tile year Illuredintpty following tile trmisfer of the first membership In as lot or unit owner, tile Inaxiinul" annual asswssulent may be increase(! above FIVE, PER CENT (5%) by a vote of a majority of cacti class of inembers who are voting in person or by proxy, at as meeting duly called for such purpose. Section S. - SPECIAL ASSESSMENTS POR CAPITAL IMPROMIENT9- in addition to the annual as'sessulents authorized above, the Association may levy In any tissessinent year, R special assessisent applicable to that year only, for the purpose of defraying, in whole or in pert,tile cost of any construction or reconstruction, unexpected repair Or replacement of a described capital Improvenipi-it upon the Common area, including the necessary fixtures and personal property related thereto, or defraying in whole or in pnrt the cost of any dredging; provided that any such assessment shall have the approval of two-thirds (2/3) or each of tile Class A and Class B members who are voting In person or by proxy at a meeting; duly called for this purpose. Section S. QUORUM FOR ANY A9110M AUTHORIZED UNDER SECTION 4: At the as -provided in Section 4 hereof, presence of members or proxies entitled to east Lim votes or sixty per cent of all the memberships shall constitute n quorum. If the required quorum is not present, another meeting may be called subject to fifteen (15) days written notice, and the required quorum for such subsequent inceting shall be the presence of members or proxies representing fifty per cent (50%) of the membership entitled to vote. Section 7. DATH Of! COMMENCEMMIT OF ANNUAL ASSESSMENTS DUE DATES: The annual assessments provided for liprein shall commence n,,v to each membership on the first day or the month following its nequistion by a nieffiber. The first annual assessment shall be adjusted accordhip, to the number or mouths remaining in the calendar year. The Board of Directors .1311all fix the flinOlflit Of the annual Assessment against each membership at least thirty (30) days In advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner of membership. The due (Jules shall be established by the Board of Directors. 'rile Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Corporation setting forth whether the assessments against a specified membership have been paid. A rensorinble charge may be made by the Board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8, ASSESSAMWIS FOR REPAIRS OF DAMAGE CAUSED BY FAUI;I'.- If a iacmbcr; assignee or lessee, or one of their guests, daninges or destroys by Ilia or her fault any of the property in tile common area including the docks, boat slips, and other facilities, the Board shall levy a special asses,11ne"t upon tile Owner Of that membership for the full cost of repair or replacement a( such damage or destruction. Section 9. EFFFUr OF NON-PAYDIENT OF ASSESSMENTS - ITHRIEDIFS OF TJIE CORPORNMON Aaay assessaaaerat or aray portions thereof w#aieih are not paid whendue shall be delianguent. If floe as.�essment or portion thereof is not paid with€sa thirty (30) days wafter the dace date, floe saaae shall become a ITerh ovt such ahhemberslaigs asad bear interest from the ( annuin, and the Association obligated to pay the same or to foreclose floe lien agaiaast floe tneaanbership, aaad interest, costs rend reassonfible attorneys such nssessuients. No owner may waive at, otimrivisp escape liability for the lisses"unelits provided for herein by non-use of the common area or abandonment of his rnembershiD. Section 11). yxjjBORj)lt4XjI()tT Of, J,JLI�f 'ro MORTGAGThe M- Hen of the assessments provided forherein to tjje ffen or any hortgage or pledge of the mcnitiership. Stdc or transfer of tiny membership shall not affect the assessment lien. However, the rate or transfer of tiny membership wIlich is subject to nay mortgage or pledge, pursuant to it decree or foreclosure under such mortgage of pledge or at iy proceeding in Hen of foreclosure thereof, shall extinguish tile Hen of suvil assessments as to payments thereon which become due prior to such sale or trtluqfPr- 140 sale Or transfer slinli relieve such inembor from liability for ally assessments thereafter becoming due or from the lien thereof. A1111CLE V MAIN "ENANCE The Association slintl provide maintenance of the comtnon areas and sliall Maintain, ri,,pair or replace all or any Portion Of the boat slipn, common docks, Club House facilities and other amenities at tile discretion of (lie Hoard or designee of the Board. The cost of such mnintenmice repair or replacement shell be ndoed to and becoine a ptirt of the total muiuni assessment for tvmcb nil memberships area proportiollately liable subject to tile provisions, of Section 4, Article IV with respect to the Maximuni AmmalAssessuictit. AX11CLE VI ARCILITEICTURAL C0N'r110L Section 1. 14111 ROV13-51UNTS AND ALTERATIONS ETC: No building, fence, wail, sign or other strarc tare shall tic coirirsaenec.3, stoned, erected or maintained upon the c-onlinorl area or Other property of the Association, nor sliall oily addition to or change or alteration there be made until tile plans and specifications showing the nature, kind, shape, height, materials, location of raid climige shall have been submitted to and approved in writing as to the harmony of external design and location In rotation to tile surrounding area by the Board of Directors or the Association, or by an architectural committee composed of three (3) or more representatives of tile Board. ARTICLF Yff ugg rtwriucrms Section 1. ItULESS AND REGULATIONS- The Board of Directors of the — Corporation shall have the power to 7rmulate, publish and enforce reasonable rules and regulations concerning file use mid enjoyment of the properties Including boat silps. Section 2. USIz. 0j! Pjtojlpg�111.11U�C.: No portion of the properties, common area or any boat slip may be used for any commarcial purpose. Section 3, Quug Pq.joymug: No obnoxious or offensive nedvitynhall be carried 011, In or upoai tuip prope7rilTs, the comnion in -en or any bont, slip, nor shall anything be done which may be or may become a imisance or annoynnee to any member, assignee or lessee. BASEMEN'l-6 Section I. ACCESS MSIMIENTS.- The Doclarnnt aerp?Iy reserves Unto itself, its suecossorr rind as:,igns, -I perpet.uni anrpleent ned riF ,lit-of-wilv over the common tiroas of QUMENS GRANT TIEICREA,rioN ASSIL, INC. for seeress, Ingress And or 14 Ar's , I gress to tile property atijoinint, RANT RECREATIO N- N( to the QUEENS (3 North, in the event Declarnrit should develop any property adjoininfr the development to tile I"Tarth and annex the same to this development. scvtion 2. UTILITY EASIMEWI—oThe ASSOCIntiOn MIMI have t1w right to grant and establish Over Mid across its properties and common areas Snell easements And riglit,—of-way as may be required for cirainage an(,] public utflltics, ARTIC A! IX GENERAL PROMIONS Section fa LNI$ORCI.C"i NT: The Association, or nny naertaber, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservatiraaas, liens'and eharres now or hereafter Imposed by or under the provisions of this Declaration. Failure of tine Association or city rnenmer to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Seeticn 2, SEV Itltl3ti.,lTY: Invalidation of ally one of tlt€:se covenant, or restrictions by jusigntent or court order small in no way affect any other provision, which shell remain in full force and effect. Section 24 Dtl tti"i"i0H.- `i"lie covenants, conditions and restrictions of tills Declaration shall run with and b nr3 Cite properties and common areas and deals inure to the benefit or be enforceable by the Association, or slay anenaber, their respective logs) representatives, heirs, successors and assigns,' subject to tills Declaration, for a term of twe lity-five (25) years from ills date tills Dee raation is recorded, after which than such covenants ,laid be automatically extended for successive periods of teas (10) years each; provided, however, that this declaration may be amended at any time as provided in Section 4 below, Section 4. AMENDMENT OF %I1;i:Y,AJIA't` DN) Tills Declaration may be amended by the vote of ne)t sills thnn tw o-thirds OF of each Class of members of the Association, cast by persona or by proxy at a saaeatint duly hold In accordance with the By- I,aws. Ad amendments shaft be certified by ttae secretary of tlae Association and shall [)a effective from tine slate of recording of the aznsendment as certified, in the Office of tine Register or Deeds of Pender County. It shalt be conclusively prienoneri that wash instrument constitutes a valid amendment as to all persons thereafter purchasing any membership in tine Association; provided, however, that in arc) eveaat cony this Deciaration be amended so as to deprive Declarant of any rights herein granted or reservers tutus Declarant. AIM CLE Seetiou is The Board of Direntors oil benaalr of the Association, as coaanacan expense :shall at all tunes keep the Property (except. iaers0aarat Property Of a member) insured raa,ainst tree>s at- davinge by rice or other hn%t)rcls insured against, and r)tbcr suela risky, includinv, public liability losuraaaacce, uocrn such terms and for such ns bunts as slay see reasonably necessary front time to base 'v protean the properties, cconaanon urea ;and boat :slims, Which insurraaace Bulls be payable irr olase of loss to tile: Association for all members. The Association shall lsaeve Lbe sole authority to deal with the Insurer in the scttleineaat of alarm. Section 2. Suvh insurance slinil be obtained without prejudice to :lie right of each member to Insure his personal property for his owls benefit ,at his c+wn e:cpesa e= Ira no event sbaait the insurance coverage oWn€ned by the Associntion be brought into ountribution with Insurance purchased by members or their inortgagees. iN WITNESS IVIIII-Ilror, the Decinumt 11ml enorvd this Decinrntion to be exe,cuted tyy its duly mithori-zml officers and itr curpornte rprd to be herinuito affixed, all the day and year first above written. A7FES'N 4 .655�-tl-aih ea reC E SEAL) JTI CAROLINA DECLARANT: ISLAND DEVEL0115111Wr CORPORATION ;7 ,L, 7Fr, itt�lent 14 v671c to and for (lie Stnte r'Y' 1'ereby certify and Comity aforesaid, do I tlint rsonnlly po nppenred before me this dny wid neknowledgred that _n 11 is th� Secretnry of ISLAND DEVELOPMENT CORPORATION, a North Carolina enrporntimi, nod that by nothority duly given nod ns the act of the Association, tiara fornfrohig hitrim-fit ­5 sigand in its Mail a b 'I � V ( C— Pre,ldmt, scaled with its corporate seal nod attested I Iq v f t�� I)Y��.If as its_% --. cretary. Ik day of May, 1903. WITNESS my hand and seal, this the My Commission Expires: Ir qj. (NOTARIAL SLAL) N Ita 91'ATH OF NORTIT CAROJANA COUNTY OF PlUIDER vic forefroinfr certi f lente of Public s cartifled to be correct. This the (Inv of ITUGH OVIDISTHT"'.BT, JR REGISTU, OF DU'J-'DS/PEl4DrR COUNTY 13 Y. Deputy/Anuietant srATE1 Oil NORTH CAROWNA JOINIMIL AND CONSENT COUNTY OF P-1111)1311. DAVID C. DAREPOOT, TRUSTIM, for QUINN COMPANY, MACK PROFANE, INC., JOIIH A- RICHARDSON, JR., U. QUINN, IIFMRY V. LINEBERGER, JR., RAYMOND V. RIVEMBARK wal IMOOKS C. 1101AMR, JJU, join In this Deelarallon of Covennots, Conditions, and Restrictions for Queens Grant Recreation Assn., inc., for tree ,-Ole Purpose Or subjecting and Subordinating tosnid Declaration, tile lien or that certain dead of trust to DAVID C. HAREFOOT,TRUSITH, recorded ill F3001c 609 at Page 80 in tile Office of tho Register of Deeds of Pender County, North Carolllui. (SEAL) D1*1 MIER AVID B G. ARMI I I rr" Iry s!rA,rv, OF Noirm CAROLINA COUNTY OF NEW HANOVER 1, a Notary public of the Colloty said State aforesaid, certify that DAVID C. BAREFOOT, 'rItU!;f`H Personally appeared before tile this day and aclolowledged the execution of tile foregoing instrument. 4-1- WrVNESS my hand and official stainp or seal, this—)—fAda y of May, 19M Notary Public Itly Commission Expires. ' 13LCX Zet. ')C d3 4 COUNTY OF PENDElt JAMIM C. SVIIADMA , '1`1tt1 '17EL, and UNVrHD CAROLINA BANK, a North Carolina Banking Corporation, join In time Declaration of GovenacLs, Conditions, and Restrictions for Queens Grant Ilorreastions Assn., Inc., for the sole purpose of subjsetinT and subordinating to said Declaration, the liens of those certain doeds of trust. to J f I C. SI`FADMA 4, TRuSTE111, recorded its Cook 1199 at Pages 278, 281, 28 and 287 In the Office of the Register of deeds of Pander County, North Carolina. .1aT1 i „ rlssat, rtt Seraaa�Eaary (C"ORPOit�li`I"tr STrAL) STATE OF NOW111 CAROLINA COUNTY Off NEW HANOVER UNUED CAROLINA BANK: K: 1, as Notary Public of tine County and State aforesaid, certify (fiat JAMES C. STEADMAN, °'llumn personally appeared before me this day d acknowledged the execution of Star foregoing Instrument. i'S tii sS rosy hand aastd official stamp or so¢z9, this - adeay of May, 19836 ,xeraxscaerax„r No y Public 6 C✓ My Commission aspires: CS= (NOTARIAL SEAL) y Y a3 cf L 1CJ �+`w COUNTY OF NEW IIANOVIUt i, a Notary ?tibtfc of the County and State aforesaid, certify that,It (1, personallycrzme before e this day an ncknowlodged U1aat lie is e Secretary of UNITHD CAROLINABANK, ra North Carolina t3anfcing Corporntio , and that by authority (fuiy given and as the net of the corporation, the foregoing Instrument wass`sgned in its name by president, ,eaaled with its corporate seal and attested by as Its Sccretary ? clay o£ May, 188 . tVl'i'tfS i my hand into official stamp car seal, t9ai.s�,. Apg 11oS Public "I y�f my Commission Expires- iris= ." i,. North Carolina--zLla—c-oory Z, /73`3 'IA y �w NOTARIAL SEAL) r`�. 1-NG 'nle foxaWiisra lh (oar i rna ed) cer4i[zr ae of is ctrrcelir.4 to he rsrcrrcz. f `izt3 °� as;�y aai si,t2 3.w t9fa:r III a34`t° f t w � ✓"�� �; �3.. do State of North Carolina First Amendment to Declaration of Covenants, Conditions and Restrictions County of lender This Amendment of Declaration of Covenants, Conditions Rr, d Restrictions of Queens Grant Recreation Assn., Inc. (tile "Amendment") is made this 3 day of 2014; -M�i Whereas, on May 27, 1983 the Declaration of Covenants, Conditions and Restrictions for Queens Grant Recreation Association, Inc. was recorded in Book 617 beginning at Page 152 of the Pender County Registry (the "Declaration"); and, Whereas, Article IX, Section 4 provides that the Declaration may be arnended by the vote of not less than two-thirds (2/3) of each Class of members of Queens Grant Recreation Assn., Inc. (the "Association"), in person or by proxy at a meeting duty held in accordance with the Association's Bylaws (tile "Bylaws"); and, Whereas, there is currently one Class of Members in the Association; and, Whereas, this Amendment was received by the President of the Association and pursuant to Article III, Section 2 of the • *re4M-:te4— nen at the Annual Meeting of Members of the Association to consider, approve and adopt the Amendment set forth below; and, Whereas, the Secretary of the Association caused Notice of the Annual Meeting, stating the time, date and purpose thereof, was given to all Members not less than thirty (30) days prior to the Annual Meeting, all as required by the Bylaws of Queens Grant Recreation Assn, Inc. and Chapter 55A of the North Carolina General Statutes; and, Whereas, the Annual Meeting of Members was held on M4ay %�) 2014, whereupon the Amendment to the Declaration was approved by a vote of-3�4,!5 %of the Members of the Association voting in person or by proxy; and, Whereas, the approval by the Members and the Amendment has been and hereby is certified by the Secretary of the Association, and upon proper execution hereof, shall be presented for recordation in the public records of the Register of Deeds for Pender County, North Carolita, NOW THEREFORE, the Declaration of Covenants, Conditions and Restrictions for Queens Grant Recreation Assn., Inc. are hereby amended as follows: I - ARTICLE IV. shall be amended by removing in their entirety. Sections 8 through 10, and replacing in their entirely the following: Section 8. WORKING CAPITAL ASSESSMENT: All Lots or Units created or constructed after January 1, 2013, where title to any such Lot or Unit is conveyed to any Owner subsequent to the date of recordation hereof, within Queens Grant Townhouses, Queens Grant Condominiums, or in any other development whereby a new Owner shall become a Member in Queens Grant Recreation Assn., Inc., the acquiring Owner shall contribute to the Association as working capital all amount established by the Association's Board of Directors, but. not to exceed $10,000. Such funds shall be used for the repair, replacement, expansion, improvement, and operation of the properties of the Association and amenities enjoyed by the Members, or maintained as a reserve fund for those purposes. Amounts paid into the working capital fund are not to be considered advance payment of regular assessments. All working capital funds shall become part of the general operating funds of the Association. Section 9. ASSESSM D BY FAULT: If a member, assignee or lessee, or one of their guests, damages or destroys by his or her fault any of the property in the common area including the docks, boats slips and other facilities, the Board shall levy a special assessment upon the owner of that membership for the full cost of repair or replacement of such damage or destruction. Section 10. EFFECT OF NON-PAYMENT OF - ASS ESSMr ENTS-REMEDIES OF THE CORPORATION: Any assessment or any portions thereof which are not paid when due shall be delinquent. If the assessment or portion thereof is not paid within thirty (30) days after the due date, the same shall become a lien on such membership and bear interest from the date of delinquency at the rate of twelve per cent (12%) per annurn, and the Association may, at its option, and without having made an election of remedies and without affecting any other remedy available to it may do any one or more of the following: (i) bring all action at law against the Owner personally obligated to pay the same, together with interest, costs and reasonable attorney fees; (ii) foreclose the lien for delinquent assessments, interest, costs and reasonable attorney's fees; and, (iii) after providing 7 days written notice of default and opportunity to cure such default, terminate such Member's rights of use and enjoyment of the Association's property and amenities of any such action shall be added to the amount of such assessments. No owner may waiver or otherwise escape liability for the assessments provided for herein by non-use of the common area or abandonment of his membership. Section I L SUBORDINATION OF THE LIEN TO MORTGAGES: The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or pledge of the membership. Sale or transfer of any membership shall not affect the assessment lien. However, the sale or transfer of any membership which is Subject to any mortgage or pledge, pursuant to a decree of foreclosure under such mortgage of pledge or any proceeding in lieu of foreclosure there, shall extinguish the lien of such assessments as to payments thereon which become due prior to Such sale or transfer. No sale or transfer shall relieve such member from liability for any assessments thereafter becoming due or firorn the lien thereof, 2. No term, provision, covenant, obligation, restriction, responsibility or imposition created by this First Amendment to the Declaration of Covenants. Conditions and Restrictions may be amended, modified or repealed, without an affirmative vote of owners of eighty (80%) of tile Memberships of tile Association. 3. Except as amended hereby, all of the terms, covenants, promises, restrictions and provisions contained in the Declaration shall remain in full force and effect, In Witness Whereof, this Amendment has been duly signed on behalf of the Association, by its President as of the day and year first above written. proved to me by satisfactory evidence; proved to me on the oath or affirmation of who is personally known to me, - ------------- •-yj jw at r signet on irfe-prete&, 19 ned record, aCil ftcknowledged to me that he/she/they signed it voluntarily for its stated purpose. 0 Certification of Validity of Amendment To Declaration Of Covenants, Conditions and Restrictions Of Queens Grant Recreation Assn., Inc. At the direction of the President of Queens Grant Recreation Assn., Inc.. and pursuant to Article IX, Section 4., of the Declaration of Covenants, Conditions and Restrictions 01' Queens Grant Recreation Assn., Inc, recorded in Book 617 Page 152 of the Fender County Registry, the undersigned Secretary of Queens Grant Recreation Assn... Inc. certifies that the foregoing Amendment has been duly proposed and approved by 7/1 % of the Members of Queens Grant Recreation Assn,, Inc, and it is, therefore, a valid Amendment to the said Declaration. Said Amendment is authorized, approved and shall be duly recorded in the office of the Register of Deeds for Pender County, North Carolina. Queens Grant Recreation Assn., Inc. ley' Secretary State of North Carolina County of AAC-Z-z,tf-; /, 1, 5, , a Notary Public of /) &/z, tl "'i /Ij County, State ofNor(h Carolina do certify that on ibisf day of 2014, before one personally appeared Secretary of Queens Grant Recreation Assn., Inc. t///- personally known to me; proved to me by satisfactory evidence; proved to me on the oath or affin-nation of who is personally known to rne, to be the person(s) whose names) is/are signed on the preceding or attached reqprq;an d .p acknowledged to me that he/she/they signed it voluntarily for its stated X / Notary Public (Seal) My Commission expires: