HomeMy WebLinkAboutSW8940814_Current Permit_19980911State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Division of Water Quality
Mr. Rodney Q. Harris, President
Dallas Harris Real Estate Construction
PO Box 531
Wrightsville Beach, NC 28480
Dear Mr. Harris:
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NORTH C.AMOLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 11, i998
Subject: Permit No. SW8 940814
Covil Estates II
Low Density Subdivision Stormwater Permit
New Hanover County
The Wilmington Regional Office received the revised plans for the Stormwater Management Permit Application for Covil
Estates II on July 9, 1998. Staff review of the plans and specifications has determined that the project, as proposed, will comply
with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 940814, dated
September 11, 1998, for the construction of the project Covil Estates H.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified Therein, and does not supersede any other agency permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory
hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative
Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact either Linda Lewis or me at
(910) 395-3900.
Sincerely,
Rick Shiver
Water Quality Regional Supervisor
RSS/arl: S:\WQS\STORMWAT\PERMIT\940814.SEP
cc: Phil Tripp, P.E.
Tony Roberts, New Hanover County Inspections
Beth Easley, New Hanover County Engineering
David Thomas, NCDOT Division 3 District 3 Engineer
Wfl n;,gton Reti inal Office
Central Files
-- -. _ Linda -Lewis - -----
127. Cardinal Dr. Ext, Wilmington, North Carolina 28405 - . --Telephone 910-395-3900 -- •FAX 910-350-2004
An Equal•Opportunity Affirmative Action -Employer - . --.- _: - `-50P/o-recycled/10%--post-consumer paper
State Stormwater Management- Systems'
Permit No.SW8 940814
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
V
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Dallas Harris Real Estate Construction
Covil Estates II
New Hanover County
FOR THE
construction, operation and maintenance of a 25 % low density subdivision with a curb outlet system in compliance with
the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules") and the approved stormwater
management plans and specifications, and other supporting data as attached and on file with and approved by the Division
of Water Quality and considered a part of this permit for Covil Estates H.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 158 lots is limited to a maximum built -upon area as follows: Snug Harbour lI 04,830 ft2; Peppertree
@3,930 ft2; Covil Point @6,480 ft2, as defined by the stormwater rules, and as indicated in the approved plans.
CAMA regulations may reduce the allowable built -upon area for those lots within the AEC.
2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 25 % of less, per the
requirements of Section 1005 of the stormwater rules.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit.
4. The development covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all
impervious areas and the mean high water line of surface waters.
- 5 .— No piping. shall, be -allowed _except;.those,..minimum amounts necessary-to--direct-runoff-beneath an -impervious.
surface -such as a road or under driveways to provide access to lots. No piping shall be allowed in a curb outlet
system swale.
State Stormwater Management Systems
Permit No.SW8 940814
6. Each designated curb outlet swale shown on the approved plan is required to be 100' long with side slopes no
steeper than 5:1 (H:V), have a longitudinal slope no steeper than 5%, carry the flow from a 10 year storm in a
non -erosive manner, and have a dense vegetated cover, per Section .1008 (g) of the stormwater rules.
7. Runoff conveyances other than. the curb audet system swales, such as perimeter ditches, roust be vegetated with
side slopes no steeper than 3:1 (H:V).
H. SCHEDULE OF COMPLIANCE
1. Curb outlet swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be
operational for their intended use prior to the construction of any built -upon surface, per the approved plans
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated
conveyances will be repaired immediately.
3. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted
stormwater management systems at optimum efficiency to include:
a. Inspections
b. Sediment removal.
C. Mowing, and revegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and specifications.
f. Cleaning and repair of catch basin grates, flumes, piping, and the flow spreader mechanism..
4. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -
upon area. Once the lot transfer is complete, the built -upon area may not be revised without approval from the
Division of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual
property owner.
5. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the
Register of Deeds prior to the sale of any lot. The permittee shall submit a copy of the recorded deed restrictions
within 30 days of the date of recording. Recorded deed restrictions must include, as a minimum, the following
statements related to stormwater management:
a. The maximum allowable built -upon area per lot is as follows: Snug Harbour 11 @4,830 ft2; Peppertree
@3,930 ft2; Covil Point @6,480 ft2. Built -upon area includes that portion of the right-of-way between the
front lot line and the edge of the pavement, structures, pavement, walkways of brick, stone, slate, but not
including wood decking, or the water surface of swimming pools. "
b. "The covenants pertaining to stormwater regulations may not be changed or deleted without concurrence
of the Division of Water Quality. "
C. "Filling in, piping or altering any vegetated conveyances -(ditches, swales, etc.) associated with the
development except for average driveway crossings, is prohibited by any persons."
d. "Lots within CAMA's Area of Environmental Concern may have the permitted built -upon area reduced
due to CAMA jurisdiction within the AEC."
:.?�.: .:......r: �.. -... ��'•--�...:-4rofi.+i....f�..�s�.—,_ .._ `...tr..;w+++�:..:.i Lv-.r.+e.'i.r:--k-rT �i^= �� �[si'_�: _. ..'.:,i •cu :-1 -t F: nr :... ',. y.a. - _._.
e: "Filling' m,- piping or altering any designated curb outlet swale associated with the development is
prohibited -by any persons. " - -
State Stormwater Management •Systemse
Permit No.SW8 940814
6. The permittee must certify in writing that the project's stormwater controls, and impervious surfaces have been
constructed within substantial intent of the approved plans and specifications. Any deviation from the approved
plans must be noted on the Certification. The permittee shall submit the Certification to the Division within 30 days
of completion of the project.
7. The permittee shall submit all information requested by the Director or his representative within the time frame
specified in the written information request.
8. The permittee shall notify the Division of Water Quality of any mailing address changes within 30 days of moving.
The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been made.
10. The following items will require a modification to the permit. Revised plans, specifications and calculations must
be permitted prior to the permittee beginning construction on the modification:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built -upon area.
e. Further subdivision of the project area..
f. Filling in, piping, or altering any vegetative conveyance shown on the approved plan
11. The Director may determine that other revisions to the project should require a modification to the permit.
12. The permittee will replace the previously approved plan sheet C-1 with the Sepetember 11, 1998 approved revision,
and shall add sheet C-1.1 to the approved plan set.
M. GENERAL CONDITIONS
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit
modification, revocation and reissuance, or termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and
reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 15A
of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215.1
et. al.
5. The permit is not transferable to any person or entity except after notice to and approval by the Director. The
Director may require modification or revocation and reissuance of the permit to change the name and incorporate
such:other requirements -as may, be neoe sazy:_formaipermitrequestxriust;be.submitted,to` he=Division of Water
T-- Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting
_ materials as maybe: appropriate,_ .The_approval.of this -request -will :be -considered on;its merits .-and may or may
_ _. -
=: --snot be approved. -
4
State Stormwater Management Systems
Permit No.SW8 940814
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state and federal) which
have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted.
7. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of
inspecting the stormwater control system and it's components.
Permit issued this the llth day of September, 1998.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
---t----'` C.
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 940814
_ 5_
DIVISION OF ENVIRONMENTAL MANAGEMENT A&K #94238
DENSITY X ENGINEERED
PROJECT DATA
Project Name Covil Estates Phase II, "Peppertree", "Snug Harbor II" and "Cavil Point"
Location (County, Township/Municipality, Address, State Road) New Hanover Caanty
Near Military Cut-off Road and Market Street
Owner's Name Dallas Harris Real Estate Construction
MailingAddress P.O. Bc K 531
Wrightsville Beach, NC 28480
Phone Number 210/256-4475 Submittal Date November 22, 1994
Brief Description (include map and appropriate drawings) Development of 158 single family
residential lots
Name of Water Body Receiving Stormwater Runoff Uhnamed tributary to Hcwe's Creek
Classification of Water Body SA If SA waters, engineered system, and distance is <0.5
miles, attach report of chloride sampling results mg/1
State/Federal Permits/Am rovals Required (Check appropriate blanks)
CAMA Major = Sedimentation/Erosion Control X
404 Permit DEM/DHS Sewage Disposal X
Other (Specify)
CALCULATION OF BUILT UPON AREA
Built upon area means that portion of a development that is covered by impervious or partially pervious cover
including buildings, pavement, recreation facilities, gravel, etc., but not including wood decking. If the project
includes areas draining to different water classifications, please note them separately below.
Classification
Built upon area
Total Project Area
% Built upon Area
Allowable B/U Area
Subwatershed
SA
1,008,240 SF
94.17 AC.
24. 6%
1,025,500 SF
Subwatershed
Is the Project B/U Area S the Allowable B/U Area? Yes (If no, an engineered system is required.)
% Built upon area = (built upon area / total project area) * 100
Built upon area limits for projects to meet density: SA waters — 25%, Other —30 Office use only
STORMWATER COLLECTION SYSTEM
Describe how the runoff will be treated open swales
&CE9YEUD
NOV
2
8 1991
DEM
# aos q40 9 l¢
BUFFER AREA
Is the built upon area at least 30 feet from mean high water of all surface waters? Yes If no, please
provide a description
(Note: Only boat ramps, public roads, public bridges, and walkways to water related facilities are allowed
within 30 feet of the mean high water line if the project is intended to meet stormwater control
requirements through density limits.)
DEED RESTRICTIONS AND PROTECTIVE COVENANTS
By my signature below, I certify that the recorded deed restrictions and protective covenants for this project
shall limit the allowable built -upon area per lot to ** see below square feet inclusive of right-of-way,
structures, pavement, walkways or patios of brick, stone, or slate, not including wood decking, state that
the covenants will be binding on all parties and persons claiming under them, that they will run with the
land, and that benefits may be enforced by the State of North Carolina, therefore, the covenant cannot be
changed or deleted without consent of the State. ** "Snug Harbor II" = 4, 650 SF
CERTIFICATION
"Peppertree" = 3,750 SF
"Cavil Point" = 6,300 SF
I, Rodney Q. Harris , 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 requirements of 15 NCAC
2H.1003 (b). I authorize the below named person or firm to submit stormwater plans on my behalf, and
agree to abide by the deed restriction statement above.
Y �r
Owner' nature Dati
Provide authorized person or firm name and address below:
Phillip G. Tripp, P.E.
Andrew & Kuske Consulting Engineers, Inc.
202 North Fifth Avenue
Wilmington, NC 28401
I, Jeri a. '7'1'1 • CoIfMah , allotary Public forthe State of oeavDbi n2 ,
County of i1 e LJ flan o J{ do hereby certify that 411d filav r t S personally
appeared before me this �3 d day of 'Y1 o v f *n �' 1J? , and acknowledges the due execution
of the foregoing instrument. Witness my hand and off
M commission expires 7 afo- 9 7
y 1?
�A' oP
DIVISION OF ENVIRONMENT NT SIGN -OFF
Regional Office
Date
Date
Individual Evaluating Forms/Plans
Regional Water Quality Supervisor
cc: Y . Applicant[WiRO/Bradley Bennett/Central Files
perk-:®e
• 1809 0550
STATE OF NORTH CARO&f(A -r ;.-' DECLARATION OF COVENANTS,
HEW HANOVEU C0. NC. CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER OF pap= TREE at COVIL
9i SEP 8 PR 12 56EMATM
THIS DECLARATION, made the 9u day of 1994,
by DALLAS NARRIS REAL MATE-CCMSTRUCTION, I TED, a?North
Carolina corporation, hereinafter referred to as "Declarant":
Whereas, Declarant is the owner of certain property in New
Hanover County, North Carolina, which is more particularly
described as follows:
BEING all of PEPPER TREE at COVIL ESTATES, as the same is
shown on a map thereof recorded in Nap Book 33, page 2A in
the office of the Register of Deeds of New Hanover County,
North Carolina, reference to which is hereby made for a more
particular description.
NOW, THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed
subject to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with the real property and
be binding on all parties having any right, title or interest in
the described properties or any part thereof, their heirs,
successors and assigns, and shall inure to the benefit of each
owner thereof.
000os4 ARTICLE I.
DEFXNITIM
-\R used herein, the following terms shall mean:
section 1. &SUgC T� shall mean and refer to PEPPER TREE
at CDVIL ESTAIM HMMOMM# ASSOCIATION, INC., a North Carolina
non-profit corporation, its successors and assigns, the owners'
association organised for the mutual benefit and protection of
the properties. All property owners of lots in PEPPER TMEB at
COVIL BSram and any adjoining areas hereafter developed and
subjected to this Declaration, if any, shall be members of the
Association, which membership shall be appurtenant to and may not
be separated from the ownership of such single family or multi-
family lot.
Section 2. shall mean and refer to the record owner,
whether one or more persons or entities, of fee simple title to
any lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as
security for the performance of an obligation.
Section 3. MQpMC= shall mean and refer to all of PEPPER
MW at covIL =STATES as described above, and any of the
additional properties that may hereafter be brought within the
1�..
jurisdiction of the Association as herein provided.
Section 4. ADDITIONAL PROMMES shall mean and refer to
any lands adjoining the Properties or within a one mile radius
thereof which are now Grimed or may be hereafter acquired or
developed by the Declarant and annexed to and made a part of the
r�1
Properties by the Declarant and subjected to this Declaration
without the assent or vote of the owners of lots as hereinafter
Properties shall
provided. The annexation of such Additional
become effective by the recording by the Declarant of an amended
declaration for each new section annexed.
Section 5. = shall mean and refer to all real
property owned 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 shall
344369
1809 0559
ARTICLE VIII.
Section 1. Land UAe and Building Type. Except as provided
in section 14 below, no lot in PWM 7RiDE at COiVIL ES1' M shall
be used for any purposes except residential purposes. All lots
(herein referred to as "single family lots") shall be restricted
for construction of single family dwellings only. Any building
erected, altered, placed or permitted to remain on any lot shall
be subject to the provisions of Article VII of this Declaration'
relating to architectural control.
Section 2. Impervious surface. No more than 3,510 square
feet of any lot shall be covered by structures and/or paved
surfaces, including walkways or patios of brick, slate or similar
materials, but specifically excluding walkways and decks of wood
provided that such walkways and decks are constructed in such a
manner as to allow storm water run off to infiltrate the soil
beneath the same. This covenant is intended to insure compliance
with storm water run off rules heretofore adopted by the State of
North Carolina. Accordingly, its provisions may be enforced by
the State of North Carolina.
Section 3. Nuisances. No noxious or offensive activity
shall be carried on upon any lot, nor shall anything be done
thereon which may be or may become an annoyance or nuisance to
the neighbn rbood. No one shall maintain any plants or animals,
nor device or thing of any sort whose normal activities or
existence or other nature may diminish or destroy the enjoyment
of other property in the neighborhood by the owners thereof. It
shall be the responsibility of each lot owner to prevent the
development of any unclean, unsightly, or unkept condition of
buildings or grounds on such lot which would tend substantially
to decrease the beauty of the neighborhood as a whole or the
specific area.
Section 4. Temporary Structures. No structure of a
temporary character, trailer, basement, tent, shack, garage, barn
or other outbuilding shall be used on any lot at any time as a
residence either temporarily or permanently without the written
consent of the Association or its designee.
Section 5. Reorsational Vehicles. No boat, motor boat,
camper, trailer, motor or mobile homes, or similar type vehicle,
shall be permitted to remain on any lot or any street in the
properties at any time, without the written consent of the
Association or its designee.
Section 6. AniMAU. No animals, livestock or poultry of any
kind shall be kept or maintained on any lot or in any dwelling
except that dogs, cats or other household pets may be kept or
maintained provided that they are not kept or maintained for
commercial purposes and provided further that they are not
allowed to run free and are at all times properly leashed.
Section 7. Television Satellite Dishes and Outside
w..*,�. No television satellite signal receiving dishes will
be permitted on any lot and no outside radio or television
antennas shall be erected on any lot or dwelling unit within the
Properties unless and until permission for the same has been
granted by the Hoard of Directors of the Association or its
Architectural Control Committee.
Section S. Window coverings. All drapes, curtains, or
other similar materials hung at windows, or in any manner as to
be visible from the outside, of any building erected upon any lot
shall be of a white or neutral background material.
10
J. G tI J J J .• 11�
in this section shall become effective upon the filing by the
Declarant of a supplemental or amended declaration in the Office
of the Register of Deeds of New Hanover County.
ARTICLE XI.
GENERAL RMISIONS
Section 1. Enforcement. The Association, or any owner,
shall have the right tc enforce, by any proceeding at law or in
equity, all restrictions, covenants, conditions, reservations
liens and charges now or hereafter imposed by the provisions of
this Declaration. Failure by the Association or by an 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. Enforcement of Stara Water Runoff Regulations.
The State of North Carolina is hereby made a beneficiary of this
Declaration to the extent necessary to enforce its storm water
runoff regulations as the same may be amended from time to time.
Section 3. Sever■hility. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
wise affect any other provisions which shall remain in full force
and effect.
Section g. Lots Subject to Declaration. All present and
future owners, tenants and occupants of lots and their guests or
invitees, shall be subject to, and shall comply with the
provisions of the Declaration, and any amendments. The
acceptance of a deed of conveyance or the entering into of a
lease or the entering into occupancy of any lot shall constitute
an agreement that the provisions of the Declaration are accepted
and ratified by such owner, tenant or occupant. The covenants•'
and restrictions of this Declaration shall inure to the benefit
of and be enforceable by the Association, or the owner of any
lot, their respective legal representatives, heirs, successors
and assigns, and shall ran with and bind the land and shall bind
any person having at any time any interest or estate in any lot,
as though such provisions were made a part of each and every deed
of conveyance or lease, for a term of twenty (20) years from the
date tpnis Declaration is recorded, after which time they shall he
automatically extended for successive periods of ten (10) years.
Section 5. Amendment of Declaration. Except as provided in
Article XI, section 2 above, Section 6 below, and elsewhere
herein, the covenants and restrictions of this Declaration may be
amended only by an instrument duly recorded in the Office of the
Register of Deeds of New Hanover County executed by the duly
authorized officers of the association upon the vote of not less
than two-thirds (2/3) of the Lot Owners, provided that no
amendment shall alter any obligation to pay ad valorem taxes or
assessments for public improvements, as herein provided, or
affect any lien for the payment thereof established herein. In
no event may the Declaration be amended so as to deprive the
Declarant of any rights herein granted or reserved unto
Declarant.
Section 6. amendments by the Declarant. The following
amendments may be effected by the Declarant, or the Board, as the
case may be, without consent of the members:
a. Prior to the sale of the first lot, this Declaration may be
amended by the Declarant.
b. Declarant may amend this Declaration upon annexation of
additional lands as specified in Article xi, section 2,
herein.
13
--_ _ RFCDRnED�t�rR IIII
Rif 41
c'CISIER (IFc - ` 8 / 7
NE:% HANOVER COUNTY NORTH CAROLINA Co. RC,
4 JACK G. STOCKS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY THIS F'.AT IS OF . SURVEY THAT CREATES A SUBDA49ON OF LAND �94 JUL IV pne IN �ND� GORY NORM CAROLINA NEW HANOV0 COUNTY WR7h' CAROLINA
SUPERVISIONPHOM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION WITHIN THE AREA 7F A COUNTY OR MUNICIPALITY THAT HAS AN r 77 Z �8 4 A NOTARY PUBLIC OF THE COUNTY AND STATE 4FLWESAW. CERTIFY THE FOREGOING CERTIFICATE OF EVONW M SMIN NOTARY PUISJC OF
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CERTIFICATE OF DISCLOSURE FOR PRIVATE DEVELOPMENTS + Q/
•IS c.�5 R b'O U EWE! ACKNOWLEDGE THAT NEITHER THE STATE NOR THE COL4VTf p
R.�iirrTe, I.. A.=; ae'31^ A•llaza � P y5•°U' �t?YI' SHALL SE RESPONSIBLE FOR MAINTENANCE OF ANY STREETS, PARKS. (97 4A Q
T- 19.0o JoDRAINAGE, OPEN SPACE OR OTHER AREAS W"GH ARE DESIGNATED FOR _
Co'-'� -a Fy c r:• o�' •z6•� O� PRIVATE USE / X) ACKNOWLEDGE THAT PRIOR TO CON7RAcTWG - °I .
61G9•SS'OS`C Nl5'e3ye',L'e 6P'�
a• a I ae. cu. aoJQ� WITH A PROSPECTIVE BUYEIL I SHALL GIVE THE BUYER A WRITTEN 0
57ATEMFNT WHICH DLSCLO9E5 THE EKISTANCE AND LOCA77OW OF SUCH
.5 J4+A s PRIVATE AREAS AND SPECIFIES THE M4WTANCE RESPONSIBILITIES FOR I pI
4�o•4B SAME WHEN APPUCA&4 THE STATEMENT SHALL DISCLOSE THAT
CFJTTTFfCATE OF OWNERSHIP. DEDICATION AFD JI1g15DIGT10N: THE STREMW WILL NOT Be CONSTRUCTED TO AW A UM STANDARDS CERTIFICATE MCLAW WG WATER/SEWER SURA&LITY;
IfWEI HEREBY CER77F7 THAT I f WEl ARE THE OWNERS OF THE PROPERTY SHOWN AND DESCRIBED HEREON AND SUFFKTENT TO ALLL"N THEIR fNCLUSfON OWN THE STAT E HIGHWAY NOTW,THSTAfdAMG NEW HANOAY OT REC APPROVAL OF THIS PLAT,
.O� THAT I (WET HFRE'BY ADOPT THIS PLAN OF SUABDIVIMON WITH MY f01M1 FREE CONSENT ESTABLISH THE MINIMUM SYSTEM FOR MAINTENANCE LOTS S'-10'NN ON SAID PLAT MAY NOT RECEIVE HEALTH DEPARTMENT
CERTIFICATE OF APPROVAL BUILDING LINES AND DEDICATION OF ALL STREETS, ALLEYS WALKS. PARKS. CONSERVATION WACEAND OTHER APPROVAL FOR ON SITE SEWAGE DISPOSAL SYSTEMS, NOR FOR
A' INC DFPT AREAS TO PUBLIC OR 190V/!TE USE AS NOTED. ALL ROADS AND DRAINAGE EASEMENTS ARE DEDICATED FOR PUBLk !8 9 / V.O/VIL`UAL WATER SUPPLY SYSTEMS.
6" LMUTY PIMPOSCS TIMER, I IWFJ CERTIFY THE LAND AS SHOWN HEREON 16 LOCATED WITHIN THE SUBDIVISION OATH
JURISDICTION OP MEW HANOVER COUNTY.
4/f8f 44. NOTE:
DATEALL LOTS SUBJECT TO A 10' UMTY EASEMENT ALONG THE R1OHT OF 12.34 qc. +
WAY OF ALL STREETS _
JACK G"STOCKS SECTION I HARNETT TOWNSHIP NEW HANOVER COUNTY A NORTH CAROLINA
REGISTERED LAND SURVEYOR PEPPER
N.C, REGISTRATION NO. L-856SCALE UV> SET
11 ii e� 60 0 60 120 190 2�{0 300
WILMINGTON, N.C. Srar c• 1-_sp �- FE9RLIARY, 1984
AT C O VI L ESTATES OEVELOP�O ®Y: OAl INS HaRRJ9. P.D. 8oX 5_3L WRIONT3VILLF��ECy 1LC_,
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STOCKS.
CEN' NORTH CAROLINA NEW HANOVER COUNTY NORTH CAROUNA NEW HAROVER COUNTY NORTH TJIROLIlA
VV , .aCn 6. STOCKS, CERTIFY THAT T. PLA7 WAS DRAWN tWOFR MY THIS PLATS A RECONFIGIWIT9W OF F_XLSTWU PARCELS OF LAND. A NOTARY PUBLIC OF TfiE COtMY�1N® STATEAFORE54rD. T1fE FOREGOING CERTffICATE OF EVONNE N. SMITH, NOTARY PLBLIC OF
f SUPERVALON FROM AN ACTUAL SNQ MADE IR®ER MY SUP�N151ON CERTIFY THAT JACK a STOCKS, REGLSiII2ET) ll1ND SIANEYOR, NEW HANOVEA COtAYTY 15 CERT/ 1 TO B CORRECT. HALED FO4?
/+J( !DEcO DESCA"I'm RECORDED W BOOK .c , PANE= l,- THAT THE J1Y YL9. llP
PCNMOIALLYAPPEARED BEFORE E TINS DAY Am flEGISTPATION aV TH :tpAY I qT AM
BOLNDARIF_S NOT SURVEYED ARE CLEARLY ODMAiFD 45 ORAYN+PTROM AOKNOWLEDGED THE EXECUTION OF THEFOREGOING AND DULY RECORDED 61 MAP AT PA6E
I W wFalAtlA7 aV FOIAVD DV 9"( -, PAGE_ ; THAT THE RATIO 4
1F INSTRLI ENr WITNESS NY HA/AAE�PfJF70AL STAMP OR
li PREC,..ASC.L�RAATED 1S 1. 10000; THAT THIS PLAT WAS JACK fn siocxs SEAL, TWg�DAY OF Iq�Y ��
y� PREPARED A° ACCORDANCE WITH
QS. 4T-JO AS AMENDED- WITNESS JAC a REGISTRATION N0. L-696 --Tom'""`'` SUE DOTS 4!d NyyES '
•! DAY OFy�[(L AD, 19e¢ Tum nom AiLmeo AND SEAL rmrV- N _ tY -''. `Tq. EVONNE M. SMITH R 5 OEE05
m 9-o NOTARY KSLIC
MY COMNgSSION EMPIRES 11/14/96 BY. 3.
V NOMEOW' ASSpLWIION COVENANTS COM71TfON5 AND ^ 1
/ N Z37RATION NO. L-256 `RZ' .� C RESTRnT10N5 F1EG FOR REGISTRATION ON THE _JAY OF
C5, • "1 �� f9_AT AM/PM Am DULY RECORDED IN DEED BOOK —AT PAGE_
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p _,1. 4'115 ZR41"Tbl¢ BUYER A WRITTEN
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SAME.. WHEN APPLICABSHALLTHE STATEMENT SHALL THAT
THE STREET(S)WO_L NOT BE CONSTRUCTED TO MINgMAA STANDARDS CERTIT)ISTEDISCLAIANNANOVER/SEVER APPROVAL
L'ERTIFICATE OF OWNERSHIP. DEO'C-TION HE ABISDICTION: NOTWITHSTAI+OING NEW MINIVER COUNTY APPROVAL [1F TINS PLAT
(WE) HEREBY CERTIFY THAT WAR ARE THE OWNERS OF THE PROPERTY SHOWN AND SUFFNCIEVT TO ALLOW THEIR INCLUSION ON THE STATE HIGHWAY LOTS SHOWN ON SAA] PLAT MAY NOT RECEIVE HEALTH DEPARrlE9r
\ D I FREE C FD HEREON AND THAT I (WE) HEREBY ADOPT THIS PLAN OF SUBDIVISION WITH MY (OUR) SYSTEM FOR MAINTENANCE APPROVAL FOR ON STTE SEWAGE DISPOSAL SYSTEMS, NOR FOR
SS FREE CONSENT ESTABLISH THE MNMAUM BUILDWG LINES AND OWCATKRN OF ALL STREETS.
ALLEYS, NWLK; PARKS, CONMW4T)ON SPACE AND OTTER AREAS TO PUBLIC OR PRIVATE I/SE NAXVDUAL WATER SUPPLY SYSTEMS
�'• • Pd' AS NOTE0. ALL ROADS AND DRANMGE EASEMENTS ARE DEDICATED FOR PUBLIC UTILITY f wNER[51 Y fi..5
l S4 J , f' AG t l oTG+ PURPOSES, FURTHER, I IWFJ CER71FY THE LAND AS SHOWN HEREON IS LOCATED WITHIN THE V
go°r 7N151.an sL+ cP coo es suBaur rmx of NEW HANOVER caR+TY.-�' i� VOTE:
",e 0K 754�P&� �- 59 . _ ALL LOTS SUBJECT TO A 10' UTNJTY EASEMENT ALONG THE RIGHT OF
- OIY b; WAY OF ALL STREETS tz.39 DC
JACK G. STOCKS ' REVISED SECTION I HAARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CARROLLINNAA
REGISTERED LAND SURVEYOR PEPPER T ry M SCALE IN FEET
IBC, REGISTRATION N0. L-856 /l�rs •���i000 60 a 60 1�0 rao 240 300
\ WILMINGTON, N.C_ SCALE =� JULY, 1994
AT CAVIL ESTATES DEVELOPED BY: DALLAS HARRIS, P.O. BOX 534 WRIWH75VILLE BEACH, N,G
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STAMP MSlAL, 7HB_fL�YOF � 19�
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NEW IfANOVER G018ITY NORTH,
THE FOREGOW CERTIFICATE OF EVWWAL SMTH,VOTARY PLEA[ Or
AILW IMNOVER COLOW M CFR7tF.Im TO RE CgaE'LT
R8613TM7DNWTHE Y + Ai
AM/IWAID p{LY REC01'�ETW MAP TPAGE
CERTIFICATE OF APPP.C:aL NaRYSLEavT�
NEW HANDW9L COUNTY ('IANNI :.: � .�T OF
11 .2s•45
ELATE WAPIN� B
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RECORDED AND VERIFIED
NARY SITE DOTS
REDISTER OF DEEDS
NEW HANOVER CO. RC
cERl �1CATE OF DIBCL ipN MryAIE LIEVELpPMEI/7S:
1ESPAd"D R A4THAWAME W THE STRTENOR PJ COIMACk .LDE
SIRWX f Or 10 AREAS
W/WCE DP ANYSTREED PAWS, El LW- I; OPEN
SPACE OR D"' T AREAS 1Y TO ARE DE3IGNATEO FOR ROSPEC I. t RVFJ
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W SAD rLAr MAY NorR /1EAL'lil DEPaRrIENr APPROIpLPDIt ON JfE
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/ E
ALL LOTS SEBJECT TO A1O• I MAY ETSEWVrALOWG THE NGHT' OF WAY
OFALLSTREETS
CERTIFICATE OF OWNER9IW. OWCATfW AM Jt4?ISDICTW .
I fME7 HEREBYCB[RFT'TNAT I NO ARE ME WAERS OF THE PHOPERIY SHOWN AND _ �' CWr '
DESM ED HEFEWAA00WTI fWEJ-L1�FHYADOPT IHISP4N WSIMlON731W WITH d e.DIW 7AN15BUr
W(Om FREECONSIP?rmFAeLWl THE NAMIRM 1T eMLaMO LVVES AID DFDIG1TIpN L q ! rol IW.
OF ALL SIFTS. ALLEYS MLIXS, PGIB($ L10N9ERVnW SPACE AND OVER AREAS
TO PWLfC ORPRIWITE,ISE AG NOTB.D.ALL ROADS MI)DRAwAGEFASEI.ENISAW DEDICATED FOR PLVILN: VRLTTYPt#bMSM FLiRMM I IIYFJ CERTIFY THE LANII AS
SHOW NAMES LOCATED W"WI TRESL00V19WJAV=CTIW w wwAANOYER 17•14'OI" 7G6A0 I{ Ce7
COIIIITY.
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BOOK
STATE OF NORTH C8R tltA
COUNTY OF NEW HANOVER
3'." ;Or•.(IGO 4%19 VERIFIED
p;,�y SuE DOTS
R:41S'r=R OF DEEDS
PAGE NEW HANOVER CO. NC''"
15 0'96 JUL 31 M 10 36
(THIS QUITCLAIM DEED, made and entered into this the --
day of 1996, by and between DLH DEVELOPMENT CO., LLC, a
North Carolina limited liability company, party of the first part;
and PEPPER TREE AT COVIL ESTATES HOMEOWNERS' ASSOCIATION, INC., a
North Carolina nonprofit corporation, party of the second part;
s W I T N E S S E T H:
That the party of the first part in consideration of the
sum of Ten Dollars ($10.00) and other good and valuable
considerations to said party paid by the party of the second part,
the receipt of which hereby is acknowledged, has remised and
e released, and by these presents does remise, release, and forever
quitclaim unto said party of the second part, said party's
successors and assigns, all right, title, claim and interest of the
party of the first part in and to those certain tracts or parcels
of land more particularly described on Attachment A attached hereto
and incorporated herein by reference.
TO HAVE AND TO HOLD the aforesaid tracts or parcels of
land and all privileges and appurtenances thereunto belonging to
the said party of the second part, said party's successors and
assigns free and discharged from all right, title, claim or
interest of the party of the first part.
IN TESTIMONY WHEREOF, the party of the first part has
caused this instrument to be executed under seal and in such form
as to be binding, all by authority duly given, this the day and
year first above written.
Wkk%- COT-63g. DLH DEVELOPMENT CO., LLC (SEAL)
;2 $Y (SEAL)
Rodney Harris, Manager
l:
4314M
BOOK PAGE
2065 0151
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
�.6iCe—
a Notary
Public in and for said County and State, do hereby certify that
RODNEY Q. HARRIS before me this day personally appeared, who being
by me first duly sworn, says that he is a manager of DLH
DEVEIAPMENT CO., LLC, the limited liability company described in
and which executed the foregoing instrument; that he executed said
instrument in the limited liability company name by subscribing his
name thereto; and that the instrument is the act and deed of said
limited liability company.
2 1 S1-
WITNESS my hand and notarial seal, this the J1 day of
July, 1996.
Notary Publ
!4y commission Expires:
ib -aL�-aooa
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
The foregoing certificate of
a Notary Public of said County and
said State, is certified to be correct. This instrument was
presented for registration this day and hour and duly recorded in
the office. of. the Register of Deeds of New Hanover County, North
Carolina, in Book , Page
95=073 M
+uwUV 1i7i2.
This day of 1996, at
tsl7u.""7
2
BOOK PACE
2 0 6 5 0 15 2 ATTACHMENT A
Those certain tracts or parcels of land lying and being situate in
Harnett Township, New Hanover County, North Carolina, within the
subdivision generally known as Pepper Tree at Covil Estates and
more particularly described as follows:
PARCEL 1
That parcel identified as 'CONSERVATION AREA
1.58 AC. ±" as shown on that certain map or
plat entitled "REVISED SECTION 1 PEPPER TREE
AT COVIL ESTATES," recorded in the office of
the Register of Deeds of New Hanover County in
Map Book 34, at Page 98.
PARCEL 2
That parcel identified as "CONSERVATION AREA
5.1 AC_ ±" as shown on that certain map or
plat entitled "SECTION 2 PEPPER TREE AT COVIL
ESTATES," recorded in the office of the
Register of Deeds of New Hanover County in Map
Book 34, at Page 384.
PARCEL 3
That parcel identified as "CONSERVATION AREA
0.37 AC. ±" as shown on that certain map or
plat entitled 'SECTION 3 PEPPER TREE AT COVIL
ESTATES," recorded in the office of the
Register of Deeds of New Hanover County in Map
Book 35, at Page 192.
PARCEL 4
That parcel identified as 'CONSERVATION AREA
0.71 Acres +" as shown on that certain map or
plat entitled "CONSERVATION BOUNDARY
S)F.'CTION 3, PEPPERTREE recorded in the office
of the Register of Deeds of New Hanover County
in Map Book 36, at Page 44.
The Conservation Areas are conveyed
specifically subject to 4the covenants and
provisions as more particularly set forth in
the 'Declaration - Pepper Tree at Covil
Estates Conservation Area" recorded in
Book 1, at Page /11S-, in the office of the
Register of Deeds of New Hanover County.
9590073(A)
WLMIN/n359.
oorM4 mm 228
DF DEEDS
STATE OF NORTH CAROLINA %,-.W HANOVER CO. NC
COUNTY OF NEW HANOVER -95 AUG ly Hl91104
DECLARATION OF WMMU, CONDITI(NfS AND RH'SZ$ICTIONS
OF W MM at COVIL ESTATES BOA, INC.
PHIS DECLARATION, made the Ii day of
19�J , by DIE DEVEMPHENT Co., LLC, a North Carina limited
liability company, hereinafter referred to as "Declarant";
Whereas, Declarant is the owner of certain property in New
Hanover County, North Carolina, which is more particularly
described as follows:
BEING all of WESSEX at COVIL ESTATES, as the same is
shown on a map thereof recorded in Nap Book 35, Page 10,
in the Office of the Register of Deeds of New Hanover
County, North Carolina, reference to which is hereby made
for a more particular description.
NOW, THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed subject
to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with the real property and be
binding on all parties having any right, title or interest in the
described properties or any part thereof, their heirs, personal
representatives, successors and assigns, and shall inure to the
benefit of each owner thereof.
ARTICLE I.
00gW 4 kAMUM
As used herein, the following terns shall mean:
Section I. ASSOCIATION shall mean and refer to W SM at
COVIL ESTATES HOA, INC., a North Carolina non-profit corporation,
its successors and assigns, the owners' association organized for
the mutual benefit and protection of the Properties. All property
owners of Ints in WESSEX at COYIL ESTATES and any adjoining areas
hereafter developed and subjected to this Declaration, if any,
shall be members of the Association, which membership shall be
appurtenant to and may not be separated from the ownership of such
single family lot.
Section 2. QW shall mean and refer to the record owner,
whether one or more persons or entities, of fee simple title to any
lot which is a part of the Properties, including contract sellers,
but excluding those having such interest merely as security for the
performance of an obligation.
Section 1. 2EQPJJffJM shall mean and refer to all of WE.SSNX
at COVIL ESTATES as described above, and any of the additional
properties that may hereafter be brought within the jurisdiction of
the Association as herein provided.
Section 4. ADDITIONAL PROPERTIES shall mean and refer to any
lands adjoining the Properties or within a one mile radius thereof
which are now owned or may be hereafter acquired or developed by
the Declarant and annexed to and made a part of the Properties by
the Declarant and subjected to this Declaration without the assent
or vote of the owners of lots as hereinafter provided. The
annexation of such Additional Properties shall become effective by
the recording by the Declarant of an amended declaration for each
new section annexed.
NEWRNEDIO %i� Ct. �• �' �°rrY
a).yc ir7�? i
383'752
BM;1914 Na 229
Section 5. COMM AREA shall mean and refer to all real
property owned 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 shall be all the area
designated as "Common Area" on the plat of VEMEX at CAVIL
ESTATES, if any, recorded or to be recorded in the New Hanover
County Registry.
Section 6. Uff shall mean and refer to any numbered lot shown
upon the recorded plat of any section of NESSEX at CAVIL ESTATES,
now or hereafter recorded in the New Hanover County Registry.
Section 7. DZ&I&H= shall be used interchangeably with
Developer (which designations shall include singular, plural,
masculine and neuter as required by the context) to mean and refer
to DIE DEVEL0PMENT CD., LLC, and its successors and assigns, if
such successors and assigns should acquire undeveloped property
from the Declarant for the purpose of development.
Section B. 2KCLfiR&TMZ shall mean this instrument as it may
be from time to time amended or supplemented.
Section 9. MUMUMMIM shall mean and refer to the rights,
privileges, benefits, duties and obligations which shall inure to
the benefit of and burden each member of the Association.
Section 10. Mgt$@ shall mean and refer to every person or
entity who owns one or more lots in NESSEX at CAVIL ESTATES.
Section 11. COVILa'lt. YYrL . shall mean and refer
to an additional non-profit corporation to be established by the
Declarant which shall own, maintain, manage, operate, and collect
assessments for the operation of the amenities at Cavil Estates,
including the pool, tennis court(s), and clubhouse. All members of
NEsBEX at WVIL ESTATES BOA, INC., shall also be members of Cavil
Estates Asanitics, Inc and shall be subject to its covenants,
conditions and restrictions, by-laws, rules and regulations. The
owners of lots in other subdivisions in Cavil Estates shall also be
member of CAVIL ESTAM AI®fM35, INC.
Section 12. aTShitectural Review Committee shall mean and
refer to the Declarant, Developer or any committee that may be
appointed to review all plans, designs and construction materials,
that are to be submitted by each lot owner prior to commencing
construction. The Architectural Review Committee will be appointed
by and be under the full control and direction of the Developer,
until all lots have been conveyed to owners. The Architectural
Review Committee will then fall under the control and direction of
the Board of Directors of the Association, which will appoint at
least three members from the membership and/or general public at
large. The Architectural Review Committee will continue to operate
so long as this Declaration is in effect, and will govern all
building additions, changes in site plan or landscape design and
will approve or disapprove any variances from the originally
approved plans.
ARTICLE II.
Owners' Easement; of Enjoyment. Every owner shall have a
right and easement of enjoyment in and to the common Area, if any,
which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
a. The right of the Association to suspend the voting rights and
privileges of an owner for any period during which any
assessment against his lot remains unpaid and for a period not
DOOK1914 rats 234
Section a. 6otice and Ouprum for any Orr; „ authorized under
Sections 3 and 5. Written notice of any meeting tailed for the
Purpose of taking any action authorized under Sections 3 and 5
shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting. At the first
such meeting called, the presence of members or of proxies entitled
to cast sixty per cent ( 603 ) of all the votes of each class of
membership shall constitute a quorum.
Section 9. Uniform Rate o Amoco c�eonM, Both annual and
special assessments must be fixed at a uniform rate for all lots
and may be collected on a monthly basis.
Section 10. Assessments for
each lot shall commence upon the date of acceptance by an owner of
a deed from Declarant. Declarant shall not be required to pay any
assessments on lots owned by the Declarant, except for those lots
retained for rental purposes for which Declarant shall pay
maintenance assessments which shall commence upon the date the same
are occupied by a tenant.
Section 11. Effect of Nonpayment of eeaccmP.,t
of the Associa ,ion. Any assessment not within thirty
(330)
days after the due date shall bear interestfromthe due date at
the highest rate allowable by law. The Association may bring an
action at law against the owner personally obligated to pay the
same, and/or foreclose the lien against the property and may pursue
any other legal or equitable remedy available. No owner may avoid
liability for the assessments provided for herein by nonuse of the
Common Area, Amenities or by abandoning his Lot.
Section 12. Subordinatio.+ of the i o
— The lien
of the assessments Provided for herein shall be subordinate to the
lien of any first mortgage- Sale or transfer of any lot shall not
affect the assessment lien. However, the sale or transfer of any
lot pursuant to mortgage 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 transfer shall relieve such lot from liability for any
assessments thereafter becoming due or from the lien thereof.
Section 13.
Association shall serve as the agent for O0'VIL ESTATES 3Z2-ANWTrKR. INC. The
INC. with regard to the collection of assessments from membersBof the Association necessary to meet the financial needs of COVIL
ESTATES AMENITIES, INC. The assessment structure and the
collection procedure set out hereinabove in Sections 1 through 11
shall also apply to and have the same force and effect with regard
to COvil Estates HOA assessments whether annual, special, working
capital or insurance. The ODVIL ESTATES AN NITIES, INC.
assessments shall be established by the Board of Directors of LVVIL
ESTATES AMENITIES, INC. and their determination shall be final.
Members of the Association shall commence paying quarterly annual
assessments to ODVIL ESTATES AM XTIE3, I*C, when any of the
amenities of ODOIL ESTATES AmmITIES, INC, become available for
general use by the Association's members.
ARTICLE VIi.
The Association, at its expense, shall be responsible for
maintaining, repairing and replacing the planting easement areas,
the store water drainage system, including any retention ponds, all
drainage lines, pipes and ditches which are located on the
Properties, except those constructed by individual lot owners and
located within individual lots. The Association shall have the
right to go onto the lots at reasonable times for the purpose of
W1914 mm 235
maintaining, repairing and replacing all utility and drainage lines
and pipes which might be located on such lots; and each owner
hereby grants permission to the Association to enter his lot for
such purposes.
In the event that such need for maintenance, repair or
replacement (other than such being caused by fire, lightning,
windstorm, hail, explosion; riot, riot attending a strike, civil
commotion, aircraft, vehicles, and smoke, as the foregoing are
defined and explained in North Carolina Standard Fire and Extended
Coverage Insurance Policies) is caused through the willful, or
negligent act of the owner, his family, guests or invitees, the
cost of such maintenance, replacement, or repair, shall be added to
and become a part of the assessment to which such lot is subject.
Notwithstanding the foregoing, the Association shall have the right
to recover through legal action the cost of such maintenance,
replacement or repair, including interest, court costs and
reasonable attorneys, fees, from those persons legally responsible
for causing damage to the property of the Association.
The Association shall maintain all Common Area, including
roadways, signage, plantings and shrubbery, boardwalks or walkways,
located thereon, and lighting fixtures and shall pay all costs of
operation thereof including premiums associated with general
liability insurance insuring the Association from liability arising
from ownership and operation thereof.
In order to enable the Association to accomplish the foregoing
there is hereby reserved to the Association the right to
unobstructed access over, on, upoa', through and across each lot and
the structures and improvements thereon and its limited common
area, if any, at all reasonable times to perform the maintenance
and repair required under this Article.
In the event that any maintenance or repair of the lot, and
any structures and improvements thereon, is required to he done or
performed as a result of the negligent or willful acts of the
owner, as determined by the Board of Directors of the Association,
or the family, tenants, contract purchasers, guests or invitees of
the owner, or is caused by fire, wind, rain, blowing water,
lightning, smoke or other hazard or casualty, then, in the sole
discretion of the Board of Directors the costs of such maintenance
or repairs, not fully covered by insurance, may be levied as a
special assessment against only the lot sustaining such damage
which the owner shall pay to the Association within fifteen (15)
days of the date of written notice to the owner from the
Association requesting such payment. ordinary wear and tear is not
covered by this paragraph.
ARTICLE VIII.
Section 1. Land_ Use. All lots shall be single family
residential lots and shall be used for residential purposes only.
Section 2. mild. a Annrev■;- The Developer reserves the
right to control and/or approve the site and location of any house
or dwelling or other structure upon any lot. A plot plan shall be
furnished to the Developer or Architectural Review Committee prior
to the beginning of construction on any lot. All building plans,
site locations for residences and landscape plans must be approved
by the Developer or Architectural Review Conittee prior to the
commencement of construction, so long as the Developer shall own
any lot in the properties or any additions annexed thereto by
supplemental declaration or amendment to this declaration. No
house shall be erected closer to the front lot line or nearer to
any side line than the minimum distances established by applicable
W191a
governmental agencies and ordinances. The Architectural Review
Committee will have final approval on any and all set backs within
the development. On corner lots, the side having the least
frontage shall be considered the front lot line. Care should be
taken during the design of a corner lot residence, to present an
acceptable view of the residence from any and all streets.
Section 3. BUildiag-TI= No residence being :"er than z000
square feet of heated floor space shall be permitted, providing the
unit has only one floor and fewer than 2200 square feet, providing
the unit has two or more floors, exclusive of porches, steps,
walks, garages, carports, and storage areas. In addition, at least
a two car garage must be constructed at the time the main structure
is constructed. Iit the case where the heated floor space is not
more than ten percent below the minimum set out above, the
Developer, Architectural Review Committee or its designated agents
may, at their option, approve the construction of the dwelling if
it is in conformity with the general development of the
subdivision.
Section 4. all lots shall be limited to 4800 square feet of
impervious surface. Impervious surface includes the total area
covered by structures and/or paved surfaces, including walkways,
driveways or patios of brick, stone, slate or similar materials,
all of which constitutes effective impervious cover which is
controlled by North Carolina Coastal Storawater Regulations.
Section 5. No concrete block, concrete brick, asbestos
siding, aluminum siding, cinder block or tar paper composition may
be used for the exterior of any residence constructed on any lot.
Only conventional frame, brick, wood, clay brick or stucco
exteriors will be approved and authorized.
Section 6. Except as provided in Section 7, no house trailer,
mobile home, storage building, travel trailer or other recreational
vehicle, tent, shack, or temporary structure of any nature shall be
I
ocated on any lot or used at any time as a residence, temporarily
or permanently.
Section 7. The Developer will have the right to erect and
maintain a temporary sales office within the development for as
long as it owns any lot. The temporary sales office may be of any
type construction material, including but not limited to a mobile
or temporary structure.
Section 0. Boats shall be parked or stored so as not to be
visible from the street or any adjacent lot. No satellite dishes
shall be allowed upon any lot in the subdivision without prior
written approval of the Architectural Review Committee.
Section 9. No Bence or hedge shall be erected on any lot,
unless written approval has first been obtained from the Developer
or Architectural Review Committee. Any fence installed by an
owner, builder or the Developer must be inspected annually and
maintained by the owner of the lot.
Section 10. Modular or prefabricated homes and previously
constructed houses may not be erected or placed on any lot.
Section 11. No advertising signs or bill boards shall be
erected on any lot or displayed to the public on any lot, except
one sign of not more than five square feet to identify the
builder/general contractor and listing agent. This restriction
does not apply to signs erected by the Developer to identify and
advertise the subdivision as a whole.
Section 12. All fuel tanks must be buried and are governed by
the rules, regulation and codes of the State and/or County.
eood%4 am 239
such Institutional Lender or Institutional Lenders, or to the
Place which it or they may designate in writing to the
Association.
d. To inspect the books and records of the Association and the
Declaration, By -Laws and any Rules and Regulations during
normal business hours, and to obtain copies thereof.
e. To be given notice by the Association of any substantial
damage to any part of the Common Area.
f. To be given notice by the association if any portion of the
Common Area is made the subject matter of any condemnation or
eminent domain proceeding or is otherwise sought to be
acquired by a condemning authority.
Section 2. Whenever any Institutional Lender, guarantor or
insurer desires the benefits of the provisions of this section
requiring notice to be given or to be furnished a financial
statement, such lender shall serve written notice of such fact upon
the Association by registered mail or certified mail addressed tn
the Association and sent to its address stated herein, or to the
address of the property, identifying the lot upon which any such
Institutional Lender or Institutional Lenders hold any mortgage or
mortgages, or identifying any lot owned by them, or any of them,
together with sufficient pertinent facts to identify any mortgage
or mortgages which may be held by it or them, and which notice
shall designate the place to which notices are to be given by the
Association to such Institutional Lender.
ARTICLE X.
81aEXATIQ1l OP Am
Section I. Except as provided in Section 2 below, annexation
of additional property shall require the assent of two-thirds (2/3)
of the members at a meeting called for this purpose, written notice
of which shall be sent to all members not less than thirty (30)
days nor more than sixty (60) days in advance of the meeting.
Section 2. If the Declarant, its successors or assigns shall
develop all or any portion of the Additional Properties, said
Additional Properties or any portion thereof any be annexed to said
Properties without the assent of the members, provided however, the
development of the Additional Properties permits no more than 50
additional dwelling units. Annexation provided for in this section
shall become effective upon the filing by the Declarant of a
supplemental or amended declaration in the office of the Register
of Deeds of New Hanover County.
ARTICLE YI.
section 1. Enforces. The Association, or any owner, shall
have the right to enforce, by any Proceeding at law or in equity,
all restrictions, covenants, conditions, reservations liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the Association or by an 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. Enforcement of Sore wa o�ng�
The State of North Carolina is hereby made a beneficiary
Declaration to the extent necessary to enforce its Strm waatof !
eer
runoff regulations as the same may be amended from time to time.
12
DOOK19i4 pa 240
Section 3. Severabili v. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
wise affect any other provisions which shall remain in full force
and effect.
Section 4_ Lots 5ubiect to all present and
future owners, tenants and occupants of lots and their guests or
invitees, shall be subject to, and shall comply with the provisions
of the Declaration, and any amand,aents. The acceptance of a deed
of conveyance or the entering into of a lease or the entering into
occupancy of any lot shall constitute an agreement that the
provisions of the Declaration are accepted and ratified by such
owner, tenant or occupant_ The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable by the
Association, or the owner of any lot, their respective legal
representatives, heirs, successors and assigns, and shall run with
and bind the land and shall bind any person having at any time any
interest or estate in any lot, as though such provisions were made
a part of each and every deed of conveyance or lease, for a term of
twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive
periods of ten (10) years.
Section S. Amendment of _1wrs+tipn Except as provided in
Article XI, Section 2 above, Section 6 below, and elsewhere herein,
the covenants and restrictions of this Declaration may be amended
only by an instrument duly recorded in the Office of the Register
of Deeds of New Hanover County executed by the duly authorized
officers of the Association upon the vote of not less than two-
thirds (2/3) of the Lot Owners; provided that no amendment shall
alter any obligation to pay ad valorem taxes or assessments for
public improvements, as herein provided, or affect any lien for the
payment thereof established herein. In no event may the
Declaration be amended so as to deprive the Declarant of any rights
herein granted or reserved unto the Declarant.
Section 6. Amend_mnnts by hg F2= Grant, The following
amendments may be effected by the Declarant, or the Board, as the
case may be, without consent of the members:
a. Prior to the sale of the first lot, this Declaration may be
amended by the Declarant_ After the sale of one or more lots
this Declaration can be amended by the Declarant with approval
of a majority of the lot owners, or as otherwise provided
herein.
b. Declarant May amend this Declaration upon annexation of
additional lands as specified in Article XI, section 2,
herein.
c. The Board may amend this Declaration to correct any obvious
error or inconsistency in drafting, typing or reproduction.
d. The Declarant, so long as it shall retain control of the
Association, shall have the right to amend this Declaration
for the purpose of clarification, to correct any oversights or
omissions, or to conform to the requirements of any law or
governmental agency having legal jurisdiction over the
Property or to qualify the Property or eny lots ane,
d
improvements thereon for mortgage or improvement loans mad
insured or guaranteed by a governmental agency ar to comply
with the requirements of law or regulations of any corporation
or agency belonging to, sponsored by, or under the substantial
control of the United States Government or the State of North
Carolina, regarding purchase or sale of such lots and
improvements, or mortgage interests therein, as well as any
other law or regulation relating to the control of property,
including, without limitation, ecological controls,
construction standards, aesthetics, and matters affecting the
public health, safety and general welfare. A letter from an
13
official of any such corporation or agency, including, without
limitation, the veterans Administration, the United States
Department of Housing and Urban Development, the Federal Home
Loan Mortgage Corporation, the Government National Mortgage
Corporation, or the Federal National Mortgage Association
requesting or suggesting an amendment necessary to comply with
the requirements of such corporation or agency shall be
sufficient evidence of the mpproval of such corFaratiGr, or
agency, provided that the changes made substantially conform
to such request or suggestion.
e. The Declarant, for so long as it shall retain control of the
Association, and, thereafter, the Board of Directors, may
amend this Declaration as shall be necessary, in its opinion,
and without the consent of any owner, to qualify the
Association or the Property, or any portion thereof, for tax-
exempt status.
f. The Declarant for so long as it has control of the Board may
amend this Declaration to include any platting change of the
Properties as permitted herein.
Section 7. All of the provisions set forth in this
Declaration shall run with and bind the Properties for a term of
twenty (20) years from the date of the recording of this
Declaration in the office of the Register of Deeds of New Hanover
County, after which time, the Declaration, and all of its
provisions, shall be automatically extended for successive periods
of five (5) years, unless amended as permitted herein.
IN
the
has caused thhiis instrument nt to besigned executed under limited seal and inty such
form as to be legal and binding effective the day and year first
above written.
ble DRVKLDPMMt Co.. LTC ( SEAL )
BY:
RODNRY (SEAL)
IS, CO -MANAGER
STATE OF NORTH cAROLINA
COUNTY OF NEW HANOVER
I � a-/ f Notary Public in
and for the ty and State, do hereby certify that RODNEY Q.
HARRIS before me this day personally appeared Who, being by me
first duly sworn, says that he is a co -manager of DLH Development
CO., LLC, the limited liability company described in and which
executed the foregoing instrument; that be execute said instrument
in the name of the limited liability company by subscribing his
name thereto; and that the instrument is the act and deed of said
limited liability company.
Witness my1995.
hand and notarial seal, this 1'� day of
My Commission Expires:
[NOT
OMM
�� WRLM
� 4__ / _
NOTARY PUBLIC -
STATE OF NORTH CAROUNA
New Hanover County
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._RTIFICATE OF APPROVAL
NLYL HIOMM OWNTY PLANN:\] CE•T
fTL,-l1.45
DATE PLANNI 0: IOR
JACK G. STPr=
REGISTERED LAND SURVEYOR
Mr- REGISTRATION Na L-856
WILUNGTON• KC
SECTION I
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HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
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7.19H PACE 24 C;; S;=R Or AEEDS
STATE OF NORTH CAROLINA REW HaROVER CO. NC
COUNTY OF NEW HANOVER '95 RUG 19 M 1104
}HIS DECLARATION, made the �� day of
19� by DAL[.AS HARRIS REAL ESTATE- CONSTRUCTION Il ORPORATED, a
North Carolina corporation, hereinafter referred to as "Declarant":
Whereas, Declarant is the owner of certain property in New
Hanover County, North Carolina, which is more particularly
described as follows:
BEING all of VANTAGE POINT at COVIL ESTATES, as the same
is shown on a map thereof recorded in Nap Book 34,
Page 332 in the Office of the Register of Deeds of New
Hanover County, North Carolina, reference to which is
hereby made for a more particular description.
NOW, THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed subject
to the following easements, restrictions, covenants, and
conditions, which are for the purpose of protecting the value and
desirability of, and which shall run with the real property and be
binding on all parties having any right, title or interest in the
described properties or any part thereof, their heirs, successors
and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I.
As used herein, the following terms shall mean:
Section 1. ASSOCIATION shall mean and refer to VANTAGE POINT
at COVIL ESTATES HOA, Inc., a North Carolina non-profit
corporation, its successors and assigns, the owners' association
organized for the mutual benefit and protection of the Properties.
All property owners of lots in VANTAGE POI!!! at COVIL ESTATES and
any adjoining areas hereafter developed and subjected to this
Declaration, if any, shall be members of the Association, which
membership shall be appurtenant to and may not be separated from
the ownership of such single family lot.
Section 2. gig= shall mean and refer to the record owner,
whether one or more persons or entities, of fee simple title to any
lot which is a part of the Properties, including contract sellers,
but excluding those having such interest merely as security for the
performance of an obligation.
section 3. RUQpJM= shall mean and refer to all of VANTAGE
POINT at COVIL ESTATES as described above, and any of the
additional properties that may hereafter be brought within the
jurisdiction of the .Ass?.ciatioa. as herein provided.
Section 4. ADDITIONAL E2Q2jM Ps shall mean and refer to any
lands adjoining the Properties or within a one mile radius thereof
which are now owned or may be hereafter acquired or developed by
the Declarant and annexed to and made a part of the Properties by
the Declarant and subjected to this Declaration without the assent
or vote of the owners of lots as hereinafter provided. The
annexation of such Additional Properties shall become effective by
the recording by the Declarant of an arended declaration for each
new section annexed.
Oil,
383753
eooKM4 -oc€ 243
Section 5. COMMON AREA shall mean and refer to all real
property owned 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 shall be all the area
designated as "Common Area" on the plat of VANTAGE POINT at COVIL
ESTATES, if any, recorded or to be recorded in the New Hanover
County Registry.
Section 6. ITT shall mean and refer to any numbered lot shown
upon the recorded plat of any section of VANTAGE POINT at COVIL
ESTATES, now or hereafter recorded in the New Hanover County
Registry.
Section?. DECLARANT shall be used interchangeably with
Developer (which designations shall include singular, plural,
masculine and neuter as required by the context) to mean and refer
to rALLAS HAMS REAL INCORPORATED, and its
successors and assigns, if such successors and assigns should
acquire undeveloped property from the Declarant for the purpose of
development.
Section B. DECLARATION shall mean this instrument as it may
be from time to time amended or supplemented.
Section 9. M2Mp shall mean and refer to the rights,
privileges, benefits, duties and obligations which shall inure to
the benefit of and burden each member of the Association.
Section 10. XMM$@ shall mean and refer to every person or
entity who owns one or more lots in VATAGS POINT at COVIL ESTAT.M.
Section 11. LML ESTATES ANEIIITIEs. INC. shall mean and refer
to an additional non-profit corporation to be established by the
Declarant which shall own, maintain, manage, operate, and collect
assessments for the operation of the amenities at Covil Estates,
including the pool, tennis court(s), and clubhouse. All members of
VANTAGE POINT at COVIL ESTATES IM, INC., shall also be members of
Covil Estates Amenities, Inc and shall be subject to its covenants,
conditions anrd restrictions, by-laws, rules and regulations. The
owners of lots in other subdivisions in Covil Estates shall also be
members of COVIL ESTATES ANNUITIES, INC.
Section 12. arch1tect=l Review Committee shall mean and
refer to the Declarant, Developer or any committee that may be
appointed to review all plans, designs and construction materials,
that are to be submitted by each lot owner prior to commencing
construction. The Architectural Review Committee will be appointed
by and be under the full control and direction of the Developer,
until all lots have been conveyed to owners. The Architectural
Review Committee will then fall under the control and direction of
the Board of Directors of the Association, which will appoint at
least three members from the membership and/or general public at
large. The Architectural Review Committee will continue to operate
so long as this Declaration is in effect, and will govern all
building additions, changes in site plan or landscape design and
will approve or disapprove any variances from the originally
approved plans.
ARTICLE II.
Owners" Easements of En3R1;U=. Every owner shall have a
right and easement of enjoyment in and to the Common Area, if any,
which shall be appurtenant to and shall pass with the title to
every lot, subject to the following provisions:
soc%1914 ea 250
Section 2. Buildiing_ApRroval. The Developer reserves the
right to control and/or approve the site and location of any house
or dwelling or other structure upon any lot. A plot plan shall be
furnished to the Developer or Architectural Review Committee prior
to the beginning of construction on any lot. All building plans,
site locations for residences and landscape plans must be approved
by the Developer or Architectural Review Committee prior to the
commence=--nt of constructxost, sea long as the Developer shall own
any lot in the properties or any additions annexed thereto by
supplemental declaration or amendment to this declaration. No
hcuse shall be erected closer to the front lot line or nearer to
any side line than the minimum distances established by applicable
governmental agencies and ordinances. The Architectural Review
Committee will have final approval on any and all set backs within
the development. On corner lots, the side having the least
frontage shall be considered the front lot line. Care should be
taken during the design of a corner lot residence, to present an
acceptable view of the residence from any and all streets.
Section 3. Building Tyne. No residence being fewer than 2400
square feet of heated floor space shall be permitted, providing the
unit has only one floor and fewer than 2800 square feet, providing
the unit has two or more floors, exclusive of porches, steps,
walks, garages, carports, and storage areas. in addition, at least
a two car garage must be constructed at the time the main structure
is constructed. In the case where the heated floor space is not
more than ten percent below the minimum set out above, the
Developer, Architectural Review Committee or its designated agents
may, at their option, approve the construction of the dwelling if
it is in ccnfomity with the general development of the
subdivision.
Section 4. All lots shall be limited to 6400 square feet of
impervious surface. Impervious surface includes the total area
covered by structures and/or paved surfaces, including walkways,
driveways or patios of brick, stone, slate or similar materials,
all of which constitutes effective impervious cover which is
controlled by North Carolina Coastal Stormwater Regulations.
Section 5. No concrete block, concrete brick, asbestos
siding, aluminum siding, cinder block or tar paper composition may
be used for the exterior of any residence constructed on any lot.
Only conventional frame, brick, wood, clay brick or stucco
exteriors will be approved and authorized.
Section 6. Except as provided in Section 7, no house trailer,
mobile home, storage building, travel trailer or other recreational
vehicle, tent, shack, or temporary structure of any nature shall be
located on any lot or used at any time as a residence, temporarily
or permanently.
Section 7. The Developer will have the right to erect and
maintain a temporary sales office within the development for as
long as it owns any lot. The temporary sales office may be of any
type construction material, including but not limited to a mobile
or temporary structure.
Section S. Boats shall be parked or stored so as not to be
visible fros Me street or any adjacent lot. No satellite dishes
shall be allowed upon any lot in the subdivision without prior
written approval of the Architectural Review Committee.
Section 9. No fence or hedge shall be erected on any lot,
unless written approval has first been obtained from the Developer
or Architectural Review Committee. Any fence installed by an
owner, builder or the Developer must be inspected annually and
maintained by the owner of the lot.
Section 10. Modular or prefabricated homes and previously
constructed houses may not be erected or placed on any lot.
=49M ra 254
ARTICLE XI.
Section 1. Enforcement. The association, or any owner, shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, covenants, conditions, reservations liens and
charges now or hereafter imposed by the provisions of this
Declaration. Failure by the association or by an 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. En€orce nt of store war r Runn f Oa9y1#34IIR. The State of north Carolina is hereby made a beneficiary of this
Declaration to the extent necessary to enforce its storm water
runoff regulations as the same may be amended from time to time.
Section 3. Severahility. Invalidation of any one of these
covenants or restrictions by judgment or court order shall in no
wise affect any other provisions which shall remain in full force
and effect.
Section 4.Declaration.all present and
future owners, tenants and occupants of lots and their guests or
invitees, shall be subject to, and shall comply with the provisions
Of the Declaration, and any amendments. The acceptance of a deed
of conveyance or the entering into of a lease or the entering into
occupancy of any lot shall constitute an agreement that the
provisions of the Declaration are accepted and ratified by such
owner, tenant or occupant. The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable by the
Association, or the owner of any lot, their respective legal
representatives, heirs, successors and assigns, and shall run with
and bind the land and shall bind any person having at any time any
interest or estate in any lot, as though such provisions were made
a part of each and every deed of conveyance or lease, for a term of
twenty (20) years from the date this Declaration is recorded, after
which time they shall be automatically extended for successive
periods of ten (10) years.
Section 5. Except as provided in
Article XI, Section 2 above, Section 6 below, and elsewhere herein,
the covenants and restrictions of this Declaration may be amended
only by an instrument duly recorded in the Office of the Register
of Deeds of Now Hanover County executed by the duly authorized
officers of the Association upon the vote of not less than two-
thirds (2/3) of the Lot owners; provided that no amendment shall
alter any obligation to pay ad valorem taxes or assessments for
Public improvements, as herein provided, or affect any lien for the
Payment thereof established herein. In no event may the
Declaration be amended so as to deprive the Declarant of any rights
herein granted or reserved unto the Declarant.
Section 6. The following
amendments may be effected by the Declarant, or the Hoard, as the
case may be, without consent of the members:
a. Prior to the sale of the first lot, this Declaration may be
amended by the Oftclarant. After the &hie of one or more lots
this Declaration can be amended by the Declarant with approval
Of a majority of the lot owners, or as otherwise provided
herein.
b- Declarant may amend this Declaration upon annexation of
additional lands as specified in Article XI, Section 2,
herein.
C. The Board ady amend this Declaration to correct any obvious
error or inconsistency in drafting, typing or reproduction.
13
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STAYS OF NOR= GBOI.M RECORCER AND MIMED
QoOfh<rIr of MW fiWKMM Nis17 SCE OCTS
REGISTER of DEEDS
NEW ROAMER C0. VC
ors THIS Qurrc m Dom. made and entered into effective the
%`e ddy of Way. 1997, by and between M& D69RU BEr CD.. LLC. a
Forth Carolina limited liability company, party of the first Part;
and WESsm AT COPIL ZMM M&. INC., a Forth Carolina nonprofit
corporation, haying an address of Post Office Boat 13go Wrightsville
Beach, Forth Carolina 28480, party of the second part:
W I T F$ S S E T$_
That the party of the first part in consideration of the
sce of Tea Dollars ($10.00) and other good and valuable
considerations to said party paid by the party of the second Part,
the receipt of whaich hereby is acknowledged. bas remised and
released, and by these presents does remise, release, and forever
quitclaim unto the said party of the second part, said party,s
successors and assigns, all right. title, claim and interest of the
party of the first part in and to those certain tracts or parcels
of land more particularly described as follows -
All of the property located in Harnett
Tomos I New Hanover County. North. Carolina
shownoathat
ilentitled
'section i MRSSM atCovil Estates w said imp
being the Officerecorded i� Book 35, at Page 10 in
Register of Deeds of Few
Hanover County. together with all real
Property defined as •common Areas in the
Declaration of Covenants. Conditions and
Restrictions recorded is Book 1914, at page
228 in the Office of Register of Deeds of Mew
Hanover County.
SPECIFICALLY SAVING AND EXCEPTING fry the
awe -described property all of those parcels
designated as Lots 1 through 44 as shown on
the above -identified map or plat.
To "AVE AMO TO BOLD the aforesaid tracts or parcels of
land and all privileges and appurtenances thereunto belonging
to
the said party of the second part, said partys successors and
assigns free and discharged from all right, title, claim or
interest of the patty of the first part.
l O d. �iiir,
e
IN Ts$TlMMY MMMOF, the party of the first part has
caused this inatrnzffl1Wt tO be ezcuted uu&W seal and in such fora
as to be binding, this the day and year first above written_
260E FACE EWA DEVELOP Co.. LLC (Saw
1 Z$ 0481 A Limited Liability Company.
By: (SRAL)
4�mv=
Harris.
By: SEAL)
is, !tanager
SlATB OF NORTH CAWLIM
COMM OF am
71F
Notary
Public in and for said Cbuaty and state. do a
DALLAS L_ joutM and �Y Q_ HaRBIS before se this certify that
y personal
appeared_ whn being -by a, --first duly sworn. says that they are a11I Managers of WA DCV=pjl r Ct?_ . LW- the limited liability
compauY described is and which eaoecnted the foregoing instrument -
that they executed said instrument in the limited liability eoopany
by subscribing their oases thereto; and that the inatnja eat is
the act and deed of said limited liability company_
May, 1997 _ iiIMEISS my hand and
PRY Commission moires
4-6-019
STATE OF Nm= CAROLM
COUNTY OF NEW KA110VER
The
Maid State,
presented for
the office of
Carolina, in
This
c
�sroon tau
• EMS IF 'M day of
�H
is of said Cb�mty and
This instrument was
and duly recorded in
3anover County. North
N—Y (ems) PA& aI sz arma1
naC ougm
19 1997, at
sae O,s . qer ar
by
Deede
STATE OF NORTH CAROLINA
Nn, Hams,, Cmmty
r y
--., -IJ =L:, I ILL)
BOOK PAGE RECIS � En ?F DEEDS
2065 01I�EW &,ANOYER CO. NCik
57
'96 JUL 31 AM 10 36
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS QUITCLAIM DEED, made and entered into this the �)t
day of July, 1996, by and between DLH DEVELOPMENT CO., LLC, a North
Carolina limited liability company, party of the first part; and
WESSEX AT COVIL ESTATES HOA, INC., a North Carolina nonprofit
corporation, party of the second part;
W I T N E S S E T H
That the party of the first part in consideration of the
sum of Ten Dollars ($50.00) and other good and valuable
considerations to said party paid by the party of the second part,
the receipt of which hereby is acknowledged, has remised and
released, and by these presents does remise, release, and forever
quitclaim unto said party of the second part, said party's
successors and assigns, all right, title, claim and interest of the
party of the first part in and to that certain tract or parcel of
land more particularly described as follows:
All that certain tract or parcel of land 'lying and
being situate in Harnett Township, New Hanover
County, North Carolina, shown and designated as
"CONSERVATION AREA S.7 AC ±" on that certain map or
plat entitled 'SECTION 1, WESSEX AT COVIL ESTATES."
recorded in the office of the Register of Deeds of
New Hanover County in Map Book 35, at Page lo,
reference to said map being hereby made for a more
particular description of the CONSERVATION AREA.
The Conservation Area is conveyed specifically
subject to the covenants and provisions as
more particularly set forthh in the
"Declaration - Wessex at Covil Estates
conservation Area" recorded in Bookadrt, at
Page 153 , in the office of the Register of
Deeds of New Hanover County.
TO HAVE AND TO HOLD the aforesaid tract or parcel of land
and all privileges and appurtenances thereunto belonging to the
said party of the second part, said party's successors and assigns
free and discharged from all right, title, claim or interest of the
party of the first part.
?Wit-51
431431
I
I
BOOK PAGE
z065 a158
IN TESTIMONY WHEREOF, the party of the first part has
caused this instrument to be executed under seal and in such form
as to be binding, all by authority duly given, this the day and
year first above written.
DLH DEVELOPMENT CO_, LLC (SEAL)
By: (SEAL)
Rodne Q Harris, Manager
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER `
I, ��Q2. J�En��
a Notary
Public in and for said County and State, do hereby certify that
I RODNEY Q_ HARRIS before me this day personally appeared, who being
by me first duly sworn, says that he is a manager of DLH
DEVELOPMENT CO., LLC, the limited liability company described in
and which executed the foregoing instrument; that he executed said
instrument in the limited liability company name by subscribing his
name thereto; and that the instrument is the act and deed of said
limited liability company.
WITNESS my hand and notarial seal, this the � day of
�( July, 1996. n
My Commission Expires:
(D "a4-2oob
2
BOOK PACE
2065 0159
STATE OF NORTH CAROLINA
COUNTY OF NEw HANOVER
The foregoing certificate of
a Notary Public of said Co ty and
said State, is certified to be correct. This instrument was
presented for registration this day and hour and duly recorded in
the office of the Register of Deeds of New Hanover County, North
Carolina, in Book , Page (n�
This at day of 1996, at
o'cloc M.
WARY SUE OM
Register of Deeds
n 95110073 Gi
MIAM t/17342.
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