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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: r 0IT A4 11 • 10--ft jr-4 NCD , E 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for the construction of the project Covil Estates H. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified Therein, and does not supersede any other agency permit that may be required.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 MEW DESCRIPTION RECORDED IN BOOK. THAT JACK G. STOCKS REGISTERED LAND SLOVEYOR, PERSONALLY PATE_k THAT THE ORDINANCE THAT iE61SArES PARCELS OF LAND NEW HANOVER TION N THEY�j'NDAY 0 rL BE 7. FOR BOUNDARIES NOT SURVEYED RITE CLEARLY INDICATED AS DRAWN FROM APPEARED BEtbREME 7Hu DAY AND ACKNOWLEDGED THE EXFcu77av REGISTRATION ON THE -! � DAr LK �+�� `�Au y INFORMATION FOLD IN BOOK_-, PAGE- : THAT THE RATIO OF G I OF THE FOREGMG MSTRI4IEWT U� MY HAIR AND OFF/CWL AID DULY RECORDED IN MAP BDOK T PAGE STAMP OR SEAL, Th DAY 19,7 PRECISICN AS CALCULATED IS 1: 10000; THAT THIS PLAT WAS _ m PREPARED IN ACCORDAWT WITH G.S. 47-30 AS AMENDER WITNES9 JAdC & b'TOTJO4 r�.� MY OMGIW L SIGHATIX� EWIRATION MBIBER AM SEAL THIS /S'E+x C DAY OF1l�dd,� . AD.. f9$ A NOTARY M SMITH MAR n r �o s> oTV NOTARY At SMI REGI G _ / 9 24,= MY CQNIM&75MJ1 XRJRES 11/14/96 �, HANOVER Cam• BY JACK G. STOCKS / / ro %1 reo.�d bev HOMEOWNERS ASSOCIATION COVENANTS CONDn"S .. N.C. REGISTRATION F10. 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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_, ®5 -. -... 3::—���r�?il�lz:i�:al�.T�s.�Tr::� � a•...=-_'� r_- - �a�� %w Jean rL,.f �llc3.kla� �'�t`-' 1•� �J \I#.." �j 5 - M M (%/ VEW G. 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_ x S 4 U,¢3•E glew 2 N ^�V M 4 By o FVnIp/A LOCAIMA p tee, P. •N= / �T-O SCALE $` O y. 3 0 ire tlo9�fsrea5a.o-� zn-zY \ �} \ v 98 \ CL'f r.A,ATE Or APPRC _L V •00 ) c s �® ' c @ Y 0 i0 A •0 0 O g J.£ W N1 �38.43•E \ A!N yAH' VfR . W'TL Al '•] P 4. T 9 Z U 111 .1 Ry s'ty u NL `/ a PM f 37 j GTE L�-'•'R^7 O `kMs.+ i ' d y� j v I •�� �� — f Pw T GA�4E�•C Z O L W P aW L,.,o )P O 9a A• d-G6 ma ul up / 1 b � ij T, Qo. Gs.00 j I r: IIUIM DEVELaPMEt"T V k�e�i - h C40. c•Y C. R2z _ O(JR CG oo 74. 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' Aa a R ti �._o I .o sG'fe•e � a P lam,! L4� m /�` BI o Aso sT9'oGg N If<RiA PLAC -h �IIm w 5LAM ;Cl' ��y 4S.eo-ili•54''W'N r:N.I25.00 �]L'64'4$"W-94A01• (N Ve w � iCTeDd �o.=as.is49 a=c4a-xt CPRI�Are) G in Na�UA f <` %yam 16 d� IWFi, nM sTs•13'u•a 75•zG �(r Na.00, �,e i a r yy e�c�•J Q� T2°3o / 2G/ orC, of IZ01 dr Ly a� .:a �'" RI T, ]' C 1 / �(/ 57 ' 43 1 tit.. \ T°s. / 5 'p 0' �Mm lom� ,on�'q 3, v m:. �, t• •=` o /� „j g�Yn�V �\ O °IM B i N a - a d N1G•fi `S�- •. .�' a •• m- � q- c iM. [ e"h � : li-q p +� f4P-4T /• o,o \ Drc I a I y_ _ Nv_, _U 6 I or m zI �3 s ' • �, \ Ii° D' -- li V11 �4I \ 4Y I #1 ^�Qp N o.00 I A aM y p� FloP \ \ 9el'39'3G-Mr h iv5pA cw.Oy 6A-[N !hM o \ i Allze O� r > oz' 00 �/ `,\ 142 •� •� Ao / \ u 6.387.E65 2Ll7. a= Raa (Puauc) M \� �. \ YZp �� f9-�L'. sll•3s'3V•M- rp 711 p4 / ` g5+5rAy -eel e ts1 A' ly, ol•w I 346..54 -� �� F D Q q5l' qa 704 i,EREi )rAT O E tSC r0Si64UR6jTRTO HPFR E Sre aRM ETH�'cOW1rl "xel I i c5pz �' FJA-Y SHALL HE RESPONSIBLE FUR THR ER AREAS EOFANY DESITREET5,PARKS, ,QT y/'0 `J ` \ o9•G ulS•iD'IZ" A-22•]Y•91" R_7�1•�Y' o•i �p� WTAMIAGESE. I(WEI ACKNOWLEDGE LEDGE THAT WHICH TO FOR ' -,p PPoVATE USE IfWEI ACKNOWLEDGE THAT PRIOR TO CONTRACTING W p _,1. 4'115 ZR41"Tbl¢ BUYER A WRITTEN EV<JQ� STATEMENT WINCH DISCLOSES THE EKISTANCFROSPECTI BUYER. I SHALL GIVE E AND LOCATION OF SUCHRl%TEARe4S AND SPECIFIES THE ___� �y A,C•ADD.¢6 eg T=]c.15 I LBILIIIES � 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 / 'v I AEW IMNOVEft MA " NOIITH CARcl.Ma L A� 4 SIOCAS = F'Y TTSST TMS PLAT I" MAW 1wOER MY SLPERVAVEHFTfOl "ACTIAL.smnErMTDE IWAIER MYSLPERVnIp/ DE®OESCRPTAIVIsi:aRDED weaq( PACF��k 71MT THE S AMAPIES NOT SMVEY®ARE CFA9.T wOR]07FDAS DRAW FROM tNItaTWADW FOM�p W BD'ML� rACE=�• TNAr n+E RATro YWNIITSTIPERSETP MA RY/EEWfpDXriWACLC O9P8P.tW+A;TC/EEM, ITEN �WStlT;Po4+7030 ITWTTRNIVED. 7WAKORNEAIDSE AL TILS//cnGAYOFGGf AP. 199�_ EN�bN�I . O W EDLNTs cONpRMa No IEESlMCTTOTB ttvi srdlnaaN Te�_uar oP s ar_aIL,PIa ANO DULY REtL'MFO w;pEEU BOOM AT PAGE _ _ ._+: : NC NEq.TilOaT1DIT II0. La06 �JP'C+O S , 4 R x,c• / j` azq, / B ,o O \ W PLATES OF A A CO THAT CREATES a UTY THAT OF ItJ GR Rw W MEA%11T DP a NTES P M S O FLMM THA7 Rag 4N DRWIWNCF 77Mi REGMJITES PARff15 OF L41'D. 5 \ V \ .lacl(G 57TXK3 CwJ 1 � (P � 0 f d D .cn 99 �E ucl�io a OI u a � H 194,95 _ J w ZQS ,Q�wP / / rI//// fYEV! HANOVER Daarn • NMTN CARDLNM LANOTARYPLBGCOF TtS 7ERM'ANO STATEAFORESAD,OILLY ' S.ST WRETiLSAYMLAND9WVE1'OR, 7WEXALLY APPEARED 4P:FARm BEFD/EME TTis DAY MO ACIOMWLEDffD TiE EYSCDTIW OF TNEFME601MG T. WTTRESS MY OFFICIAL STAMP MSlAL, 7HB_fL�YOF � 19� NOVARYPLNEX i! . •,� �,��$�� MDTARYPLDIfC �fiip7Aly F 4 A0800! i C1 10% Lev` V �1tX°s4�'P7 i� .gqe L yz $ 51 I VA •IdCg17jl�jeG 3t �1 113 ® : ® 8 IY Q f�i fi p 55 8 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 _ . J:d:GK G. j PE •m 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 SMALL GIVE T 7T WEPAT TATO TEIVM TMG WRNA PROSCLOSES THE I SMALL GIVE AND LM71 V F SUCH OMTEDTT WY AN SPECIFIES THE EA6TARCe AND LOTA7IW OF el2N PRRd1re AREA4AID SPECFIEJ TTE S7XTTANOE AESFWSIGtLIfES FM STHE TRSET(PPI.R. NOT e 87a7-TE.RT SHALL OLttLOSE i DP STREE7f51 ITO IIOT tE NAXA4 RCRN) H TDAIEEM STANDARDS EW FOR A(r i0 ALLOW 71kW ITr{II&RA'W THE STATE lNCNNAYSISIEAI FOR MaNT@IANCE HATE oWTERTD \J L�J %V P eel lee C,192 . (IJ �' _ ------- (s) J 'I I-0CW-rM MAF I mar YO AiMA l l% J l 6�M W. S.F. - 4i 9.z4 go cZo 51 AOCA o.lq 99 6F920 o-I!o 53 C-.%4 O-I 5s 7,tZ8 o.tlo 56 a,a81 a.21 57 8,435 o.Lq $® 9,01l� 021 SIR 0405 O.zo Gal GL 7,502 5:335 0.17 oJ2 -7,575 7..f7 (do 6,43o 9.20 67 t8p56 aac, 68 15,99f 0.3+ 69 tO,n4 _ 023 i.7 7,5(ai7 0.17 71 7246 61.r) 79 elms OW 73 742o an 74 '7,51s O.0 76 gg4o 19113 %, AZ36 O.fg 77 10.000 a7s ' 78 lt4z4. .131 74 13 231 0.3o ¢O g,9i7 oZZ LERIa'MATFDISCLAWWG WWt8?%aM ANTAMLtM NOTWHUSTATOSN' AEW= LTIWVTYAPPROVAL OF TMSPLAT. LOTS SBIMW W SAD rLAr MAY NorR /1EAL'lil DEPaRrIENr APPROIpLPDIt ON JfE SEWAGE DbYDSaL SYSTpN.q NOT FOR RDAAWAL WATER SAPA.Y SYSTEMS. / E ALL LOTS SEBJECT TO A1O• I MAY ETSEWVrALOWG THE NGHT' OF WAY OFALLSTREETS CERTIFICATE OF OWNER9IW. OWCATfW AM Jt4?ISDICTW . I fME7 HEREBYCB[RFT'TNAT I NO ARE ME WAERS OF THE PHOPERIY SHOWN AND _ �' CWr ' DESM ED HEFEWAA00WTI fWEJ-L1�FHYADOPT IHISP4N WSIMlON731W WITH d e.DIW 7AN15BUr W(Om FREECONSIP?rmFAeLWl THE NAMIRM 1T eMLaMO LVVES AID DFDIG1TIpN L q ! rol IW. OF ALL SIFTS. ALLEYS MLIXS, PGIB($ 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. IV 3 TREE STATES .ii;'Kt o o ISO mp -�LT.�•.IP' �A. �_� '7r 3 ri 'fi _ ... rrA� e*bx 35 t9, , 1 V'r 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 T:eFmrgpoax! AWXWCceWk9CWd1 14 11� fJaury rrW158acWawcae5ei eo6etcenct�.++ 1� iwrlrc_.4Y_.a.rd n� M""SreOw.Rcys 95 J'JN 13 RM 8 26, \ . 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L0769W W ONAAO MTINYTBTpECOYEIFASl101�TARIN9lfAWRTAI. PoA 01791E $RNSEwSPoSILSfS19EC EtRfoS ApY9VAL MATERSIPPI/'SYSTEAIq ._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 WLSSLX NLO AC TOTAL HARNETT TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA Io0 0 100 200 a 400lp scAEe r-loa Mk��"-` 7 AWRCEL f996 Oevci nev r� nv eP.u_.a5 NAR¢.s P.¢ fiat 131 WgLEHTEYILLE^gP.A_!._^. is L. cek9svIl- (J . SToc ; sw Fg40 t?i4 VAPTA66- 10, r'ERIF!E ,� YSC.,:OG?S V 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 �� Fw^` •I/Rr : ia&VERIFIED `\ :151iE 0vTS � 0-4 �c /)/\. ` L ��0 L) I I I x�a'o I jai �aI Z7) f L) �7 ,WWAaoE mw 7wr WWW TWE MM PC HFJ AOBafATtll TTITt IOIIO TNBJB/lO TEE CWflraiDLBBREYQ.�Eta WT sae[ '00ADWADMADoff mr>7T114Criti mll/A/RBE�iiYLIIRI Bliltl awE Tlf aLriA aPDl7latfrEllOf O tpOrmmTum�Bm�o�olmrAff /DIaGfELi Qll aMsolrr NiaR OSE WW TWpTOltMBpat[K.7(0 ESE p i sro 0 a r �rvnrrTTurrErtlrtlfrtf W �1 Q i�.Ttaaf , vE-�vez '� y ', �•►�i �fs R2mT®t 6 ®! 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BUT NO FURTHER. N YZl '� \ ` a Vrzrir'�ts -REVISIONCFL TS15, 21,22, 8t 24THRU3I.sECTION1 "' AT GOV1L ESTATES �r0 ��QLS QQ� ��.��� ®mlr is •.� o oi- �WA3�0& - =�. _— oa=1 lJ t (F). Z7) coramun OF CIMBSIME FOR pmwm Damopmorm i (We AaalakSE ?MT kWNM M BMTE NO MC CMffVJH4LL BE RWOMME FM MW � AMWrM4M;ECrAffrfrOlMPAMOk==WW CWR FW PANT6 M A M AaMM� TO MOONVARIF IN Ed 8 uto;?_�A NEWMAnVEAM 11ORM CAKIWA a S om fFFR°Y TINT TM FLAT W MAVAV Lwo MYSUVWWON L" , #,ERiTSgV 4 A � PWUC AW STATEAF�SAO, ��y �r � c, R� ­SI AM-ALLYAIEA—.M. 11 BAYAM A—— we--; mAr r. MM AS ­= M 1: -.'—r WAS PRE P— Akl4W � MY �L —�l xe,.TRATNw NUIdFF AM SEAL Y Y O� M S7=2 .TARY I LX AC�ATWW.Ld'G CERnFMM WOOCLOSM -ROM ow M COASTAL AREA AMMOOMYT ACT' TOBYIERW YTfllA PROMWTMMWtlfMSMLFAVVMA�MV4AMIMBUYZRCFTIESMECTRM MAMTTIAIMTIATAmLaITAMAfO �PMW TQAWLMVERIMM WAMWMI R"CT To M RM4"'aM V M MWQWMM CgANNSL � �ODEWFAML MTE =Wl CMM� TWF� TO � ANYAQMMff ffl� 7w STATel*WWMWFVLLVA­A VXr THE svarEcr ME M. TM PLAT X OF A aIAVEY TMAi CREAMS A 518DA49M OT U-0 WFrRN fANA WA�W��TMASANOR��T�MJPAA— :M:�W A r%M3 �L­L • A \. W, MV�- a 'MAT LSDS-.ALL M SLYWEAM A JO'UMffy EASEMENT ALWG W� nn� OF ALL STREETS. ASPACE CRIERRIGHT pF WOr Lh STREETS. TO �. . —A ­ AS .,—. A ­.TM­ L%71 1W.5S. '­EI fwEl CER ti r rME LAM AS 5lpWR iRREGN S 8 .............. /.z 6 N"MTRLSM� M� AF� PLAr. sAm ft�MY�WEC�WALM�A�MW�S� � s"MA AMPPM ov"'AL ft� 5"LY'SY37M IA_� G. sEcnON I 121�615TWEP L-ANQ SUNEW 7AC IT G. VILM IWO �IANc( 3E'tYA: . AT LYWVIL- ESTATES CERI INCATE OF kPPRC;-'.-,- Tr f GVAMMk& Ui—*rr. W 55V94'JM --~WE 4ZSI .010M4T. 5� 50-7 el..7 SBB•W IR-W 4401 S.~wc S­*WAtne ar .VV57W lq?E wm 77 -OWSWIP MEW PAKIOV CoLkliTy KkIM CAFOLIhA SCALE IM FEET kw O lob ZCCL 5aD 400 sinp r-IC6 - Az�� �- aa�elM-Mmjqq r 2 1 ? 9 0480 f r Parcel IDc Portion parcel AD. 4417-001-ool-000 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. 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