SW7060107_HISTORICAL FILE_20060331

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW 71(p(9/D
DOC TYPE
❑CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
DOC DATE
a"63 3-I
YYYYMMDD

u
Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
FEDERAL EXPRESS
Tracking # 7903 7270 4878
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Amy Franklin
Re: Stormwater Management Plan
West Crossroads
New Bern, Craven County
2004-027
Dear Amy,
RECE9V ®
MAR 3 12006
®WQ-WAR®
March 28, 2006
Please -find enclosed the Revised Stormwater Management Plan Submittals for the
referenced project for your approval per your comment letter dated March 27, 2006 and
our most recent phone conversations. Please insert the enclosed sheets in the sets you
currently have.
Should have any questions or comments, please do not hesitate to call. I
loing well.
as, P.E.

114
BEDULE OF DRAWINGS
SHEET
1
2
3-7
8
9
10
10A
11
RAWINGS
permits only,
or construction
TITLE
COVER
SITE PLAN
PLAN / PROFILE
ROADWAY DETAILS
WATER,/SEWER DETAILS
SEWER PUMP STATION DETAILS
SEWER PUMP STATION DETAILS
.STORMIIATER POND �`��"" �`
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s.
Thomas Engineering F.A.
403--C Airport Road
P.O. BOX 1309
New Bern, North Carolina 28553
Tel. [phone] Fag. 252.636.2448
ITS
JGT
03174105
;OMMENTS
JGT
02/02/06
OMMENTS
JGT
01/05/06
fTS
JGT
07/18/05
scALE : NT5
PROJECT 2004027
DATE : 01/03/05
8 Y
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PLOT FACTOR- 1 : 1
PLOT NAME:AMTA\2004O27\tMPOV
SHEET: 1 OF 11

W A rEjgQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
-r Alan W. Klimek, P.E. Director
Division of Water Quality
March 27, 2006
Mr. Ray McCotter
PO Box 12623
New Bern, NC 28561
Subject: Stormwater Review SW7060107
West Cross Roads
High Density Subdivision
Craven County
Dear Mr. McCotter:
This office received a Coastal Stormwater permit application and plans for the subject project on
January 9, 2006. A preliminary review of your project indicates that before a State Stormwater permit can
be issued the following additional information is needed.
Et Please note that a level spreader should be provided at the outlet of the pond (as well as the one
v already included at the outlet of the vegetated swale). Also include the level spreader on the
outlet swale diagram. Note: The outlet energy dissipater is not viewed_ as a flow spreader.
V / Please label the temporary and permanent pool elevations n the plan view. The entire pond
v' (including the forebay) should be shown on this view. a 4 a plate
➢ Please note that the vegetated filter 5HAV side slopes and is
' Id be shown on the plan view as
9 P
well as any other sheet showing this filter.
➢ Pt -ease show -the property line of the entire tract of land. If all of the property is not used in this
phase please note "future phase" on the plan sheet or label future use. OAA,f� o�V2x0�P�
The above requested information must be received in this office prior to April 27, 2006 or your
application will be returned as incomplete. The return of this project will necessitate resubmittal of all
required items including the application fee. If you need additional time to submit the required information,
please mail or fax your request for time extension to this office at the Letterhead address.
You should also be aware that the Stormwater Rules require that the permit be issued prior to
any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
Please reference the Stormwater Project Number above on all correspondence. If you have
questions, please feel free to contact me at [phone].
Sincerely,
r'Aa-IIAL-
Any
Environmental Engineer
Washington Regional Office
cc; Washington Regional Office
John Thomas, PE
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet: wwaterauallty.org 943 Washington Square Mall, Washington, NC 27889 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer— 50% Recycledl10% Post Consumer Paper
NorchCarolin;
)Va&rallu

West Crossroads
New Bern, Craven County, NC
January 3, 2005
AMENDMENT
TO
ENGINEERING REPORT
FOR
STORMWATER IMPROVEMENTS
AT
WEST CROSSROADS
NEW BERN
CRAVEN COUNTY
2004-027
REGERVED
MAR 0 6 2006
DWQ-WARO
OWNER: MCDI Properties,_ LLC
P. O. Box 12623
New Bern, NC 28561
CONSULTING ENGINEER: THOMAS ENGINEERING, P.A.
P.O. BOX 1309
NEW BERN, N.C. 28563-1309
252-637-2727
252-636-2448 fax
[e-mail] email
Page 1 of 40

Worksheet Channel C-2 (bare earth)
Worksheet for Trapezoidal Channel
_Project Description
_
Project File
c:lprogram fleslhaestadlfmwlwest cro.fm2
Worksheet
Channel C-2 (bare earth)
Flow Element
Trapezoidal Channel
Method
Manning's Formula
Solve For
Channel Depth
Input Data
Mannings Coefficient
0.022
Channel Slope
0.003000 ft/ft
Left Side Slope
5.000000 H : V
Right Side Slope
5,000000 H : V
Bottom Width
2.00 ft
Discharge
35.00 cfs
Results
Depth
1.33
ft
Flow Area
11.56
ft'
Wetted Perimeter
15.60
ft
Top Width
15,33
ft
Critical Depth
1.07
ft
Critical Slope
0.008463 ft/ft
Velocity
3.03
ft/s
Velocity Head
0.14
ft
Specific Energy
1.48
ft
Froude Number
0.62
Flow is subcritical.
03/06/06 FlowMaster v5.11
08:32:41 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

Cross Section Channel C-2 (bare earth)
Cross Section for Trapezoidal Channel
Project Description
Project File cAprogram fileslhaestadlfmwlwest cro.fm2
Worksheet Channel C-2 (bare earth)
Flow Element Trapezoidal Channel
Method Manning's Formula
Solve For Channel Depth
Section Data
Mannings Coefficient
0.022
Channel Slope
0.003000 ft/ft
Depth
1.33 ft
Left Side Slope
5.000000 H : V
Right Side Slope
5.000000 H : V
Bottom Width
2.00 ft
Discharge
35.00 cfs
1.33 ft
1
2.00 ft
V L
H 1
NTS
03106l06 FlowMaster v5,11
08:32:50 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

Worksheet Channel C-2 (grass lined)
Worksheet for Trapezoidal Channel
Project Description
Project File c:lprogram fileslhaestadlfmwlwest cro.fm2
Worksheet Channel C-2 (grass lined)
Flow Element Trapezoidal Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient 0.030
Channel Slope 0.003000 ft/ft
Left Side Slope 5.000000 H : V
Right Side Slope 5.000000 H : V
Bottom Width 2.00 ft
Discharge 35.00 cfs
Results
Depth
1.52
ft
Flow Area
14.57
ft2
Wetted Perimeter
17.49
ft
Top Width
17.19
ft
Critical Depth
1.07
ft
Critical Slope
0.015735
ft/ft
Velocity
2.40
ft/s
Velocity Head
0.09
ft
Specific Energy
1.61
ft
Froude Number
0.46
Flow is subcritical.
03/06/06 FlowMaster v5.11
08:43:00 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

Cross Section Channel C-2 (grass lined)
Cross Section for Trapezoidal Channel
Project Description
Project File caprogram fileslhaestadlfmwlwest cro.fm2
Worksheet Channel C-2 (grass lined)
Flow Element Trapezoidal Channel
Method Manning's Formula
Solve For Channel De th
Section Data
Mannings Coefficient
0.030
Channel Slope
0.003000 ft/ft
Depth
1.52 ft
Left Side Slope
5.000000 H : V
Right Side Slope
5.000000 H: V
Bottom Width
2.00 ft
Discharge
35.00 cfs
1.52 ft
1
2.00 ft
V
H 1
NTS
03/06/06 F1owMaster v5.11
08:54:07 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

' West Crossroads
New Bern, Craven County, NC
January 3, 2005
AMENDMENT
IDS
ENGINEERING REPORT
FOR
STORMWATER IMPROVEMENTS
AT
WEST CROSSROADS
NEW BERN
CRAVEN COUNTY
2004-027
OWNER: MCDI Properties, LLC
P. O. Box 12623
New Bern, NC 28561
REC ERRED
MAR 0 6 2006
DWQ-WARD
CONSULTING ENGINEER: THOMAS ENGINEERING, P.A.
P.O. BOX 1309
NEW BERN, N.C. . 28563-1309
252-637-2727
252-636-2448 fax
[e-mail] email
Page 1 of 40

Worksheet Channel C-2 (bare earth)
Worksheet for Trapezoidal Channel
Project Description _
—Project.
File c:lprogram fleslhaestadlfmwlwest cro.fm2
Worksheet Channel C-2 (bare earth)
Flow Element Trapezoidal Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient
0.022
Channel Slope
0.003000
ft/ft
Left Side Slope
5.000000
H : V
Right Side Slope
5.000000
H : V
Bottom Width
2.00
ft
Discharge
35.00
cfs
Results
Depth
1.33
ft
Flow Area
11.56
ft2
Wetted Perimeter
15.60
ft
Top Width
15.33
ft
Critical Depth
1.07
ft
Critical Slope
0.008463 ft/ft
Velocity
3.03
ft/s
Velocity Head
0.14
ft
Specific Energy
1,48
ft
Froude Number
0.62
Flow is subcritical.
i
03/06/06 FlowMaster v5.11
08:32:41 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

Cross Section Channel C-2 (bare earth)
Cross Section for Trapezoidal Channel
Project Description
Project File c;lprogram fileslhaestadlfmwlwest cro.fm2
Worksheet Channel C-2 (bare earth)
Flow Element Trapezoidal Channel
Method Manning's Formula
Solve For Channel Depth
Section Data
Mannings Coefficient
0.022
Channel Slope
0.003000 ft/ft
Depth
1.33 ft
Left Side Slope
5.000000 H: V
Right Side Slope
5.000000 H : V
Bottom Width
2.00 ft
Discharg_e __
35,00 cfs
1.33 ft
2.00 ft
V
H 'I
NTS
03/06/06 FlowMaster v5.11
08:32:50 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

Worksheet Channel C-2 (grass lined)
Worksheet for Trapezoidal Channel
Project Description
Project File c:lprogram fileslhaestadlfmwlwest cro.fm2
Worksheet Channel C-2 (grass lined)
Flow Element Trapezoidal Channel
Method Manning's Formula
Solve For Channel Depth
Input Data
Mannings Coefficient
0.030
Channel Slope
0.003000
ft/ft
Left Side Slope
5.000000
H : V
Right Side Slope
5.000000
H : V
Bottom Width
2.00
ft
Discharge
35.00
cfs
Results
Depth
Flow Area
Wetted Perimeter
Top Width
Critical Depth.
Critical Slope
Velocity
Velocity Head
Specific Energy
Froude Number
Flow is subcritical.
1.52
ft
14.57
ftZ
17.49
ft
17.19
ft
1.07
ft
0.015735 ft/ft
2.40
ft/s
0.09
ft
1,61
ft
0.46
,*. S- 16 c .(,-� ,
03/06/06 FlowMaster v5.11
08:43:00 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

Cross Section Channel C-2 (grass lined)
Cross Section for Trapezoidal Channel
Project Description
Project File !
_
caprogram fileslhaestadlfmwlwest cro.fm2
Worksheet
Channel C-2 (grass lined)
Flow Element
Trapezoidal Channel
Method
Manning's Formula
Sole For
Channel Depth
Section Data
Mannings Coefficient
0,030
Channel Slope
0.003000
ft/ft
Depth
1.52
ft
Left Side Slope
5.000000
H : V
Right Side Slope
5,000000
H : V
Bottom Width
2.00
ft
Discharge
35.00
cfs
�L 1.52 ft
1
2.00 ft
V �
H 1
NTS
03/06/06 FlowMaster v5.11
08:54:07 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 [phone] Page 1 of 1

Thomas Engineering, PA
403-C Airport Road
P. 0. Box 1309, New Bern, NC 28563
252.637.2727 fax:[phone]
email: [e-mail]
HAND DELIVERED
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Amy Franklin
Re: Stormwater Management Plan
West Crossroads
New Bern, Craven County
2004-027
Dear Amy,
DECEIVED
MAR 0 6 2006
DWQ-WARP
March 6, 2006
Please find enclosed the Revised Stormwater Management Plan Submittals for the
referenced project for your approval per your comment letter dated February 2, 2006.
If u should have any questions or comments, please do not hesitate to call. I
hope yo are doing well.
G. Thomas, P.E.
Encl

Thomas Engineering, PA
403-C Airport Road
P. O. Box 1309, New Bern, NC 28563
252.637.2727 fax:252,636.2448
email: [e-mail]
FEDERAL EXPRESS
Trk #7902 7760 9501
To: Stormwater Management Section
Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Attn: Roger Thorpe
Re: Stormwater Management Plan
West Crossroads
New Bern, Craven County
2004-027
Dear Roger,
RLCCEI ED
JAN - 9 2006
DWQ-WARD
January 5, 2006
Please find enclosed the Stormwater Management Plan Submittal for the
referenced project for your approval. Enclosed items include the original Stormwater
Management Permit Application Form and one copy, the original Wet Detention Basin
Supplement and one copy, check 45863 in the amount of $ 420.00, and two copies each
of the Stormwater Report, Plans and Specifications.
If yo should have any questions or comments, please do not hesitate to call. I
hope you doing well.
ohn 6. Thomas, P.E.
Encl

�QF W A 7,�-9Q Michael F. Easley, Governor 14"—i 0
`Q (� William G. Ross Jr., Secretary
Uj r North Carolina Department of Environment and Natural Resources
O � Alan W. Klimek, P.E. Director
Division of Water Quality
February 2, 2006
Mr. Ray McCotter
PO Box 12623
New Bem, NC 28561
Subject: Stormwater Review SW7060107
West Cross Roads
High Density Subdivision
Craven County
Dear Mr. McCotter:
This office received a Coastal Stormwater permit application and plans for the subject project on
January 9, 2006. A preliminary review of your project indicates that before a State Stormwater permit can be
issued the following additional information is needed.
➢ Please note that a level spreader should be provided at the outlet of the pond. Also include the level
spreader on the outlet swale diagram. Note: The outlet energy dissipater is not viewed as a flow
spreader.
➢ Please label the temporary and permanent pool elevations on the plan view.
➢ Please ensurelshow that the stormwater runoff from the perimeter lots is being directed to the
detention pond.
Please delineate drainage area to the Stormwater pond.
➢ Please show grass swales on plans.
➢ Please show property lines.
➢ Please include non erosive flow calculations for the outlet swale.
The above requested information must be received in this office prior to March 4, 2006 or your
application will be returned as incomplete. The return of this project will necessitate resubmittal of all required
items including the application fee. If you need additional time to submit the required information, please mail or
fax your request for time extension to this office at the Letterhead address.
You should also be aware that the Stormwater Rules require that the permit be issued prior to any
development activity. Construction without a permit is a violation of 15A NCAC 21-1.1000 and North Carolina
General Statute 143-215.1 and may result in civil penalties of up to $10,000 per day.
Please reference the Stormwater Project Number above on all correspondence. If you have questions,
please feel free to contact me at [phone].
Sincerely,
Am L: Franklin
Y
Environmental Engineer
Washington Regional Office
cc: ,Washington Regional Office
John Thomas, PE
NorthCaro
Alaturar
North Carolina Division of Water Quality Washington Regional Office Phone [phone] FAX [phone] Customer Service
Internet h2o.enr.state.nc.us 943 Washington Square Mall, Washington, NC 27989 1-877-623-6748
An Equal OpportunolAffirmadve Action Employer — 501/16 Recycled110% Post Consumer Paper

(Page 1 of 18)
I�IIIIIIIi�l�lllfll�llll�lillll[�IHililllll�llll�illll�ll�i�lll4
Image ID: 00000IO23810 TV00: CRP
Fee Aorta $65!00 Page 1t0111a2'30 AM
Craven, NC
Sherri B. Richard Register of Deeds
BK2500PA70
704-
riF;
FEB 0 3 2009
DWO-WA
NORTH CAROLINA
Declaration of Covenants, Conditions, Restrictions and Easements
CRAVEN COUNTY of WEST CROSSROADS, SECTION ONE
This Declaration of Covenants, Conditions, Restrictions and Easements of West Crossroads, Section
One, made and entered into as of the 281h day of August, 2006, by and between MCDI PROPERTIES, LLC, a
North Carolina limited liability company and ALL PROSPECTIVE PURCHASERS OR OWNERS of Lots
l through 76, shown and depicted on the Plat entitled, "West Crossroads, Section One, A Planned Unit
Development, City of New Bern, New Bern, Township NO.8, Craven County, North Carolina" recorded
in Plat Cabinet H, Slide 73-A&B of the Craven County Registry, and any other lots which are hereafter annexed
into the subdivision.
WITNESSETH:
WHEREAS, MCDI PROPERTIES, LLC, (hereinafter called "Declarant") is the owner of the Lots and
Commons Areas lying and being situate in Craven County, North Carolina, and being more particularly
described herein, and in order to create uniformly in the Development, Declarant has imposed the covenants
herein set forth on the property more particularly described as follows:
Lots:
Lots I through 76 as shown on the plat of West Crossroads, Section One, recorded in Plat
Cabinet H, Slide 73-A&B of the Craven County Registry,
Open Space:
The tract depicted as "Open Space" on the Plat of West Crossroads, Section One, recorded in
Plat Cabinet H, Slide 73-A&B of the Craven County Registry.
WHEREAS, Declarant desires to develop a multi -family residential community and intends by the
recordation of this Declaration to impose rules, regulations, restrictions, covenants, conditions, reservations,
exceptions, and easements contained herein (hereinafter sometimes called Restrictions) on the land depicted on
esoioS *ON MOIJ JOR
Book:2500,Page:470

(Page 2 of 18)
the aforesaid map and any other land which is hereafter annexed into the subdivision to the end that the Lots
and Open Spaces defined herein shall be held subject to said Restrictions.
NOW, THEREFORE, the Declarant hereby does hereby declare that the Restrictions contained herein
shall run with the property defined herein as Lots; shall be a burden on and a benefit to such property; shall be
binding on all parties having or acquiring any right, title or interest in the property or any part thereof; and, shall
inure to the benefit of each Owner of any part thereof.
A. Definitions As Used Herein
(t) "Articles" means the Articles of Incorporation of West Crossroads Property Owners Association, Inc.,
and any amendments thereto.
(2) "Bylaws" means the Bylaws of West Crossroads Property Owners Association, Inc., and any
amendments thereto.
(3) "Open Spaces" mean all real property (including the improvements thereto) and interest in real property
now owned or hereafter acquired by the Corporation for the common use and enjoyment of the Owners. The
Open Spaces to be conveyed by Declarant to and owned by the Corporation are those tracts depicted as "Open
Space" consisting of 1.37 acres, more or less, on the plat of West Crossroads, Section One. The Open Spaces
are subject to those easements set forth in this instrument, including, but not limited to, Article 1 hereof.
(4) "Corporation" means West Crossroads Property Owners Association, Inc., its successors and assigns.
(5) "Declarant" means MCDI PROPERTIES, LLC, a North Carolina limited liability company, its
successors or assigns, or anyone claiming by or through it.
(6) "Dwelling" means a structure located on a Lot built in accordance with the requirements of Article L
hereof.
(7) "Lot" means a separately numbered tract of land shown on the aforesaid plat and, any other separately
numbered tract of land which is annexed into (fie Subdivision upon which a Dwelling is to be built. At the
present time, the Lots are numbered 1 through 76. "Lot" shall not include any portion of the Open Spaces as
defined herein.
(8) "Owner" means the record Owner, whether one or more persons, of fee simple title to any lot, including
contract sellers, but excluding those having such interest merely as security for the performance of an
obl igation.
(9) "Person" or "persons" means any individual, group of individuals, corporation, partnership or any other
entity, including any combination thereof.
(10) "Subdivision" means all of the property defined herein as Lots and Open Spaces and such additions or
annexations of property hereafter brought within the jurisdiction of the Corporation. No property other than
that in the West Crossroads "Future Development" as shown on the above referenced plat may be annexed into
the subdivision.
(11) "Board of Directors" means the Board of Directors of West Crossroads Property Owners Association,
Inc.
(12) "Declaration" means this Declaration of Covenants, Conditions, Restrictions, and Easements of West
Crossroads, Section One.
(13) "Committee" means the West Crossroads, Section One Architectural Committee constituted and having
the powers as provided in Article J hereof. 4RlIltI�I4l1lu4Ul�llll�ll41���11111111IlI�llllltlll111lIQlll�llll
Image ID: 00000102380 Type: CAP
Page 2 of 18
2 SK2500 PG471
Book:2500,Page:470

(Page 3 of, 18)
13. Membership
ICI ICI �I ICI Illlll�Il�l�llf nlll�l�llll IIII II I�! IIIIII
Image ID:
000001023812 TyType: CRP
Page 3
BK2500 PG4 1 L
(1) A Corporation named "West Crossroads Property Owners Association, Inc." has been or will be formed
at the direction of the Declarant pursuant to the rules and requirements of the Nonprofit Corporation Act
(Chapter 55A) of the General Statues of North Carolina as an association of the Owners of Lots. Its purposes
are to own, manage, maintain, and operate the Open Spaces and facilities located upon the Open Spaces; to
enforce the Restrictions contained herein; and, to make and enforce rules and regulations governing the
Owners' use and occupation of Lots.
(2) Each Owner of each Lot within the Subdivision shall be a member of the Corporation. The Declarant,
by this Declaration, and the Owners of individual Lots by their acceptance of individual deeds thereto, covenant
and agree with respect to the Corporation: (a) That for so long as each is an Owner of a Lot within the
Subdivision, each will perform all acts necessary to remain in good and current standing as a member of the
Corporation; and, (b) that any unpaid assessment, whether general or specific, levied by the Corporation in
accordance with these restrictions, the Articles or the Bylaws shall be a lien upon the Lot upon with such
assessment was levied and shall be the personal obligation of the person who was the Owner of the Lot at the
time the assessment felt due.
(3) .Each membership in the Corporation shall relate to and have a unity of interest with an individual Lot
which may not be separated from ownership of said Lot. The books and all supporting documentation, the
Declaration, the Articles, the Bylaws, and all amendments thereto shall be available for examination by all Lot
Owners, and their lenders or their lenders' agents during normal business hours at the principal office of the
Corporation.
(4) The Corporation shall have two classes of members:
Class A:
Class A member(s) shall be all Owners, with the exception of any Owners who qualify as Class B
members, and they shall be entitled to one vote for each Lot owned; provided, however, when more that
one Person holds and interest in any Lot, all such Persons shall be members; however, the vote for such
Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote or
any fraction of a vote be cast with respect to any Lot.
Class B:
Class B member(s) shall be the Declarant. Class B members shall be entitled to three votes for each Lot
owned. The Class B membership shall cease and be converted to Class A membership on the happening
of either of the following events, whichever occurs earlier:
(a) On December 31, 2011 or
(b) When the total votes outstanding in the Class A membership equal or
exceed the total votes outstanding in the lass B membership; provided, however, that in
the event additional land is annexed into the Subdivision without the consent of Class A
members pursuant to the development of such additional property by the Declarant and
before the date in subparagraph (a) above, Class B membership shall be reinstated until
&ook:2500,Page:470

(Page 4 ' of 18)
the total votes in the Class A membership equal or exceed the total votes in the reinstated
Class B membership.
C. Management and Administration
The management and administration of the affairs of the Open Spaces of the Subdivision shall be the
sole right and responsibility of the Corporation. The management shall be carried out in accordance with the
terms and conditions of these Restrictions, the Articles and the Bylaws of the Corporation. Provided, however,
any contract entered into by the Corporation prior to the termination of the Class B membership must contain a
provision allowing the Corporation to terminate the contract without cause and without penalty or extra charge,
at any time after the termination of the Class 13 membership upon thirty (30) days advance notice.
D. Community Expense
The Community Expenses of the Subdivision include:
(1) All amounts expended by the Corporation in operating, administering, managing, repairing, replacing
and improving the Open Spaces of the Subdivision; all amounts expended by the Corporation in insuring the
Open Spaces of the Subdivision; all amounts expended by the Corporation in legal, engineering, or architectural
fees; and, all similar fees. which may be incurred by the Corporation from time to time in performing the
functions delegated to the Corporation by these Restrictions.
(2) All amounts expended by the Corporation in carrying out any duty or discretion as may be required or
allowed by these Restrictions, the Articles or the Bylaws.
(3) All amounts declared to be Community Expenses in the Bylaws or in these Restrictions,
(4) All taxes and special assessments which may be levied from time to time by any governmental authority
upon the Open Spaces in the Subdivision.
(5) Expenses for the maintenance, repair and replacement of signage and entrance features, if any, at the
entrance of the Subdivision.
E. Annual General Assessments
(1) The Declarant for each Lot owned hereby covenants and each Owner of any Lot by acceptance of a deed
for same (whether or not it shall be so expressed in such deed) is deemed to covenant and agrees to pay to the
Corporation annual general assessments or charges as hereinafter provided. The annual general assessments,
together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land and, subject to
the provisions of Paragraph 7 of this Article, shall be a continuing lien upon the property against which each
such assessment is made. Furthermore, each such assessment, together with interest, costs, and reasonable
attorneys' fees, shall also be the personal obligation of the person who was the owner of the Lot at the time
when the assessment fell due. The personal obligation for delinquent assessments shall not pass to a successor
in title to a Lot unless expressly assumed by them but, subject to the provisions of this Declaration, delinquent
assessments shall continue to be a lien upon such Lot.
(2) Until December 31, 2007, the annual general assessment shall beI 1$I10II011.I00 InIeIrIIyear
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(a) From and after December 31, 2007, the annual general assessment may be increased each year
not more than twenty-five percent (25%) above the assessment for the previous year without any vote of the
membership.
(b) From and alter December 31, 2007, the annual general assessment may be increased by an
amount greater than twenty-five percent (25%) of the assessment for the previous year provided the proposed
increase is approved by a vote of two-thirds (213) of each class of members who are voting in person or by a
proxy, at a meeting duly called for this purpose.
(c) The Board of Directors may fix the annual general assessments which come due after December
31, 2007, at an amount not in excess of the ceiling established herein.
(d) Once the annual general assessment has been set, notice of the annual general assessment shall
be given to all Lot Owners. It is provided, however, that no Owner is relieved from the obligation to pay the
assessment because of failure to give such notice. After the initial notice of the assessment, no bills for such
assessment will be forwarded to any Owner but such assessment thereafter shall become due and payable as
provided by the Board of Directors.
(e) As provided in the Bylaws and subject to the restrictions and limitations provided herein, the
Board of Directors shall establish an Annual Budget in advance for each fiscal year. Such budget shall project
all expenses for the forthcoming fiscal year which may be required for the proper operation, management and
maintenance of the Corporation and the Open Spaces, including a reasonable allowance for contingencies and
reserves. The budget shall take into account any projected or anticipated income. The Board of Directors shall
keep separate, in accordance with paragraph (f) hereof, items relating to the daily operation, management and
maintenance of the Corporation and Open Spaces from items relating to capital improvements. Upon adoption
of such Annual budget by the Board of Directors, copies of said Budget shall be delivered to each Owner and
the assessment for said year shall be established, subject to the restrictions and limitations provided herein,
based upon such budget; however, the non -delivery of a copy of said Budget to each Owner shall not affect the
liability of any Owner for such asses-sment. The annual Budget shall be divided by the number of Lots subject
to the annual general assessments at the time of the annual meeting of the members and the quotient shall be the
annual general assessment per Lot for the succeeding fiscal year. In determining the number of Lots subject to
the annual general assessments, any Lot which is owned by a Class B member shall only be considered one-
fourth (1/4) of a Lot.
(f) The Board of Directors, in establishing the Annual Budget for operation, management and
maintenance of the Corporation and Open Spaces, shall designate therein a sum to be collected and maintained
as a reserve fund for the periodic maintenance, repair and replacement of capital investments to the Open
Spaces, which capital improvement and replacement fund (Capital Improvement Fund) shall be for the purpose
of enabling the Corporation to maintain, repair or replace structural elements and mechanical equipment
constituting a part of the Open Spaces, as well as tree planting and removal and the replacement of personal
property which may constitute a portion of the Open Space as held for the joint use and benefit of the Owners.
The amount to be allocated to the Capital Improvement Fund may be established by said Board of Directors so
as to collect and maintain a sum reasonably necessary to anticipate the need for repair, maintenance and
replacement of capital improvements to the Open Spaces. The amount collected for the Capital Improvement
Fund shall be maintained in a separate account by the Corporation and such monies shall be used only for
periodic maintenance, repair and replacement of Capital Improvements the Open Spaces. The Capital
Improvement Fund shall be maintained out of the annual general assessments. Any interest earned on monies in
the Capital Improvement Fund may, in the discretion of the Board of Directors, be expended for the daily
operation, management and maintenance of the Corporation and Open Spaces.
Book:2500,Page.470

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(g) All monies collected by the Corporation shall be treated as the separate property of the
Corporation and such monies may be applied by the Corporation to the payment of any expense of operating
and managing the Corporation, or the proper undertaking of all acts and duties imposed upon it by virtue of this
Declaration, the Articles and the Bylaws, except that monies placed in the Capital Improvement Fund shall be
used only for the specified purposes of said fund. As monies for any assessment are paid into the Corporation
by any Owner, the same may be commingled with monies paid to the Corporation by the other Owners.
Although all funds, including other assets of the Corporation, and any increments thereto or profits derived
therefrom or from the leasing or use of Open Spaces, shall be held for the benefit of the members of the
Corporation, no member of the Corporation shall have the right of assign, hypothecate, pledge or in any manner
transfer his membership interest therein, except as an appurtenance to his Lot. When the Owner of a Lot shall
cease to be a member of the Corporation by reason of his divestment of ownership of such Lot, by whatever
means, the Corporation shall not be required to account to such Owner for any share of the fund or assets of the
Corporation, including any monies which Owner may have paid to the Corporation, as all monies which any
Owner has paid to the Corporation shall be and constitute an asset of the Corporation which may be used in the
operation and management of the Corporation.
(3) Written notice of any meeting called for the purpose of taking any action authorized under Paragraph
(2)(b) shall be sent to all members not less than thirty (30) days, nor more than sixty (60) days in advance of the
meeting. At first such meeting called, the presence of members or of proxies entitled to cast fifty percent
(50%) of all votes of each class membership shall constitute a quorum. If the required quorum is not present,
another meeting may be called subject to the'same notice requirements, and the required quorum at the
subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such
subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
(4) Annual and special assessments shall, except as otherwise provided herein, be fixed at a uniform rate
for all Lots. However, for so long as there is a Class B member of the Corporation, the Lots owned by the Class
B member shall be liable for and the Class B member shall pay on each Lot as an annual general assessment
only twenty-five percent (25%) of the amount of the annual general assessment then being levied by the
Corporation on each Lot. This reduction in the amount of the annual general assessments due on Lots owned by
the Class B member shall terminate as to a particular Lot upon the Lot being conveyed by the Class B member
by deed, lease or rental agreement (excluding mortgage or deed of trust) to any person other than Declarant;
further, this reduction in the amount of annual general assessments due by the Class B member shall cease upon
the termination of Class B membership as herein provided.
(5) The annual general assessments provided for herein shall commence as to all lots upon recording the
Declaration in the office of the Register of Deeds of Craven County. The annual general assessments shall be
payable annually on or before January I of each year. The payment of any assessment or installment thereof
shall be in default if such assessment or installment is not received by the Corporation by January 3Is' of each
year. When in default, the delinquent assessment shall bear interest at the rate of ten percent (10%) per annum
until such delinquent assessment and all interest due thereon has been paid in full.
(6) The annual general assessments levied by the Corporation shall be used exclusively to improve,
maintain and repair the Open Spaces, to pay the expenses of the Corporation, to pay the cost of tree planting and
removal, to pay the cost of mowing and lighting the Open Spaces, and to pay the cost of any insurance required
for the reasonable protection of the Corporation and the members. Taxes, hazard insurance, and maintenance on
Dwellings and Lots are not to be a purpose of said assessment; but rather._ shall be an -individual. cost to be borne
by each Lot Owner_ III Illll11111111111111I1111111II<111011I
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(7) The Corporation shall, upon demand, and for a reasonable charge, furnish a certificate signed by an
officer of the Corporation setting forth whether the assessments on a specified Lot have been paid. A properly
executed certificate of the Corporation as to the status of assessments on a Lot is binding upon the Corporation
as of the date of its issuance.
(8) 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 foreclosure of a first mortgage or any proceeding in the lien therefore, 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_
F. Special Assessments
Special assessments may be levied against Lots for such reasons as are provided in these Restrictions,
the Articles or the Bylaws, and on such terms as provided by the directors and the members. Upon a two-thirds
(2/3) vote of the Directors and a two-thirds (2/3) vote of each class of members who are voting in person or by
proxy at a meeting duly called for this purpose, the Corporation may levy and impose special assessments. A
special assessment shall not exceed 100% of the then current assessment of each lot. The purposes for which
special assessments may be levied include, but are not limited to, providing funds to pay Community Expenses
which exceed the general assessment fund on hand to pay same (specifically including the cost of any
construction, reconstruction or repair or replacement of a capital improvement upon the Open Spaces, including
fixtures and personal property related thereto) and providing a contingency fund for capital improvements and
extraordinary expenses. Furthermore, special assessments may be assessed against specific Lots. Special
Assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge and lien on the land
and subject to the provisions of Paragraph 8 of Article E, and shall be a continuing lien upon the property
against which each such assessment is made. Furthermore, each such assessment, together with interest, costs,
and reasonable attorneys' fees, shall be the personal obligation of the person who was the owner of the Lot at
the time when the assessment fell due. The personal obligation for delinquent special assessments snail not pass
to a successor in title to a Lot unless expressly assumed by them but, subject to the provisions of this
Declaration, delinquent assessments shall continue to be lien upon such Lot. Written notice of any meeting of
the members called for the purpose of levying and imposing special assessments 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 proxies entitled to cast sixty percent (601/6) of all the votes of each class of
membership shall constitute a quorum, if the required quorum is not present, another meeting may be called
subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half
(1/2) of the required quorum at he preceding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting.
G. Lien for Assessments
Any general or special assessment, if not paid within thirty (30) days after the date of such assessment is
due, together with interest at the rate of ten percent (10%) per annum, costs of collection, court costs, and
reasonable attorneys' fees shall constitute a lien against the Lot upon which such assessment is levied. The
Corporation may record notice of the same in the Office of the Clerk of Superior Court of Craven County or file
a suit to collect such delinquent assessments and charges. The Corporation may file Notice of Lis Pendens,
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bring an action at law against the Owner personally obligated to pay uic ,a,nc auwur uriug all action to
foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments
provided for herein.
H. Compliance With This Declaration,
the Articles, and the Bylaws of the Corporation
In the case of failure of a Lot Owner to comply with the terms and provisions contained in these
Restrictions, the Articles or the Bylaws of the Corporation, the following relief shall be available,
(1) An aggrieved Lot Owner or Owners within the Subdivision or any Lot Owner on behalf of all Lot
Owners within the Subdivision shall have the right to bring an action and recover sums due, damages,
injunctive relief, and/or such other and further relief as may be just and appropriate. The reasonable costs
incurred to enforce the terms of this declaration, including a reasonable attomey's fee, shall be paid by any Lot
Owner found by a court of competent jurisdiction to have violated the terms of this declaration.
(2) If the violation is the nonpayment of any general or special assessment, the Corporation shall have the
right to suspend the offending Owner's voting rights for any period during which an assessment against the Lot
remains unpaid.
(3) The remedies provided by this Article are cumulative, and are in addition to any other remedies
provided by law.
(4) The failure of the Corporation or any Person to enforce any restriction contained in these Restrictions,
the Articles or the Bylaws shall not be deemed to waive the right to enforce such restrictions thereafter as to the
same violation or subsequent violation of similar character.
I. Property Rights of Lot Owners, Cross -Easements,
and Exceptions and Reservations by Declarant
(1) Every Owner of a Lot within the Subdivision as an appurtenance to such Lot shall have a perpetual
easement over and upon the Open Spaces within the Subdivision for each and every purpose or use to which
such Open Spaces were intended as determined by their type, or for which such Open Spaces generally are
used. Such easements shall be appurtenant to and shall pass with the title to every Lot located within the
Subdivision, whether or not specifically included in a deed thereto, subject to the following provisions:
(a) The Corporation shall have the right to make reasonable rules and regulations respecting the use
of same.
(b) The Corporation may make reasonable rules respecting temporary parking on streets of the
Subdivision.
(c) The Corporation shall have the right to dedicate or transfer fee simple title to all or any part of
the Open Spaces to any public agency, authority, or utility for such purposes and subject to such conditions as
may be agreed to by the members. No such dedication, sale, or transfer shall be effective unless an instrument
agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has,been recorded.
(d) The Corporation shall have the right to mortgage, pledge, deed in trust, hypothecate, sell, or
convey all or any part of the Open Spaces; provided, however, no such action may occur until an instrument
agreeing to such action signed by two-thirds (2/3) of each class of members has been recorded.
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(2) The Corporation hereinafter may grant easements for utility purposes for the benefit of the Subdivision
ant! the Lots now or on
located therein, over, under, along and through any Open Spaces located within
the Subdivision.
(3) Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Open Spaces
and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
(4) Easements for the installation and maintenance of utilities and drainage facilities are as shown on the
recorded plat. Those easements are reserved by Declarant for the purposes of benefiting this subdivision and its
other property in the area. Except as otherwise provided herein, no structure, planting, or other material shall be
placed or permitted to remain within these easements which may interfere with the installation and maintenance
of utilities, which may change the direction of flow of drainage channels in the easements, or which may
obstruct or retard the flow of water through drainage channels and easements, Declarant specifically reserves
the right to grant any public utility, municipality or other property owner similar nonexclusive easement rights
in said utility and drainage casements shown on the aforesaid plat and reserved herein.
(5) The Declarant reserves the right to subject the Lots in the Subdivision to a contract with the City of New
Bern Utility Department or any other public utility or municipality for electricity and lighting to the Lot,
including the installation of underground electric cables, which contract may require an initial payment and/or
continuing monthly payments to the City of New Bern Utility Department or any other municipality or public
utility by the Owner of each Lot. Such expense, including both initial and continuing monthly payments, shall
be an individual cost to be borne by each individual Lot Owner and is not covered by the general assessments.
(6) The Declarant reserved the right to subject the Lots in the Subdivision to a contract with the City of New
Bern Utility Department or any other public utility or municipality for street lights for the Open Spaces which
contract may require an initial payment and/or continuing monthly payments to the City of New Bern Utility
Department or any other public utility or municipality. Such expense is included in the general assessments.
(7) Additional residential property and Open Spaces may be annexed into the Subdivision and the
Corporation in the sole discretion of the Declarant. Annexation of additional property shall be accomplished by
recording a Declaration of Annexation describing the property annexed and incorporating the provisions of this
Declaraion by reference. The additional land shall be deemed annexed to the Subdivision and under the
jurisdiction of the Corporation on the date of the recordation of the Declaration of Annexation. The Declaration
of Annexation shall be duly executed by the Declarant.
(8) Each Owner of any Lot within the Subdivision, as an appurtenance to such Lot, shall have and is hereby
conveyed a perpetual, nonexclusive right of way and easement for the purposes of ingress, egress and regress to
and from said Lot over, through and across the streets and roads shown on the Subdivision plat and/or described
herein.
(9) The Owner of each Lot, by acceptance of a deed thereto, and the Corporation by acceptance of a deed
for the Open Spaces, grants to the Declarant, their successors and assigns, and Declarant hereby reserves
perpetual nonexclusive general access and utility easements located over, along and through the streets and
roads, utility lines, water lines and sewage lines presently existing, shown on the aforesaid plat or hereafter
constructed. Such easements are nonexclusive and are for the purpose of providing utilities, water and sewage
service and ingress, egress, regress and access to such additional areas as may be later developed and
subdivided by Declarant, whether or not such area is annexed into this Subdivision. In its sole, unfettered
discretion, Declarant may grant similar nonexclusive easement rights to various parties as they deem necessary
and proper.
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(10) The Open Spaces shall remain Open Spaces in perpetuity, 4,iu ]IV alluui, vi Mr. k.uipurauuEi shall
eliminate any portion of the Open Spaces unless such action is specifically authorized in writing by Craven
County.
1. Architectural Control and Architectural Restrictions
(1) The Architectural Control Committee ("Committee") shall be comprised of four (4) persons. Any
natural person may serve as a member of the Committee. Until December 31, 2007, Declarant shall have the
right to appoint and remove the four (4) Committee members with or without cause. After such date, the Board
of Directors of the Corporation shall have the right to appoint and remove members of the Committee with or
without cause.
(2) Before any structure, fence, building, wall or addition to any of same shall be commenced, erected, or
maintained upon any Lot and before.any alteration (including painting) of the exterior portion of any structure
located upon any Lot in the Subdivision shall be commenced (except as shall be undertaken by the Corporation
itself), the party desiring to make such changes or erections shall submit and have approved by the Committee
(hereinafter called "Committee"), plans and specifications detailing the changes erections. The plans and
specifications must show the structure, kind, shape, height, materials, color and locations of the change or
erection. Two (2) complete sets of Committee Applications Forms, final plans, and specifications for any and
all proposed improvements, shall be (1) hand delivered to the Committee, or (2) mailed certified or registered
mail with return receipt requested to the Committee. The Committee shall approve or disapprove such plans
within forty (40) days of receipt thereof.. One set of plans and specifications and details with the approval or
disapproval of the Committee shall be returned to the party submitting them and the other copy shall be retained
by the Committee for its permanent files. Until December 31, 2007, the address of the Committee: is 1281
Colony Drive, New Bern, North Carolina 28562. After such date, the address is the address of the Corporation.
(3) The Committee shall make its decision approving or disapproving the plans by taking into consideration
the nature of the Subdivision, the aesthetics of the proposed changes or alterations, the harmony of the proposed
change or erection with the architectural style of neighboring buildings, color schemes, durability of
construction, relative costs, and protection of the investment of the Owners of other Lots in the Subdivision.
Submission of incomplete or inaccurate plans and specifications may result in disapproval. The decisions of the
Committee shall be final and not subject to appeal or review.
(4) If the Committee fails either to approve or disapprove any plans so submitted within forty (40) days of
their submission, the plans will be deemed approved. If a court action challenging the lack of approval is not
brought before a certificate of occupancy has been issued by Craven County for the improvement, the plans
will be deemed approved.
(5) Neither the Committee nor any agent of the Declarant shall be responsible, in any way, for defects in
any plans or specifications submitted, revised or approved in accordance with the foregoing provisions, nor any
structural or other defect in any work done according to such plans and specifications.
(6) The requirement of this Article shall not constitute a lien or encumbrance on a Lot on which
construction is complete, and any subsequent purchaser thereof for value without notice thereof is in no way
affected by the failure of his predecessors in title to comply with the terms hereof.
(7) The initial members of the Committee shall be Donald E. Dixon and Ray E. McCotter.
(8) Pre -approved vinyl siding colors include: Certainteed vinyl colors Savannah Wicker, Desert Tan,
Natural Clay and Sterling Gray. Comparable colors from other manufacturers shall be approved by the
10
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Committee. Pre -approved asphalt roof shingles include: OWen'S-Corn111y, >Jullcusll)ual rev JV V11yx Diack,
Driftwood, Estate Gray, Weathered Wood shingles. Comparable colors from other manufacturers shall be
approved by the Committee.
K. Insurance
(1) The Corporation shall purchase and maintain, at all times, a comprehensive general liability insurance
policy covering all Open Spaces, public ways and any other areas that are under its supervision. The liability
insurance shall insure against liability to the public or to other lot owners, their tenants, guests or invitees,
relating in any way to the ownership, operation, maintenance and/or use of the Open Spaces and any part
thereof, and any other areas under the Corporation's supervision including public ways, if the Corporation
supervises any such public ways. Such insurance policy shall contain a "severability of interest endorsement"
or equivalent coverage which precludes the insurer from denying the claim of a Lot Owner because of the
negligent acts of the Corporation or other Lot Owners, Limits of liability shall be at least One Million Dollars
($1,000,000A0) covering all claims for personal injury and/or property damage arising out of a single
occurrence. The policy shall require the insurer to notify, in writing, the Corporation at least ten (10) days
before the insurer cancels or substantially changes the coverage.
(2) It is the responsibility of each Owner to purchase and maintain hazard insurance on such Owner's
Dwelling, personal property, fixtures and appliances. Each owner shall be responsible for purchasing and
maintaining any desired liability insurance covering his Lot and Dwelling.
L. Restrictions on Use and Occupancy
(1) The.division of lots is permissible provided that the number of Lots in the Subdivision is not increased
(i.e., portions of -lots are combined with other lots or other portions of lots to form a new Lot). Any such Lot
which has been formed with portions of one or more Lots shall be considered a Lot as defined herein
notwithstanding the fact that said Lot actually consists of portions of more than one original Lot. Drainage and
utility easements not actually in use shall be moved to the perimeter lot lines of the reconfigured Lot. No Lot
shall be used except for multi -family residential purposes. No building shall be located on any Lot except a
Dwelling as defined herein and such other outbuildings as may be normal and customary accessories for a
multi -family residential dwelling, including a private garage, and located within the building lines for said Lot
as shown on the recorded plat. Any changes in lot lines shall be approved by the City of New Bern.
(2) Every residential Dwelling constructed on a Lot shall contain at least nine hundred (900) square feet of
heated area, and shall have at lease one (1) attached garage. [n addition, if such Dwelling consists of a one and
one-half (11/2) story Dwelling, such Dwelling shall have not less than eight hundred (800) heated square feet
on the first floor. Any two (2) story dwelling shall contain not less than eight hundred (800) heated square feet
on the first floor.
(3) Any appurtenant structure shall be located behind the Principal Residence or Dwelling and shall be of
like materials, construction methods, and techniques as the principal residential dwelling. Appurtenant
structures are allowable only if, in the opinion of the Committee, they are necessary for the enjoyment of the
property as defined under multi -family residential uses. These appurtenant structures shall not be allowed if
they are made of metal, tin, aluminum, ar any pre -manufactured materials.
(4) All mailboxes shall be specified by the Declarant and shall be uniform in appearance. During
replacement of mailboxes, each individual homeowner must get approval of the Committee. The Committee
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reserves the right, in its absolute discretion, to prohibit satellite dishto u, ,u,,,., u,...,.,..w. .-dated
within the subdivision.
(5) No fences shall be allowed in the Subdivision other than a privacy fence to screen a patio directly behind
a Dwelling, or a backyard wood or vinyl fence that does not extend into the front yard beyond the rear corners
of a dwelling. Any fence erected on any lot must have the prior approval of the Committee. Any privacy
fences erected shall not be more than six (6) feet high, and any other fences erected shall not be more than four
and one-half (4.5) feet high. Notwithstanding anything to the contrary herein contained, no chain link fences
shall be erected or allowed to remain on any lot within the subdivision. Furthermore, notwithstanding anything
to the contrary herein contained, Declarant shall be allowed to erect a temporary wooden fence at any place on
any lot being used as a temporary model home; however, at such time as said lot ceases to be used for a model
home, any fence erected by Declarant which does not conform to the requirements of this paragraph shall be
removed.
(6) Without the prior written consent of the Committee, nothing shall be done or kept in any Dwelling or on
any Lot which will increase the rate of insurance applicable to other buildings in the subdivision. No Owner
shall permit anything to be done or kept in his Dwelling or on his Lot which will result in the cancellation of
insurance on his Dwelling or of that of any his neighbors. No waste may occur in the Open Spaces.
(7) Owners and occupants of Dwellings, without the prior written consent of the Committee, shall not place
or store any item on the exterior of a Dwelling.
(8) All motor vehicles of any type kept within the Subdivision, and located in public view, shall be
operational and have current tags, registration and inspection certificates. Only automobiles, pick-up trucks or
vans of a size of three-quarter ton or smaller and motorcycles shall be allowed to remain overnight on the Lots.
No tractor, trailer or tractor -trailer may be kept within the Subdivision. 1t is provided, however, that during
construction and development, construction trucks, tractors and equipment may be kept within the Subdivision
by the Developer or his designees.
(9) No signs of any kind shall be displayed to the public view on any Lot except signs used by the Declarant
or its agents to advertise the property during the construction and sales period or one sign not more than six (6)
square feet advertising the property for sale or rent.
(10) No trash, ashes, garbage, or other refuse shall be dumped or stored or accumulated on the exterior of any
Dwellings.
(11) All outdoor receptacles located on a lot for ashes, trash, rubbish or garbage shall be installed
underground, screened or so placed and kept as not to be visible to the occupants of other Lots.
(12) No noxious or offensive activity shall be conducted upon any Lot nor shall anything be done thereon
which may be or may become an annoyance or nuisance to the neighborhood.
(13) 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 they are not kept or
maintained for commercial purposes. Animals or pets shall not run at large. (Such pets shall be reasonable in
size and there shall be no more than two dogs maintained by any lot owner.)
(14) The provisions of this Article are subject to the condition that for so long as the Declarant retains any
Lot or any portion of the property in the Subdivision, whether shown and delineated on the aforesaid plat or
later annexed into the Subdivision, which has not been sold, leased, rented, or otherwise conveyed, the
Declarant is hereby expressly permitted to maintain signs on the Open Spaces.
(15) No outside radio or television antennas, satellite dishes, or towers of any kind, shall be erected on any
Lot or Dwelling unless and until permission for same has been granted by the Committee. No radio station or
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shortwave operator of any kind shall operate from any Lot or Dwelling without the prior written consent of the
Committee.
(16) All plumbing fixtures, dishwashers, toilets, or sewage disposal systems shall be connected to a sewage
system approved by the appropriate governmental authority and the Declarant. No outside toilet shall be
constructed or permitted on any Lot after completion of the principal residential dwelling. Portable toilets shall
be allowed during the construction period.
(17) No temporary house, manufactured mobile home, trailer, camper, tent, garage or other outbuilding shall
be placed on or erected on a Lot. Provided, however, the Committee may grant permission for a temporary
structure for storage of materials during the construction period and the Declarant may maintain construction
and/or sales trailers during the development period. No such temporary structure or appurtenant structure as
may be approved shall be used at any time as a dwelling. All temporary structures shall be approved by the
City of New Bern.
(18) Once construction of improvements is started on any Lot, improvements must be substantially
completed in accordance with the plans and specifications as approved by the Committee within a reasonable
time after commencement.
(19) No residence shall be occupied until the same has been substantially completed and a Certificate of
Occupancy has been issued by the appropriate governmental authority.
(20) All structures constructed or placed on any Lot shall be built of substantially new materials and no used
structure or materials shall be moved, relocated, or placed on any such Lot.
(21) Fuel storage tanks shall be buried below the surface of the ground and located behind the Principal
Residence or Dwelling.
(22) No structure erected upon any Lot may be used as a model exhibit or model home unless prior written
consent to do so has been obtained from the Committee. Provided, however, that notwithstanding any other
provisions of this Declaration, Declarant may maintain model homes and sales offices in the Subdivision as
long as Declarant owns a Lot within the area described in Article A(10).
(23) No outside burning of garbage or refuse shall be permitted.
(24) No Lot shall be accessed by motor vehicle except from the front lot line of the Lot as determined by the
front of the dwelling located upon said Lot without the express permission of the Committee.
(25) Each front lawn of the dwelling shall have grass sod, and shall have at least three (3) shrubs (five gallon
size minimum) located in front of each dwelling.
(26) No business shall be operated from any Dwelling other than a home occupation that does not result in
any increased traffic in the Subdivision. Vehicles used in the operation of a business may only be kept at
Dwellings within the Subdivision if they are being driven by persons residing in the Dwelling.
(27) Parking on the streets of the Subdivision is prohibited, other than temporary parking for guests and
visitors that does not exceed the periods established by the Corporation.
(28) Parking on any part of a Lot other than a driveway is prohibited. All driveways shall be constructed of
concrete.
M. Coastal Stormwater Management
(1) The following covenants are intended to ensure ongoing compliance with State Stormwater
Management Permit Number S W7060107, as issued by the Division of Water Quality under NCAC 2H.1000.
(2) The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the stormwater management permit.
(3) These covenants are to run with the land and be binding on all persons and parties claiming under them.
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(4) The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, Division of Water Quality.
(5) Alteration of the drainage as shown on the approved plan may not take place without the concurrence of
the Division of Water Quality.
(6) The maximum allowable built -upon area per lot is 3000 square feet. This allotted amount includes any
built -upon area constructed within the lot property boundaries, and that portion of the right-of-way between the
front lot line and the edge of the pavement. Built upon area includes, but is not limited to, structures, asphalt,
concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking,
or the water surface of swimming pools.
(7) All runoff from the built -upon areas on the lot must drain into the permitted system. This may be
accomplished through a variety of means including roof drain gutters which drain to the street, grading the lot to
drain toward the street, or grading perimeter swales to collect the lot runoff and directing them into a
component of the stormwater system. Lots that will naturally drain into the system are not required to provide
these additional measures.
N. Sedimentation and Erosion Control
(1) The Declarant's State approved Erosion and Sedimentation Control Plan does not include approval of
land disturbing activities associated with any Lot.
(2) Lot Owners or their agents shall comply with the North Carolina Sedimentation Pollution Control Act
and the erosion control ordinances of the City of New Bern.
(3) Lot Owners or their agents shall provide and maintain buffer zones sufficient to restrain visible
sedimentation, between the land disturbing activity and any adjacent property, including the street right of way,
and watercourse.
(4) The Lot Owners or agent of the Lot Owners prior to commencing any land disturbing activities, which
shall consist of 6-inch depth of 2-3 inch course aggregate base, shall install a construction exit.
(5) New and affected cut and filled slopes must be at an angle that can be retained by vegetative cover,
AND must be provided with a ground cover sufficient to restrain erosion within the shorter of fifteen (15)
working or thirty (30) calendar days of the completion of any phase (rough or final) of grading. Rye grass is not
an acceptable substitute for the providing of temporary or permanent ground cover.
(6) The Lot Owners or agent of the Lot Owners within the shorter of fifteen (15) working days or thirty
(30) calendar days after completion of construction must provide a permanent ground cover, sufficient to
restrain erosion.
(7) During construction of driveways or land -disturbing activities on building Lots or street right of ways in
front of Lots, Lot owners or their agents undertaking such activities shall be responsible for damage to
roadways and ditch swales, and for installing erosion control devices to prevent accelerated erosion and
sedimentation of water sources. These devices, if required by any governmental authority or by Declarant, shall
be constructed and maintained in accordance with the then current ordinances and regulations of the
governmental authority having jurisdiction thereof. No construction debris shall be placed or dumped on any
street right of way. Any ground cover or drainage system located within rights of way, ditches, or slopes of
streets which are disturbed during construction activity shall be re-established by the Lot owner responsible for
such activity.
14
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O. Waiver
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Pape 15 of 18
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No provisions contained in these Restrictions, the Articles or the Bylaws, shall be deemed to have been
waived, abandoned, or abrogated by reason of failure to enforce them on the part of any person as to the same
or similar future violation, no matter how often the failure to enforce is repeated.
P. Variances
The Committee, in its discretion, may allow reasonable variances and adjustments of these Restrictions
in order to alleviate the practical difficulties and hardships in their enforcement and operation. Any such
variances shall not violate the spirit of the intent of this document to create a Subdivision of Lots owned in fee
by various persons with each such Owner having an easement upon areas owned by the Corporation. No
variance or adjustment will be permitted if such would be materially detrimental or injurious to the welfare of
the property and improvements in the Subdivision as determined by the Committee.
To be effective, a variance hereunder shall be recorded in the Office of the Register of Deeds of Craven
County; shall be executed on behalf of the Committee; and, shall refer specifically to this Declaration.
Q. Duration, Amendment and Termination
(1) The covenants and restrictions contained in the Declaration shall run with and bind the land until
December 31, 2026. The Declarant herein reserves the right to amend these declarations and restrictions until
December 31, 2026. After that date, these Declarations and Restrictions may be amended in full or in part prior
only by an instrument signed by not less than two-thirds (213) of each class of members. No amendments shall
alter any obligation to pay ad valorem taxes on the Open Spaces or assessments for street lighting as herein
provided, or affect any lien for the payment of same. Further, no such amendment shall affect the rights of
Declarant unless such party executes the amendments.
(2) Invalidations of any one of these covenants or Restrictions by judgment or court order shall in no way
affect any other provisions which shall remain in full force and effect.
(3) Notwithstanding any other provision of this document, Declarant may amend this instrument without the
joinder or consent of any other person or entity if such amendment is required by any governmental agency for
governmental approval.
R. Open Spaces: Private
(1) Every Open Space and any facility thereon is private. Neither the Declarant's execution nor recording
of the plat nor any other act of the Declarant with respect to the property is or is intended to be or shall be
construed as a dedication to the public of any of said parks, recreational facilities or amenities other than as
reflected herein. An easement for the use and enjoyment of each of the areas designated as Open Spaces is
reserved by the Declarant, its successors and assigns, for the benefit and use of their remaining property as
described above and an easement for the use of such areas may be granted to the owners of such remaining
property.
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(2) All Open Spaces shall be owned by the Corporation and shall be acquired by the Corporation free and
clear of all liens and encumbrances except pro rata ad valorem real property taxes for the year of conveyances,
rights and easements reserved herein, and drainage and utility easements and mineral reservations as established
in the chain of title.
S. Remedies
Enforcement of these restrictions and conditions shall be by proceeding at law or in equity against any
person or persons violating or attempting to violate any covenant or condition, either to restrain violation
thereof or to recover damages thereof. Injunction shall not issue to compel the removal of or moving of any
completed residence for violation of side setback or front setback restrictions, the sole remedy of any offended
person being a suit for damages.
T. Applicability
These Restrictions shall apply only to the Lots specified herein or hereinafter annexed into the
Subdivisions. No other property is restricted.
U. Captions
The captions preceding the various Articles of these Restrictions are for the convenience of reference
only, and shall not be used as an aid in interpretation or construction of these Restrictions. As used therein, the
singular includes the plural and where there is more than one Owner of a Lot, said Owners are jointly and
severally liable for the obligations herein imposed. Throughout this Declaration, references to the masculine
shall be deemed to include the feminine, the feminine to include the masculine, and the neuter to include the
masculine and feminine.
V. Notice
All notices provided for or permitted pursuant to these Restrictions shall be in writing and, except as is
herein expressly otherwise provided, notice shall be deemed sufficient and service thereof completed upon hand
delivery or receipt, refusal, or non -delivery of same when mailed, postage prepaid, to the party to or upon whom
notice is being given or served at the address of such party last reflected on the records of the Corporation.
W. Liberal Construction
The provisions of this Declaration shall be construed liberally to effectuate its purpose of creating a
Subdivision of fee simple ownership of Lots and buildings governed and controlled by rules, regulations,
restrictions, covenants, conditions, reservations, and easements administered by an Owners' association with
each Owner entitled to and burdened with the rights and easements equivalent to those of other owners. In the
case of conflict between this Declaration, the Articles, or Bylaws, this Declaration shall control the Articles and
the Bylaws, and the Articles shall control the Bylaws. IIIu1111MMlNI{1IMII{�f�1H16111�f�I�Illl�{IIII
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(Page 17 of 18)
1N WITNESS WHEREOF, MCDI PROPERTIES, LLC has executed this instrument by and through its
Member-Manager(s) this the day and year first above written.
MCDI PROPERTIES, LLC, a North Carolina
limited liability company
By:
1
RA E. CCOTTER, Manager
By: &-Qd (_ ,
Od—
DONALD E. DIXON, Manager
STATE OF NORTH CAROLINA
i
COUNTY OF �T-")bqjk
C �r
1, a Notary Public, do hereby certify that
DONALD E. DIXON per orally appeared before me this day and'acknowledged that he is a Member/Manager
of MCDI PROPERTIES, LLC, a North Carolina Limited Liability Company, and further acknowledged the due
execution thereof.
WITNESS my hand and official stamp or seal, this the day of G , 2006.
NOTARY PUBLIC
My Commission Expires: �' ` �d �,,•;'; CGy G,`fiy��.,,�o I�[IIIU �41lll�ll l �ll {�141�I�II � 441p�i �� I11 14
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(Page 18 _ of 18)
Image ID: 000001023827 Type: CRP
�y /�Paagge718 0f 18
STATE OF NORTH CAROLINA
COUNTY OF �) (MI
I, r Ca a Notary Public, do hereby certify that
DONALD E. DIXON p rsonally appeared before me this day and acknowledged that he is a Member/Manager
of MCDI PROPERTIES, LLC, a North Carolina Limited Liability Company, and further acknowledged the due
execution thereof.
.. 99
WITNESS my hand and official stamp or seal, this the C' day of XL�x �"+ , 2006,
NOTARY PUBLI
My Commission Expires: 3 7- 2 oa
Prepared by: Henderson, Baxter, Taylor & Gatchel, P.A.
Attorneys at Law
Post Office Drawer U
New Bern, North Carolina 28563
Red for re stridle t at aja&M o'clock
This 1y11A.20
B Rage
Repiswor deeds Craven County
Shard B. Richard
Book : 2500 , Page A 70