SW8050109_Current Permit_20050223

OF W ATF
R Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 '< Alan W. Klimek, P.E. Director
r
r Division of Water Quality
February 23, 2005
Mr. Richard A. Farrington, Jr.
Member Manager
Cedar Point Associates, LLC
9816 Clarendon Drive
Emerald Isle, NC 28594
Subject: Permit No. SW8 050109
The Village at Magens Bay
Low Density Stormwater Project
Carteret County
Dear Mr. Farrington:
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for The Village at Magens Bay on February 22, 2005. 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 050109
dated February 23, 2005, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to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 Paul Bartlett or me at [phone].
Sincerely,
Ed Beck
Acting Regional Supervisor
Surface Water Protection Section
ENBlptb: S:1WQSISTORMWATIPERMIT1050109
CC" Timothy M. Stewart, P.E., Parker & Associates, Inc.
Katrina Marshall, Carteret County Inspections
Paul T. Bartlett, P.E.
Wilmington Regional Office
Central Files
Norm Carolina Division of Water Quality 127 Cardinal Drive Extension
Wilmington Regional Office Wilmington, NC 28405-3845
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper
Phone [phone] Customer Service 1-877-623-6748
FAX [phone] Internet: h2o.enr.state.nc.us
1VOTf.)i1CaY'O11I11
,Vaturallu

State Stormwater Management Systems
Permit Number SW8 050109
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
S T A T E 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
Richard A. Farrington, Jr. and Cedar Point Associates, LLC
The Village at Magens Bay
Carteret County
FOR THE
construction, operation and maintenance of a low density development 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.
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. This permit covers the construction of 87,722 square feet of built -upon area.
2. The overall tract built -upon area percentage for the project must be maintained at
25%, as required by 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 only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
5. No piping is allowed except that minimum amount necessary to direct runoff
beneath an impervious surface such as a road or to provide access.
6. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
7. Roof drains must terminate at least 30' from the Mean High Water line.
Page 2 of 5

State Stormwater Management Systems
Permit Number SW8 050109
II. SCHEDULE OF COMPLIANCE
1. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer beLV een all Imper vious areas and sul— ace Waters.
2. The permittee is responsible for verifying that the proposed built -upon area does
not exceed the allowable built -upon area.
3. 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.
4. Prior to the sale of this project, in whole or in part, the following deed restrictions
must be recorded with the Office of the Register of Deeds:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number SW8 050109, as issued
by the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons
and parties claiming under them.
d. 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.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. Construction of additional built -upon area in excess of 87,722 square feet
will require a permit modification.
g. Construction of additional impervious areas such that low density
requirements are no longer met must be submitted to DWQ and a permit
modification must be issued prior to construction. An engineered system
will be required to collect and treat the runoff from all built -upon area
associated with the project, including that area permitted under the low
density option.
h. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings,
is strictly prohibited by any persons.
i. A minimum 30' wide vegetated buffer area shall be provided between
surface waters and all impervious surfaces.
5. A copy of the recorded restrictions must be received in this Office within 30 days
of the date of sale.
Page 3 of 5

State Stormwater Management Systems
Permit Number SW8 050109
6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the permitted development, except for average driveway
crossings, is strictly prof URed by any persons.
7. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
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, acquisition, or sale of the project area. The project
area is defined as all property owned by the permittee, for which
Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
8. 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.
9. During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
10. 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.
11. Within 30 days of completion of the project, the permittee shall certify in writing
that the project has been constructed in accordance with the approved plans.
12. T he permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
III. GENERAL CONDITIONS
1. 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.
3. 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.
Page 4of5

State Stormwater Management Systems
Permit Number SW8 050109
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 'Ilaves, 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. This permit is not iransferabie 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
necessary. A formal permit request must be submitted to the Division of Water
Quality accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The approval of
this request will be considered on its merits, and may or may not be approved.
The permittee is responsible for compliance with all permit conditions until the
Director approves the transfer.
6. The permittee grants permission to DENR Staff to enter the property for the
purpose of inspecting all components of the stormwater management facility.
7. The permittee shall notify the Division of any name, ownership or mailing address
changes within 30 days.
8. 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.
Permit issued this the 23rd day of February 2005
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
--------------------------------------
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW8 050109
Page 5 of 5

Fee Paid
of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name (specify the name of the corporation, individual, etc. who owns the project):
Cedar Point Associates, LLC
2. Print Owner/Si Official's name and title (person legally responsible for facility and compliance):
Richard A. Farg rington, Jr., Member Manager
3. Mailing Address for person listed in item 2 above:
9816 Clarendon Drive
l
Emerald Ise
City; State: NC gyp; 28594
Telephone Number: ( 252 354-5383
4. Project Name (subdivision, facility, or establishment name - should be consistent -with project name on plans,
specifications, letters, operation and maintenance agreements, etc.):
The Village at Magens Bay
5. Location of Project (street address):
NC Hwy 24
City: Cedar Point Co Carteret County
6. Directions to project (from nearest major intersection):
From the intersection Hwy 24 and NC 58, take Hwy 24 West 0.35 miles, project Is on the Southside
of Hwy.
N 340 41' 09" W 770 04' 28"
Latitude: Longitude: of project
8. Contact person who can answer questions about the project:
Name:
Timothy M. Stewart, P.E. 910 455-2414
Telephone Number:
II. PERMIT INFORMATION:
1. Specify whether project is (check one): X New Renewal Modification
Form SWU-101 Version 3.99 Page 1 of 4

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
existing permit number and its issue date (if known)
3. Specify the type of project (check one):
X Low Density High Density Redevelop. General Permit Other
4. Additional Project Requirements (check applicable blanks):
_CAMA Major X. Sedimentation/Erosion Control • _404/401 Permit . _NPDES •Stormwater
Information on required state permits can be obtained by contacting the Customer -Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
L. In the space provided -below., summarize.how-stormwater will be. treated.- -Also attach. a.detailed:narrative
(one to two pages) .describing stormwater management for the project.
Stormwater sheet runoff will be treated through 5:1 grassed outlet
swales
2. Stormwater runoff from this project drains to the White Oak Rives' basin. .
3. Total Project Area: 8.4 acres 4. Project Built Upon Area: 24.0 %
1
5. How many drainage areas does the project have?
6. Complete the following information for each drainage area. If there are -more than two drainage areas in -the
project, attach -an additional sheet with the information for each area provided in the-same•format as below.
UT to Boathouse Creek
Receiving Stream Name
Receiving Stream Class
SA HQW
Drainage Area -
8.4 Acres
Existing Impervious" Area
0
Proposed Impervious'Area
87,722 SF
% Impervious" Area (total)
24.0 %
Drn : safes Al -
On -site Buildings 41,994 SF
On -site Streets
0
On -site Parking
45,728 SF
On -site Sidewalks
0
Other on -site
0
Off -site
0
Total: 87,722 SF
Total:
Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, gravel areas, etc.
Form SWU-101 Version 3.99 Page 2 of 4

7. How was the off -site impervious area listed above derived?
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
.subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment.
1. The following covenants are intended to -ensure ongoing compliance withstate stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than n/a square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4.. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runofffrom outparcels or future development shall be directed into the permitted stormwaier control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BMP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102
Wet Detention Basin Supplement
Form SWU-103
Infiltration Basin Supplement
Form SWU-104
Low Density Supplement
Form SWU-105
Curb Outlet System Supplement
Form SWU-106
Off -Site System Supplement
Form SWU-107
Underground Infiltration Trench Supplement
Form SWU-108
Neuse River Basin Supplement
Form SWU-109
Innovative Best Management Practice Supplement
Form SWU-101 Version 3.99 Page 3 of 4

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ).
A complete package includes all of the items listed below. The complete application package should be
submitted to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original and one copy of the Stormwater Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of $420 (payable to NCDENR)
• Detailed narrative description of stormwater treatment/management
• Two copies of plans and specifications, including:
- Development/Project name
- Engineer and firm
-Legend
- North arrow
- Scale
- Revision number & date
Mean high water line
- Dimensioned property/project boundary
Location map with named streets or NCSR numbers
- Original contours, proposed contours, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, and stormwater control measures
- Wetlands delineated, or a note on plans that none exist
- Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations
- Drainage areas delineated
- Vegetated buffers (where required)
VII. AGENT AUTHORIZATION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm);
PARKER & ASSOCIATES, INC-
Mailing Address: P.O. BOX 976
City: JACKSONVILLE State: NC Zip: 28541
Phone: ( 910 )455 - 2414 Fax: ( 910 ) 455 - 3441
VIII. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in General Information, item 2) I C h Q Ir A a r f i 6ai n �.
certify that the information included on this permit application form is, to the best of my knowled , correct and
that the project will be constructed in conformance with the approved plans, that the required deed restrictions
and protective coyenalits will be reco ed, and t at the proposed project complies with the requirements of 15A
NCAC 2H .1 /
�, �....... e. Date: r � s` d
Form SWU-101 Version 3.99 Page 4 of 4

rl
Permit No.� 8 0 5—(9
(to be provided by DWQ)
State of North Carolina �11D1D5- P/,%—
Department of Environment and Natural Resources
Division of Water Quality
STOP. v';A ER MANAGEMENT PERMIT APPLICATION FORM
LOW DENSITY SUPPLEMENT
This form may be p&twopied for use as an original
A low density project is one that meets the appropriate criteria for built upon area and transports stormwater
runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater
collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be
found in 15A NCAC 2H .1005 through .1007.
L PROJECT INFORMATION
Project Name: The Village at Magen's Bay
Contact Person: Timothy M. Stewart, P.E. phone Number: P10 ) 455-2414
Number of Lots: nIa Allowable Built Upon Area Per Lot*: nla
*If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area
for each.lot. The attachment_ must include the project name, phase,_ page numbers and. provide area subtotals
and totals.
H. BUILT UPON AREA
See the Stormwater Management Permit Application for specific language that must be recorded in the deed
restrictions for all subdivisions.
For uniform lot sizes, complete the following calculation in the space provided below where:
• SA Site Area - the total project area above Mean High Water. Wetlands may be excluded when the
development results in high density pockets.
• DF Density Factor - the appropriate percent built upon area divided by 100.
• RA Road Area - the total impervious surface occupied by roadways.
• OA Other Area - the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc.
• No. Lots - the total number of lots in the subdivision.
• BUA/Lot - the computed allowable built upon area for each lot including driveways and impervious
surfaces located between the front lot line and the edge of pavement.
Form SWU-104 Rev 3.99 Page 1 of 2

(SA x DF) - RA - OA = BUA
No. Lots Lot
8.4 Ac. X 25 % = 91,476 SF Impervious Allowed
87,722 SF impervious proposed
M. REQUMED ITEMS CHECKLIST
Initial in the space provided -to indicate that the following requirements have been 'met and supporting
documentation is provided as necessary. If the applicant has designated an agent on the Stormwater
Management Permit Application Form, the agent may initial below.
Applicants Initials
"1 M) 0.1 A a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse
River basin may require additional buffers.
b. Deed restriction -language as required on form SWU-101 shall be recorded as a restrictive
covenant. A copy of the recorded document shall be provided to DWQ within 30 days of
platting and prior to sale of any lots.
S c. Built upon area calculations are provided for the overall project and all 1ots. .
7M d. Project conforms to low density requirements within the ORW AEC'(1f applicable).
(15A NCAC .2H.1007(2)(b)]
Form SWU-104 Rev 3.99 Page 2 of 2

Permit No. 0 S 0 —() l Q 9
(to be provided by D Wb
State of North Carolina .
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
CURB OUTLET SYSTEM SUPPLEMENT
FOR LOW DENSITY DEVELOPMENT WITH CURB AND GUTTER
This form may be photocopied for use as an original
DWO Stormwater Management Plan Review:
A complete stormwater management plan submittal includes a stormwater management permit application, a
curb outlet system supplement, a low density supplement, design calculations, and plans and specifications
showing all stormwater conveyances and curb outlet details.
I. PROJECT INFORMATION
Project Name:
Contact Person:
The Village at Megan's Bay
Richard A. Farrington, Jr.
Phone Number: ( 252� 659-2534
Curb outlets to (check one): (k Swale 0 Vegetated Area
H- REQUIRED ITEMS CHECKLIST
The following checklist outlines design requirements per the North Carolina Administrative Code Section 15A
NCAC 2H .1008.
Initial in the space provided to indicate that the following design requirements have been met and supporting
documentation is attached. If the applicant has designated an agent on the Stormwater Management Permit
Application Form, the agent may initial below. If a requirement has not been met, attach justification.
Applicants Initials
fAA S a. Curb outlets direct flow to a swale or vegetated area.
'r J b. Swales or vegetated areas receiving curb outlet flow are designed to carry, at a minimum,
the peak flow from the 10-year storm.
�M S c. Flow velocity is non -erosive for peak flow from the 10-year storm event.
d• Longitudiriatslope of swak or vegetated amwdoes mt-e=eud r`o
'( ►�S _ e. Side slopes of the swale or vegetated area are no steeper than 5:1 (horizontal to vertical).
' to 5 f. Length of swale or vegetated area is > 100 feet.
TM S g. The system takes into account the run-off at ultimate built -out potential from all surfaces
draining to the system (delineate drainage area for each swale).
TIC► S h. Swales are located in recorded drainage easements.
'rM 5 i. Grass type(s) for permanent vegetative cover specified on detail.
�I�_ j. Swale detail provided on plans.
)�t - pItA BF l-ECOr`DV0 AT A GAfrp- pA'CF
Form SWiJ-105 `ver 3.99 Page 1 of 3

IIL DESIGN INFORMATION
S4 f
Complete the following table. If additional space is needed the information should be provided in the same
format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State
of North Carolina Erosion and Sediment Control Planning and Design Manual.
Table 1. Swale Design Information
Swale No.
Drainage
Area ac
Impervious
Area ac
Grassed
Area (ac)
C
Q
(cfs
V.11W
s
V.„p,
s
Flow
Depth ft
-2.-
3
.30
.17
.12
.6
1.3 V
5
.9
.6 %
it 5
.30
.17
.12
.6
1.3
5
-6-
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Form SWU-105 Ver 3.99 Page 2 of 3

IIL CURB OUTLET SYSTEM MAINTENANCE REQUIREMENTS
1. Mowing will be accomplished as needed according to the season. Grass height will not exceed six inches
at any time.
2. Swales will be inspected monthly or eter calory runoff producing rainfall event for sediment build-up,
erosion, and trash accumulation.
3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded
following sediment removal.
4. Eroded areas of the swales will be repaired and reseeded. Swales will be revegetated as needed and in a
timely manner based on the monthly inspections.
5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every
significant runoff producing rainfall event. Trash and debris will be cleared away from grates, curb cuts,
velocity reduction devices and piping.
6. Swales will not be altered, piped, or filled in without approval from NCDENR Division of Water Quality.
I acknowledge and agree by my signature below that I am responsible for the performance of the six
maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any
changes to the system or responsible party.
Print Name and
r.
Address: Clarendon Dr., �mefAld -Slc NC z%-s
Date: 1 - 1-7 — d
a el0.
I
Note. The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a
resident of the subdivision has been named the president.
L cANa Notary Public for the State of h 00 Coo (i a , County of Q 5 , do hereby certify that R i G h0 rd A. Fd r r }0(13e , persons, appeared before me this j 11
TI
day of 2005 , and aelmowledge the due execution of the forgoing infiltration basin maintenance
requirements. witness my Band and official seal,
pp p h Q
41
m o" SEAL
p w
soea"n6B'6j���®CCU, fig���°
My commission expires
Form SWU-105 Ver 3.99 Page 3 of 3

To--1 � .
TATE ONOY� OLLNA
CO Y FCARTE _ T
DECLARATION OF RESTRICTIVE COVENANTS.
CONDITIONS AND STORMWATER EASEMENTS
FOR THE VILLAGE AT MAGENS BAY P.U.D.,
CEDAR POINT, NORTH CAROLINA
These Restrictions and Easements executed this day of , 2005, by
Kathryn Ferguson Gorham, Henry Gorham, DAB Enterprises, LLC, RBF Associates, LLC, and
Cedar Point Associates, LLC, Emerald Isle, Carteret County, North Carolina; and all persons, firms
and corporations hereafter acquiring certain designated lots within The Village at Magens Bay,
P.U.D. located off Highway 24, Cedar Point, Carteret County, North Carolina, as shown on a Parker
& Associates, Inc., consulting engineers plat dated
as recorded in Map Book
Page . Carteret County Registry, said plat being incorporated herein by reference;
WITNESSETH.
WHEREAS, Kathryn Ferguson Gorham, Henry Gorham, DAB Enterprises, LLC, RBF
Associates, LLC and Cedar Point Associates, LLC either now own or will hereafter be transferred
ownership interest in the planned unit development of real property to be known as The Village at
Magens Bay P.U.D., said real property consisting of Tracts 2, 3 and 4 as shown on a plat recorded
in Map Book 30, Page 382, Carteret County Registry, with Henry Gorham and Kathryn Ferguson
Gorham having acquired Tract 4 by deed recorded in Book 1041 at Page 83, re -recorded thereafter
in Book 1043 at Page 408, with DAB Enterprises, LLC having acquired Tract 3 by a deed recorded
in Book 1041, Page 82, and with RBF Associates, LLC having acquired Tract 2 by a deed recorded
in Book 1041, Page 81, Carteret County Registry; and
WHEREAS, Henry Gorham, Kathryn Ferguson Gorham, DAB Enterprises, LLC, RBF
Associates, LLC, and Cedar Point Associates, LLC, herein "Declarant", as the owners of Tract 2,
3 and 4 intend to subdivide the property into commercial, office, institutional or multi -family tracts
Gr lots as paA of the Declarant's project to be Known as "The Village at Magens Bay P.U.D.";

on
WHEREAS, Declarant intends to locate, construct and complete two access roads from
Highway 24 over and across the property as shown on the recorded plat in Map Book , Page
, Carteret County Registry, for use by the various tracts within The Village at Magens Bay
P.U.D. for access to and from Highway 24, and Declarant further intends to locate, construct and
complete swales and other stormwater facilities and equipment within The Village at Magens Bay
P.U.D., for use by the various tracts for stormwater runoff, accumulation and infiltration;
WHEREAS, Declarant intends to impose certain restrictions regarding impervious surfaces,
to allow for and impose easements for drainage, to allow for and impose easements for vehicular
access, to require prior architectural approval for construction and development of certain designated
tracts, and to otherwise preserve the values, attractiveness and environmental quality of said project,
and in order to accomplish all of these purposes, Declarant has adopted these restrictions, covenants
and easements;
NOW, THEREFORE, in order to provide for the foregoing, the Declarant does hereby
covenant and agree with all persons, firms or corporations now owning or hereafter acquiring
designated parcels within The Village at Magens Bay P.U.D., herein "Project", that the use of the
lots or tracts in said Project is hereby made subject to the following restrictions, covenants,
easements, terms and conditions, which shall run with said project and the lands therein, and be
binding on the property owners within said project and their successors and assigns.
ARTICLE I - DEFINITIONS
As used throughout this Declaration, the following terms shall have the definitions set out
herein as follows:
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A. "Declaration" shall mean and refer to this Declaration of Covenants,
Easements, Conditions, and Restrictions for The Village at Magens Bay P.U.D., and any
amendments thereto as recorded in the Carteret County Registry.
B. "Declarant" shall mean and refer to Kathryn Ferguson Gorham, Henry
Gorham, DAB Enterprises, LLC, RBF Associates, LLC, and Cedar Point Associates, LLC, and their
heirs, successors in interests and assigns. "Declarant" and "Developer" as used herein are
interchangeable and shall have the same definition.
C. "Lot" or "Parcel" shall mean and refer to any tract or plot of land within The
Village at Magens Bay P.U.D. project as said project is more particularly described hereafter, which
constitutes or will constitute after construction of improvements, a commercial, office, institutional,
or multi -family site, as shown on the plats or plans fog The Village at Magens Bay P.U.D., recorded
in the Carteret County Registry.
D. "Owner" shall mean and refer to the owner of record of fee simple interest in
any lot, tract or parcel in The Village at Magens Bay P.U.D. project, excluding those persons having
such interests merely of a security interest for the performance of an obligation.
E. "Tract or Parcel' shall mean and refer to all of those tracts or parcels of The
Village at Magens Bay P.U.D. as shown on the plat of Parker & Associates, Inc., recorded in Map
Book , Page , Carteret County Registry, which are intended by Declarant for
commercial, business, office, institutional, or multi -family uses and sites as authorized and permitted
by the Town of Cedar Point under its Zoning, Subdivision, and Multi -Family Ordinances.
F. "Project" shall mean and refer to the multi -family, commercial, business,
office and institutional project of The Village at Magens Bay P.U.D.
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G. "Association" shall mean and refer to The Magens Bay Village Master
Association, Inc., and its successors and assigns, the Master Association entity responsible for the
overall administration, upkeep, and maintenance of the streets, stormwater facilities, and other
common areas of The Village at Magens Bay P.U.D.
ARTICLE II - PROPERTIES SUBJECT TO THIS DECLARATION
l . Applicability. All of the properties as shown on the Parker & Associates, Inc. survey
plat recorded in Map Book , Page , Carteret County Registry, are hereby expressly made
subject to the operation of these Covenants.
2. Reservations. The Declarant reserves the right absolutely to change, alter or
redesignate the allocated, planned, platted, or recorded use, area, or designation of any of the parcels
shown on The Village at Magens Bay P.U.D. project as recorded aforesaid, so long as the Declarant
retains title to the property involved, so long as any changes or alterations are in conformance with
the Town of Cedar Point's Subdivision, Zoning, P.U.D. and Multi -Family Ordinances, including, but
not limited to the right to change, alter or redesignate roads, utility and drainage easements, and to
change, alter or redesignate such other present or proposed parcel or tract lines and facilities as may,
in the sole judgment of the Declarant, be necessary or desirable.
ARTICLE III - ARCHITECTURAL CONTROL, INSPECTION AND USE RESTRICTIONS
Declarant shall have the responsibility of enforcing the restrictions set forth in this Article
prior to the formation of the Committee, which upon appointment by the Declarant, shall assume and
be responsible for enforcement. References in this Article to "Committee" shall mean Declarant
until the Committee is appointed and references to "Declarant" shall include the Committee once it
is appointed. The following building or architectural restrictions shall apply to each and every parcel
of The Village at Magens Bay P.U.D. Project subject to this Declaration:
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Section 1. AMroval of Plans and Architectural Committee.
(a) No site preparation or initial construction, erection, or installation of any
improvements, including, but not limited to structures, buildings, landscaping, fences, walls,
drainage, lot clearing, signs, antennas or other structures, shall be undertaken upon the parcels unless
the plans and specifications therefore, showing the nature, proposed uses, kind, shape, size, height,
materials, and location of the proposed improvements on each parcels, including but not limited to,
buildings, decks, drives, drainage, landscaping, clearing, parking areas, plants, shrubs, trees
(including trees to be removed), and any other permanent structures or changes to be made to the
parcel, shall have been first submitted to the Committee and expressly approved in writing. No
subsequent alteration or modification which would result in an exterior, structural change to the
buildings, outbuildings, or significant changes to the landscaping may be undertaken on any of the
parcels without the prior review and express written approval of the Committee.
(b) In the event the Committee fails to approve or disapprove the site or design
of any proposed improvements within thirty (30) days after plans and specifications therefore have
been submitted and received, approval will not be required, and the requirements of this Article will
be deemed to have been fully met; provided, that the plans and specifications required to be
submitted shall not be deemed to have been received by the Committee if they contain erroneous
data or fail to present adequate information upon which the Committee can arrive at a decision.
(c) The Committee shall have the right, at its election, to enter upon any of the
parcels during site preparation or construction, erection or installment of improvements, to inspect
the work being undertaken and to determine that such work is being performed in conformity with
the approved plans and specifications and in a good and workmanlike manner, utilizing standard
industry methods and good quality materials.
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(d) The approval of any such plans, specifications or other items submitted to the
Committee pursuant to this S ection shall not impose any liability or responsibility on the Committee
or `the Association with respect to either the compliance or non-compliance with any such plans,
specifications, or other items (including any improvements or structures erected in accordance
therewith) with applicable zoning ordinances, building codes or other governmental or quasi -
governmental laws, ordinances, rules and regulations or defects in or arising from such plans,
specifications or other items (including, without limitation, defects relating to engineering matters,
structural and design matters and the quality or suitability of materials).
(e) Until such time as the Declarant notifies the owners of parcels within the
project of its desire to appoint the Committee, the Declarant consisting of Richard A. Farrington,
Jr., David A. Barefield, Henry Gorham and Kathryn Ferguson Gorham, shall serve as the Committee,
and shall exercise the authority to approve plans and other matters set forth in this Article. At such
time as Declarant notifies the parcel owners that they will appoint a Committee for the functions and
purposes set forth herein, the Committee consisting of two to five persons, shall be appointed by the
Declarant to each serve for a term of one year or until their successors have been duly appointed, in
the event of the death, resignation or removal of a member of the Architectural Review Committee.
(f) With the submission of the plans and specifications, each parcel owner shall
pay a non-refundable architectural review fee to the Declarant in such amount as maybe established
from time to time by the Declarant for the review of the plans and specifications, so long as the
Declarant is acting as the Committee, and thereafter shall pay to the Committee such fee as may be
approved from time to time for architectural review of the plans and specifications.
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Section 2. Use Restrictions.
(a) All parcels within the project as defined herein shall be used for commercial,
business, office, institutional and multi -family purposes only, in accordance with the mown of Cedar
Point Zoning, Subdivision and Multi -Family Ordinances.
(b) Mobile homes, trailers, manufactured homes, modular homes, tents and all
other structures of a temporary character are expressly prohibited from being placed, erected or
maintained on any lot at any time. Provided, this prohibition shall not apply to shelters used by a
Contractor or Builder during the construction of a building so long as the temporary shelter is not
used at any time as a residence and said temporary shelter is immediately removed following
completion of the building. As used herein, the term "mobile home" and "manufactured home" shall
have those definitions and meanings set forth in O.S. 41-2.5, G. S. 143-143.9(6), and G.S.
143-145(7). Provided, that the width and length of a manufactured home, or mobile home shall be
irrelevant and inapplicable as it is the intent of these covenants to prohibit manufactured homes,
modular homes and mobile homes of all sizes regardless of length or width.
(c) Only stick built buildings shall be permitted on any of the parcels within the
project. No buildings or structures of any kind shall be permitted on any parcel within the project
unless first submitted to and approved in advance by the Architectural Control Committee.
(d) All fuel tanks or similar storage receptacles shall be prohibited from being
exposed to view, and any such receptacles may only be installed within the main building, within
a permitted accessory building, within a screened area, or buried underground. Provided, the
Declarant shall be permitted to erect, place or permit the placement of tanks, equipment or other
apparati within the project for uses related to the provision of sewage, water, pool, stormwater and
similar utilities and uses within the project.
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(e) Radio and television antennas and similar communication devices are
prohibited unless the plans for the same are first submitted to and approved by the Architectural
Review Committee. Nothing herein shall require the approval of television satellite dishes not
exceeding eighteen (18) inches in diameter so long as the same are installed at such location or
screened from view so that the same are not visible from the street or adjoining parcels.
Section 3. Minimum Building Requirements.
(a) No building shall be erected or allowed to remain on anyparcel in said proj ect
unless the same shall meet the front, side, and rear setbacks of the Town of Cedar Point Zoning and
Building Ordinances, or a minimum front setback of 20 feet, a rear setback of 20 feet, and a side
setback of 10 feet, whichever is greatest.
(b) The exterior of all structures shall be completed within twelve (12) months
after construction is commenced, except under such circumstances where such completion is
impossible or would result in great hardship to the Owner or builder due to strikes, fires, national
emergency or natural calamities. No building may be occupied or used unless it has been built
substantially in accordance with the approved plans and specifications as approved by the Committee
and a certificate of completion has been issued by the appropriate governmental inspector.
(c) Each parcel owner shall provide receptacles for garbage and trash in a
screened area not generally visible from the street or common areas on which the parcel fronts or
adjoining parcels. All fuel tanks shall be enclosed within a fence, wall or plant screen so that the
same shall not be visible from the street or adjoining parcels, or the fuel tank shall be placed
underground.
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(d) Each parcel owner shall provide sufficient parking spaces in accordance with
the Town of Cedar Point Zoning and Building Regulation Ordinances on the parcel and off the street
prior to the use and occupancy of any building constructed on the parcel.
(e) With regard to the two access streets (Currituk Drive and Bodie Drive) as well
as other stormwater ditches or s wales a long any parking areas, property perimeters, or other
locations, each parcel owner shall be required to install a culvert and driveway over the swales or
stormwater ditching for continuous flow of stormwater. No parcel owner shall pipe either of the
treatment swales on tract 3 that receive stormwater runoff from pipes "A" and "D" as shown on the
plan without prior approval of a stormwater plan revision from Division of Water Quality. No parcel
owner shall fill in or alter any drainage system ditches or swales of the project without the written
approval of the Declarant.
(f) No fencing shall be erected, placed or allowed to remain on any portions of
the project unless the location, type of screening, screening design and other particulars are first
submitted to and approved by the Architectural Control Committee. The Architectural Control
Committee is authorized to permit decorative fencing or screening for landscaping, courtyard or
similar decorative purposes, or to screen the perimeter of the project from adjoining highways or
properties.
Section 4. Nuisances. Inoperable Vehicles Etc
(a) No unserviceable motor vehicles, appliances or other assorted junk and useless
materials may be kept on any parcel. All parcels shall be maintained free and clear of rubbish and
debris.
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(b) No noxious or offensive activity shall be carried on upon any parcel, nor shall
anything be done thereon tending to cause embarrassment, discomfort, annoyance or a nuisance to
adjoining parcei owners or the businesses being conducted thereon.
(c) All buildings, structures and their appurtenances shall be maintained in a
reasonable state of repair. In the event of damage to a building or other structure by fire or other
casualty, the exterior of a building or structure shall be repaired within six (6) months or the building
structure shall be demolished and the premises cleared of debris within six (6) months of the date
the damage occurred.
Section 5. Sims. All signage shall be in accordance with the Town of Cedar Point's Signage
and Zoning Regulations. All signage for all uses and buildings on any parcel within The Village at
Magens Bay P.U.D. shall first be submitted to and approved by the Declarant or the Architectural
Control Committee. The Declarant retains the right to prescribe the style, texture, size and design
of all signage.
Section 6. Mailboxes. Each parcel's proposed use of mailboxes and newspaper receptacles
shall first be submitted to and approved by the Architectural Control Committee. For each parcel
having more than one single use thereon and requiring two or more mailboxes, one central location
together with uniformity of design and configuration shall be used, subject to guidelines and design
format approved by the Declarant or Architectural Review Committee.
Section 7. Subdividing. Except as to any parcel still owned by the Declarant, no parcel shall
be further subdivided, or its boundary lines changed, except with the prior written consent of the
Declarant. Likewise, no parcel shall be used as a street, road, lane, way or easement over which
access may be obtained from another parcel within the project to adjacent properties without the
specific written consent of the Declarant. In the event the Declarant hereafter determines it necessary
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to alter or change any boundary lines of a parcel, then a revised plat of said proj ect or section thereof
subject to the alteration or change shall be recorded, and all such parcels thereon shall be subject to
the terns and conditions of these covenants.
Section 8. Restrictions on Built -Up Area. In order to comply with the rules and regulations
of the North Carolina Department of Environment and Natural Resources, Division of Water
Quality, and other state agencies with regard to stormwater runoff, each Owner of a parcel shall be
restricted to clearing, constructing and using as "built -upon" area the percentages or areas set forth
herein, and the impervious surfaces restrictions for each parcel, including asphalt, concrete, gravel,
brick, stone, slate, and coquina, but excluding uncovered wood decking or the water surface of
swimming pools. The restrictions upon the built -upon area shall be as follows:
A. For multi -family residential uses proposed on the southern 8.4 acres adjoining Magens
Bay Subdivision, the maximum allowable built -upon area for the 6 phased condominium project shall
be 25% of the square footage of the combined 8.4 acres on which the condominiums are proposed to be
built. This allotted amount includes any built -upon area constructed within the lot property boundaries
for the specific use and that portion of the right-of-way between the front lot line and the edge of the
pavement.
B. For commercial, business, office and institutional uses on the tracts along Highway 24,
there shall be a maximum of 25 % of the square footage of a particular tract for a low density stormwater
project or shall have an engineered stormwater system approved by the Division of Water Quality for
a high density project, or parcel proposed for commercial, business, office or institutional use. 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 existing sidewalk.
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This covenant is intended to insure continued compliance with the stormwater permit issued
by the State of North Carolina for the multi -family residential projects proposed on the southern 8.4
acres of The Village at Magens Bay project. This covenant may not be changed or deleted without
the consent of the State of North Carolina. The State of North Carolina shall be a third party
beneficiaryto the provisions of this paragraph and may enforce the same through proceedings, at law
or in equity. However, Declarant reserves the right to amend these covenants to specifically list and
set out any impervious area restrictions in order to comply with State of North Carolina and
specifically Division of Stormwater requirements.
Section 9. Filling of Drainage Features and Compliance with Environmerital Regulations.
No owner may fill in or pipe any roadside or parcel -line swale, except as necessary to provide a
minimum driveway crossing. No one may pipe, fill in or alter any parcel line swales used to meet
North Carolina Stormwater Management permit requirements. Each parcel owner is required to
maintain at all times in a manner consistent with all State and Federal regulations, that portion of any
ditching, drainage facilities, or stormwater system within the parcel lines of the owner's parcel as
shown on The Village at Magens Bay P.U.D. plat.
.The owner of a parcel shall be prohibited from altering any of the drainage features or
portions of the drainage plan as shown on the approved drainage plan for the project except with the
prior written approval of the Declarant as well as the Division of Water Quality, State of North
Carolina.
Section 10. Vegetated Buffer and Roof Drains.. Each parcel fronting on or abutting the
southernmost property line as shown on the recorded plat adjoining Magens Bay Subdivision, said
southern line being the closest boundary to the waters of Bogue Sound, shall be required to maintain
a 30-foot wide vegetated buffer between all impervious surfaces and the southernmost property line.
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The owner, builder or developer of any building placed on any of the tracts or parcels of the proj ect
shall be required to terminate all roof drains at least 30 feet from all ditches or canals that drain into
the surface waters of Brogue Sound.
ARTICLE VII - STREETS. EASEMENTS AND STORMWATER
SYSTEM FEATURES AND IMYROVEMENTS
A. Streets. The two streets and accesses off NC Highway 24 unto the project property
are known as Bodie Drive and Currituk Drive as shown on the recorded plat. Declarant reserves
unto themselves a perpetual, alienable and releaseable easement and right-of-way on and over said
drives for continued access to and from NC Highway 24 for any portions of the subject property.
Both drives may be used for access to and from Highway 24 to any business, office, commercial or
institutional developments placed on the northern portion of the subject property. Additionally,
Declarant reserves the right to transfer and convey to the Grantees of the various tracts constituting
the southern portion of the project hereafter developed into one or more residential condominium
developments, which access easements shall be appurtenant to each tract conveyed for residential
condominium development, and shall grant to the developer of each condominium project as well
as the purchasers of each individual unit therein and the heirs, successors in interest and assigns of
said purchaser, a perpetual easement over the two drives for access to and from Highway 24.
In the event any such easements are not included in deeds from the Declarant to the various
tracts to be hereafter developed over the southern portion of the property for single-family
condominium use, then the developer of each condominium proj ect over the southern portion of the
project property, as well as the purchasers of units within each condominium project, shall have a
perpetual easement appurtenant to said proj ect and each unit for access to and from NC Highway 24
to each condominium property over the access drives.
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As Currituk and Bodie Drives are private streets, Declarant reserves the right to convey the
private streets to The Magens Bay Village Master Association, Inc., a non-profit master association
already formed through the filing of Articles of incorporation with the North Carolina Secretary of
State. The Declarant and then the Association to which the street easements and right-of-ways are
hereafter assigned, shall have the authority to establish, adopt and enforce annually a separate budget
for all costs associated with the maintenance, upkeep, operation, replacement and related costs
associated with the streets and roads, and the Master Association shall further have the authority to
assess the costs related to the same among and between the various tracts or parcels of The Village
at Magens Bay project, based upon the size each tract or parcel bears to the total area or size of the
project as set forth in Paragraph G hereafter. The owner, developer or condominium association to
which costs of maintenance, repair or operation are charged, shall have the continuing obligation to
pay the same, and the Master Association upon default as to payment of the same, shall have the
right to file liens and to foreclose the same for non-payment for the assessments and charges.
B. Utility Easements. The Declarant reserves unto themselves, a perpetual, alienable
and releaseable easement and right-of-way on, over, under, through and upon the ground with men
and equipment to erect, maintain, inspect, repair and use electrical and telephone poles, wires, cables,
conduits, sewers, water mains, pipes and other suitable equipment for the conveyance and use of
electricity, telephone equipment, television, gas, sewage, water and community utilities or
conveniences in and over the following areas:
1. With regard to each parcel hereafter sold and split out from the project
property, in and over the front 10 feet of each parcel, 8 feet along each sideline of each parcel, and
along the rear 10 feet of each parcel;
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2. Along the northernmost 20 feet and the southernmost 20 feet of the perimeters
of the project property as shown on the recorded plat, and along the easternmost and westernmost
10 feet of the project property;
3. 10 feet on each side of Currituk Drive and Bodie Drive.
Declarant further reserves the right to cut drainways for surface water within the utility
easement areas reserved herein whenever action may appear to the Declarant to be necessary in order
to maintain reasonable standards of health, safety and appearance. The easements reserved herein
include the right to cut trees, bushes or shrubbery, to grade soils, or to take similar actions reasonably
necessary to provide economical and safe utility installation and to maintain reasonable standards
of health, safety and appearance. The Declarant further reserves the right to assign said easements
to one or more public or private utility companies for utility services to each parcel within the proj ect
properties in the future.
C. Street Lighting. Declarant reserves the right to subject the real property in this project
to a contract with Carteret -Craven Electrical Cooperative or such other utility companies furnishing
electrical services for the installation of underground electrical cables which may require an initial
contribution and/or the installation of street lighting, and which may require a continuing monthly
payment to the applicable electrical utility company by the owner of each building and/or parcel,
until such time as assumed by either the Town of Cedar Point or the Master Association.
D. Drainage and Stormwater EasementsDeclarant reserves unto themselves aperpetual,
alienable, and releaseable easement and right-of-way for stormwater collection and drainage
purposes over those swales, ditches, pipes, sediment traps, catch basin areas, and other portions of
the stormwater and sedimentation control as shown on the plans and plats recorded as referenced
above. These easements are reserved for the collection, storage and movement of stormwater and
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surface waters within and without the project. Declarant reserves the continuing right to maintain,
widen, replace, reconstruct, or modify all such stormwater and sedimentation easements and areas,
and fia-ther reserves 'the right to transfer and assign ali such easements to the Magens Bay Village
Master Association, Inc. for further maintenance, repair, replacement and management of the
stormwater easement areas and system. The cost of such maintenance, repair and replacement shall
again be provided for by the Master Association and the costs assessed between and among the
various parcels of the project in accordance with Paragraph G thereafter.
Each tract or parcel owner hereafter shall be obligated to keep free and clear any and all
drainage easements shown on the recorded plats, and each owner as well as each owner's tenants,
guests and invitees, shall be prohibited from obstructing, blocking or impeding the flow of surface
waters through said stormwater and drainage easements, and in the event any such easements are
obstructed or blocked so as to impede the flow of water, then the Declarant, Master Association, or
other owners of the project property shall have the right to clear said drainage easements and to
recover from the party responsible the cost of clearing of such obstruction or blockage as a result of
such deliberate acts or negligence of the responsible party.
E. Project Identification Signs and Entrance Areas. The Declarant reserves the right to
place signs, fencing, brick or stucco walls, shrubs or other appropriate structures identifying the
various sites, businesses, condominium projects, or uses within the project, on or near either Currituk
or Bodie Drive, or along the northern perimeter or border of the project property. The Declarant
further reserves a continuing easement for access to and from said signs or entrance area features so
as to repair, maintain, replace or reconstruct said signs or landscaping features.
F. Responsibility for Costs Relating to Streets. Stormwater Easements and Utility
Easements. Until such time as The Magens Bay Village Master Association, Inc. has been conveyed
OR

either the streets, utility easements or stormwater and drainage easements, or the responsibility for
maintenance and upkeep of the same has been assigned, it shall be the affirmative obligation of the
Declarant, and the Declarant's successors and assigns, to continue to own, maintain and manage the
streets, utility easements, and stormwater and drainage easements and facilities, all in accordance
with the requirements of the North Carolina Department of Environment and Natural Resources
(herein NCDENR), including any stormwater permits and soil erosion permits issued in conjunction
therewith. Declarant, its successors and assigns, and the Master Association once responsibility has
been so assigned, shall at all times provide the operation and maintenance necessary to ensure that
the permitted stormwater detention easements and facilities function at ultimate efficiency, that the
approved operations and maintenance plans are followed in their entirety and that maintenance
occurs at the scheduled intervals, including but not limited to periodic scheduled inspections,
sediment removal, mowing and revegetation of side slopes, the repair of eroded areas, the
maintenance of side slopes in accordance with plans and specifications, the removal of debris and
the unclogging of outlet structures, orifice devices, catch basins, piping, and the like, and access to
the outlet structures must be made available at all times.
Additionally, it shall be the responsibility of the Declarant and its successors and assigns, as
well as the Master Association once responsibilties have been assigned, to maintain current records
of maintenance activities so that the same are available upon request to authorized personnel for the
Town of Cedar Point and the North Carolina Division of Water Quality, with the records indicating
the date, activity, names of persons performing work, and all actions so taken. It shall further be the
responsibility of the Declarant, the Declarant's successors and assigns, and then the Master
Association once responsibility has been assigned, to provide through its annual budget sufficient
revenues and funds for the continued maintenance, operations, upkeep, reconstruction, and repair
17

of the streets, stormwater easements and facilities, and utility easements within and for the project
property-
G. Shared Costs. Declarant first and then the Master Association once responsibility for
the same have been assigned, shall establish, adopt and enforce annually a separate budget for all
costs associated with the maintenance, upkeep, operations, utilities, repairs, and replacement costs
associated with the project's streets, utility easements and facilities, drainage and stormwater
facilities, as well as all common utilities associated therewith. Said separate budget shall reflect all
costs associated with or related to the maintenance, upkeep, operation, management, repair,
replacement or reconstruction of the streets, utility easements and facilities, stormwater easements
and stormwater system for the project property, including but not limited to engineering fees, repair
costs, utilities. insurance_ cost of contractors or third parties, mowing, maintenance, capital reserves,
projected cost of replacement, professional fees, etc. Annually, the Declarant or the Master
Association shall prepare abudget as to all such common expenses relating to the streets, stormwater
system and utility systems, and shall forward to each owner of a tract or parcel within the project,
a copy of the proposed budget for review and input from each such parcel or tract owner a minimum
of 30 days before final adoption of the budget by either the Declarant or the Master Association.
After review by each parcel or tract owner and any input therewith, either the Declarant first or the
Master Association once responsibilities have been so assigned, shall adopt a final budget setting
forth the common expenses relating to the streets, common areas, utility easements and systems and
the stormwater easements and project stormwater system, and each tract or parcel owner to include
the Declarant as to all unsold parcels, shall be required to pay the pro-rata portions of the common
expenses, upkeep and maintenance, based upon the size each individual parcel bears to the total area
or size of the project. With regard to condominium projects which maybe hereafter developed over
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the southernmost 8.40 acres of the project, each condominium association shall be deemed to be the
owner of a parcel subject to the duty to share or pay its pro-rata costs, and each association shall as
part of its budget assess such common expenses among and between each condominium unit owner
of that particular project or parcel.
The total area for The Village at Magens Bay project consists of 15.18 acres. It is
contemplated by the Declarant that 8.40 acres along the southern portion of the property shall be
developed into six separate condominium projects with separate developers and separate
condominium owners association for each project. Accordingly, the six condominium projects to
be developed on the 8.40 acres shall be responsible for 55.34% of the total common expenses related
to or associated with the streets, utility systems and stormwater areas and facilities. Declarant
proposes to either develop for commercial, business or institutional purposes the remaining 6.78
acres along the northern portion of the project property, and the 6.78 acres reserved for commercial,
office or institutional uses, shall pay 44.66% of the common expenses associated with the streets,
utility systems, and stormwater easements and facilities. Each residential condominium unit shall
each pay 1/6 of the 55.34% interest the condominium developments are to pay with regard to the
total common expenses relating to the streets, utility systems, and stormwater easements and
facilities.
With regard to the remaining commercial acreage of 6.78 acres for which the owners of the
commercial acreage shall pay 44.66% of the common expenses relating to the streets, utility
easements and stormwater planning and facilities, as each portion of the 6.78 acres are sold and
divided, each separately sold or divided portion of the commercial acreage shall be required to pay
its pro-rata portion of the 44.66% based upon the size each commercial tract or lot bears to the total
area or size of the commercial acreage of 6.78 acres.
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The Declarant and then the Master Association shall have the ultimate responsibility for
assessing each owner of a tract or parcel within the proj ect using the guidelines set forth herein, and
the assessments of the common expenses as determined by the Declarant and/or the Master
Association shall be binding upon all owners of parcels within the project hereafter.
H. Failure to Pay Prorata Share ofthe Common Expenses; Creation of Lien. Each owner
of a tract or parcel within the project shall be required to pay its pro-rata share of the separate annual
budget as adopted by the Declarant or the Master Association for the common expenses as required
by these Covenants, and the Declarant or the Master Association shall provide that each parcel owner
shall pay its pro -rats share through monthly, quarterly, or semi-annual payments. In the event any
owner of a tract or parcel should fail to pay its share of the common expenses in a timely fashion,
then the Declarant or the Association following ten (10) days written notice and failure to thereafter
cure said default, shall have the right to file alien against the parcel owner and such parcel, which
lien may be enforced in accordance with Chapters 44, 44A and 47of the North Carolina General
Statute, including the right of the Declarant or the Master Association, or its assignee, to foreclose
the lien for non-payment of the common expenses. Upon default by any parcel or tract owner, then
the amount in default together with interest at 12% per annum, and the Declarant or Master
Association's costs and reasonable attorney's fee, may be collected, by either including the same in
any lien filed against the parcel and parcel owner, or in a lawsuit filed in the appropriate division of
the General Court of Justice in Carteret County, North Carolina. The Declarant, Master Association,
or its Assignee is authorized to file in the Office of the Clerk of Superior Court an instrument
suitable for recordation which shall set forth the name of the record owner of each parcel, the parcel
description, the amount of the common expenses owed, the date the common expenses were due,
the fact that the parcel owner has failed to pay said expenses, and the amount of the common
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expenses, costs and attorneys fees claimed. Following the recordation of the lien, the Declarant,
Master Association or its Assignee is authorized to institute an appropriate action in the Court having
jurisdiction over the subject matter and the parties, in order to collect the common expenses,
interests, costs and attorneys fees, and to effect a sale of the parcel to satisfy the lien for the
delinquent common expenses.
All sums collected by the Declarant, responsible Association or its Assignee for common
expenses pursuant to the separate common expenses budged budget shall be used exclusively for the
purpose of maintaining, operating, managing, and administering the streets, utility systems and
equipment, and stormwater easements and facilities, insurance, upkeep, maintenance and
replacement of said facilities and equipment associated therewith, replacement or reconstruction
costs, capital reserves, costs of manpower, utilities, contracting, and professional fees, and other
expenses as may be determined appropriate or necessary by the Declarant, Master Association, or
their Assignee, using good business practices.
I. Easements of Enjoyment. Every owner of an parcel within the project as well as its
agents, employees, invitees and guests, shall have the right and easement of enjoyment in and from
NC Highway 24 over Bodie Drive and Currituk Drive, as well as the right to connect to and use all
drainage easements, ditching, swales and other drainage system features, for the purpose of
transporting and diverting all stormwater and surface water runoff to the various stormwater
easement areas and facilities as shown on the recorded plats.
ARTICLE VIII - COVENANTS RUN WITH THE LAND
These Covenants and Restrictions shall run with the project and inure to the benefit of the
parcel owners for a term of twenty-five (25) years from the date these Covenants are recorded.
Thereafter, said Covenants shall be automatically renewed and extended for successive periods of
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ten (10) years each. These Covenants and Restrictions may be amended by an instrument executed
by parcel owners who collectively are responsible for the payment of not less than 66 2/3's percent
of the common expenses of the streets, utility systems and stormwater easements and drainage
system in accordance with Article VII, Paragraph G. Until such time as all of the parcels have been
sold by the Declarant, Declarant reserves the right to amend these restrictions as a matter of right and
such amendments shall be binding on all parcel owners thereto and all future purchasers on and after
the recordation of the amendments. No amendment adopted hereafter shall have the effect of making
a building, structure or architectural plan non -conforming if the same has been originally approved
by the Architectural Control Committee.
ARTICLE IX - VIOLATIONS
In the event of a violation or breach of any of these Covenants by any parcel owner or other
person, the Declarant, or any one or more Owners of parcels in the project, or any of them jointly or
severally, shall have the right to proceed at law or in equity to compel compliance with the terms and
conditions set forth herein, and to prevent the violation or breach of these covenants, and to recover
damages as compensation for a breach or violation of these covenants. Any failure to enforce any
right, reservation, or conditions contained in these covenants, however long continued, shall not be
deemed a waiver of the right to do so hereafter as to the same breach, or as to a breach occurring
prior or subsequent thereto, and shall not bar or affect its enforcement.
ARTICLE X - INVALIDATION
The invalidation by a Court or other public agency of any of the provisions of these covenants
shall not in any way affect any of the remaining provisions, and the same shall remain in full force
and effect.
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ARTICLE XI - BINDING EFFECT
These Covenants and Restrictions shall be binding on the Declarant, each parcel owner, any
Association hereafter fbimed for the purposes set forth herein, as well as the heirs, successors in
interest and assigns, of the named parties herein.
IN WITNESS WHEREOF, the Declarant has executed this instrument on the day and year
first above written.
DAB ENTERPRISES, LLC
LI-A
David A. Barefield, Manager
RBF ASSOCIATES, LLC
LE
Richard A. Farrington, Manager
CEDAR POINT ASSOCIATES, LLC
LO-A
Kathryn Gorham, Manager
KATHRYN FERGUSON GORHAM
1__3 1 azI'Iva")19 116 r.170-1
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STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, , a Notary Public for said County and State, certify that
David A. Barefield, Manager, appeared before me and executed the foregoing instrument on behalf
of DAB Enterprises, LLC
Witness my hand and seal this day of December, 2004.
Notary Public
My Commission expires:
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, . a Notary Public for said County and State, certify that
Richard A. Farrington, Manager, appeared before me and executed the foregoing instrument on
behalf of RBF Associates, LLC
Witness my hand and seal this day of December, 2004.
Notary Public
My Commission expires:
STATE OF NORTH CAROLLNA
COUNTY OF CARTERET
I, , a Notary Public for said County and State, certify that
Kathryn Ferguson Gorham, Manager, appeared before me and executed the foregoing instrument on
behalf of Cedar Point Associates, LLC.
Witness my hand and seal this day of December, 2004.
My Commission expires:
Notary Public
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STATE OF NORTH CAROLINA
COUNTY OF CARTERET
I, , a Notary Public for said County and State, certify that
Henry Gorham appeared before me and executed the foregoing instrument.
Witness my hand and seal this day of December, 2004.
Notary Public
My Commission expires:
STATE OF NORTH CAROLINA
COT JNTY OF CARTERET
I,_ . a Notary Public for said County and State, certify that
Kathryn Ferguson Gorham, Manager, appeared before me and executed the foregoing instrument.
Witness my hand and seal this day of December, 2004.
My Commission expires:
Notary Public
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PREPARED BY: Richard L. Stanley, Attorney at Law, P.O. Bog 150, Beaufort, North Carolina 28516
sallie/condodocs/TheVillasatMagensBay/Declaration&RestrictiveCovenants
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